Illinois
LRL-2019-288 LRL-2018-602 LRL-2018-156 Amended LRL-2018-156 LRL-2017-108 LRL-2017-812 LRL-2017-812 LRL-2006-635 LRL-1961-14-C LRL-2013-907 LRL-2014-5-2 LRL-2011-3
LRL-2011-6
LRL-2012-5-2
LRL-2012-5-3
LRL-2012-5-4
LRL-2013-5-1
Ohio
LRL-2018-642 2016-03-LRD LRL-2014-5-2 LRL-2012-5-4
LRL-2011-3
LRL-2018-988 LRL-2018-1087 LRL-2018-00988 LRL-2019-454 LRL-2018-107 LRL-2016-481 LRL-2015-65 LRL-2018-00071 LRL-2018-446 LRL-1998-01842 LRL-2016-481 LRL-2002-521 LRL-2016-46 LRL-2018-75 LRL-2018-74 LRL-2018-72 LRL-2018-70 LRL-2018-831 LRH-2018-00738 LRL-2018-785 LRL-2018-784 LRL-2018-00073 LRL-2018-00461 LRL-2014-100 LRL-2017-00798 LRL-2017-660 LRL-2017-00028 LRL-2017-632 LRL-2014-408 LRL-2017-1190 LRL-2010-683 LRL-2017-54 LRL-2014-408 LRL-2017-292 LRL-2017-00092 LRL-2017-418
LRL-2013-444b LRL-2015-59 LRL-1976-10045 LRL-2016-00272 LRL-2012-45 LRL-2016-00006 LRL-2016-46 LRL-2016-00006 LRL-2014-798 LRL-2004-324 | LRL-2015-578 LRL-2015-400 LRL-2009-1210-c LRL-2011-6 LRL-2014-648
LRL-2019-930 LRL-1999-289 LRL-2012-24 LRL-2019-444 LRL-2019-835 LRL-2019-404 LRL-2019-444 LRL-2019-282 LRL-2019-764 LRL-2019-749 LRL-2019-752 LRL-2019-769 LRL-2019-513 LRL-2019-496 LRL-1981-65 LRL-2019-328 LRL-2016-1036 (2) LRL-2013-84 LRL-2019-68 LRL-2013-00085 LRL-2018-1040 Extension LRL-2018-1040
LRL-2014-00209 LRL-2018-1102 LRL-1999-289 LRL-2018-632 LRL-2017-724
LRL-2018-691 LRL-2003-1473 LRL-2018-265 LRL-2018-642 LRL-2016-853 LRL-2014-859 LRL-2018-465 LRL-2017-104 LRL-2012-24 LRL-2010-325 LRL-2013-86 LRL-2018-246 LRL-2018-43 LRL-2018-321 LRL-2018-294 LRL-2016-1083 LRL-2017-899 LRL-1962-17 LRL-2017-879 LRL-2017-19 LRL-2014-00500 LRL-1981-90070 LRL-2017-612 LRL-2016-00148 LRL-1976-13 LRL-2017-292 LRL-2006-635 LRL-2017-496 LRL-2017-565 LRL-2017-724 LRL-2017-768 LRL-2017-104 LRL-2017-708 LRL-2013-00143 LRL-1976-10045 LRL-1993-1023 LRL-2017-365 LRL-2015-329 LRL-2017-269 LRL-2017-273 LRL-2017-274 LRL-2016-00006 LRL-2013-00091
LRL-2012-646 LRL-2010-325 LRL-2016-808 LRL-2016-00006 LRL-2005-197 LRL-2015-868 LRL-2015-558-2 LRL-2014-374 LRL-1981-00042 LRL-2004-1506 LRL-2015-785 LRL-2009-358 LRL-2015-684 LRL-2015-225 LRL-2008-642 LRL-2013-83 LRL-2015-645 LRL-2014-664 LRL-2015-558 LRL-2009-127 LRL-2015-282 LRL-2015-417 LRL-2011-707-b LRL-2014-665 LRL-2013-448 LRL-2014-617 LRL-2014-346 LRL-2013-272 LRL-2015-21 LRL-2014-927 LRL-2013-533 LRL-2014-5-2 LRL-2013-739 LRL-2010-323 LRL-2011-3 LRL-2011-6 LRL-2012-5 LRL-2012-5-3 LRL-2012-5-4
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: Nucor Corporation 1915 Rexford Road Charlotte, North Carolina 28211 AGENT: Burns & McDonnell Engineering Company, Inc. | 200 West Adams, Suite 1600 Chicago, Illinois 60606 LOCATION: Ohio River, left bank at mile 644.7, unnamed tributaries of Ohio River and Flippins Run, and adjacent wetlands on a 550-acre site located northwest of the intersection of Buttermilk Falls Road and Olin Road in Brandenburg, Meade County, Kentucky Latitude: 38.004858° N Longitude: 86.141875° W 7.5 Minute Quad: Mauckport, Kentucky PURPOSE: To construct a new steel plate mill and associated barge terminal. EXISTING CONDITIONS: The project site consists of approximately 550 acres of land along the left bank of the Ohio River designated by Meade County, Kentucky as the Buttermilk Falls Industrial Park. Current land use on the site consists primarily of agricultural fields with undeveloped portions of the site consisting of forested habitat, open field habitat, streams, and wetlands. The project site contains 4,800 linear feet (lft) of Ohio River shoreline, 7,715 lft of perennial stream, 8,061 lft of intermittent streams, 6,917 lft of ephemeral streams, and 47.6 acres of wetlands. DESCRIPTION OF WORK: The applicant proposes to construct a new steel plate mill that would produce rail, wind turbines, high mast