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LRH 2019-430-OHR

Published Jan. 24, 2020
Expiration date: 2/7/2020

TO WHOM IT MAY CONCERN:  The following application has been submitted for Department of the Army (DA) authorization under the provisions of Section 404 of the Clean Water Act.  This notice serves as the United States Army Corps of Engineers’ (Corps) request to the West Virginia Department of Environmental Protection (WVDEP) to act on Section 401 Water Quality Certification for the following application.

 

APPLICANT:                                       

                                                Mr. Zack J. Brown

                                                West Virginia Division of Natural Resources (WVDNR)

                                                324 4th Avenue

                                                South Charleston, West Virginia 25303

                   

LOCATION:  The proposed project, referred to as the WVDNR Guyandotte Boat Ramp and Dock project, would be located along the left descending bank (LDB) of the Ohio River, at mile point 305.1, within an approximate 4-acre parcel, near Guyandotte, in Cabell County, West Virginia, at approximately latitude 38.431605°N, longitude -82.390569°W. Please reference attached Sheet 1 of 4.

DESCRIPTION OF PROPOSED WORK:  The applicant has requested DA authorization for the proposed discharge of dredged and/or fill material into the Ohio River to facilitate the construction of the WVDNR Guyandotte Boat Ramp and Dock project.  The proposed 4-acre project would include the construction of a new 40-foot wide, two-lane boat ramp, the installation of a floating recreational dock, and the stabilization of the riverbank of the Ohio River at the project location (see Sheets 2 through 4).  The proposed floating recreational dock would be approximately 60 feet long by 8 feet wide with a 24-foot long by 8-foot wide finger dock, supported by four 12-inch pilings. The gangway between the shoreline and the dock would be 30 feet long by 4 feet wide.  The total riverward extent of the dock would be 85 feet from the normal pool elevation.  As detailed in the attached Table 1, implementation of the proposal would result in the net discharge of 1,455 cubic yards (cy) of permanent fill material below the ordinary high water mark of 260 linear feet (lf) of the Ohio River.  Plans of the proposal are attached to this notice.

ALTERNATIVES ANALYSIS:  As a result of implementation of the proposal, dredged and/or fill material would be discharged into 260 lf of the Ohio River.  No wetlands or other special aquatic sites would be affected by the discharge of dredged and/or fill material.  The applicant has submitted an alternatives analysis for review.  The applicant’s alternatives analysis includes an assessment of a “no-action” alternative and a preferred alternative with two on-site design configurations.  Under the no action alternative, no discharge of dredged and/or fill material into waters of the United States would occur.  The applicant has indicated this alternative would not meet the overall project purpose.  Based on the alternatives analysis, the applicant has indicated the other on-site alternatives would result in greater costs and environmental impacts, and are not feasible alternatives considering logistics and topography.  A complete copy of the applicant’s alternative analysis can be reviewed, by appointment, at the above address.  No permit will be issued unless the alternatives analysis clearly demonstrates that the proposed project is the least environmentally damaging practicable alternatives. 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the United States, consideration must be given to avoiding discharges of dredged and/or fill material into these waters.  If waters of the United States cannot be avoided, then impacts must be minimized.  The applicant has indicated avoidance and minimization efforts were incorporated into the project development plan.  The applicant states best management practices would be implemented to minimize downstream sedimentation and turbidity.  The applicant would also comply with all terms and conditions of their Section 401 Water Quality Certification and their National Pollutant Discharge Elimination System permit. 

COMPENSATORY MITIGATION PLAN:  The applicant states the effects of the proposed project are minimal in the absence of any mitigation. No mitigation has been proposed.  After review of all the submitted information, the Corps will make a determination of appropriate mitigation, in the event a decision is made to issue a permit. 

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification is required for this project.  It is the applicant’s responsibility to obtain certification from the WVDEP.

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 that would be indirectly or directly affected by the proposed work.  There are no resources eligible for inclusion on the NRHP within the overall project area.  The applicant has consulted with the West Virginia Department of Arts, Culture, and History, the State Historic Preservation Office (SHPO).  In a letter dated December 18, 2017 (FR # 18-154-CB), the SHPO indicated there were no eligible architectural resources directly in the permit area.  Additionally, the SHPO indicated that an indirect effects to eligible architectural resources would be prevented by intervening vegetation.  In a letter April 4, 2018 (FR # 18-154-CB-1), the SHPO indicated no eligible archaeological resources were present at the subject site.  The Corps has initially determined the proposal would have no effects on historic properties.  A copy of this Public Notice will be sent to the SHPO for their review.  Comments concerning archaeological sensitivity of the project area should be based upon collected data.

ENDANGERED AND THREATENED SPECIES: The proposed project is located within the known or historic range of the following endangered (E) or threatened (T) species:

  • Indiana bat (E), Myotis sodalis
  • Northern long-eared bat (T), Myotis septentrionalis
  • Gray bat (E), Myotis grisescens
  • Fanshell mussel (E), Cyprogenia stegaria
  • Pink mucket pearly mussel (E), Lampsilis abrupta
  • Snuffbox mussel (E), Epioblasma triquetra
  • Sheepnose mussel (E), Plethobasus cyphyus

     

The Corps has consulted the most recently available information, including the United States Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation Database (IPaC), as well as information provided by the applicant, in order to make the following determinations. A mussel survey was conducted within the Ohio River at the proposed project location in May 2019/September 2019 (TA # 2018-i-1093).  No federally listed threatened or endangered mussel species were identified during the survey.  Based on the information provided, the Corps has determined the proposed project may affect, but is not likely to adversely affect, the fanshell mussel, pink mucket pearly mussel, snuffbox mussel, and sheepnose mussel.  The proposal would include the clearing of approximately 39 trees. Provided these trees are cleared during bat hibernation periods, the Corps has determined the proposed project may affect, but is not likely to adversely affect, the Indian bat and gray bat.  Additionally, the northern long-eared bat would be covered under the 4(d) Rule. 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.  Our evaluation will also follow guidelines published by the U.S. Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR part 230).  The decision whether to issue a permit will be based on an evaluation of the probable impacts, 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 benefits 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; of those 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 at the beginning 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-S

Public Notice No. LRH-2019-430-OHR

502 8th Street

Huntington, West Virginia 25701

 

Please note that names and addresses of those who submit comments in response to this Public Notice become part of our administrative record, and, as such, may be available to the public under the 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, or if you would like to schedule an appointment to view a copy of the application, please contact Lauren Pritt of the South/Transportation Branch by telephone at (304) 399-5710 or by email at lauren.a.prit@usace.army.mil.