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APPLICANT: Dale Hughes
PROJECT LOCATION: The project is located on an unnamed tributary to Labadie Creek in Section 12, Township 43 north, Range 1 east, Franklin County, Missouri.
ACTIVITY: The applicant proposes to construct a new private impoundment on an unnamed tributary to Labadie Creek, which flows into the lower Missouri River. The project will require the placement of approximately 110,250 cubic yards of fill material for the construction of an earthen dam.
APPLICANT: Dale Hughes
PROJECT LOCATION: The project is located on an unnamed tributary to Labadie Creek in Section 12, Township 43 north, Range 1 east, Franklin County, Missouri.
ACTIVITY: The applicant proposes to construct a new private impoundment on an unnamed tributary to Labadie Creek, which flows into the lower Missouri River. The project will require the placement of approximately 110,250 cubic yards of fill material for the construction of an earthen dam.
PUBLIC NOTICE
Permit No. NWK-2016-250
Issue Date: June 20, 2016
Expiration Date: July 11, 2016
US Army Corps
of Engineers
Kansas City District
21-Day Notice
______________________________________________________________________________
This public notice is issued jointly with the Missouri Department of Natural Resources, Water
Pollution Control Program. The Department of Natural Resources will use the comments to this
notice in deciding whether to grant Section 401 water quality certification. Commenters are
requested to furnish a copy of their comments to the Missouri Department of Natural Resources,
P.O. Box 176, Jefferson City, Missouri 65102.
APPLICANT: Dale Hughes
19120 Whispering Timber Drive
Wildwood, Missouri 63069
PROJECT LOCATION (As shown on the attached drawings): The project is located on an
unnamed tributary to Labadie Creek in Section 12, Township 43 north, Range 1 east, Franklin
County, Missouri.
[Latitude: 38.484568 -- Longitude -90.861626 Gray Summit].
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344).
ACTIVITY (As shown on the attached drawings): Proposed The applicant proposes to
construct a new private impoundment on an unnamed tributary to Labadie Creek, which flows
into the lower Missouri River. The applicant states that the project will require the placement of
approximately 110,250 cubic yards of fill material for the construction of an earthen dam. The
dam will measure approximately 850 feet long by 371 feet wide (at the base) by 56 feet high. A
geotechnical study will establish the required embankment slopes that will have a factor of safety
required by the Missouri Dam and Reservoir Safety Council of the Missouri Department of
Natural Resources. Approximately 26.5 acres of water will be impounded behind the dam at full
pool. The dam will contain a 5-foot-square concrete inlet box connected to a smooth steel
spillway pipe, along with an emergency spillway. The purpose, as stated by the applicant, is to
construct a private lake for water-based recreation, swimming, fishing, and wildlife management,
and improve the property for a single-family dwelling.
WETLANDS/AQUATIC HABITAT: Approximately 345 linear feet of intermittent/ephemeral
stream channel will be filled during construction of the earthen dam. At full pool the dam will
create an impoundment that will inundate approximately 2,202 linear feet of the stream channel.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: The applicant is proposing to mitigate for unavoidable impacts to the stream by
purchasing stream mitigation credits from a Corps' approved mitigation bank or in-lieu fee
provider. Mitigation credits will be calculated using the Missouri Stream Mitigation Method.
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by contacting Mr. James Ptacek, U.S. Army Corps of Engineers, Missouri State
Regulatory Office, 515 East High Street, Suite 202, Jefferson City, Missouri 65101, telephone
(816) 389-3834, or email to james.a.ptacek@usace.army.mil. All comments to this public notice
should be directed to the above address.
CULTURAL RESOURCES: Kansas City District will comply with the National Historic
Preservation Act of 1966 and 36 CFR 800. We have checked the National Register of Historic
Places and the Federal Register and no property listed in the Register or proposed for listing is
located in the permit area. This is the extent of our knowledge about historic properties in the
permit area at this time. However, we will evaluate input by the State Historic Preservation
Officer, Tribal Historic Preservation Officers (or Tribe designated representative) and the public
in response to this public notice, and we may conduct or require a reconnaissance survey of the
permit area to check for unknown historic properties, if warranted.