utility poles and transmission towers, bridges, pipe/tube, construction and mining equipment, infrastructure, and storage tanks. The proposed development is comprised of a 1.5 million square-foot steel plate mill with multi-modal transportation infrastructure connections including a new barge terminal on the Ohio River. Development of the interior of the site would result in the discharge of dredged and fill material into 26.6 acres of jurisdictional wetlands and 10,386 lft of jurisdictional streams. Total impacts to the Ohio River for the barge terminal would be 35 acres of riverbank grading/dredging below the ordinary high water mark (OHWM) elevation of 399.1 feet Ohio River Datum (ORD). These impacts would include 0.1 acres of Ohio River open water, 4,100 lft of Ohio River shoreline for grading and bank stabilization post-grading, and 9.0 acres of fill below the OHWM for riverbank stabilization and mooring cells for barge fleeting. Construction of the barge terminal would include fleeting and mooring infrastructure which would include 9 new mooring cells, spaced approximately 200 feet (ft) apart on center to accommodate 20 barges fleeted in a 4 long x 5 wide configuration. Mooring cells would not extend more than 100 ft from the natural shoreline of the river at normal pool elevation (383.0 feet [ORD]), and 200 ft from the OHWM elevation. The mooring cells are anticipated to be 20 ft in diameter consisting of closed sheet piles vibrated in place into the substrate, and filled with 1,200 cubic yards of clean sand or crushed aggregate with a 3 ft concrete cap. The barges would have a maximum riverward projection of 450 ft at normal pool. Barges used during construction would be held in place by operating tow boats and the maximum riverward projection would be 375 ft at normal pool. The existing Consolidated Grain and Barge Company (CGB) riverport facility would be relocated. The only structures to remain from the riverport facility are the existing mooring cells in the Ohio River and the existing foundation supports from the conveyor system. The applicant would re-use these elements for construction of a new conveyor system that would allow off-loading of Direct Reduced Iron (DRI) from barges that would be carried to new storage bins on the property. The adjacent property to the east is owned by Monument Chemical (Monument). Monument’s parcels 16 and 17 encompass closed solid waste management unit (SWMU) 4. The applicant proposes to run a railroad line through SWMU 4 in order to connect to the rail spur on Monument’s property. The applicant would purchase the land containing SWMU 4 with known previous contamination (nitrates) under the protection of the Brownfield Redevelopment Program by the Kentucky Department of Environmental Protection. The existing wastewater treatment plant would not be impacted as part of this Project. The applicant proposes to grade 4,100 linear feet of riverbank to a 12% slope, removing 160,000 cy of material and stabilizing the bank with approximately 41,510 cubic yards of riprap below the OHWM. A total of 48,480 cubic yards of riprap would be placed along the bank of the Ohio River. Approximately 2,872 cubic yards of concrete would be placed along the bank of the Ohio River, with approximately 1,000 cubic yards proposed below the OHWM, to construct two barge ramps to provide access to a permanent spud barge. One ramp would be 50 ft wide and the other would be 100’ wide and both ramps would be 12 inches thick. The ramps would extend to normal pool elevation. The spud barge would be 500 ft x 54 ft and move in and out of the bank with water level elevation. All excavated/dredged material would be used as fill in the interior portion of the site. Construction activities on the Ohio River would occur