Public Notice River Road Louisville, Kentucky 40206

Transcription

1 Public Notice US Army Corps of Engineers Louisville District Public Notice No. LRL cat Date: 14 Feb 218 Closing Date: 16 Mar 218 Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Cody Thayer, CELRL-RDS, Rm 752 P.O. Box 59 Louisville, Kentucky Phone: This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 1 of the Rivers Act of 1899 and Section 44 of the Clean Water Act: APPLICANT: LOCATION: Nugent Sand Company 1833 River Road Louisville, Kentucky 426 The Project is located on the left bank of the Ohio River at Ohio River Mile 61.7 in Louisville, Jefferson County, Kentucky. Latitude: N Longitude: W Minute Quad: Jeffersonville PURPOSE: Control river bank erosion and protect river bank and barges from damage. DESCRIPTION OF WORK: The applicant proposes to install 27 linear feet of sheet piling wall parallel to the existing shore of the Ohio River. The piling wall would extrude to a maximum of 36 feet riverward at normal pool enclosing.14 acre of river and would be backfilled with 2,5 cubic yards of sand. The piling wall would extend to a height of 433 feet amsl or 13 feet above normal pool (42 ft). The project would also include 51 linear feet of bank stabilization, requiring 1 cubic yards of rip rap, downstream of the piling wall to protect adjoining properties. AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: No mitigation proposal has been submitted as part of this application. 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 1

2 Regulatory Division South Branch Public Notice No. LRL cat order to comply with Section 41 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 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 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 Public Law as amended (including Public Law ). 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 (4 CFR Part 23) promulgated by the Administrator, United States Environmental Protection Agency, under authority of Section 44(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 andor 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 2

3 Regulatory Division South Branch Public Notice No. LRL cat 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 All comments regarding this proposal should be addressed to Mr. Cody Thayer, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL cat. If you desire to submit your comments by , you must comply with the following: a) In the subject line of your , type in ONLY the Public Notice ID No. LRL cat Example: Subject: LRL cat b) Provide your physical mailing address and telephone number. c) Send your to: lrl.regulatorypubliccomment@usace.army.mil d) If you are sending attachments greater than 1 Mb in size with your , you must send a hard copy (CD or paper) to the Corps physical address as well. 3

