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Council concurs with FHWA de minimis finding so KDOT can advance K‑96 improvements affecting parks and trail
Summary
Council approved a concurrence with a Federal Highway Administration de minimis finding for KDOT’s K‑96 project, allowing the state to complete environmental clearance; the project will affect small portions of K‑96 Lake Park, Chisholm Creek North and South parks and about one‑third of a mile of the K‑96 bike trail.
The City Council voted unanimously Tuesday to concur with a Federal Highway Administration de minimis finding on the Kansas Department of Transportation’s planned improvements to K‑96 between I‑135 and East Kellogg, clearing the way for KDOT to complete environmental review.
“Section 4(f) de minimis impact involves a minor use of protected resource and, after taking into account avoidance, minimization, mitigation and enhancement measures, results in no adverse effect to the activities, features or attributes qualifying a park, recreation area or refuge for protection under Section 4(f),” Paul Gunzelman of Public Works and Utilities told the council.
KDOT’s footprint for the project will affect four park properties: K‑96 Lake Park, Chisholm Creek Park North, Chisholm Creek Park South and the K‑96 bike trail. Gunzelman said approximately 0.8 acres of the lake park’s 46 acres are in the right‑of‑way for new interchange ramps; Chisholm Creek Park North would lose about 1.3 acres and Chisholm Creek Park South about 1.8 acres of 282 acres; roughly one‑third of a mile of the trail east of Webb Road would be reconstructed and shifted to maintain continuity.
Gunzelman described phased construction and right‑of‑way acquisition plans that prioritize interchange work at Woodlawn and Rock, followed by the I‑135 interchanges and Webb Road. He said the Park Board reviewed the proposal on Jan. 13 and supported the de minimis finding.
Financially, the concurrence itself does not obligate the city to pay; KDOT will negotiate and compensate property owners through its acquisition process and will coordinate replacement and mitigation with the city. Gunzelman said proceeds from any park land acquisition may be used to improve trails and boardwalks within Chisholm Creek South Park.
Councilmember Tuttle moved approval; the motion passed 7‑0. City staff said KDOT will continue coordination with the city as the project advances.
