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-2023-0006

Published Sept. 29, 2023
Expiration date: 10/14/2023

LOCATION: I-235/I-135/K-254 Wichita North Junction.

REQUESTERS PROPOSED ACTION: CenturyLink Communication, LLC is proposing to install one 1.25-inch HDPE conduit, four 2-inch HDPE conduits and two 1.25 HDPE conduit that will lay parallel to each other and will go up and over the WVC Levee D located in Wichita, KS. This line of conduits will terminate into a non-project segment associated with the WVC Chisholm Levee P and the I-135 and I-235 interchange ramp embankment. The conduits will not be placed in or through the levee but will be placed on the levee and then fill material will be compacted in lifts over the conduits. The conduits will cross over the existing levee and will have a minimum of 42-inches of soil cover. This surpasses the USACE requirement that states the minimum cover should be a minimum of 18-inches. The slopes of this cover will be a minimum of 1H:10V, which exceeds the USACE minimum requirements.

ENVIRONMENTAL IMPACTS OF PROPOSED ACTION: USACE is reviewing the environmental compliance documentation submitted by the requester and has previously adopted the Federal Highway Administration Categorical Exclusion Determination, dated February 2020, which has determined there is no suitable habitat for federally listed species under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS) within the project area for the current request. USACE anticipates activities associated with the proposed are not likely to cause adverse effects to federally listed species or designated critical habitat under the jurisdiction of the USFWS.

The proposed project was 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 and Endangered Species Act figures. Based on the cultural resources review, the project meets the No Effect threshold, concluding the Section 106 process.