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LRH-2012-561-OHR

Published Dec. 11, 2012
Expiration date: 1/10/2013

TO WHOM IT MAY CONCERN: The purpose ofthis 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.

PUBLIC NOTICE: The following application has been submitted for a Department of the Army Permit under the provisions of Section 10 ofthe Rivers & Harbors Act of 1899 (33 USC 403). The intent of this law is to protect the navigable capacity of waters important to interstate commerce. Under this law, the Corps is directed by Congress to regulate all work or structures in or affecting the course, condition or capacity of navigable waters ofthe United States (U.S.). APPLICANT: East Kentucky Power Cooperative (EKPC) 4 77 5 Lexington Road Winchester, Kentucky 40392-0707 The applicant's permit application includes a revised Facility Operating Plan outlining the procedures they would follow for safe and efficient mooring and fleeting within the proposed expanded area. The applicant's complete application is available for public viewing at the below address, by appointment.

APPLICANT:

East Kentucky Power Cooperative (EKPC)

4 77 5 Lexington Road

Winchester, Kentucky 40392-0707

LOCATION: The project site is an existing barge mooring and fleeting facility located along the left descending bank of the Ohio River, at river mile 414.0 (414.0 miles downstream of Pittsburgh, Pennsylvania), at the H.L. Spurlock power generating station. The site location is approximately 5 miles downstream of Maysville Kentucky, at approximate Latitude 38.70681, Longitude -83.81959 (NAD83), in Mason County, Kentucky. The project site is within the Meldahl Lock & Dam pool. See the attached Location Map.

DESCRIPTION OF THE PROPOSED WORK: The applicant is requesting authorization to modify their barge fleeting and mooring area at their existing barge unloading facility on the Ohio River adjacent to the Spurlock power generating plant. The applicant's existing Corps permit, issued in 1976, currently authorizes barge mooring and fleeting within an area extending a maximum of235 feet riverward from the shoreline. Due to operational changes that have occurred since then, the applicant is requesting a permit modification to extend the mooring/fleeting area to a maximum of 450 feet riverward from the shoreline, as illustrated in the applicant's attached Maps 1 through 3. Map 1 shows the upstream end ofthe proposed mooring/fleeting area would be approximately 600 feet from the "sailing line". The applicant's maps also indicate that the proposed maximum downriver extent of moored barges would accommodate two barge lengths downstream of the lowest existing mooring cell. No other activity is proposed as part of or associated with this proposed permit modification.  

WATER QUALITY CERTIFICATION: The project would not involve a discharge of dredgedThe project would not involve a discharge of dredged and/or fill material into waters ofthe United States. Therefore, a Section 401 Water Quality Certification is not required for the proposed project.

HISTORIC AND CULTURAL RESOURCES: The proposed activity would not involveThe proposed activity would not involve activities in upland areas or shorelines. No land-based facilities, earthmoving or fills into waters of the U.S. are proposed. Therefore, pursuant to the National Historic Preservation Act, the Corps has determined the proposal would have no adverse effect on properties eligible for or listed in the National Register of Historic Places. This public notice serves as coordination with the State Historic Properties Officer, pursuant to Section 106 of the National Historic Preservation Act, concerning the project's potential impacts on historic properties listed or eligible for listing on the National Register of Historic Places.

ENDANGERED/THREATENED SPECIES REVIEW: This public notice will serve asThis public notice will serve as coordination with the U.S. Fish and Wildlife Service for information concerning whether any listed or proposed to be listed endangered or threatened species may be present in the area that would be affected by the activity, pursuant to Section 7 ofthe Endangered Species Act of 1972 (as amended).

PUBLIC INTEREST REVIEW AND COMMENT: This application will be reviewed inThis application will be reviewed in accordance with 33 CFR 320-332, 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 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 productim, 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;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. Interested parties are invited to state any objections they may have to the proposed work. 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 who has an interest that may be adversely affected by the issuance of a permit 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. 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 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 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 reachAll 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:

U. S. Army Corps of Engineers

ATTN: CELRH-RD-E; Public Notice No. LRH-2012-561-0HR

502 Eighth Street,

Huntington, West Virginia 25701-2070.

Please note that 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 call Richard Berkes of the Energy Resource Branch, at 304-399-5610.