TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army Permit under the provisions of Section 10 of the Rivers and Harbors Act.
APPLICANT: MPLX Terminals LLC
539 South Main Street
Findlay, Ohio 45840
LOCATION: The proposed project would be located at the existing MPLX Heavy Oil Dock along the left descending bank of the Big Sandy River at river mile 3.96 near Catlettsburg, in Boyd County, Kentucky (See Sheets 1-2 of 4).
PROJECT HISTORY: Through Department of the Army (DA) Letter of Permission LRH-2004-1292-BSR, issued by the United States Army Corps of Engineers (Corps) on November 1, 2004, the applicant was granted authorization to perform a one-time maintenance dredging along the left descending bank of the Big Sandy River at river mile 3.96. Through DA Standard Permit No. LRH-2004-1292-BSR, issued by the Corps on June 10, 2005, the applicant was granted authorization to perform maintenance dredging, as necessary for a period of 10 years, along the left descending bank of the Big Sandy River at river mile 3.96.
DESCRIPTION OF PROPOSED WORK: MPLX Terminals LLC proposes to dredge an area 50 feet wide and 1,120 feet in length parallel to the shoreline not to exceed 80 feet riverward of the shoreline at the normal pool elevation of 515.0 feet. Approximately 1,500 cubic yards of material would be removed to a depth 12 feet below the normal pool elevation (503.0 feet) using a barge-mounted crane with a clamshell bucket (See Sheets 3-4 of 4). The purpose of the proposed maintenance dredging is to maintain a minimum draft of 12 feet for the operation of tow boats and the mooring of barges for the loading of petroleum products at the MPLX Heavy Oil Dock. Dredged material would be permanently disposed of in an off-site upland area in a manner to prevent its reentry into waters of the United States. The proposed disposal area is located at the Belleview Sand and Gravel upland disposal site along the left descending bank of the Ohio River, 502 miles downstream of Pittsburgh, Pennsylvania, near Belleview, in Boone County, Kentucky.
The applicant would be required to notify this office prior to the commencement of any dredging activities to allow a “Notice to Navigation” to be provided to the appropriate navigation interests. The proposed work would be authorized for a period of ten (10) years.
AVOIDANCE AND MINIMIZATION: Avoidance and minimization efforts were incorporated into the proposal. The proposed dredging is limited to areas where accumulated material impedes access. Dredged material would be disposed transported to an upland disposal area as mentioned above.
COMPENSATORY MITIGATION PLAN: The applicant has indicated compensatory mitigation should not be required due to the nature of the proposed activities. Accumulated materials have been dredged from the project area for many years and there would be no loss of waters of the United States.
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. 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 following threatened (T) or endangered (E) species:
Indiana bat (E), Myotis sodalis
northern long-eared bat (T), Myotis septentrionalis
gray bat (E), Myotis grisescens
clubshell mussel (E), Pleurobema clava
fanshell mussel (E), Cyprogenia stegaria
orangefoot pimpleback mussel (E), Plethobasus cooperianus
pink mucket mussel (E), Lampsilis abrupta
ring pink mussel (E), Obovaria retusa
rough pigtoe mussel (E), Pleurobema plenum
sheepnose mussel (E), Plethobasus cyphyus
The Corps has consulted the most recently available information and information provided by the applicant and has determined the proposed project does not provide suitable habitat for the Indiana bat, gray bat, or northern long-eared bat. Due to previous maintenance dredging activity and barge traffic associated with operation of the MPLX Heavy Oil Dock, it is not anticipated that the proposed project site would contain suitable habitat for the clubshell mussel, fanshell mussel, orangefoot pimpleback mussel, pink mucket mussel, ring pink mussel, rough pigtoe mussel, and sheepnose mussel. Based on this information, the proposed project may affect, but is not likely to adversely effect 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
Public Notice: LRH-2004-1292-BSR
502 Eighth Street
Huntington, WV 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 Kayla Adkins of the South/Transportation Branch, at 304-399-5710, by mail at the above address, or by email at email@example.com.