Final Notice and Public Explanation of a Proposed Activity in a Federal Flood Risk Management Standard Designated Floodplain
To: All interested Agencies, Groups and Individuals
This is to give notice that Johnson County Community Development has conducted an evaluation as required by Executive Order(s) 11988, as amended by Executive Order 13690, in accordance with HUD regulations at 24 CFR 55.20 in Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under Community Development Block Grant and B-25-UC-20-0001. The proposed project is located from Commerce Drive to north of 95th Street, along Lexington Road in DeSoto, Kansas 66030, Johnson County and is located in the Federal Flood Risk Management Standard (FFRMS) floodplain. The extent of the FFRMS floodplain was determined using the freeboard value approach. The project consists of new construction of an 8,000 square foot Americans with Disabilities Act compliant walkway/bike path, ending 20 feet short of the floodway, with approximately 171 feet located in the FFRMS floodplain. The path will be constructed in an existing 15-20 feet of box grade in the right of way. There will be no clearing of trees or vegetation and natural landscape enhancements that maintain or restore natural hydrology, as well as planting or restoring native plant specifies will be completed as a means of minimization of hazards. The project will improve the safety of pedestrians that travel along Lexington Road, keeping them out of the road and allow for easier access to commercial districts along Commerce Drive, by means of an energy efficient mode of transportation.
Johnson County Community Development has considered the following alternatives and mitigation measures to minimize adverse impacts and to restore and preserve natural and beneficial functions and intrinsic values of the existing floodplain/wetland: Elevating the trail out of the floodplain would potentially cause more environmental harm with the magnitude of ground disturbance and tree removal that would be required, as well as line of site issue for motorists. Using the existing rail line and bridge would increase the distance for pedestrians to reach 95th Street, include a substantial amount of ground disturbance, and potential future uses of the rail line determined this would not be a suitable alternative. An alternative of no action would continue to require residents to walk either in the roadway of Lexington Road, including the intersection of K-10 highway, where heavy traffic is present or discourage residents from accessing the commercial district on Commerce drive. The best alternative is keeping the proposed location in the existing right of way, including 171 feet in the FFRMS floodplain, stopping 20 feet short of the floodway, leaving about 550 feet of an unimproved right-of-way surface to access 95th Street. The proposed location consists of box grade in the right way, requiring no clearing of trees or substantial ground disturbing allowing residents the shortest distance access from Commerce Drive to almost 95th Street. Natural landscape enhancements that maintain or restore natural hydrology and planting or restoring native plant species mitigation measures will be taken to minimize the adverse impacts and to restore and preserve natural and beneficial functions and intrinsic values of the existing FFRMS floodplain. Compliance with Kansas Department of Agriculture, Federal Emergency Management Agency, U.S. Fish and Wildlife Services, and Army Corps of Engineers has been met.
Johnson County Community Development has reevaluated alternatives to building in the FFRMS floodplain and has determined that it has no practicable alternative to FFRMS floodplain development. Environmental files documenting compliance with Executive Order 11988, as amended by Executive Order 13690, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplain and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplain can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplain, it must inform those who may be put at greater or continued risk.
Written comments must be received by the Johnson County Community Development at the following address on or before November 20, 2024: Johnson County Community Development, 111 South Cherry, Suite 2000, Olathe, Kansas 66061 and 913-715-2220, Attention: Jay C. Leipzig, Director of Planning, Housing, and Community Development. A full description of the project may also be reviewed from Monday through Friday, 8:00 AM to 5:00 PM at 111 South Cherry, Suite 2000, Olathe, Kansas 66061 and https://www.jocogov.org/department/community-development. Comments may also be submitted via email at cdbg@jocogov.org.
Date: November 12, 2024