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LRH-58213-SCR

Published Oct. 30, 2012
Expiration date: 11/28/2012

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

APPLICANT:

Lucasville Sand and Gravel Company

10198 State Route 104

Lucasville, Ohio 45648

LOCATION: The proposed project would be located at the head of an unnamed island ofthe Scioto River, 14.0 miles upstream of its mouth, near Lucasville, in Scioto County, Ohio.

PROJECT HISTORY: Through Department of the Army Standard Permit No. 058218, issued by the Corps on June 30, 1995, the applicant was authorized to excavate a maximum of 540 tons of sand and gravel per day for commercial use at the location specified above.

DESCRIPTION OF PROPOSED WORK: The applicant proposes to excavate 600 to 800 tons of sand and gravel per day from the site specified above using a self-loading scraper. Access to the work site would be from the existing low-water crossing located along the backwater channel ofthe unnamed island. The applicant has indicated all work would be performed during low water levels and dredging would be performed no more than 120 days per year. Between 72,000 and 96,000 tons of sand and gravel would be excavated on a yearly basis for commercial sale. The material would be excavated from the north end ofthe unnamed island in an approximate 1,800 feet long by 1,400 feet wide area as shown on the attached plan view drawing (Sheet 2 of2). The applicant proposes to establish and maintain a 20-to 25-foot buffer between the excavation area and the low water line as shown on the attached plan view drawing (Sheet 2 of 2). The applicant has proposed to establish and maintain vegetative cover within the buffer area. The proposed work would be authorized for a period of five (5) years.

AVOIDANCE AND MINIMIZATION: Avoidance and minimization efforts were incorporated into the proposal. The applicant has indicated no excavation would occur within the river. The proposed excavation area would be limited to an area that has been historically dredged for sand and gravel. Excavation operations would be conducted during low water levels. Best management practices would be used to minimize erosion and turbidity.

COMPENSATORY MITIGATION PLAN: The applicant has indicated compensatory mitigation should not be required due to the nature ofthe proposed activities. The applicant has indicated sand and gravel has been removed from the unnamed island for many years and there would be no loss ofwaters ofthe United States. The excavation operation would be conducted in the dry during low water levels. No excavation operations would be conducted within the pool of the Scioto River.

HISTORIC AND CULTURAL RESOURCES:  The National Register ofHistoric 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 work. In a letter dated May 19, 1995 on the original project authorized by the Corps in 1995, the Ohio Historic Preservation Office stated no historic properties are known to exist in the project area and based upon the location ofthe project it is unlikely undisturbed archaeological remains exist in the project area. Further, the island was formed as a result ofprevious excavation operations that have occurred at the site since the 1900's. The Corps has determined the proposed project has no potential to affect historic properties. A copy ofthis public notice will be sent to the State Historic Preservation Office for their review. Comments concerning archaeological sensitivity ofthe project area should be based on collected data.

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

Indiana bat (E), Myotis sodalis running buffalo clover (E), Trifolium stoloniferum clubshell mussel (E), Pleurobema clava fanshell mussel (E), Cyprogenia stegaria northern riffleshell mussel (E), Epioblasma torulosa rangiana pink mucket pearly mussel (E), Lampsilis abrupta rayed bean mussel (E), Villas a Jabal is sheepnose mussel (E), Plethobasus cyphyus snuffbox mussle (E), Epioblasma triquetra small whorled pogonia (T), Isotria medeoloides Virginia spiraea (T), Spiraea virginiana

The Corps has consulted the most recently available information and information provided by the applicant and has determined the proposed project does not provide suitable habitat for the Indiana bat, running buffalo clover, clubshell mussel, fanshell mussel, northern riffleshell mussel, pink mucket mussel, rayed bean mussel, sheepnose mussel, snuffbox mussel, small whorled pogonia and Virginia spiraea and would have no effect on any ofthe aforementioned endangered or threatened species. Based on this information, the proposed project is not likely to adversely affect the continued existence of any endangered species or threatened species, or result in the destruction or adverse modification ofhabitat of such species which has been determined to be critical. This public notice serves as a request to the United States Fish and Wildlife Service 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) ofthe 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 ofthe Corps, and other pertinent laws, regulations, and executive orders. The decision whether to issue a permit will be based on an evaluation ofthe probable impacts, including cumulative impacts ofthe proposed activity, on the public interest. That decision will reflect the national concern for both protection and utilization ofimportant resources. The benefit which 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 o fthe 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 ofthis proposed activity. For accuracy and completeness of the administrative record, all data in support ofor in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding ofthe 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 ofan 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. Written statements received in this office on or before the expiration date ofthis Public Notice will become a part ofthe 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 ofthe 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

 ATTN: CELRH-RD-N

 Public Notice No. LRH-58213-SCR-Scioto River

 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 oflnformation Act. Thank you for your interest in our nation's water resources. If you have any questions concerning this Public Notice, please contact Ms. Teresa Spagna ofthe North Branch, at 304-399-5210, by mail at the above address, or by email at teresa.d.spagna@usace.army .mil.