Corps continues process on permit decision for Mt. Vernon, Ind., fleeting facility

Published July 15, 2010

The U.S. Army Corps of Engineers held an exploratory information-gathering meeting July 9 to discuss a proposed application for an 84-barge mooring facility near Mount Vernon, Ind.

The meeting included agency representatives from the Corps, the Coast Guard, the applicant, Ohio Valley Marine, city, state and Congressional representatives.  Members of the public who had requested a public hearing on the permit application were invited to elaborate on their concerns and to ask for additional information.  Ohio Valley made a presentation on their proposal and answered questions from those in attendance.

“The meeting went well,” said Mike Ricketts, chief, West Section of the Corps regulatory branch in Newburgh, Ind. “We feel the public was served because members of the public who had commented on the permit application and requested a public hearing could talk face to face with Corps representatives and ask questions in an informal and open format to help us understand their concerns and issues. This information will help us decide if a public hearing is warranted for this permit application.”

According to Ricketts, a decision on if a public hearing will be held will be made by the end of August.

Ohio Valley Marine Service applied for a permit to moor 88 barges, referred to as fleeting, on the Ohio River shoreline near Mount Vernon. Mount Vernon Barge has a permit for this action approved in 1974.. Mount Vernon Barge declined to transfer the permit to Ohio Valley Marine Service. Because the permit was not transferred, the Corps must treat this as a new permit action. The Corps does not have jurisdiction over lease agreements between landowners and permit holders. Issuing a permit to Ohio Valley Marine would not void the Mount Vernon Barge permit from 1974. 

“Section 10 permits are lifetime, so both companies could potentially have a permit to fleet on this property, and it would be up to the landowner to grant the lease,” said Matt Dennis, regulatory specialist in the Newburgh, Ind., regulatory office. 

The permitting action is a coordinated effort. Comments are requested from the Coast Guard, state of Indiana, Indiana State Historical Preservation Office, Kentucky Heritage Council, Kentucky Fish and Wildlife , river industry, local officials, adjoining property owners, and the public. The comments are reviewed and any impacts investigated.  Permit applications are reviewed for impacts to safety, environment, aesthetics and historical preservation.

Safety is an important factor considered in permit actions and was a point of discussion in the July 9 meeting.   The permitting process requires a safety review from the Coast Guard to determine if the permit would cause any safety issues from navigation.  The meeting also reinforced comments received from the public notice comment period including safety, aesthetics, possible impacts to the municipal water intakes and preference for the Mount Vernon Barge to be the only fleeting operator in Mount Vernon.

The Corps takes these comments seriously and must balance the permit application request against these factors and the impacts, if any, they would cause.

The permit application includes updated information not required in permits granted in the 1970s. The applicant is requesting permission to create fleeting areas for barges waiting to be filled or emptied at a barge-loading facility across the Ohio River.  If approved, the permit would allow fleeting operations to continue in the same vicinity as the 1974 permit: from Ohio River mile 828 to 829.14 and from 830.7 for approximately 1,150 feet. Both areas are located on the left descending bank.

In the Corps permitting process, the Corps will approve, deny or approve with conditions. The Corps will look at the comments and information received in greater detail and if needed, will request additional information from the applicant. No schedule is set on a decision and a decision has not been made on the permit application.

Regulatory Public notices are distributed two ways, electronically and by mail. The Public Notice LRL-2010-317 for fleeting near Mt. Vernon, Ind. was distributed to 676 total participants that include industry, docks, barge companies, individuals, environmental stakeholders, general public, government and businesses. Any business or member of the public may be added to regulatory public notice distribution lists.

352 of these participants received the public notice by email; 322 received a hard copy by U.S. Postal Service, and two were in-house distribution by the Corps. Additionally, the three adjacent land owners provided by the applicant were mailed hard copies of the public notice. Regulatory mailing lists for public notices have evolved and grown over many years and even decades.


