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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: Nucor Steel Gallatin, LLC
4831 U.S. Route 42
Ghent, Kentucky 41045
LOCATION: The project is located on the Left Bank (LB) of the Ohio River at Mile Marker (MM) 534.5–535.4 at 4831 U.S. Route 42 in Ghent, Gallatin and Carroll Counties, Kentucky.
7.5 Minute Quad: Vevay North, Indiana
PURPOSE: To update various historical Department of the Army (DA) permit authorizations for river infrastructure and to construct a new keyway cell cluster to improve material handling efficiency.
FACILITY HISTORY: The applicant operates a steel coil manufacturing facility that includes a variety of river infrastructure located along 5,085 feet of riverfront. Various DA permit authorizations have been issued for this facility. Original authorizations and periodic modifications and maintenance permits date back to at least 1974. While general operations at the facility remain consistent with the authorizations, some operational specifics need to be better memorialized. This review seeks to consolidate and supersede these previous authorizations pertaining to the river infrastructure at the facility with a singular DA permit authorization. Though likely assumed in past authorizations, vessel numbers and configurations for the fleeting areas have not been specifically authorized. This review seeks to properly evaluate and document the fleeting areas and docks. In addition, the applicant proposes to construct a new dock, referred to as the Keyway.
DESCRIPTION OF WORK: Located at the upriver end of the facility is the Direct Reduced Iron (DRI) terminal and fleet, referred to as the DRI Dock Area. This terminal is for the offloading of DRI for the purpose of processing at the landward steel coil facility, and for fleeting of barges. The DRI Dock Area has an existing super-barge that is a 60-foot-wide and 330-foot-long floating dock secured to the two (2) 23-foot cells that have a maximum height of elevation 460 feet mean sea level (Ohio River Datum), labeled Cells 1 and 2. The floating dock is secured to the cells utilizing 1½ -inch to 2-inch SSR-301R line and D-rings. Located on the floating dock is a loading hopper and, projecting landward, is a 250-foot-long conveyor that connects to dry land on the facility. The applicant proposes to secure one (1) barge to the riverward side of the DRI floating dock for the unloading of iron. Also, located immediately downriver of the DRI floating dock are four (4) existing tripod dolphins with a maximum height of elevation 470 feet mean sea level (Ohio River Datum). The applicant proposes to secure 20 barges in total to these tripod dolphins. There would be 16 barges configured 4 wide and 4 long riverward of Dolphins 1-4 and 4 barges configured 1 wide and 4 long landward of Dolphins 1-4. The DRI Dock Area would have in total 22 barges, a fleet of 20 barges, and one (1) barge secured to one (1) super-barge. These vessels would all be secured to existing infrastructure utilizing 1 ¼-inch to 2-inch SSR-301R line along 1,158 feet of the riverbank that would have a maximum riverward projection of 320 feet from the ordinary high water elevation of 441 mean sea level (Ohio River Datum).
Located 728 feet downriver from the DRI Dock Area is the Middle Fleet Area. The existing infrastructure includes two (2) tripod dolphins, Dolphins 5 and 6, with a maximum height of elevation 470 feet mean sea level (Ohio River Datum). The applicant proposes to secure a fleet of 12 barges configured 4 wide and 3 long to these dolphins. These vessels would all be secured to existing infrastructure utilizing 1 ¼-inch to 2-inch SSR-301R line along 585 feet of the riverbank that would have a maximum riverward projection of 361 feet from the ordinary high water elevation of 441 mean sea level (Ohio River Datum).
Located 225 feet downriver from the Middle Fleet Area is the Keyway Area. The existing infrastructure includes five (5) 18.5-foot mooring cells (labeled Cells 3-7) with a maximum height of elevation 470 mean sea level (Ohio River Datum) generally situated every 195-200 feet along 780 feet of riverbank. The applicant proposes to secure 20 barges in total to these cells. There would be 16 barges configured 4 wide and 4 long riverward of Cells 3-7 and 4 barges configured 1 wide and 4 long landward of Cells 3-7. These vessels would all be secured to existing infrastructure utilizing 1 ¼-inch to 2-inch SSR-301R line along 780 feet of the riverbank that would have a maximum riverward projection of 375 feet from the ordinary high water elevation of 441 mean sea level (Ohio River Datum).