4 "p COE PUBLIC NOTICE LRL Sheet 1 of 4 - d 6 A P 38 15' N (2 ) d 6 ( 1 ) L O U I S V I L L E FAL LS OF THE OH IO 65 U P P E R G A T E S MAT C H L I NE CH A RT 8 5 C L A R K S V I L L E "# 65 ZZZ 38 17' N "p 85 45' W I N D I A N A C L A R K C O U N T Y T O W H E A D I S L A N D 85 43' W A PLACE MARINA SAND CO. COMMERCI AL BARGE LINE MARATHON ASHLAND OIL K RIVER PARK B COLGATE PALMOLIVE CO. INTAKE L NUGENT C BUCKHEAD MOUNTAIN GRI LL M AMERICAN % 85 44' W D JEFFERSONVI LLE RIVERSTAGE E F S A I L I N G L I N E 85 42' W 38 18' N N KINDER MORGAN JEFFBOAT, I NC. O CONSOLIDATED GRAIN & BARGE KAYROUZ BOAT STORAGE P RIVER ROAD TERMINAL G LG&E I NDUSTRIAL INTAKE Q MARINE SALES & SERVICE H BELLE OF LOUISVILLE R LOUISVILLE WATER CO. MUNICIPAL INTAKE A I JOE'S CRAB SHACK (S EE NO TE A) S KINGFI SH RESTAURANT J COAST GUARD BOAT FACILITY B ( 52) T LOUISVILLE METRO POLICE MONITORS CH. 13 & 16 RIVER PATROL HEADQUARTERS (52) MON ITORS CH. 13 & 16 C RES TRICTE D A RE A G 64 H 2 I 63 3 D 62 E PROJECT D EP TH M cal P I NE POOL EL EV. 42. T RES TRICTE D A RE A (S EE NO TE B ) 61 4 K L M N O P Q p RES TRIC TED A RE A NOTE A: TI TLE 33 CODE OF FE DE RA L RE GULATIONS, S E CTION OH IO RIV E R AT LOUI SV I LL E, K Y ; RE GU LATED NAV IGATI ON A RE A : (a ) TH E FOL LOWING I S A RE GULATED NAVI GATION AR EA : THE WATE RS S O U T H F O R K B E A R G R A S S OF THE OHI O RIV ER FROM CLA RK ME MOR IAL B RIDGE AT M IL E 63.5, C R E E K DOWNS TRE AM TO M ca LP IN E D AM AT MIL E 64.4 (b ) TH E GE NE RA L RE GUL ATIONS GOVE RNI NG RE GULATED NAV I GATION AR EA S K E N T U C K Y CONTAIN ED IN 33 CFR PART 16 5, SUB PA RT B AP P LY. J E F F E R S O N C O U N T Y ( c ) N O VE S SE L S HA LL BE OPER ATE D W ITHI N THE REGU LATE D N AV IGATI ON A RE A AT ANY T IME WITHOUT THE PERMISSION OF THE CAPTAIN OF PORT, L OU IS VI LLE, K Y EX CE PT I N CA SE OF E M ERGENCY A ND FOR PA SS A GE THROUGH McAL P I NE LOCK S. NOTE B : VE SS E L TRAFFI C S ERV ICE L OU ISV IL LE (VTSL ) TH E VTS L AR EA CONSI STS OF THAT S EC TION OF THE OHIO R IVE R J " 38 16' N R "p F S 85 43' W "p "p "p ³ L O U I S V I L L E BE TWE E N M ca LP INE L OCKS (M ILE 6 6. OHI O RIV E R) A ND TW ELVE 1 CLARK MEMORIAL HIGHWAY BRIDGE (US 31E) O H I O R I V E R MIL E ISL AN D (MI LE OHI O RIV ER ) ONLY AT S UCH TIM E WH EN TH E McAL PI NE UP PE R P OOL GAGE I S AT 1 3. FE ET OR AB OVE. 1, 2, 4, Fee S C A L E : 1 " = 2 ' R E V I S E D : 2 JFK MEMORIAL HIGHWAY BRIDGE (I -65) VE SS E L TRAFFI C S ERV ICE L OU ISV IL LE ( V TSL ) MA INTA INS A LIS TEN ING GUA RD ON CHA NNE L 13 ( M Hz). 3 BIG FOUR RAI LROAD BRIDGE t VE SS E LS A RE RE QUIRE D TO REP ORT 15 MIN UTES P RIOR TO ENTE RIN G THE V TS L ARE A. THIS RE PORT IS A LS O RE QUIRE D OF VE SS E LS GETTI NG UND ERWAY WITHI N THE VTS L A RE A. 4 AERIAL POWER LINES VC 96.2 P.P. CHART OHW M A R NO. 86 M A T C H L I N E C H A R T ' N 85 41' W

5 Piling wall v v v v v Limit of work Pilling to be natural extension of shoreline and to serve as erosion control device. Wall will extend 36' from pool at its widest point. N normal... ~ Ex. 26'D Cell (DA permit # rev ) Ohio River,.. ' \ \ COE PUBLIC NOTICE LRL Sheet 2 of 4 - ~ Sand to be used for fill 5' contour interval - ' ~ Area to be rip-rapped to protect adjoining properties Nugent Sand Company Proposed extension of existing dock... \river road\piling plan RR.dgn Jan. 17, :1 :41 1" 5 '

6 44 43 c > Q) w Profile Window ** Distance from where normal pool meets the shore to where the wall extends out in to the river at this section. The maxim um distance it extends out is 36' - ~48'~ ~29'~ ** 13' Total height of wall to be 35-5' Top of wall amsl Piling wall to be driven to refusal. We expect this to be 15' -3' Normal Pool 42' amsl Area to be filled with sand Existing shoreriver bot tom Station Section A-A.. \river road\piling plan RR.dgn Jan. 17, :9:33 I") Nugent Sand Company Proposed extension of existing dock 1" = 5' H 1" 1' v COE PUBLIC NOTICE LRL Sheet 3 of 4 -

7 JeffBoat < a cross r i ver) flow Proposed dock extension Approx.42 Cu Yds Fill Ohio River Mlle LDB Louisiana Dock company llc N River Metals E~a Bandman Park <City of Louisville) Adjoining owners l)j ef fboa t 13 E Market street Jeff er son ville, In > City of Louisville 3) River Metals 245 River Road Louisville Ky 426 4) Louisiana Dock Co. LLC 231 Rive Road Louis ville Ky \river road\piling plan RR.dgn Jan. 17, :7:48 Nugent Sand Company Proposed dock extension 1" 2' COE PUBLIC NOTICE LRL Sheet 4 of 4 -