Release no. 10-013

News Releases (Hidden - Presorted LRD list)

Corps continues process on permit decision for Mt. Vernon, Ind., fleeting facility

Published July 15, 2010

The U.S. Army Corps of Engineers held an exploratory information-gathering meeting July 9 to discuss a proposed application for an 84-barge mooring facility near Mount Vernon, Ind.

The meeting included agency representatives from the Corps, the Coast Guard, the applicant, Ohio Valley Marine, city, state and Congressional representatives.  Members of the public who had requested a public hearing on the permit application were invited to elaborate on their concerns and to ask for additional information.  Ohio Valley made a presentation on their proposal and answered questions from those in attendance.

“The meeting went well,” said Mike Ricketts, chief, West Section of the Corps regulatory branch in Newburgh, Ind. “We feel the public was served because members of the public who had commented on the permit application and requested a public hearing could talk face to face with Corps representatives and ask questions in an informal and open format to help us understand their concerns and issues. This information will help us decide if a public hearing is warranted for this permit application.”

According to Ricketts, a decision on if a public hearing will be held will be made by the end of August.

Ohio Valley Marine Service applied for a permit to moor 88 barges, referred to as fleeting, on the Ohio River shoreline near Mount Vernon. Mount Vernon Barge has a permit for this action approved in 1974.. Mount Vernon Barge declined to transfer the permit to Ohio Valley Marine Service. Because the permit was not transferred, the Corps must treat this as a new permit action. The Corps does not have jurisdiction over lease agreements between landowners and permit holders. Issuing a permit to Ohio Valley Marine would not void the Mount Vernon Barge permit from 1974. 

“Section 10 permits are lifetime, so both companies could potentially have a permit to fleet on this property, and it would be up to the landowner to grant the lease,” said Matt Dennis, regulatory specialist in the Newburgh, Ind., regulatory office. 

The permitting action is a coordinated effort. Comments are requested from the Coast Guard, state of Indiana, Indiana State Historical Preservation Office, Kentucky Heritage Council, Kentucky Fish and Wildlife , river industry, local officials, adjoining property owners, and the public. The comments are reviewed and any impacts investigated.  Permit applications are reviewed for impacts to safety, environment, aesthetics and historical preservation.

Safety is an important factor considered in permit actions and was a point of discussion in the July 9 meeting.   The permitting process requires a safety review from the Coast Guard to determine if the permit would cause any safety issues from navigation.  The meeting also reinforced comments received from the public notice comment period including safety, aesthetics, possible impacts to the municipal water intakes and preference for the Mount Vernon Barge to be the only fleeting operator in Mount Vernon.

The Corps takes these comments seriously and must balance the permit application request against these factors and the impacts, if any, they would cause.

The permit application includes updated information not required in permits granted in the 1970s. The applicant is requesting permission to create fleeting areas for barges waiting to be filled or emptied at a barge-loading facility across the Ohio River.  If approved, the permit would allow fleeting operations to continue in the same vicinity as the 1974 permit: from Ohio River mile 828 to 829.14 and from 830.7 for approximately 1,150 feet. Both areas are located on the left descending bank.

In the Corps permitting process, the Corps will approve, deny or approve with conditions. The Corps will look at the comments and information received in greater detail and if needed, will request additional information from the applicant. No schedule is set on a decision and a decision has not been made on the permit application.

Regulatory Public notices are distributed two ways, electronically and by mail. The Public Notice LRL-2010-317 for fleeting near Mt. Vernon, Ind. was distributed to 676 total participants that include industry, docks, barge companies, individuals, environmental stakeholders, general public, government and businesses. Any business or member of the public may be added to regulatory public notice distribution lists.

352 of these participants received the public notice by email; 322 received a hard copy by U.S. Postal Service, and two were in-house distribution by the Corps. Additionally, the three adjacent land owners provided by the applicant were mailed hard copies of the public notice. Regulatory mailing lists for public notices have evolved and grown over many years and even decades.


Release no. 10-013