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LRH 0-51282-OHR

Published Jan. 29, 2018
Expiration date: 2/26/2018

TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army Permit under the provisions of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.   This notice serves as the United States Army Corps of Engineers’ (Corps) request to the Kentucky Division of Water to act on Section 401 Water Quality Certification for the following application. 

 

APPLICANT:            David Altherton

                                    CRHC Mansbach Metal, LLC

                                    1900 Front Street

                                    Ashland, Kentucky 41101

 

LOCATION:  The proposed project would be located along the left descending bank of the Ohio River between river miles 322.39 and 322.47 downstream of Pittsburgh, Pennsylvania, near Ashland, in Boyd County, Kentucky and near Ironton, Lawrence County, Ohio (see Sheets 1 and 2 of 3).

 

PROJECT HISTORY:  This office issued a Department of the Army permit for the construction of the facility in May of 1986 and the initial dredging of the loading and unloading facility in July 2008.  The site was last dredged in December 2017.

 

DESCRIPTION OF PROPOSED WORK:  Mansbach Metal Company proposes to dredge along the left descending bank of the Ohio River for approximately 500 feet in length parallel to the shoreline.  The proposed dredging activity would not exceed 80 feet riverward of the shoreline at the normal pool elevation of 515.0 feet.  A combined total of approximately 30,000 cubic yards of material would be removed from the location, to a depth six (6) feet below the normal pool elevation, using a barge-mounted crane with a clamshell bucket (see Sheet 3 of 3).  The purpose of the proposed activity is to maintain a minimum draft for the operation of tow boats and the mooring of barges for the loading and unloading of material.  Dredged material would be permanently discharged in-stream in an area approximately 1.1 acres adjacent and parallel to the proposed dredge area no more than 95 linear feet in width and 500 linear feet parallel to the normal pool shoreline of the left descending bank (see Sheet 3 of 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. The proposed work would be authorized for a period of ten (10) years.  

 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the United States, consideration must be given to avoiding impacts on these sites.  If waters of the United States cannot be avoided, then the impacts must be minimized.  The proposed dredging is limited to areas where accumulated material impedes access.  The loading and unloading area has been actively dredged since 2008 to ensure minimum draft depth for barges and tow boats.  The dredged disposal site has been historically used by the applicant since 1986.

 

COMPENSATORY MITIGATION PLAN:  The applicant has indicated compensatory mitigation should not be required due to the nature of the proposed activities. 

 

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 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 that would be indirectly or directly affected by the proposed work.  The work would take place within the Ohio River.  Industrial and residential developments are located along both the left and right descending banks. A review of the Kentucky Heritage Council and Ohio State Historic Preservation Office files indicates no archaeological sites are documented within the limits of the project areas.  No Historic Inventory properties are located within or adjacent or within the viewshed of the project area.  The Corps has determined the proposed project would have no effect on any historic properties eligible or potentially eligible for inclusion on the NRHP.  A copy of this Public Notice will be furnished to both the Kentucky Heritage Council and the Ohio State Historic Preservation Office for their review.  Comments concerning archaeological sensitivity of the project area should be based on collected data.

 

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

 

Indiana bat (E), Myotis sodalis

Northern long-eared bat (T), Myotis septentrionalis

Gray Bat (E), Myotis grisescens

Clubshell mussel (E), Pleurobema clava

Fanshell mussel (E), Cyprogenia stegaria

Northern riffleshell mussel (E), Epioblasma torulosa rangiana

Orangefoot pimpleback (E), Plethobasus cooperianus

Purple Cat’s Paw mussel (E), Epioblasma obliquata obliquata

Rabbitsfoot mussel (T), Quadrula cylindrical cylindrical

Ring pink mussel (E), Obovaria refusa

Rough pigtoe mussel (E), Pleurobema plenum

Sheepnose mussel (E), Plethobasus cyphyus

Spectaclecase mussel (E), Cumberlandia monodonta

 

The Corps has consulted the most recently available information provided by the applicant and has determined the proposed project does not provide suitable habitat for the Indiana bat, northern long-eared bat, and the gray bat. Due to previous maintenance dredging activity and barge traffic associated with operation of the Mansbach Metal Company, the proposed project site does not contain suitable habitat for the above listed mussel species.  The proposed project would have no effect on any of the 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 of habitat 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) 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 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 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 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 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-N

Public Notice No. LRH-0-51282-OHR-Ohio River MP 322.15-322.45

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 Cecil Cox of the North Branch, at 304-399-5274, by mail at the above address, or by email at cecil.m.cox@usace.army.mil.