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LRH-2012-812-OHR

Published Dec. 6, 2012
Expiration date: 1/5/2013

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

APPLICANT:

Ravenswood River Terminal

5330 Point Pleasant Road

Ravenswood, West Virginia 26164

LOCATION: The proposed project would be located along the left descending bank of the Ohio River, near Ravenswood, in Jackson County, West Virginia, 224.25 miles downstream from Pittsburgh, Pennsylvania (latitude 38.92992°, longitude -81.79736°) as depicted on the attached Location Map (Drawing 1 ).

DESCRIPTION OF PROPOSED WORK: The applicant proposes to construct a barge loading/unloading facility for the transport of non-hazardous materials to serve existing and future area businesses. Materials would be loaded and unloaded using a crane mounted on a 185 foot long by 35 foot wide deck barge secured to the stream bed with no more than three 22-inch square spud bars. The applicant currently proposes to transport formed materials such as coke, anode blocks, aluminum bars and palletized materials. The riverward extent with the crane barge and a material barge would not exceed 115 feet riverward of the shoreline at the normal pool elevation of 560.0 feet. The length would not exceed 300 feet parallel to the stream bank.

The applicant proposes to construct a 12 foot wide by 40 foot long ramp from steel plate and Hbeams to allow vehicle access to the crane barge. A plan view is provided in Drawing 2 and section view in Drawing 3. Crane barge details are provided in Drawing 4. The applicant also proposes to construct a mooring area no more than 500 feet upstream from the proposed loading/unloading facility. The applicant proposes to install three steel tri-tie mooring structures, each constructed from three 1 0-inch diameter steel pipes driven into the stream bed to refusal. The tri-ties would be spaced approximately 180 feet apart and 55 feet from the normal pool shoreline. A concrete deadman would be installed landward of the shore line at the upstream end of the mooring area above the ordinary high-water elevation of 564.0 feet. The applicant proposes to moor no more than 15 barges at a time, 3 barges wide by 5 barges long. With 15 barges moored the riverward extent would not exceed 160 feet from the shore line at normal pool elevation and the length parallel to the stream bank would not exceed 1,000 feet. A plan view is provided in Drawing 2 and cross section view in Drawing 3. Tri-tie details are provided in Drawing 5.

AVOIDANCE AND MINIMIZATION: The applicant has avoided impacts to waters ofthe U.S. to the maximum extent while achieving the project purpose. There would be no excavation associated with the proposal. There would be no impacts to the stream bank and stream bed impacts would be limited to three spud bars used to secure the crane barge and three tri-ties, each constructed from three 1 0 inch diameter steel pipes. The applicant has also indicated the access ramp would be constructed of steel plate in order to prevent any material from entering the stream.

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

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. The U.S. Army Corps of Engineers (Corps) has determined the proposed project has no potential to affect historic properties. A copy of this Public Notice will be sent to the 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 soda/is

Fanshell mussel (E), Cyprogenia stegaria

Pink mucket pearly mussel (E), Lampsilis abrupta

Sheepnose mussel (E), Plethobasus cyphyus

Snuffbox mussel (E), Epioblasma triquetra

The Corps has consulted the most recently available information and has determined the proposed project does not provide suitable habitat for the Indiana bat. Based on extent of stream bed impacts, 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) 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 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 ofthe 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

Attention: CELRH-RD-S

Public Notice No. LRH-0-44298 BSR

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 Mr. Richard Hemann of the South/Transportation Branch, at 304-399-5710, by mail at the above address, or by email at richard.a.hemann@usace.army.mil.