Tulsa District Regulatory Permits for Public Comment

PURPOSE:  The purpose of these public notices are to inform you of a proposal for work in which you might be interested and to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest.

SECTION 10: The U.S. Army Corps of Engineers is directed by Congress through Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition, or capacity of navigable waters of the United States.  The intent of this law is to protect the navigable capacity of waters important to interstate commerce.

SECTION 404: The U.S. Army Corps of Engineers is directed by Congress through Section 404 of the Clean Water Act (33 USC 1344) to regulate the discharges of dredged and fill material into all waters of the United States.  These waters include lakes, rivers, streams, mudflats, sandflats, sloughs, wet meadows, natural ponds, and wetlands adjacent to other waters.  The intent of the law is to protect these waters from the indiscriminate discharge of material capable of causing pollution and to restore and maintain their chemical, physical, and biological integrity.

U.S. Army Corps of Engineers, Tulsa District

Regulatory Office, Chief



(408) SWT-2021-020

Programs and Project Management Division
Published Feb. 4, 2022
Expiration date: 2/18/2022

LOCATION: Newton, Kansas in the Newton Channel near the downstream end on the left descending bank of Sand Creek channel project.

REQUESTERS PROPOSED ACTION: The City of Newton, Kansas proposes the construction of a 12-inch RCP with a headwall and flap gate through the Sand Creek channel embankment as part of a proposed construction of two new 1.9 MG prestressed concrete ground storage tanks for potable water which will replace an existing 3.8 MG steel ground storage tank (Attachment 2). The RCP will be placed by open trenching the channel embankment. The embankment materials will be replaced in 6-inch lifts and with the proper water content and density according to the geotechnical data that was obtained and analyzed as part of this project proposal. The existing embankment slope of the Sand Creek channel, where the proposed penetration will occur, is currently lined with riprap.  This riprap will be removed to allow for construction and will be replaced upon completion of construction.