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This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 10 of the Rivers and Harbors Act of 1899. APPLICANT: Mulzer Crushed Stone, Inc. P.O. Box 3596 Evansville, Indiana 47734
AGENT: American Engineers Inc. Nelson Miller Parkway Louisville, Kentucky 40223
LOCATION: The proposed project would be located on the right descending bank of the Ohio River, on Three Mile Island, between miles 80.3 and 780.5 in Henderson County, Kentucky. Latitude: 37.939311° North Longitude: -87.452736° West 7.5 Minute Quad: Newburgh, Indiana-Kentucky
PURPOSE: To expand a barge fleeting area.
DESCRIPTION OF WORK: The applicant is seeking modifications to their existing permit LRL-1993-1023, that established a barge fleeting area located between Mile 780.3 and Mile 780.5 on the right bank of the Ohio River. The applicant proposes to expand the existing 3-wide by 5-long to a 5-wide by 5-long, increasing the capacity from 15 barges to 25. The maximum riverward extension would be 202 feet at normal pool. The barges would be anchored to an existing 24-foot diameter steel cell, existing tri-tie, an existing 12-foot diameter cell and an existing 6-foot diameter cell using, at minimum, 7/8-inch steel cable. See Sheets 1, 2 and 3 of 5 in the included plans. In addition, the applicant is seeking authorization for an additional barge fleeting area and three constructed deadmen approximately 500 feet downstream from the existing fleeting area. This area has been used by the applicant since 1998 intermittently for barge fleeting, and the deadmen were constructed above the ordinary high water mark by the applicant between 1997 and 1998. It is proposed that this fleeting area would contain a maximum of 10 barges in a 2-wide by 5-long configuration and would extend a maximum of 92.5 feet into the river at normal pool. The barges would be secured to the three deadmen with 7/8-inch steel cable. See Sheets 1, 2, 4, and 5 of 5 in the included plans. The proposed fleeting area would serve as a staging area for empty barges. The fleeting area would be operated between dawn and dusk on weekdays. REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied. Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of 1956. Based on available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest, which might be damaged by issuance of the DA Permit. It has been determined that this request has no potential to affect historic properties as the project does not involve any new ground disturbances; and, based on the surveys performed for the area, there are no properties currently listed on the National Register of Historic Places which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, preÂhistorical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic PreservaÂtion Act of 1966 - Public Law 89-665 as amended (including Public Law 96-515). The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilizaÂtion of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreÂseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. 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 impacts of this proposed activity. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. Any comments received will be considered by the Corps of Engineers 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 closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest. Information pertaining to this application is available for public examination during normal business hours upon prior request. This public notice and drawings are available for viewing by clicking on the "Attachments" link above located in the upper right hand corner of this page. All comments regarding this proposal should be addressed to Mr. Andrew Roberts, CELRL-RDS, at the address noted above and should refer to the Public Notice Number LRL-1993-1023-anr. If you desire to submit your comments by email, you must comply with the following: a) In the subject line of your email, type in ONLY the Public Notice ID No. LRL-1993-1023-anr.
Example:
Subject: LRL-1993-1023-anr b) Provide your physical mailing address and telephone number. c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil. d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.