LRL-2018-268

This notice announces an application submitted for a Department of the Army (DA) Permit subject to Section 404 of the Clean Water Act.

APPLICANT:                        
Kenton County Airport Board (KCAB)                                               
P.O. Box 752000                                               
Cincinnati, Ohio  45275         


AGENT:                                
Environment & Archaeology, LLC                                               
221 Main Street                                               
Florence, Kentucky  41042


LOCATION:                         
In Gunpowder Creek, and streams and wetlands that flow to Gunpowder Creek on an 882-acre property located at the Cincinnati/Northern Kentucky International Airport (CVG), specifically north of Aero Parkway, east of Limaburg Road, and west of Turfway Road in Florence, Boone County, Kentucky.      

                                                Latitude:  39.03254 N

                                                Longitude:  -84.67314 W

                                                7.5 Minute Quad:  Burlington, Kentucky                                                  


PURPOSE:                            
To construct an air cargo hub facility.

DESCRIPTION OF WORK: 
The applicant proposes to discharge 13 million cubic yards of fill material obtained onsite into 6,082 linear feet (2.36 acres) of perennial streams including Gunpowder Creek, 43,021 linear feet (5.18 acres) of intermittent streams, 12,698 linear feet (0.65 acre) of ephemeral streams, and 10.53 acres of wetlands to facilitate the construction of a primary package sortation building.  In addition, support buildings, a concrete aircraft parking apron for up to 77 cargo aircraft and apron taxi lanes, and paved employee and visitor parking would be constructed.  The applicant also proposes improvements to Wendell H. Ford Boulevard and sections of Aero Parkway, expansion of existing airport fueling facilities, storm water management systems, and associated infrastructure. 

The service area of the provider is the 48 contiguous United States (U.S.).  The business objective of the provider is to meet rapidly growing customer demand with the fastest and lowest cost shipment options available.  The geographic location of the proposed hub at CVG is within a two-to-three hour flight to the heavily populated eastern U.S. and a three-to-four hour flight to large metropolitan areas in the western U.S.  CVG has much of the airfield capacity needed to accommodate the air cargo service provider’s operation as well as property available to accommodate the construction of the proposed project. 

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES:  
Due to the inherent requirements of the proposed project, the applicant could not avoid impacts to the aquatic environment.  The applicant proposes to mitigate for all impacts to “waters of the United States (U.S.),” including wetlands, through the purchase of credits from Corps approved in-lieu fee programs in the Middle Ohio-Little Miami 8-digit HUC 05090203.

It is noted that this proposed mitigation plan is open to comment and subject to change.  The Corps will make a determination of appropriate mitigation, upon review of all submitted information.

REVIEW PROCEDURES: 
A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied.  A DA permit, if otherwise warranted, will not be issued until a State of Kentucky Water Quality Certification or waiver is on file at this office.  In order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from the Kentucky Energy and Environment Cabinet Division of Water (KDOW).

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.  The Federal Aviation Administration (FAA) is the lead federal agency in coordination with the U.S. Fish and Wildlife Service (USFWS) for the proposed project, and formal consultation has been initiated with the USFWS to address Federally-listed threatened or endangered species or their critical habitats that would be impacted by the proposed project. 

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.

The National Register of Historic Places has been consulted and it has been determined that there are historic properties currently listed on the Register.   Prior to taking final action on this application, this office will establish the location of each site relative to the proposed worksite.  Any impacts on such properties will be evaluated and considered in making the final decision.  With respect to other sites not currently listed on the Register, if we are made aware, as a result of comments received in response to this notice or by other means, of specific archaeological, scientific, prehistorical, 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 Preservation 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 utiliza­tion of important resources.  The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably fore­seeable 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.   In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (40 CFR Part 230) promulgated by the Administrator, United States Environmental Protection Agency, under authority of Section 404(b) of the CWA.

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.  his public notice and drawings are available for viewing by clicking on the "Attachments" link above in the right hand corner of this page.  All comments regarding this proposal should be addressed to Ms. Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2018-00268. 

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-2018-00268.

Example:                                                            S
Subject:  LRL-2018-00268

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.