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This notice announces an application submitted for a Department of the Army (DA) permit, subject to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
APPLICANT: Mulzer Crushed Stone, Inc.
534 Mozart Street
Tell City, Indiana 47586
LOCATION: Ohio River Mile 672.9 to 675.2, right descending bank, Leavenworth, Crawford County, Indiana and Meade County, Kentucky.
PURPOSE: To construct, maintain, and operate a limestone aggregate handling, loading, and fleeting river terminal.
DESCRIPTION OF WORK: The existing Mulzer Crushed Stone Inc.’s (Mulzer) Cape Sandy Quarry and River Terminal (Cape Sandy) has been in operation since the mid 1960’s. Since Cape Sandy’s inception, Mulzer has secured several DA Section 10 and Section 404 authorizations for the construction, modification, and maintenance of the terminal. The following DA authorizations have been issued for the facility: LRL-1964-00022 (initial construction), LRL-1995-01269 (fleeting modification), LRL-1990-10097 (fleeting modification), LRL-1991-1552 (fleeting modification), LRL-1998-00706 (maintenance dredging), LRL-1998-01647 (fleeting expansion), LRL-2013-00757 (fleeting and maintenance dredging), and LRL-2018-00070 (quarry operation).
If approved, this DA authorization would supersede all previous authorizations and consolidate the DA authorizations into this singular approval.
The present-day facility consists of a limestone aggregate quarry, materials yard for processing and staging of aggregate materials, three loading docks, and six fleeting areas authorized for mooring up to 125 loaded and/or unloaded barges in total. The current operation utilizes truck and shovel equipment to move, sort, and load the aggregate commodity from the quarry to the material stockyard, to the barges. The applicant is also authorized, with a 10-year maintenance dredging permit which expires on December 31, 2031, to remove approximately 1000 cubic yards of material from the terminal in river frontage for the purposes of maintaining adequate draft for boat and barge access.
CURRENT PROPOSAL UNDER REVIEW WITH THIS ANNOUNCEMENT - The proposed project includes the modernization of the upland facility in the material stockyard by replacing the material sorting and stockpiling truck shovel operation with network of hoppers and conveyors to more efficiently transfer the aggregate to designated areas in the yard and to the river loadout docks for loading onto barges.
With the upland upgrades, the three loadout docks would be upgraded and a fourth, new, “roll on roll off” (RORO) dock would be constructed.
Other ancillary features would also be upgraded including office facilities, maintenance building(s), and an upgraded wash plant.
The ordinary highwater mark (OHW) at Cape Sandy is 392.2’ Ohio River Datum (ORD). The Normal Pool (NP) for the Cannelton Dam Pool is 383.0’ ORD.
Upriver Barge Loadout - Right Descending Bank (RDB) Ohio River Mile (ORM) 673.7
The existing barge loading includes a permanent dock barge anchored with two deadman achors buried in the riverbank. The dock barge supports a material hopper and conveyor which transfers aggregate material from the materials yard onto moored material barges. The current approved configuration of the dock with the maximum number of barges moored at the dock, including the dock barge, is 2 long by 2 wide.
The current configuration consisting of one dock barge with fleeting for three adjacent
material barges will be retained. The positions of these barges will be slightly shifted as depicted
on the attachments. All proposed barges here would be 195-ft x 35-ft in size.
The two existing deadman anchors will be utilized to secure the new dock barge with 1-1/8-in wire rope. The dock barge is also proposed to have four spuds, each 18-inches in diameter. Two 12-ft diameter cells are proposed to be installed on the shoreward side of the dock barge which will support the barge loadout conveyor. The cells would each be filled with about 46 cubic yards of aggregate material. A vertical winch system would be utilized to raise and lower the conveyor to accommodate river stage variations. A new gangway will be constructed to allow pedestrian access to the dock barge by workers from the shore. A total of 181-LFT of Z-Type Sheet Piling would be constructed and backfilled with clean stone behind which column supports for the barge loadout conveyors will be constructed above the OHW mark. To comply with Mine Safety and Health Administration (MSHA) safety requirements, an approximate 4-ft tall aggregate safety berm will be placed and maintained around the perimeter of the sheet piling, also above the OHW mark.
The maximum riverward projection of this dock with the maximum number of barges moored at NP would be about 178’.
Down River Barge Loadout – RDB ORM 673.9
The current configuration here consists of one dock barge with fleeting for a maximum of four
adjacent material barges arranged in a 2 wide by 2 long configurations. This location presently utilizes a ramp configuration situated upon the existing dock barge onto which quarry trucks back onto to unload aggregate directly to material barges.
Three existing deadman anchors would be utilized to secure the new dock barge with 1-1/8-in wire rope. The proposed dock barge is also proposed to be anchor with four spuds, each 18-inches in diameter. Two 12-ft diameter cells are also proposed to be installed on the shoreward side of this dock barge which would support the barge loadout conveyor. The cells would each be filled with about 46 cubic yards of aggregate material. A vertical winch system will also be utilized to raise and lower the conveyor to accommodate river stage variations.
