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LRH-2016-139-LKR

Published May 4, 2016
Expiration date: 6/6/2016

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.  This notice serves as the United States Army Corps of Engineers’ (Corps) request to the West Virginia Department of Environmental Protection (WVDEP) to act on the Section 401 Water Quality Certification for the following application.

 

APPLICANT:           Alvyn A. Schopp

                                    Antero Treatment, LLC

1615 Wynkoop Street

                                    Denver, Colorado  80202

 

LOCATION:  As depicted on the attached Figure 1 (Sheet 1 of 16), the proposed project would be located within the Cabin Run-North Fork Hughes River watershed near Toll Gate, Doddridge and Ritchie Counties, West Virginia.  The proposed discharge of dredged and/or fill material would occur within the streams and wetlands specified in Table 1 and Table 2 below.  The on-site streams are indirect tributaries to the Little Kanawha River, a traditional navigable water of the United States.  The project site is located at latitude 39.262825°N and longitude 80.908293°W. 

 

DESCRIPTION OF THE PROPOSED WORK:  The applicant has requested a DA authorization to discharge of dredged and/or fill material into 27,992 linear feet of streams and 0.242 acre of wetlands, as shown on Table 1 and Table 2 below, in association with the  construction of a 184.4 acre solid waste disposal (landfill) facility.  The landfill would accommodate a disposal capacity of 20 to 26.8 million cubic yards of salt.  The landfill would be used to dispose of 2,000 tons per day of salt that would be generated from the adjacent Antero Clearwater Water Treatment Facility (formerly known as the Antero Sandstrom Water Treatment Facility).  Construction of the landfill would take place in three different phases over the course of 26 years.  As shown on the attached Figure 2 (Sheet 2 of 16), Phase I would be constructed between 2017 to 2025, Phase II would be constructed between 2025 to 2034, and Phase III would be constructed from 2034 to 2043.  Plans for the proposed work are attached to this Public Notice (Sheets 1 of 16). 

 

 

 

 

 

ALTERNATIVE ANALYSIS:  A total of 164 linear feet of perennial stream, 21,121 linear feet of intermittent streams, 6,707 linear feet of ephemeral streams, 0.029 acre of palustrine forested wetlands, 0.042 acre of palustrine scrub shrub wetlands, and 0.17 acre of palustrine emergent wetlands would be filled as a result of the proposed landfill construction.  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 that for non-water dependent activities in special aquatic sites, practicable alternatives that do not involve wetlands are presumed to be available, unless clearly demonstrated otherwise.  The applicant is required to provide an alternative analysis that must overcome that presumption prior to receiving authorization for the discharge of dredged and/or fill material into the wetlands.  The applicant has submitted the required alternatives analysis and it is currently under review.  A complete copy of the applicant’s alternatives analysis can be reviewed by appointment at the above address.  No permit will be issued until our review of the alternatives analysis clearly shows that practicable upland alternatives are not available to achieve the overall project purpose. 

 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the United States, consideration must be given to avoiding impacts on this site.  If waters of the United States cannot be avoided, then the impacts must be minimized.  Approximately 432 linear feet of perennial stream, 23,481 linear feet of intermittent streams, 9,132 linear feet of ephemeral streams, 0.265 acre of palustrine emergent wetlands, 0.227 acre of palustrine scrub-shrub wetlands, and 0.029 acre of palustrine forested wetlands, subject to Section 404 Clean Water Act regulation, exists on the project site.  Avoidance and minimization efforts were incorporated into the proposal.  The proposed project has been designed to avoid 62.1% of the on-site perennial stream, 10.9% of on-site intermittent streams, 26.6% of the on-site ephemeral streams, 81.5% of the on-site palustrine scrub-shrub wetlands, and 37% of the on-site palustrine emergent wetlands. The applicant has indicated that impacts would be minimized by staging construction, and implementing proper erosion and sediment control devices to reduce downstream impacts.  The applicant would be required to obtain stormwater permits and to implement stormwater protection plans as needed for site construction following the requirements of the National Pollutant Discharge Elimination System program.

 

COMPENSATORY MITIGATION PLAN:  The applicant has submitted a conceptual compensatory mitigation statement to compensate for proposed losses of waters of the United States.  The applicant proposes to either purchase available credits at multiple federally-approved mitigation banks and/or permittee-responsible mitigation.

 

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

 

 

 

 

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 project.  The project area was surveyed and the applicant coordinated a Phase I Archaeological Investigation Report with the West Virginia State Historic Preservation Office (WVSHPO).  In a letter dated April 6, 2016, the WVSHPO concluded the proposed project would have no adverse effect on historic properties eligible for inclusion on the NRHP.   A copy of this Public Notice will be furnished to the WVSHPO for their review.  Comments concerning archeological sensitivity of the project area should be based upon collection data.

