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-2022-001

Programs and Project Management Division
Published Feb. 18, 2022
Expiration date: 3/4/2022

LOCATION: MacArthur Road and MS Mitch Mitchell Floodway, Wichita, Sedgewick County, Kansas.

REQUESTERS PROPOSED ACTION: Kansas Gas Service (KGS) proposes to install a 8-inch steel pipeline along MacArthur Road and under WVC Big Slough Levee C North, WVC Big Slough Levee D and MS Mitch Mitchell Floodway. The steel pipeline will be installed utilizing the horizontal direction drilling technique. The proposed entry and exit locations of the boring are outside of 300 feet from the levee centerline, per USACE regulation. The depth of the boring underneath both WVC Big Slough Levee C North and WVC Big Slough Levee D are greater than two times the height of the levees.

ENVIRONMENTAL IMPACTS OF PROPOSED ACTION: USACE is reviewing the environmental compliance documentation submitted by the requester will determine the effect of the requesters proposed project on federally listed species under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS). The proposed project will be reviewed for cultural resources, in accordance with Section 106 of the National Historic Preservation Act, based on an area of potential effect
determined based upon construction plans submitted for review by the requester.