during low water level. To provide sufficient draft for barges at normal pool, the Ohio River would be dredged down to elevation 371.24 feet for approximately 4,100 lft along the left descending bank and extend 450 feet riverward at normal pool elevation. The applicant proposes to dredge 50,000 cubic yards of material annually for 10 years. The dredged material would be disposed of in a contained upland area or transported by barge to an approved off-site disposal area. Dredging would be conducted using either clamshell excavation or hydraulic suction dredging operated from barges anchored to the facility’s mooring structures. The proposed development of the site would require approximately 365 acres of land grading within the interior of the property to construct the facility and associated infrastructure including roads, rail, material storage areas (slag, scrap steel, DRI, etc.), and stormwater management infrastructure. These grading activities would permanently fill 5,154 lft (0.47 acre) of intermittent streams, 5,232 lft (0.12 acre) of ephemeral streams, and 26.5 acre of wetlands for a total of 27.2 acres of fill into “waters of the United States”. The majority of stormwater on the site would be collected and detained in two stormwater detention basins constructed near the north edge of the property. The detention basins would outlet into the Ohio River using buried pipes with flap gates and would discharge onto slopes protected with rock blanket to prevent erosion. Outlet control structures would be provided to allow shut-off and testing of water before discharging into the Ohio River. The detention basins would function as stormwater storage and sediment ponds. Detention basins would be drained and cleaned of sediment as needed, with sediment disposed off-site in appropriate waste landfills. A slag storage area would be constructed with berms around the perimeter to reduce stormwater infiltration. Any stormwater that enters the slag storage area would be piped to the detention basins. Detailed plans depicting the above-mentioned work can be provided upon request to this office. AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has indicated that they can avoid 1,685 linear feet of ephemeral streams, 2,907 linear feet of intermittent streams, 7,715 linear feet of perennial stream, 21.1 acres of wetlands, and 700 linear feet of Ohio River shoreline. To compensate for unavoidable impacts to 26.5 acres of wetland and 9,324 linear feet of intermittent and ephemeral streams, the applicant proposes to purchase credits from the Kentucky Department of Fish and Wildlife Stream and Wetland Restoration In-Lieu Fee Program. 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. 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 Corps is aware of multiple, previously identified cultural resources located within the proposed worksite. Additionally, a Phase I archaeological survey has been completed on areas not previously surveyed. The Corps will assess the identified cultural resources for National Register of Historic Places-eligibility. Any impacts on such properties will be evaluated and treated in accordance with Section 106 of the National Historic Preservation Act of 1966 -Public Law 89-665 as amended (including Public Law 96-515) and considered in making the final decision. 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 link located below in the left hand corner of this page titled "LRL-2019-444 Public Notice". All comments regarding this proposal should be addressed to Ms. Sarah Atherton, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-444-sea. 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-2019-444-sea.
Example: Subject: LRL-2019-444-sea 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.