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LRH 1997-956-OHR

Published June 18, 2014
Expiration date: 7/17/2014

TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army (DA) Permit under the provisions of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.  This notice serves as the United States Army Corps of Engineers’ (Corps) request to the Ohio Environmental Protection Agency (OEPA) to act on the Section 401 Water Quality Certification for the following application.


APPLICANT:            Michael Manns

                                    Superior Marine Ways, Inc.

                                    5852 County Road 1

                                    South Point, Ohio 45680


LOCATION:  As depicted on the attached Sheet 1 of 5, the proposed project would be located within the limits of a previously permitted facility along the right descending bank of the Ohio River approximately 314.7 miles downstream of Pittsburgh, Pennsylvania at 5852 County Road 1, in South Point, Lawrence County, Ohio. 

PROJECT HISTORY:  On November 25, 1997, Superior Marine Ways, Inc. was issued an individual Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act to modify their existing barge repair facility along the right descending bank of the Ohio River, between mile points 314.7 and 315.2 in South Point, Lawrence County, Ohio.  Modification of the facility involved the construction of marine ways, two additional dry docks, and three additional fleeting areas that would hold 15 barges.  The authorized mooring area at this location is 210 feet wide by 1,595 feet long.  The existing authorized facility consists of three embedded barges, four fleet/mooring barges, three dry docks, and three walkways (See Sheet 2 of 5).  Each fleet holds five barges and extends 250 feet from the normal pool shoreline.  The dry docks and fleet barges are secured to the six mooring barges.  These mooring barges are secured to a previously embedded barge at the upstream portion of the facility and two previously authorized concrete deadmen at the lower end of the facility.  The maximum riverward extension allowed at this facility, including the marine ways (which were never constructed), is 250 feet from the normal pool shoreline.  The maximum capacity of the facility is currently 25 barges.  Superior Marine Ways, Inc. was also authorized to perform periodic maintenance dredging at the facility for a period of 10 years.  The maintenance dredging permit expired on December 31, 2007. 


DESCRIPTION OF PROPOSED WORK:  The applicant proposes to discharge dredged and/or fill material into waters of the United States, as described on the attached Table 1, in conjunction with the construction of five marine ways.  Prior to the construction of the proposed marine ways, approximately 400 cubic yards of river bottom material would be removed with a clam shell bucket and placed in a contained upland disposal area.  In addition, the applicant proposes to relocate the lower fleets as shown on Sheet 3 of 5 in order to open up the lower end for the construction of the marine ways.  The applicant proposes to install three quad-ties (one at the head of the fleet, one 400 feet downstream of the head of the fleet, and another one 400 feet downstream of the second one quad-tie).  The proposed mooring arrangement would be seven barges wide by four barges long.  No more than 28 barges are expected to be delivered at a time and these barges would be maneuvered adjacent to the facility in preparation for hoisting.  The maximum riverward extension from the outer faces of the quad-ties would be 245 feet. 

To construct the marine ways, five sets of rails, measuring 310 feet by 15 feet, would be placed at approximate 50 foot intervals along the bank and set on a 12.5% grade.  The marine ways would extend approximately 250 feet along the normal pool shoreline and would extend riverward approximately 108 feet from the normal pool shoreline.  Rip rap/stone would be discharged between the concrete runners to stabilize the river bank and to deter erosion.  The marine ways would be used to remove vessels from the waterway for on-shore repairs and cleaning.  A boat ramp (See Sheet 4 of 5) would be constructed in conjunction with the marine ways 4 and 5 for use by the United States Coast Guard, Ohio Department of Natural Resources, local and state police, and emergency squads.  Construction of marine way 1 would result in the discharge of dredged and/or fill material into 0.06 acre of wetland (See Sheet 4 of 5).  The barges would be moved along concrete slides and a hoisting winch system would provide the mechanism for retrieving barges from the river.  Repaired barges would be returned to the river via the concrete/rail system to a waiting tug boat.  Barges that are aging or damaged beyond repair would be removed from the river in the same manner as repairable barges.  These barges would then be disassembled and/or cut into smaller, manageable pieces of steel.  The disassembled pieces would then be loaded into a truck or river barge and taken to a scrap metal facility for processing. 

To facilitate the construction of the marine ways, a cofferdam would be temporarily constructed for each set of rails.  These cofferdams would be comprised of P2-27 steel piling and would each be constructed consecutively and would each temporarily comprise an area of approximately 0.1257 acre. 

The applicant has also requested authorization to perform harbor maintenance dredging on an as-needed basis.  Material resulting from any dredging activities would be placed in a contained upland disposal site.  The purpose of the modification is to expand the applicant’s repair facilities.  The overall facility, including the existing (three embedded barges, four fleet/mooring barges, three dry docks, three walkways, and two deadmen) and proposed structures (five marine ways, relocated lower fleet, and three quad-ties), would comprise approximately 2,379 linear feet of the shoreline at the project location.  The plans for the proposed project are attached to this notice.


ALTERNATIVES ANALYSIS:  A total of approximately 0.06 acre of jurisdictional wetland and 570 linear feet of the Ohio River would be filled as a result of the proposal.  The project does not require access or proximity to, or siting within, the wetlands to fulfill its basic purpose and is considered a non-water dependent activity.  The Section 404(b)(1) Guidelines state for non-water dependent activities, practicable alternatives that do not involve wetlands are presumed to be available, unless clearly demonstrated otherwise.  The applicant is required to provide an alternatives analysis that must overcome this presumption prior to receiving authorization for the discharge of fill material.  No permit will be issued until our office determines practicable upland alternatives are not available to achieve the overall project purpose based upon the applicant’s alternative analysis. 

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.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project.  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.  Construction activities would be performed during low flow stream conditions.  All disturbed areas would be seeded and/or revegetated with native plant species and native seed mixes after completion of construction activities. 


COMPENSATORY MITIGATION PLAN:  Due to the nature of the proposed project, the applicant has not proposed compensatory mitigation. 

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification may be required for this project.  It is the applicant’s responsibility to obtain certification from the OEPA. 

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 the proposed project would have no effect on historic properties eligible or potentially eligible for inclusion on the NRHP.  A copy of this public notice will be furnished to 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), proposed endangered northern long-eared bat (Myotis septentrionalis), endangered running buffalo clover (Trifolium stoloniferum), endangered fanshell mussel (Cyprogenia stegaria), endangered pink mucket pearly mussel (Lampsilis abrupta), endangered rayed bean mussel (Villosa fabalis), endangered sheepnose mussel (Plethobasus cpyhyus), and endangered snuffbox mussel (Epioblasma).  The proposed project would not directly impact any of the habitat types for the aforementioned mussels.  The substrate at the project site consists of mud or muck.  No trees would be removed to facilitate the construction of the proposed project.  As indicated above, the applicant would use best management practices and implement a storm water pollution prevention plan for the site.  We have determined the proposed project would have no effect on the aforementioned mussels or bats.  This Public Notice serves as a request for concurrence from the USFWS with 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.  Our evaluation will also follow the guidelines published by the United States Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR part 230).  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, the Federal, state, and local agencies and officials, the 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-1997-956-OHR

                                                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 Teresa Spagna of the North Branch at (304) 399-5210, by mail at the above address, or by email at: teresa.d.spagna@usace.army.mil.                                                



Table 1.  Proposed Discharge of Fill Material into Waters of the United States



Proposed Regulated Activity

Linear Feet or Acres of Stream

Acres of Wetland Impact

Ohio River


Marine Ways

250 feet


Wetland 1


Marine Ways


Ohio River


Rip Rap

320 feet


Ohio River