 

THREATENED AND ENDANGERED SPECIES:  The proposed project is located within the known or historic range of the following federally-protected species: endangered Indiana bat (Myotis sodalis); threatened northern long-eared bat (Myotis septentrionalis); endangered clubshell mussel (Pleurobema clava); and the endangered snuffbox mussel (Epioblasma triquetra).  The Corps has consulted the most recently available information on listed species, and based on the proposed implementation of seasonal tree clearing restrictions, the project may affect, but is not likely to adversely affect either the Indiana bat or the northern long-eared bat.  Based on lack of suitable habitat, the proposed project would have no effect on either the clubshell mussel or the snuffbox mussel.  Based on this information, the proposed project is not likely to adversely affect the continued existence of any of the other above mentioned endangered 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 for concurrence 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.  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 230).  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; 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 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 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-E

Public Notice No. LRH-2016-139-LKR

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. Christopher L. Carson of the Energy Resource Branch at 304 399-5210, by mail at the above address, or by email at Christopher.l.carson@usace.army.mil.

 

 

 

 

 

 

 

Table 1 – Proposed discharge of dredged and/or fill material into streams associated with the Antero Landfill Project.

 

Name

Stream Length On-Site

(Linear Feet)

Proposed Discharge of Fill Material (Linear Feet)

Proposed Discharge of Fill Material (ft^2)

Proposed Discharge of Fill Material (acres)

Proposed Discharge of Fill Material

(Cubic Yards)