In addition, the applicant proposes to construct a new loading dock, referred to as the Keyway, for the sole purpose of the export of steel coils. The Keyway would be located landward of Cells 5 and 6. The new loading dock, referred to as the Keyway, would involve the construction of two (2) tripod dolphins, labeled Dolphins 7 and 8, located immediately landward of Cells 5 and 6 respectively; and the construction of one large cell (Keyway) comprised of three (3) 40-foot diameter cells with a connecting apron to make up one large cell. The construction of the Keyway would result in the discharge of a total of approximately 7,810 cubic yards of rock while concrete would cap the Keyway. Also, 2,800 cubic yards of rip-rap would be discharged at the base the Keyway on the river floor. In total, 10,610 cubic yards of material would be discharged into the Ohio River, impacting 0.41 acres, for the construction of the Keyway. The Keyway would have a maximum height of 463.5 mean sea level (msl) Ohio River Datum. The applicant proposes to moor one (1) material barge between Dolphins 7 and 8 and the Keyway, securing the barge to Dolphins 7 and 8 and the Keyway utilizing 1 ¼-inch to 2-inch SSR-301R line. In addition, the applicant requests authorization to clamshell dredge 1,800 cubic yards of material (0.31 acre) of the river bottom to elevation 410 mean sea level (Ohio River Datum) in the general vicinity of Cell 5 and Dolphin 7 for vessel navigation clearance. The spoil material would be transported via truck to an existing contained upland spoil area located on the landward facility property.
The Keyway would have a vehicle access ramp landward, and a crane would be fixed to the top of the Keyway while a boom would be used to transfer steel coils from trucks into barges. The Keyway would be utilized for the export of steel coils.
Located landward and downriver of the Keyway is a crane-mounted floating dock comprised of two barges with a total size of 50 feet wide and 440 feet long, secured by three spud poles located landward between Cells 7 and 8. Currently, large trucks or trailers transport steel coils, each weighing 25 tons, from the land-based manufacturing facility, 1.75 miles west to a crane-mounted floating dock. Once transported onto the floating dock, the steel coils are unloaded via crane onto an empty barge moored between Cell 7 and the dock for export. In addition, the floating dock is used to unload imported scrap steel and raw materials onto trucks to be transported into the facility for processing. The full scrap-metal barges are moored to the riverward side of the dock for unloading. A 53-feet long x 23-feet wide ramp, which facilitates truck and personnel ingress/egress onto the floating dock, is pin-connected to the super-barge dock and rests on a 3-feet deep concrete slab on land. The applicant requests authorization to switch positions of the super-barges that make up the floating dock. These barges would be switched and shifted downriver by 145 feet but remaining landward between Cells 7 and 8. The dock would continue to be secured by three spuds on the landward face of the floating dock. The applicant proposes to moor one (1) scrap-filled material barge on the riverward side of the floating dock to be emptied, as well moor one (1) 25-ft x 15-ft rescue dock barge and one (1) 50-ft x 25-ft maintenance dock barge to the downriver end of the floating dock. Five (5) vessels in total would be secured to existing infrastructure utilizing 1 ¼-inch to 2-inch SSR-301R line along 490 feet of the riverbank riverward of Cells 7 and 8. This area would be used solely for scrap offloading for processing on the landward facility.
Located 410 feet downriver of Cell 7 is the Lower Fleeting Area. The existing infrastructure includes five (5) 18.5-ft diameter cells, Cells 8-12, with a maximum height of elevation 470 feet mean sea level (Ohio River Datum). A total of 42 barges, arranged in two sets, are permitted to be moored from Cells 8-12. The permitted configuration of the first set is 9 barges long and 3 barges wide moored outside (riverward) of the cells, while the second set is permitted to be moored inside (landward) and downriver of Cell 12, and secured downriver to moored barges, with a configuration of 5 barges long and 3 barges wide.
The applicant proposes to moor 24 barges to Cells 8-12, configured 4 barges wide and 6 barges beginning at Cell 8 and downriver, past Cell 12 on the riverward side of the cells. In addition, 12 barges would be moored to Cells 8-12, configured 2 barges wide and 6 barges long, on the landward face of Cells 8-12, beginning at Cell 8 and downriver, past Cell 12. These vessels would all be secured to existing infrastructure utilizing 1 ¼-inch to 2-inch SSR-301R line along 1,170 feet of the riverbank that would have a maximum riverward projection of 456 feet from the ordinary high water elevation of 441 mean sea level (Ohio River Datum).
The proposed river facility would run along 5,085 feet of the riverbank and have a maximum riverward projection of 456 feet from the ordinary high watermark (OHW) elevation of 441 msl Ohio River Datum.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: No mitigation has been proposed by the applicant. 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. 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 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-Columbian, 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. 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 Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-1995-01060.
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-1995-01060.
b) Provide your physical mailing address and telephone number.
c) Send your email to: email@example.com
d) If you are sending attachments greater than 10 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.