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DESCRIPTION OF WORK: The proposed project would consist of the installation of a permanent floating pleasure craft dock, floating restaurant, and associated service vessel. The floating restaurant/headboat would be 120 foot long by 42 foot wide. The floating dock would be 700 foot long by 12 foot wide. The floating restaurant would be connected to the floating dock by an 80 foot long by 7 foot wide access ramp. The floating restaurant would have two ADA compliant gangways to access the restaurant and dock from the river bank. The floating restaurant/headboat would be secured with 2 spud poles (24-inch diameter maximum) and riverbed mooring loops. The floating dock would be secured with 3 spud poles (24-inch diameter maximum). The proposed facility would have a maximum riverward projection of no more than 183 feet from the ordinary high-water elevation of 467.7 Ohio River Datum. The maximum riverward projection was assessed at the riverward spud pole at the point where the dock transitions to an access ramp connected to the headboat.
The facility would have sanitary, electric, and water connections to the bank. The headboat would have a sanitary holding tank below the main deck and there would be a single sanitary pump out station on the terminal end of the dock to service vessels. The current design has a restaurant capacity of 200 and will have restrooms designed to accommodate this capacity. The dock is currently designed to facilitate 42 private vessels with 2 additional mooring locations for safety vessels. The dock would accommodate vessels up to 25 foot long on the landward dock side (approximately 25 berths) with larger vessels moored on the riverward dock side (17 berths). The gangway design is subject to change pending coordination with the City of Cincinnati regarding the confirmation of both utility connections and available anchorage/infrastructure. The areas under the planned gangways with associated utility connections would be restricted for navigation access and marked with buoys.
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 Ohio 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 Ohio Environmental Protection Agency (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. 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. 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 Cody Thayer, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2021-00553. 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-2021-00553. Example: Subject: LRL-2021-00553 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