LRL-2018-1102

This notice announces an application submitted for a Department of the Army (DA) Permit subject to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA).

APPLICANT:

POET Nutrition, Inc.
4506 North Lewis Avenue
Sioux Falls, South Dakota  57104

LOCATION:  Ohio River Mile Marker 481 and in a wetland within a 26.7-acre parcel at 6095 River Road in Cincinnati, Hamilton County, Ohio.

Latitude:     39.100226
Longitude:  -84.679924

7.5 Minute Quad:  Burlington, Kentucky

PURPOSE:   Construction of a new truck-to-barge transloading facility.

DESCRIPTION OF WORK:  The applicant proposes to construct a new transloading facility for the unloading of dried distillers’ grains (DDGs), which are used for feed products.  The facility is expected to handle 80 to 100 trucks per 9-hour day.  The DDGs would be unloaded from trucks and routed to flat storage in a warehouse or to barge load-out for export.  No materials would be received via barge. 

Inland, the proposed project would include the construction of a temporary pier to be used during construction activities, a material conveyor, warehouse, scale house, receiving pit, roads, utilities, and stormwater management.  In the river, the proposed project would include the construction of five (5) mooring cells, placement of two (2) capture barges, and the mooring of up to four (4) transport barges.  The proposed facility would run no more than 880 feet in length along the riverbank and would extend riverward 130 feet from normal pool elevation 453.5.  The transport barges would be secured to cells in three locations via one (1) inch wire ropes and a masterlink for maneuverability purposes during load-out of material which must remain dry.  

The proposed project would temporarily impact 0.6 acre of a forested wetland and 0.03 acre (50 linear feet) of Ohio River for access purposes and the placement of a work pier.  Permanent impacts include 0.16 acre of a forested wetland for the construction of a materials conveyor and 0.07 acre (144 linear feet) of Ohio River for the construction of five (5) cells.

AVOIDANCE & MINIMIZATION MEASURES:  The applicant considered alternatives to reduce impacts to “waters of the United States”, including wetlands.  The applicant proposes to restore the temporarily impacted forested wetland areas through removal of timbermats, tree plantings, and monitoring.  To compensate for permanent impacts to 0.16 acre of a forested wetland, the applicant proposes to purchase 0.4 acre of forested wetland credits from the Big Darby Hellbranch Wetland Mitigation Bank.  The proposed project site is located in the secondary service area of the proposed mitigation bank.  There are no mitigation banks with a service area that includes the location of the proposed project site.   

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 Ohio Section 401 Water Quality Certification (WQC) from the Ohio Environmental Protection Agency (OEPA) is on file in this office or it is considered waived.  In order to further comply with Section 401 of the Clean Water Act, the applicant must apply for 401 WQC from OEPA.

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 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, prehistoric, 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 located in the upper 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-2018-01102. 

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-2018-01102.

                                       Example: LRL-2018-01102 (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.