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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 Act of 1899 and Section 404 of the Clean Water Act:
APPLICANT:
Mr. Bruce Kanipe
Dekoven Dock, Inc.
2556 State Route 1508
Sturgis, KY 42459
LOCATION:
Ohio River, Left Descending Bank at Mile 870.1, in Sturgis, Union County, Kentucky
Latitude: 37.548403° North
Longitude: -88.084028° West
7.5 Minute Quad: Dekoven, KY-IL
PURPOSE:
To construct a commercial unloading and transfer facility associated with the Dekoven Docks Loading Terminal
DESCRIPTION OF WORK:
The applicant proposes to construct a new unloading and transfer facility upstream of the existing Dekoven Docks Loading Terminal. A public notice for the proposal was posted from September 6, 2017 to October 6, 2017. The plans have since been modified to include a second unloader at the facility. The previously posted plans proposed one unloader (unloader #1) which consists of two 120 feet long x 30 feet wide hinged ramps cantilevered to a permanent deck barge 250 feet long x 75 feet wide with an attached caterpillar unloader. Another permanent deck barge would be positioned 60 feet out and would be 250 feet long x 50 feet wide. This would allow commodity barges to be unloaded between the two permanent deck barges which would be secured by H beams connected (welded) to four, 20 foot diameter cells positioned above and below the deck barges and filled with #3 rock to the top and capped with a 1 foot concrete cap. No cables would be used to secure deck barges. All barges being unloaded would be secured by winch cables. In addition, the two deck barges would be covered by a pre-engineered building.
The current proposal has been modified to also include a second unloader at the facility (unloader #2). The second unloader would be located adjacent to the existing facility, and would be between the existing facility and the proposed location of unloader #1. Unloader #2 would include two floating captive barges secured to the bank via spars and an access ramp. An excavator would unload commodities from barges to a hopper on the captive barge that would be connected to a 140 foot conveyor. The conveyor would be supported and connected to the access ramp and continue to a truck overhead drive-under load out hopper for movement of commodities inland.
Two deadman anchors would be located above the ordinary high water mark (OHW), capped with concrete and have a top elevation of 340. The ramps would be hinged to the deadmen to allow fluctuation with the river levels. The maximum riverward projection of the unloading facility would not exceed 305 feet at normal pool elevation of 324 feet Ohio River Datum and would be approximately 748 feet from the sailing line. The barges being unloaded would hold commercial products for sale to exclude any red flag materials. Please see figures 1-7 for plans and location.
In addition to the facility, the applicant proposes to place 211 cubic yards of riprap below the OHW, along 400 linear feet of sloped bank for shoreline erosion protection.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES:
This site was preferred and selected due to the location adjacent to the existing loading facility. The project area was minimized to affect only the required area to construct the project. Although the shoreline is not presently cleared, the area is somewhat disturbed due to the current navigation traffic entering and exiting the Dekoven Dock Facility. No mitigation is being proposed.
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. Based on information by the applicant, and a review of the Information for Planning and Consultation (IPAC) website, https://ecos.fws.gov/ipac/, the following federally-listed species are known to or believed to occur in the area to be affected (directly or indirectly) by the proposed action:
List of Species
Common Name Scientific Name
Indiana bat Myotis sodalis
Northern long-eared bat Myotis septentrionalis
Clubshell Pleurobema clava
Fanshell Cyprogenia stegaria
Fat pocketbook Potamilus capax
Northern riffleshell Epioblasma torulosa rangiana
Orange pimpleback Plethobasus cooperianus
Purple cat’s paw Epioblasma obliquata obliquata
Rabbitsfoot Quadrula cylindrica cylindrica
Ring pink Obovaria retusa
Rough pigtoe Pleurobema plenum
Sheepnose mussel Plethobasus cyphyus
Spectaclecase mussel Cumberlandia monodonta
The Endangered Species Act (ESA, 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7(a) 2 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impact to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
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 examined, and it has been determined that there are no properties currently listed on the Register 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, pre historical, 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. This 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 Mr. Matt Dennis, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2017-724-mad.
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-2017-724-mad
Example:
Subject: LRL-2017-724-mad
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.