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shalimar add. storm sewer 2/4/1976February 4, 1976 Dean Boyer, City Engineer City -County Building 300 West Ash Salina, Kansas, 67401 Dear Dean, ve `%, %KC. 2075 South Ohio - P. O. Box 554 SALINA, KANSAS 67401 (913) 827-9373 Re: Lots 1-6, Block 9; Lots 2 & 3, Block 13 Shalimar Plaza Addition With reference to our conversation on January 30, 1976 concerning the Smoky Hill River Channel directly east of the captioned property, I wish to thank you for your immediate response in sending Mr. Don Bassett to the site to observe the filling of the channel by the placement of earth by scraper on the haul road on the east bank and the movement of the earth into the channel by the use of a motor grader. I have photographed the operating machinery and the filling operation which was con- ducted on January 30th and January 31st, 1976. I would like to request that the city take the necessary action to have the earth removed from the east bank of the Smoky Hill River channel in order that the channel will occur in the location it was certified to exist on the 10th day of December, 1958 when Mr. H. F. Harper, engineer, certified the plat of the Shalimar Plaza Addition. A study of the plat indicates that the center of the Smoky Hill River occurred approximately 100' east of the Northwest corner of Lot 1, Block 9, Shalimar Plaza Addition and in the development of Lots 1 through 6, Block 9, it will be necessary for us to re-establish the center of the Smoky Hill River as it was certified to exist when the plat was filed. I would also like to request that the City Engineering Department be alert to the height of the dike being constructed east of the river, in order that it not be so high that it has the effect of reducing the impoundment area, which area is, as I understand it, the subject of an agreement between the U. S. Army Corp of Engineers and the city of Salina. Additionally the construction of the dike to so high a level that it would have the effect of protecting the industrial area contained within the loop of the river to the east, at the expense of that part of the Shalimar Plaza Addition lying east of Ohio street (which might then be flooded as a result of the reduced storage area), should be a matter of continuing concern to the City Engineering Department, and I trust, will be. (continued) "Your Only Real Security — A Home of Your Oton" Mr. Dean Boyer, City Engineer Page 2 Erosion by natural forces has exposed a considerable amount of concrete drainage pipe at the terminus of the drainage line in the storm sewer easement occurring along the southerly line of Lot 6, Block 9, and along the northerly line of Lot 1, Block 13, Shalimar Plaza Addition. Prior to the filling of the riparian land west of the historic center of the channel, we request that the city repair the storm sewer line as needeiin advance of the leveling of the riparian land. Again, thank you for your prompt and efficient response to my telephone call of January 30, 1976. DGH:rc cc: Norris Olson, City Manager L. 0. Bengston, City Attorney �.f LETTER dated FEBRUARY 4, 1976 from D. V., INC. - DOUGLAS HILL Paragraph 1 - Mr. Bassett did observe the construction of a road on the top of the east bank of the river channel. This earthen material was being used for road building, purposes and was not being placed in the channel. Paragraph 2 - The machinery referred to was operating, but no filling operation was being conducted. Paragraph 3 - As near as we can determine the east bank of the Old Smoky Hill River Channel, at the location indicated, is in its natrual state and we will take the necessary action to see that it stays that way. Paragraph 4 - Any action in regard to these claims would have to be conducted by Mr. Hill. Paragraph 5 - Any damage to the flood protection capabilities of our flood protection works would be a continuing concern to this office and Mr. Hills trust is well founded. Paragraph 6 - The storm sewer is in need of repair and it is the City's responsibility to do this. This office still has the same concerns expressed in paragraph 5 and will still take necessary action to see that Mr. Hill does not fill any of the defined channel as it exists today. Paragraph 7 - You are welcome ?