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LRH 2017-919-OHR

Published July 3, 2017
Expiration date: 8/1/2017

TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army (DA) Permit under the provisions of Section 10 of the Rivers and Harbors Act. 

 

APPLICANT:            Jerry Purvis

                                  East Kentucky Power Cooperative

         4775 Lexington Road

                                  Winchester, Kentucky 40391

 

LOCATION:  As depicted on the attached Figure 1 (Sheet 1 of 6), the proposed project would be located along the left descending bank of the Ohio River at approximately 413.5 and 414.0 river miles downstream of Pittsburgh, Pennsylvania at Maysville, in Mason County, Kentucky.  The proposed dredging would occur within the existing coal offloading site (River Mile 414.0)  (38.705064°N and longitude 83.819799°W) and proposed secondary coal offloading site (River Mile 413.5) (38.703194°N and longitude 83.808129°W). 

 

PROJECT HISTORY: The existing coal offloading facility was approved by a DA permit on January 31, 1977.  Construction of the facility was completed in 1977 and includes 19 existing steel pile cells, a terminal access bridge, walkway trestles between mooring cells, a coal unloader, and a barge haul system.   On January 13, 1981, a Letter of Permission was issued to perform maintenance dredging at the primary unloading area for a period of 10 years.  On October 7, 2011, a letter of permission authorized the temporary offloading of coal for four months at the proposed secondary offloading facility and was authorized to continue until the existing primary offloading facility was repaired and returned to normal operations.  On April 5, 2007, a DA permit authorized maintenance dredging at the primary unloading area for 10 years.  This DA permit is scheduled to expire on December 31, 2017.    

 

DESCRIPTION OF THE PROPOSED WORK:  The applicant has requested a DA authorization to perform maintenance dredging on an as needed basis for a period of 10 years at its existing coal offloading and barge mooring facility as well as its proposed secondary coal offloading facility.  The applicant has proposed to expand its existing permitted dredge area that expires on December 31, 2017.  The applicant has proposed no new construction or modifications to the current coal offloading and barge mooring facility operating plan.  The purpose of the maintenance dredging is to increase the water depth along the existing facility as well as the secondary facility and to provide sufficient water depth for the fleeting of empty and loaded barges.  Plans for the proposed work are attached to this Public Notice (Sheets 1 through 6). 

 

Existing Coal Offloading Site

 

The applicant proposes to remove approximately 30,000 cubic yards of material using a barge-mounted crane with clam shell bucket, or similar equipment, and a deck barge with sidewalls to contain the dredged material (Sheet 2 of 4).  The dredged material would be removed from an area 2,680 linear feet in length parallel to the stream bank, not to exceed 100 feet riverward from the shoreline to an elevation of 473 feet mean sea level (msl) (Sheet 4 of 6). 

 

Secondary Coal Offloading Site

 

The applicant proposes to establish a permanent secondary coal offloading site (Sheet 3 of 6) to provide an alternative option for offloading coal barges should the existing coal unloader fail and require maintenance/repairs.  The secondary coal offloading site would include the mooring of loaded barges directly to existing concrete and steel anchors at the shoreline site or to spudded anchor barges.  No more than four barges, two barges wide by two barges long, would be moored at the secondary coal offloading location. The distance from the shoreline would not exceed 100 feet and the distance parallel to the shoreline would not exceed 400 feet.  Shore-based equipment would be used to unload the barges.  If shore-based equipment is not practical, the applicant would utilize a material handler, a conveyor system, or other coal offloading system mounted barges that would be moored directly to the shore.  The secondary coal offloading site may be required for use an average of three times per year.  The applicant proposes to dredge approximately 4,500 cubic yards of material using a barge-mounted crane with clam shell bucket, or similar equipment, and a deck barge with sidewalls to contain the dredged material.  The proposed dredging would include an area approximately 100 feet in width and 400 feet in length parallel to the shoreline to an elevation of 473 feet msl.

 

Disposal of Dredged Material

 

The applicant proposes to dispose of the dredged material in an off-site upland area in a manner to prevent its reentry into waters of the United States.  The applicant’s preferred disposal area is located at the Belleview Sand and Gravel site along the left descending bank of the Ohio River, at River Mile 502.0, near Belleview, in Boone County, Kentucky (Sheet 5 of 6).  The applicant’s alternate disposal location is located at their existing landfill area located southwest of the proposed dredging project (Sheet 6 of 6).