A new gangway will be constructed to allow pedestrian access to the work barge by workers from the shore. A total of 196-LFT of Z-Type sheet piling will be constructed and backfilled above the OHW with clean stone on the shore behind which column supports for the barge loadout conveyors would be constructed. To comply with MSHA safety requirements, an approximate 4-ft tall aggregate safety berm will be placed and maintained around the perimeter of the sheet piling, also above the OHW mark.
A maximum of four material barges are proposed to be moored to the dock barge at one time and would be configured in a 2 wide by 2 long configuration. Two tugs will also be moored on the downstream end of the dock barge as shown on the attachments.
The maximum riverward projection of this dock with the maximum number of barges moored at NP would be about 172’.
Truck Loadout – RDB ORM 674.4
The existing river access point would be repurposed to allow for on demand barge loading via quarry truck when needed. The existing 195-ft x 50-ft dock barge with truck ramp would be relocated from the existing Down River Barge Loadout facility to this location. The proposed configuration for the truck loadout would be consistent with what is currently approved which would include the dock barge and the mooring of one adjacent material barge (195-ft x 35-ft).
This existing loadout consists of an aggregate access roadway/ramp which would be improved. Existing deadman anchors would be utilized to secure the dock barge with 1-1/8-in wire rope.
A three-tiered dock configuration would be constructed at elevations 395-ft, 405-ft, and 415-ft NAVD 1988. The dock barge with truck ramp would be repositioned to the appropriate tier based on fluctuations in river stages to allow for aggregate loading to the material barge.
The existing aggregate drive would connect to a proposed pad elevation 410-ft NAVD 1988 to which the three elevation tiers will transition. Trucks will make their way from the stockpile yard to pull onto the pad and then back onto the appropriate location tier for unloading. A total of 492-LFT of Z-Type sheet piling with clean stone backfill would be constructed here, some of which would occur below the OHW. To comply with MSHA safety requirements, an approximate 4-ft tall aggregate safety berm will be placed and maintained around the perimeter of the sheet piling, also above the OHW mark. Approximately 155 cubic yards of clean aggregate fill would be placed below the OHW behind the sheet pile wall.
ROLL-ON-ROLL-OFF (RORO) – RDM ORM 674
A proposed RORO dock would be constructed immediately downstream of the down-river barge loadout area. This area has been previously disturbed. If approved, a single non-permanent barge would be allowed to tie off for the occasional (estimated 1 to 2 times per month) transfer of large equipment that cannot be easily transported via existing county roads that lead to Cape Sandy into and out of the facility.
The RORO dock would be developed by placing 160-LFT of Z-Type sheet piling with clean stone backfill, partially below OHW. About 40 cubic yards of aggregate fill would be placed below the OHW behind the piling wall. Three barge mooring rings will be utilized on the face of the wall for temporarily securing a cargo barge (195- ft x 35-ft). An approximate 4-ft tall aggregate safety berm will be placed and maintained around the perimeter of the sheet piling per MSHA requirements.
The maximum riverward projection of this dock with the maximum number of barge moored at NP would be about 230’.
Fleeting – RDB ORM 673.2 – 673.4
The applicant is requesting authorization to construct 2 additional fleets. Fleeting Area 1 and Fleeting Area 2, as well as a mooring cell for Fleeting Area 3. These fleets and structures were previously approved under DA authorization LRL-2013-00757, however, that DA authorization has expired prior to construction of these 2 proposed fleets.
Fleeting Area 1, ORM 672.9 – 673.1, would include the construction of a 35-foot diameter cell and 3 quad tie dolphins. The cell would be filled with 762.5 cubic yards of aggregate fill materials. A 25-barge fleet would be moored to these structures in a 5 wide by 5 long configuration. The maximum riverward projection of this fleet at NP would be 246’ ORD.
Fleeting Area 2, ORM 673.3, would include the construction of two 24-foot diameter cells and 1 quad tie dolphin. The cells would be filled with about 359 cubic yards of aggregate fill materials each. A 7-barge fleet would be moored to these structures in a 3 wide configuration with the length of the fleet increasing across the width riverward from 1 barge, 2 barge, to 4 barges long most riverward. The maximum riverward projection of this fleet at NP would be 178’ ORD.
At ORM 673.4, the applicant is also requesting approval to construct a 35-foot diameter cell at an existing fleet, Fleeting Area 3. The cell would be filled with 762.5 cubic yards of aggregate fill materials.
Piles for the cells and quad ties would be driven to 55’ below normal pool or to refusal.
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. Coordination with Indiana State Historic Preservation Office, Division of Historic Preservation and Archeology (DHPA) has been completed between the applicant, the Corps and DHPA regarding Peckinpaugh and Sheckell Cemeteries. If we are made aware of further resources or concerns, 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 George DeLancey, CELRL-RD-MCE at the address noted above and should refer to the Public Notice Number LRL-2023-00419-GJD.
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-2023-00419-gjd. Example: Subject: LRL-2023-00419-gjd
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.