Proposed Activity

Stream 1C

3,512

3,282

12799.8

0.294

213.33

Grade Establishment

Stream 6C

227

227

431.3

0.010

4.79

Grade Establishment

Stream 8C

306

306

948.6

0.022

14.05

Grade Establishment

Stream 9C

91

91

109.2

0.003

1.62

Grade Establishment

Stream 10C

111

111

99.9

0.002

1.11

Grade Establishment

Stream 11C

213

213

340.8

0.008

5.68

Grade Establishment

Stream 12C

657

657

1839.6

0.042

44.29

Grade Establishment

Stream 13C

234

234

351

0.008

5.85

Grade Establishment

Stream 14C

78

78

140.4

0.003

1.30

Grade Establishment

Stream 15C

178

178

338.2

0.008

15.03

Grade Establishment

Stream 16C

282

282

1015.2

0.023

15.04

Grade Establishment

Stream 21C

437

437

1179.9

0.027

17.48

Grade Establishment

Stream 23C

104

104

166.4

0.004

1.85

Grade Establishment

Stream 24C

196

196

294

0.007

4.36

Grade Establishment

Stream 30C

553

439

1185.3

0.027

19.76

Grade Establishment

Stream 31C

76

76

98.8

0.002

0.73

Grade Establishment

Stream 32C

227

184

386.4

0.009

5.72

Grade Establishment

Stream 33C

1,025

914

4387.2

0.101

105.62

Grade Establishment

Stream 34C

160

160

256

0.006

1.90

Grade Establishment

Stream 35C

316

309

309

0.007

2.29

Grade Establishment

Stream 41C

23

23

41.4

0.001

0.46

Grade Establishment

Stream 42C

346

248

768.8

0.018

11.39

Grade Establishment

Stream 43C

99

99

158.4

0.004

1.76

Grade Establishment

Stream 62C

128

9

15.3

0.0004

0.17

Grade Establishment

Stream 65C

125

23

64.4

0.001

0.95

Grade Establishment

Stream 15K

1536

1423

5692.0

0.131

210.81

Grade Establishment

Stream 16K

692

681

2043.0

0.047

37.83

Grade Establishment

Stream 17K

64

64

96.0

0.002

0.89

Grade Establishment

Stream 18K

158

24

60.0

0.001

0.56

Grade Establishment

Stream 20K

513

513

1795.5

0.041

49.88

Grade Establishment

Stream 21K

182

182

455.0

0.010

8.43

Grade Establishment

Stream 22K

291

291

1018.5

0.023

25.27

Grade Establishment

Stream 23K

428

428

1284.0

0.029

71.33

Grade Establishment

Stream 29K

325

92

230.0

0.005

2.13

Grade Establishment

Stream 30K

459

223

780.5

0.018

19.37

Grade Establishment

Stream 32K

193

83

332.0

0.008

10.21

Grade Establishment

Stream 5M

110

110

55.0

0.001

0.16

Grade Establishment

Stream 7M

94

94

39.5

0.001

0.12

Grade Establishment

Stream 8M

1293

1284

6805.2

0.156

126.02

Grade Establishment

Stream 9M

241

137

398.7

0.009

2.51

Grade Establishment

Stream 10M

63

63

41.6

0.001

0.12

Grade Establishment

Stream 13M

19

19

20.5

0.0005

0.13

Grade Establishment

Stream 16M

396

288

383.0

0.009

2.41

Grade Establishment

Stream 17M

166

166

152.7

0.004

0.45

Grade Establishment

Stream 18M

102

102

153.0

0.004

0.96

Grade Establishment

Stream 19M

439

308

899.4

0.021

10.99

Grade Establishment

Stream 21M

1901

1901

14409.6

0.331

266.84

Grade Establishment

Stream 25M

43

43

21.5

0.0005

0.06

Grade Establishment

Stream 26M

255

255

339.2

0.008

2.14

Grade Establishment

Stream 27M

191

191

382.0

0.009

1.13

Grade Establishment

Stream 28M

98

63

78.8

0.002

0.50

Grade Establishment

Stream 30M

89

89

29.4

0.001

0.09

Grade Establishment

Stream 31M

144

144

360.0

0.008

2.27

Grade Establishment

Stream 33M

27

27

13.5

0.0003

0.04

Grade Establishment

Stream 34M

455

455

682.5

0.016

8.34

Grade Establishment

Stream 35M

230

230

211.6

0.005

1.33

Grade Establishment

Stream 36M

542

688

2635.0

0.060

24.40

Grade Establishment

Stream 37M

42

42

63.0

0.001

0.19

Grade Establishment

Stream 38M

35

35

23.5

0.001

0.07

Grade Establishment

Stream 39M

346

346

432.5

0.010

2.72

Grade Establishment

Stream 41M

1086

1086

2356.6

0.054

58.48

Grade Establishment

Stream 43M

82

82

41.0

0.001

0.12

Grade Establishment

Stream 44M

247

247

205.0

0.005

1.29

Grade Establishment

Stream 46M

58

58

29.0

0.001

0.09

Grade Establishment

Stream 47M

52

52

26.0

0.001

0.08

Grade Establishment

Stream 48M

65

65

70.2

0.002

0.44

Grade Establishment

Stream 1W

182

182

227.5

0.005

2.11

Grade Establishment

Stream 3W

1138

1138

2560.5

0.059

39.83

Grade Establishment

Stream 4W

164

164

287.0

0.007

3.51

Grade Establishment

Stream 5W

187

187

280.5

0.006

4.36

Grade Establishment

Stream 6W

147

147

257.3

0.006

4.00

Grade Establishment

Stream 7W

51

51

102.0

0.002

1.25

Grade Establishment

Stream 8W

415

415

933.8

0.021

17.29

Grade Establishment

Stream 10W

61

61

76.3

0.002

0.71

Grade Establishment

Stream 11W

110

110

357.5

0.008

7.68

Grade Establishment

Stream 12W

228

228

513.0

0.012

9.50

Grade Establishment

Stream 13W

169

169

295.8

0.007

4.60

Grade Establishment

Stream 14W

1928

1739

9564.5

0.220

294.02

Grade Establishment

Stream 15W

58

58

72.5

0.002

1.13

Grade Establishment

Stream 16W

38

38

47.5

0.001

0.74

Grade Establishment

Stream 17W

687

585

1901.3

0.044

47.18

Grade Establishment

Stream 18W

536

412

1030.0

0.024

22.13

Grade Establishment

Stream 01

380

132

264.0

 

 

0.006

4.11

Culvert Installation (24-inch diameter x 127’)

Stream 04

205

73

109.5

0.003

0.32

Grade Establishment

Stream 06

369

140

560.0

 

 

0.013

13.90

Culvert Installation (30-inch diameter x 138’)

Stream 11

161

43

118.3

0.003

1.45

Grade Establishment

Stream 13

662

276

552.0

 

 

0.013

5.11

Culvert Installation (36-inch diameter x 270’)

Stream 14

233

57

85.5

0.002

0.25

Grade Establishment

Stream 15

137

33

66.0

0.002

0.71

Grade Establishment

Totals

31,702

27,992

93,132.6

2.138

1,933.62

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 2 – Proposed discharge of dredged and/or fill material into wetlands associated with the Antero Landfill Project.

 

Name

Cowardin Class

Wetland Acreage

(Acres) On-Site

Proposed Discharge of Fill Material

(Acres)

Proposed Discharge of Fill Material

(Cubic Yards)

Proposed Activity

Wetland 2M

Palustrine Emergent

0.009

0.009

14.52

Grade Establishment

Wetland 4M

Palustrine Emergent

0.015

0.015

24.20

Grade Establishment

Wetland 3K

Palustrine Emergent

0.018

0.018

29.04

Grade Establishment

Wetland 3M

Palustrine Emergent

0.011

0.011

17.75

Grade Establishment

Wetland 5K

Palustrine Emergent

0.040

0.040

64.53

Grade Establishment

Wetland 5M

Palustrine Forested

0.029

0.029

46.79

Grade Establishment

Wetland 2K

Palustrine Scrub-Shrub

0.227

0.042

67.76

Grade Establishment

Wetland 1W

Palustrine Emergent

0.009

0.009

14.52

Grade Establishment

Wetland 2W

Palustrine Emergent

0.040

0.040

64.53

Grade Establishment

Wetland 6M

Palustrine Emergent

0.005

0.005

8.07

Grade Establishment

Wetland 7M

Palustrine Emergent

0.016

0.016

25.81

Grade Establishment

Wetland 1C

Palustrine Emergent

0.008

0.008

12.91

Grade Establishment

Totals

0.427

0.242

390.44