 

AVOIDANCE AND MINIMIZATION:  The applicant has indicated that the proposed dredging activity is limited to areas where accumulated material has occurred and is needed for the continued operation of the existing coal offloading and barge mooring facility as well as the efficient operation of the proposed secondary coal offloading facility.  Material dredged from the river would be placed in barges and transported to an approved upland disposal site in a manner to prevent its reentry into the river.   The applicant has designed the secondary coal offloading facility to avoid the discharge of dredged and/or fill material into waters of the United States.

 

COMPENSATORY MITIGATION PLAN:  The applicant has indicated that there would be no loss of waters of the United States associated with the proposed project.  The applicant has not proposed a compensatory mitigation plan.

 

WATER QUALITY CERTIFICATION:  A Section 401 Water Quality Certification may be required for this project.  It is the applicant’s responsibility to obtain certification from the Kentucky Department for Environmental Protection, Kentucky Division of Water.

 

HISTORIC AND CULTURAL RESOURCES:  The National Register of Historic Places (NRHP) has been consulted and it has been determined there are no properties currently listed on the NRHP which would be indirectly or directly affected by the proposed project.  The Corps has determined the proposed project has no potential to affect historic properties.  A copy of this Public Notice will be furnished to the Kentucky State Historic Preservation Office for their review.  Comments concerning archaeological sensitivity of the project area should be based upon collection data.

 

THREATENED AND ENDANGERED SPECIES:  The proposed project is located within the known or historic range of the following federally-protected threatened and endangered species: gray bat, (Myotis grisescens); Indiana bat, (Myotis sodalis); northern long-eared bat, (Myotis septentrionalis); ring pink mussel, (Obovaria retusa); orangefoot pimpleback, (Plethobasis cooperianus); clubshell mussel, (Pleurobema clava); rough pigtoe, (Pleurobema plenum);  fanshell mussel, (Cyprogenia stegaria); pink mucket pearly mussel (Lampsilis abrupta), and the sheepnose mussel (Plethobasus cyphyus).  The United States Fish and Wildlife Service (USFWS) has provided the Corps this list of threatened and endangered species concerning the proposed project area.  The applicant has indicated that no vegetation would be cleared for the proposed project, therefore, the project would have no effect on the gray bat, (Myotis grisescens); the Indiana bat, (Myotis sodalis); and the northern long-eared bat, (Myotis septentrionalis).   The existing coal unloading facility has been in operation since 1977 with periodic dredging occurring in an area approximately 40 feet in width and 750 feet in length parallel to the normal pool shoreline.  As previously discussed, the secondary coal unloading facility was previously authorized for a temporary offloading of coal under a Letter of Permission in 2011.  Based on this information, the project may affect, but is not likely to adversely affect federally listed mussel species.   No tree clearing is proposed associated with proposed activities; therefore, the proposed activities would have no effect on the federally protected bat species.  The proposed project is not likely to adversely affect the continued existence of any of the other above mentioned endangered mussel species, or result in the destruction or adverse modification of habitat of such species which has been determined to be critical.  This Public Notice serves as a request to the USFWS for any additional information they may have on whether any listed or proposed to be listed endangered or threatened species may be present in the area which would be affected by the activity, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

 

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS:  This application will be reviewed in accordance with 33 CFR 320‑332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders.  The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity, on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit that reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.  All factors that may be relevant to the proposal will be considered including the cumulative effects thereof; among those factors are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. 

 

SOLICITATION OF COMMENTS:  The Corps is soliciting comments from the public, Federal, state and local agencies and officials, Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity.  For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition.  Any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider the application.  Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.  Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Written statements on these factors received in this office on or before the expiration date of this Public Notice will become a part of the record and will be considered in the final determination.  A permit will be granted unless its issuance is found to be contrary to the public interest.

 

CLOSE OF COMMENT PERIOD:   All comments pertaining to this Public Notice must reach this office on or before the close of the comment period listed on page one of this Public Notice.  If no comments are received by that date, it will be considered that there are no objections.  Comments and requests for additional information should be submitted to:

 

United States Army Corps of Engineers

ATTN:  CELRH-RD-E

Public Notice No. LRH-2017-219-OHR

                                                           

502 Eighth Street

Huntington, West Virginia 25701-2070.

 

Please note names and addresses of those who submit comments in response to this Public Notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.  Thank you for your interest in our nation's water resources.   If you have any questions concerning this Public Notice, please contact Mr. Christopher L. Carson of the Energy Resource Branch at 304 399-5210, by mail at the above address, or by email at Christopher.l.carson@usace.army.mil.