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LRH-2007-886-BSR

Published Aug. 1, 2012
Expiration date: 8/31/2012

PUBLIC NOTICE: The purpose of this public notice is to inform you of a proposal for work in which you might be interested. It is also to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest. We hope you will participate in this process.

REGULATORY PROGRAM: Since its early history, the U.S. Army Corps of Engineers (Corps) has played an important role in the development of the nation's water resources. Originally, this involved construction of harbor fortifications and coastal defenses. Later duties included the improvement of waterways to provide avenues of commerce. An important part of our mission today is the protection of the nation's waterways through the administration of the Corps Regulatory Program.

SECTION 10: The Corps is directed by Congress under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the watercourse, condition or capacity of navigable waters of the United States (U.S.). The intent of this law is to protect the navigable capacity of waters important to interstate commerce.

SECTION 404: The Corps is directed by Congress under Section 404 of the Clean Water Act (33 USC 1344) to regulate the discharge of dredged and fill material into all waters of the U.S., including wetlands. The intent of the law is to protect the nation's waters from the indiscriminate discharge of material capable of causing pollution and to restore and maintain their chemical, physical and biological integrity.

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: Riverway South, Inc. 16232 U.S. Route 23 Catlettsburg, Kentucky 41129 

LOCATION: The proposed project would be located along the left descending bank of the Big Sandy River, from river mile 7.18 to 7.34, approximately 1.1 mile northeast of the community of Lockwood, in Boyd County, Kentucky (latitude 38.32312°, longitude -82.57557°) as depicted on the attached Location Map (Drawing 1 of 3).

PROJECT HISTORY: On March 22,2011, the applicant was granted authorization to perform one dredging operation at this location under a Letter of Permission. The applicant is requesting authorization to perform similar routine maintenance dredging on an as-needed basis for a period of ten years under a Standard Permit.

DESCRIPTION OF THE PROPOSED WORK: Riverway South proposes to dredge an area 850 feet in length parallel to the shoreline not to exceed 75 feet riverward of the shoreline at the normal pool elevation of 515.0 feet. Approximately 7,100 cubic yards of material would be removed to a depth 13 feet below the normal pool elevation using a barge-mounted crane with a clamshell bucket. Removed material would be temporarily disposed on-site in two upland locations equipped with pollution control measures to isolate the material and prohibit its reentry into the stream. Dredged material would be permanently disposed in an off-site upland area where it will not re-enter waters of the U.S. The disposal area is located approximately 0.7 mile south of the project area. Dredge and disposal areas are depicted on Drawing 2 and a typical section view of proposed dredging is provided in Drawing 3.

 The applicant would be required to notify this office prior to the commencement of any dredging activities to allow a "Notice to Navigation" to be provided to the appropriate navigation interests.

WATER QUALITY CERTIFICATION: The proposal would not result in the discharge of dredged or fill material below the plane of the ordinary high water elevation; therefore, a Section 401 Water Quality Certification is not required for this project.

AVOIDANCE AND MINIMIZATION: Based on our review of information provided, the applicant has avoided and minimized impacts to waters of the U.S. to the maximum extent practicable. The proposed dredging is limited to areas where accumulated material impedes access. Dredged material would be disposed or stored in upland areas where it will not re-enter waters of the U.S.

MITIGATION: The proposed dredge area is limited in scope and is not expected to adversely affect waters of the U.S. In addition, dredged material would not be permitted to re-enter waters of the U.S. The applicant has not proposed compensatory mitigation.

HISTORIC AND CULTURAL RESOURCES: The Huntington District has consulted the most recently available information from the National Register of Historic Places and determined there are no properties currently listed on the Register that are in the area affected by the project. Therefore, the proposed project would not be expected to affect any historic properties.

This public notice serves as a request to the State Historic Preservation Office (SHPO) for any additional information they may have on whether any historic properties may be present in the area which would be affected by the activity, pursuant to Section 106 of the National Historic Preservation Act of 1966 (as amended).

THREATENED AND ENDANGERED SPECIES: This public notice serves as a request to the United States Fish and Wildlife Service (USFWS) Kentucky and West Virginia Field Offices for any infonnation on whether any listed or proposed to be listed threatened or endangered 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).

As indicated previously, the proposed project would be located in Boyd County, Kentucky, which is adjacent to Wayne County, West Virginia. The Huntington District has consulted the most recent infonnation provided by the USFWS, West Virginia Field Office, for Federally listed threatened or endangered species in adjacent Wayne County, WV. The information available indicates the project would not be located within the known or historic range of any Federally-listed threatened or endangered aquatic species.

PUBLIC INTEREST REVIEW AND COMMENT: Any person who has an interest that may be adversely affected by the issuance of a pennit may request a public hearing. The request must be submitted in writing to the District Engineer on or before the expiration date of this notice and must clearly set forth the interest which may be adversely affected and the manner in which the interest may be adversely affected by the activity. 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. Interested parties are invited to state any objections they may have to the proposed work. The decision whether to issue a pennit 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; 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. 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 detennination. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 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 ofthe proposed activity.

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 ofthis 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

Attention: RD-S Public Notice 2007-886

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 ofthe Freedom of Information Act. Thank you for your interest in our nation's water resources. If you have any questions concerning the above, please contact Mr. Richard A. Hemann of the South/Transportation Branch at 304-399-5710.

(K, W)