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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, Section 404 of the Clean Water Act (CWA), and for State Water Quality Certification pursuant to Section 401 of the CWA from the Indiana Department of Environmental Management, Office of Water Quality, and the Kentucky Energy and Environment Cabinet, Division of Water.
APPLICANT:
Nugent Sand Company 1833 River Road Louisville, Kentucky 40206
LOCATION: Ohio River Miles 574.6 to 578.6 (348 acres); and streams within a 780-acre parcel located southwest of the New Washington -Bethlehem Road and Camp Creek Road intersection in Bethlehem, Clark County, Indiana.
Latitude: 38.51844 Longitude: -85.45354
7.5 Minute Quad: Bethlehem, Indiana
PURPOSE: Commercial sand and gravel dredging.
DESCRIPTION OF WORK: The applicant proposes to expand its existing sand and gravel dredging operation at its Bethlehem, Indiana facility as well as perform dredging in the Ohio River from miles 574.6 to 578.6 for commercial sale of sand and gravel. The applicant requests a 10-year authorization for these activities.
The existing facility consists of two inland pits, the Ross and Lucas East Pits, which are 347 acres in size. They are both directly connected to the Ohio River. The applicant proposes to connect these two pits through the removal of approximately 829,000 cubic yards of material, resulting in one large inland pit. This activity would commence once all permit authorizations have been obtained.
The applicant proposes to expand its operation to the west, creating the Lucas West Pit which would be 128 acres in size, and would have barge ingress/egress via an opening in the northeast corner of the pit to the existing Ross Pit. The applicant would remove approximately 13,600,000 cubic yards of material from this pit. The proposed dredging activity in the Lucas West Pit is expected to begin once all permit authorizations have been obtained.
The applicant proposes to also expand its operation to the northeast, creating the Johnson Materials Pit which would be 118 acres in size, and would have barge ingress/egress via an opening in the southwest corner of the pit to the existing Lucas East Pit. The applicant would remove approximately 13,000,000 cubic yards of material from this pit.
The proposed inland dredging operations would impact 670 linear feet (0.02 acre) of an ephemeral stream. Ultimately, the two new expansion areas, to the west and northeast, would become part of the larger inland pit. Existing ground elevation at the facility is approximately 435 feet, while normal pool is 420 feet. The applicant proposes to dredge to a final elevation of 335 feet, removing approximately 100 feet of material from each proposed pit.
To facilitate the Johnson Materials Pit expansion, the applicant proposes to relocate the existing Camp Creek Road. Specifically, the existing roadway would be dredged and an opening for barge traffic would be created to the new proposed pit from the existing Lucas East Pit. The roadway, which currently travels east/west between the Lucas East Pit and the proposed Johnson Materials Pit, would be constructed along the western boundary of the proposed Johnson Materials Pit, traveling north/south. The new roadway would provide continued access for the public from New Washington-Bethlehem Road to Camp Creek Road, and would impact 232 linear feet (0.05 acre) of an unnamed intermittent tributary to Knob Creek.
The applicant estimates that it would take two years to construct the proposed Camp Creek Road once authorizations have been obtained. Therefore, the applicant anticipates that the proposed expansion into the Johnson Materials Pit would not begin for two years after authorizations have been obtained and after the relocated roadway construction has been completed.
Finally, the applicant proposes to conduct sand and gravel dredging from within the Ohio River from River Miles 574.6 to 578.6. The applicant would remove approximately 600,000 tons of material per year from approximately 348 acres of river bottom via hydraulic suction dredging. The dredging operation would consist of three barges, the dredge, an anchor flat, and a ladder. The ladder is a submerged pump that classifies and segregates dredged material in place, eliminating the need for land-based gradation facilities. The configuration would be 500 feet long and 160 feet wide, and would be secured to the river bottom with Danforth anchors at the head and tail of the floating facility while a tugboat would be used to move the floating facility into position. The proposed dredging would be conducted to a depth of approximately 70 feet, and would be located in both Kentucky and Indiana waters. A 300-foot buffer would be maintained between the proposed project activities and sailing line.
AVOIDANCE & MINIMIZATION MEASURES: The applicant considered alternatives to reduce impacts to “waters of the United States”, including wetlands. Specifically, through design alternatives, the applicant was able to avoid 0.09 acre of one emergent wetland and a 50-foot wide buffer between the extent of the proposed dredging operation and the delineated boundaries of this wetland.
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 on this project until a State of Indiana Section 401 Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM) and a State of Kentucky Section 401 WQC are each on file in this office or they are considered waived. This Public Notice may constitute the application for the 401 WQC. IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality, Section 401 WQC Program, 100 N. Senate Avenue Room N1255, Indianapolis, Indiana 46204. The applicant is responsible for obtaining the certification from IDEM. Also, in order to further comply with Section 401 of the Clean Water Act, the applicant must apply for 401 WQC 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 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.
The National Register of Historic Places has been examined, and it has been determined that there is one (1) site potentially eligible for listing on the Register which may be directly affected by the proposed work. A survey is currently being conducted by the applicant’s consultant and the resulting report will be conveyed to the Indiana State Historic Preservation Office by the District. If we are made aware, as a result of comments received in response to this notice, or by other means, of any other additional 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).
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 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.
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 Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-1998-01842.
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-1998-01842.
Example: LRL-1998-01842 (subject)
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.