ENDANGERED SPECIES: In compliance with the Endangered Species Act, a preliminary
determination has been made that the described work will not affect species designated as
threatened or endangered or adversely affect critical habitat. In order to complete our evaluation
of this activity, comments are solicited from the U.S. Fish and Wildlife Service and other
interested agencies and individuals. The applicant proposes to complete a bat habitat survey on
the project site for evaluation by the Corps and U.S. Fish and Wildlife Service.
FLOODPLAINS: This activity is being reviewed in accordance with Executive Order 11988,
Floodplain Management, which discourages direct or indirect support of floodplain development
whenever there is a practicable alternative. By this public notice, comments are requested from
individuals and agencies that believe the described work will adversely impact the floodplain.
WATER QUALITY CERTIFICATION: Section 401 of the Clean Water Act (33 USC 1341)
requires that all discharges of dredged or fill material must be certified by the appropriate state
agency as complying with applicable effluent limitations and water quality standards. This
public notice serves as an application to the state in which the discharge site is located for
certification of the discharge. The discharge must be certified before a Department of the Army
permit can be issued. Certification, if issued, expresses the state's opinion that the discharge will
not violate applicable water quality standards.
PUBLIC INTEREST REVIEW: The decision to issue a permit will be based on an evaluation
of the probable impact including the cumulative impacts of the proposed activity on the public
interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors which may
be relevant to the proposal will be considered including the cumulative effects thereof; among
those are conservation, economics, esthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs and, in general, the needs and welfare of the
people. The evaluation of the impact of the activity on the public interest will include
application of the guidelines promulgated by the Administrator, Environmental Protection
Agency under authority of Section 404(b) of the Clean Water Act (33 USC 1344). The Corps of
Engineers is soliciting comments from the public; Federal, state, and local agencies and officials;
Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects, and the other public interest factors listed above.
Comments are used in preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments are also used
to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
COMMENTS: This notice is provided to outline details of the above-described activity so this
District may consider all pertinent comments prior to determining if issuance of a permit would
be in the public interest. Any interested party is invited to submit to this office written facts or
objections relative to the activity on or before the public notice expiration date. Comments both
favorable and unfavorable will be accepted and made a part of the record and will receive full
consideration in determining whether it would be in the public interest to issue the Department of
the Army permit. Copies of all comments, including names and addresses of commenters, may
be provided to the applicant. Comments should be mailed to the address shown on page 2 of this
public notice.
PUBLIC HEARING: Any person may request, in writing, prior to the expiration date of this
public notice, that a public hearing be held to consider this application. Such requests shall state,
with particularity, the reasons for holding a public hearing.
APPLICATION NO. NWK-2016-250
DALE HUGHES
DISCHARGE OF FILL MATERIAL FOR LAKE CONSTRUCTION
UNNAMED TRIBUTARY TO LABADIE CREEK
FRANKLIN COUNTY, MISSOURI
SHEET 1 OF 5
DATED 20 JUNE 2016
APPLICATION NO. NWK-2016-250
DALE HUGHES
DISCHARGE OF FILL MATERIAL FOR LAKE CONSTRUCTION
UNNAMED TRIBUTARY TO LABADIE CREEK
FRANKLIN COUNTY, MISSOURI
SHEET 2 OF 5
DATED 20 JUNE 2016
APPLICATION NO. NWK-2016-250
DALE HUGHES
DISCHARGE OF FILL MATERIAL FOR LAKE CONSTRUCTION
UNNAMED TRIBUTARY TO LABADIE CREEK
FRANKLIN COUNTY, MISSOURI
SHEET 3 OF 5
DATED 20 JUNE 2016
APPLICATION NO. NWK-2016-250
DALE HUGHES
DISCHARGE OF FILL MATERIAL FOR LAKE CONSTRUCTION
UNNAMED TRIBUTARY TO LABADIE CREEK
FRANKLIN COUNTY, MISSOURI
SHEET 4 OF 5
DATED 20 JUNE 2016
APPLICATION NO. NWK-2016-250
DALE HUGHES
DISCHARGE OF FILL MATERIAL FOR LAKE CONSTRUCTION
UNNAMED TRIBUTARY TO LABADIE CREEK
FRANKLIN COUNTY, MISSOURI
SHEET 5 OF 5
DATED 20 JUNE 2016