This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 10 of the Rivers Act of 1899:
APPLICANT: Bob Childress
Yellow Banks River Terminals, LLC
6133 US 60 East
Owensboro, KY 42303
AGENT: Susannah Campbell
BFW Engineering & Testing
500 South 17th Street
Paducah, KY 42003
LOCATION: Yellow Banks River Terminal
6133 US 60 East
Owensboro, KY 42303
Left bank of the Ohio River at Mile 750.4 Latitude: 37.824527°
7.5 Minute Quad: Owensboro East
Increase fleeting capacity at an existing loading/unloading facility to meet market demand, and to authorize after-the-fact modification to the existing facility.
DESCRIPTION OF WORK:
Yellow Banks River Terminal, LLC proposes to construct two new fleeting areas at their existing loading/unloading facility. One fleet would be located on the left bank of the Ohio River at Mile 750.4 and used to moor loaded barges while the second would be located in a previously excavated embayment immediately upstream of the facility and would be used to moor empty barges. Loaded barges would store cargo to include fertilizer, coal, aluminum, ferro-alloy, and steel. Each fleet would hold a maximum of 18 barges (195 feet by 35 feet each) in a 6 wide by 3 long configuration, for a maximum foot print of 585 feet long by 210 feet wide. The total combined capacity of the two fleets would be 36 barges.
Three deadmen already exist on the bank of the Ohio River at the proposed location of the loaded barge fleet and would be utilized to moor the fleet. Three new deadmen are proposed to be installed 30 feet from the top of bank line adjacent to the empty barge fleet in the embayment to be utilized for mooring the empty fleet. Each deadman would consist of two lengths of #6 rebar encased in 10ft x 10ft wide, 10ft deep concrete. The rebar would be attached to a 2 ½” chain and attached to a float. Detailed designs of the deadmen designs are included in the attachments.
In review of the proposal, it was found that sometime in the past modifications to upland features at the facility authorized under DA permit ID# 1977-008 had occurred. As part of the proposal, designs for the facility would be updated and authorized in accordance with the Site Map dated November 5, 2019 included in the attachments.
The Corps will make a determination of appropriate mitigation, upon review of all submitted information.
A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied.
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 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 that may occur within the project area. 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 have been directly affected by the 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, 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.
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. Drawings are available on Louisville District's Internet site at http://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/. All comments regarding this proposal should be addressed to Matt Dennis, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-750-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-2019-750-mad.
b) Provide your physical mailing address and telephone number.
c) Send your email to: firstname.lastname@example.org
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.