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LRH 2012-810

Published April 8, 2014
Expiration date: 4/22/2014

TO WHOM IT MAY CONCERN: The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties regarding the proposed construction of a pipeline, outfall structure and diffuser pipe in the Ohio River, and to identify potential consulting parties that wish to participate in addressing the proposed adverse effects.


APPLICANT:   Consol Energy

                         P.O. Box 98

                         Cumberland, Ohio 43732


LOCATION: The proposed project is located in Cheshire Township, Gallia County, Ohio and the Ohio River at River Mile 257.

DESCRIPTION OF PROPOSED WORK: The purpose of this Public Notice is to solicit comments regarding the proposed adverse affects to historic properties within the subject site to identify potential consulting parties that wish to participate in addressing the proposed adverse effects to historic properties.  The applicant has requested authorization for the proposed discharge of fill material into waters of the United States within this site in order to construct Consol Energy, Southern Ohio Coal Company’s Meigs Mine No. 31 pipeline, outfall structure and diffuser pipe.

The applicant has submitted a permit application for the construction of a 13 mile pipeline crossing Salem and Rutland Townships in Meigs County, as well as Cheshire Township in Gallia County, Ohio. Construction of the pipeline would result in the placement of fill within 28 streams and wetlands, and the construction of an outfall structure and diffuser pipe in the Ohio River.

General Condition #20 of the Nationwide Permits (NWP’s) states no activity which may affect historic properties eligible for listing in the National Register of Historic Places (NRHP) is authorized until the Corps has complied with the provisions of 33 CFR Part 325 Appendix C.  This condition also states the applicant must notify our office if the proposed activity may affect any historic property listed, determined to be eligible, or which the prospective permittee has reason to believe are eligible for listing on the NRHP.  The Corps is mandated by the National Historic Preservation Act (NHPA) to ensure that no federal undertaking, including a Corps permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the State Historic Preservation Office are provided an opportunity to comment as required by the NHPA, 36 C.F.R. 800, and 33 CFR 325, Appendix C.

One site eligible for listing on the NRHP is proposed to be adversely affected in association with the potential NWP 12 authorization for the discharge of fill material within Stream 29 and the Ohio River.  The site has been identified as 33GA387 and is a stratified, multi-component archaeological site with Early Archaic through Late Prehistoric to Historic components. Based on available information, the site has the potential to contribute to our understanding of the archaeological record of the area; therefore additional archaeological investigations are proposed. This office will be coordinating with the Ohio Historic Preservation Office (OHPO), the applicant, and any other consulting parties to develop a Memorandum of Agreement (MOA) that would provide stipulations concerning the requirements of data recovery at the site.


PUBLIC INTEREST: The Corps of Engineers 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 proposed adverse effect on historic properties.  Should you wish to express your views on the undertaking’s effects on historic properties, or provide comments regarding additional historic or cultural resources within the project area, please forward this information to our office prior to the close of the comment period for this Notice.


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.  Persons wishing to submit comments or objections concerning this proposal should write:


                        Ms. Rebecca Black

                        U.S. Army Corps of Engineers

                        ATTN: CELRH-RD-E Public Notice No. 2012-810-OHR

                        502 8th Street

                        Huntington, West Virginia 25701-2070


Please note, the 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.

If you have any questions concerning this public notice, please call Ms. Rebecca Black of my staff at 740-454-2225 ext. 7 or contact by email at Rebecca.L.Black@usace.army.mil.