The below listed documents may not be readable via Optical Character Recognition. To receive public notices via email, please send an email to LRH.Permits@usace.army.mil indicating that you would like to be placed on the public notice electronic distribution list. Your email should also include the state(s) in which you would like to receive public notices.

LRH 2013-848-OHR

Published March 13, 2020
Expiration date: 4/12/2020

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 of 1899. 


APPLICANT:            Mr. Bryan Wary

       Fountain Quail Energy Services, LLC

                                  130 E. John Carpenter Freeway, Suite 440

                                    Irving, Texas 75062


LOCATION:  As depicted on the attached Sheet 1 of 4, the proposed project would be located along the right descending bank of the Ohio River approximately 223.7 miles downstream of Pittsburgh, Pennsylvania at 53549 Great Bend Road in Portland, Meigs County, Ohio (Latitude 38.92788, Longitude -81.78743).

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to construct and operate a barge offloading facility to transfer legacy fluid, also referred to as “traditional” well waste, to existing upland storage tanks.  The proposed facility would consist of a barge dock with a center platform and two (2) pipe pile dolphins to accommodate two (2) tank barges (either 195-feet by 35-feet or 300-feet by 54-feet) simultaneously (See Sheet 2 of 4).  Construction of the barge dock would involve the installation of five (5) 24-inch pilings driven to an elevation of 522 feet above mean sea level (msl) extending to an elevation of 595 feet above msl, and a platform measuring 20-feet long by 10-feet wide.  Piping valves, pipe, and a tankermen shelter would be installed on the dock.  A crane capable of handling hoses connecting the dock pipe valves to the barge piping values would be installed on top of the tankermen shelter.  A 100 feet long walkway/pipeway would be constructed and extend from the dock to the top of the river bank (See Sheet 3 of 4).  Two (2) tripod mooring dolphins, each consisting of 24-inch wall pipe pile and two (2) supporting 14-inch batter piles, would be installed upstream and downstream of the barge dock for mooring of the tank barges (See Sheets 2 and 4 of 4).  The maximum riverward extension of the facility would be 165 feet from the shoreline at the normal pool elevation of 560.0 above msl.  The overall facility would extend approximately 600 linear feet along the shoreline. 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the United States, a consideration must be given to avoiding impacts on these sites.  If waters of the United States cannot be avoided, then the impact must be minimized.  Avoidance and minimization efforts were incorporated into the proposal.  The proposed project would not involve the discharge of dredged and/or fill material into waters of the United States and thus is not subject to regulation under Section 404 of the Clean Water Act.  Additionally, the applicant has indicated no initial dredging would be required to facilitate the construction of the proposed facility.  Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act and Ohio Water Pollution Control Act. 

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 (WQC) may be required for this project.  It is the applicant’s responsibility to contact the Ohio Environmental Protection Agency to determine if a Section 401 WQC is required for the proposal.    

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 Corps has determined no historic properties eligible for or listed on the NRHP would be affected by the proposed undertaking.  A copy of this public notice will be furnished to 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 endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), the endangered running buffalo clover (Trifolium stonloniferum), the endangered fanshell mussel (Cyprogenia stegaria), the endangered pink mucket pearly mussel (Lampsilis abrupta), the endangered sheepnose mussel (Plethobasus cyphyus), and the endangered snuffbox mussel (Epioblasma triquetra).  The proposed project area could provide potential habitat for the Indiana bat and the northern long-eared bat.  No trees or vegetation would be removed to facilitate the construction of the proposed project.  The Corps has consulted the most recently available information and information provided by the applicant and has determined the proposed project area does not provide suitable habitat for the running buffalo clover.  The Corps has determined the proposed project would have no effect on the Indiana bat, the northern long-eared bat, and the running buffalo clover.  The applicant retained the services of Ecological Specialists to conduct a mussel survey within the project site June 24-26, 2014.  The survey revealed there are no diverse mussel communities or significant mussel concentration within the project area.  Unionids were sparse as only two (2) live individuals of two (2) common species were observed, one (1) pink heelsplitter mussel (Potamilus alatus) and one (1) fat mucket mussel (Lampsilis siliquoidea), located within 30 meters from the bank where substrate was a relatively more stable, heterogeneous mix.  Additionally, a weathered shell for each of the threehorn wartyback mussel (Obliquaria reflexa) and the threeridge mussel (Amblema plicata) was observed.  No juveniles or freshly dead shells were collected.  The Corps has determined the proposed project may affect, but is not likely to adversely affect the fanshell mussel, the pink mucket pearly mussel, the sheepnose mussel, and the snuffbox mussel.  This Public Notice serves as a request for concurrence from the United States Fish and Wildlife Service for the aforementioned effect determinations and 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 the protection and the 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 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


Public Notice:  LRH-2013-848-OHR

502 Eighth Street

Huntington, WV 25701-2070


Please note names, addresses, and comments submitted in response to this Public Notice become part of our administrative record and, as such, may be 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 Ms. Kayla Adkins of the North Branch, at 304-399-5210, by mail at the above address, or by email at kayla.n.adkins@usace.army.mil.