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Corps Of Engineers To Dredge Hawthorne Neighborhood's Lake
Public Notice Issued

December 3, 2002

A notice (#200300267) inviting comments from the public has been issued by the Corps of Engineers. It concerns the dredging of the pond at Hawthorne neighborhood (click on photo for more images).

The notice itself is a very large file in .pdf format, so I have copied the text and most of the photos in this article.

Topics covered by the announcement include:

JOINT PUBLIC NOTICE:

This public notice is issued jointly with the Kansas Department of Health and Environment. The Department of Health and Environment 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 Kansas Department of Health and Environment, Bureau of Water - - Watershed Management Section, 1000 SW Jackson Street, Suite 420, Topeka, Kansas 66612-1367.

APPLICANT:

Hawthorne Community Master Association P.O. Box 25574 Shawnee Mission, KS 66225-5574

PROJECT LOCATION (As shown on the attached drawings):

Tomahawk Creek Parkway between Roe Avenue and Nall Avenue, in Section 21, Township 13 south, Range 25 east, Johnson County, Kansas.

AUTHORITY:

Section 404 of the Clean Water Act (33 USC 1344).

ACTIVITY (As shown on the attached drawings):

PROPOSED WORK:

Renovation of an existing 4-acre man-made lake for the purpose of removing accumulated sediment and restoring previously existing contours and conditions. The project would begin by draining water from the lake and allowing for 2-4 weeks of drying, facilitating the entry of earth-moving equipment onto the site. Excavation activities would involve scraping and stockpiling accumulated silt material within the lakebed and allowing it to dry before loading and removal to an upland site. An estimated 20,000 cubic yards of material would be removed from the lake bottom. The placement of cable-concrete erosion control mat is proposed around the entire perimeter of the lake after removal of sediment. The mat system consists of individual tapered square concrete blocks measuring 11 ½ inch at the top and 15 ½ inch at the base with a ½ inch spacing between each block on all sides. The individual blocks are connected by stainless steel cable to form 8 foot by 16 foot mats. A geotextile fabric is attached to the base of each mat. The mats will be placed lengthwise around the perimeter of the lake with 4 feet of mat located above and 4 feet of mat located below the ordinary waterline. The total amount of cable-concrete mat needed to cover the shoreline of the lake is estimated at 2,200 square feet and would result in a fill of approximately 0.25 acres below the ordinary high water mark. Limestone rock slabs currently in place around lake will be relocated above the cable-concrete mat to provide additional erosion protection and for aesthetic purposes.

WETLANDS:

No discharge of dredged material will be placed in wetlands.

ADDITIONAL INFORMATION:

Additional information about this application may be obtained by contacting Brian Donahue, U.S. Army Corps of Engineers; Kansas City Regulatory Office; 700 Federal Building; 601 East 12th Street; Kansas City, Missouri 64106-2896 at telephone 816-983-3703 (FAX 816-426-2321) or via email at brian.t.donahue@usace.army.mil. All comments to this public notice should be directed to the above address.

STATE AUTHORIZATION:

The applicant has applied for a permit from the Kansas Department of Agriculture pursuant to Kansas Statutes Annotated 82a-301 to 305. Permit No. 200300267 Issue Date: December 2, 2002 Expiration Date: December 23, 2002

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 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.

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 1 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.

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