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LRH 0-58745-BSR

Published Sept. 18, 2014
Expiration date: 10/17/2014

TO WHOM IT MAY CONCERN:  The following application has been submitted the the United States Army Corps of Engineers’ (Corps) for a Department of the Army (DA) Permit under the provisions of Section 10 of the Rivers and Harbors Act.  


APPLICANT:           Kanawha River Terminals, LLC

                                 100 Main and River Streets

                                  Ceredo, West Virginia  25507

LOCATION:  The proposed project would be located along the left descending bank of the Big Sandy River, 7.6 miles upstream of its mouth, near Lockwood, in Boyd County, Kentucky.  


PROJECT HISTORY:  Through DA Standard Permit No. 10.31, issued by the Corps on March 12, 1985, Tunisa, Inc. was authorized to construct a loading dock and to perform maintenance dredging at the location specified above on an as-needed basis until March 12, 1995.  Through DA Standard Permit No. 58745, issued on March 8, 1996, the Kentucky May Coal Company was authorized to perform maintenance dredging at the location specified above on an as-needed basis until December 31, 2006.  On March 15, 1996, assets of the Kentucky May Coal Company were acquired by Kanawha River Terminals and the facility was renamed as the Kentucky Coal Terminal.

DESCRIPTION OF PROPOSED WORK:  The applicant, Kanawha River Terminals, LLC, is requesting authorization to perform maintenance dredging on an as-needed basis at the location specified above, known as the Kentucky Coal Terminal.  The purpose of the project is to remove accumulated material to allow barge access.  The applicant proposes to remove approximately 3,000 cubic yards of material per dredging event from an area 200 feet long parallel to stream flow and 35 feet wide.  The maximum riverward extent would not exceed 65 feet from the shoreline at the normal pool elevation of 515.0 feet.  Material would be removed using a barge-mounted crane equipped with a clamshell bucket and the material would be placed in a barge for transport to the disposal site.  The proposed work would be authorized for a period of ten (10) years.   

Material would be disposed in an upland area at a site known as the Alternative Riverbottom Site, located along the left descending bank of the Big Sandy River Mile near river mile 7.2.  This upland site was previously authorized for dredged material disposal through DA Standard Permit LRH-2007-886-BSR, issued to Riverway South, Inc. on March 19, 2013 and expiring December 31, 2022.


AVOIDANCE AND MINIMIZATION:  Avoidance and minimization efforts were incorporated into the proposal.  The length of authorized mooring area associated with the facility is 1,375 feet.  The applicant has limited the length of the proposed dredge area to 200 feet in the immediate vicinity of the loading dock. 


COMPENSATORY MITIGATION PLAN:  The applicant has indicated compensatory mitigation should not be required due to the nature of the proposed activity.  The proposed work would not result in a loss of waters of the United States (U.S.) and the dredged material would be disposed in an upland area and isolated in a manner not to re-enter waters of the U.S. 


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 which would be indirectly or directly affected by the proposed work.  Due to the nature of the project, the 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 endangered Indiana bat (E), Myotis sodalis.  The Corps has consulted the most recently available information and information provided by the applicant and has determined the proposed project area does not contain suitable habitat for the Indiana bat.  In addition, the proposed project would not result in any tree removal.  Based on this information, the Corps has determined 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) 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 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

                        ATTN:  CELRH-RD-S

                        Public Notice No. LRH-58745-BSR

                        502 Eighth Street

                        Huntington, West Virginia 25701


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