Public Notice. US Army Corps of Engineers Louisville District

Transcription

1 US Army Corps of Engineers Loisville District Pblic otice Pblic otice o. Open Date: Close Date: LRL mdh 22 Apr May 216 Please address all comments and inqiries to: U.S. Army Corps of Engineers, Loisville District ATT: Mr. Michael Hasty, CELRL-OPF-S, Rm 752 P.O. Box 59 Loisville, Kentcky Phone: This notice annonces an application sbmitted for a Department of the Army (DA) Permit, sbject to Section 44 of the Clean Water Act: APPLICAT: AGET: LOCATIO: Kentcky Power dba American Electric Power 1 Riverside Plaza Colmbs, Ohio URS Corporation 525 Vine Street, Site 18 Cincinnati, Ohio ephemeral, 1 intermittent and 2 perennial stream channels, 3 wetlands and 1 open-water located on the 1,825-acre Big Sandy Power Plant located near the City of Loisa in Lawrence Conty, Kentcky. Latitde: 38º-1'-48" () Longitde: 82º-37'-59" (W) 7.5 Minte Qad: Fallsbrg and Prichard, KY PURPOSE: Coal ash storage pond closre. DESCRIPTIO OF WORK: The applicant plans to decommission its Big Sandy Plant, located on the west bank of the Big Sandy River in Lawrence Conty, Kentcky, converting it to a natral gas facility in 216. As a reslt, the applicant wold no longer need to wet-slice coal ash waste at the nearby Big Sandy Fly Ash Pond (Pond). Per federal reglations for wet coal combstion reside (CCR) impondments, the applicant plans to close the Pond by capping the ash in place. As a reslt of this proposal, 3,218 linear feet of forty (4) stream channels and.29 acres of three (3) wetlands and.1 acres of one (1) open water wold be impacted. The 4 stream channels are comprised of 28 ephemeral channels (1,413 linear feet), 1 intermittent channels (1,125 linear feet) and 2 perennial channels (68 linear feet). Specifically, the existing fly ash pond wold be graded and filled as part of a cap system. To install this system, 7.4 cbic yards of earthen material (on-site excavated) wold be sed to fill 2,376 linear feet of 38 stream channels otside the normal pool elevation of the Pond (i.e., the cap system wold raise the grade of the existing Pond and extend into the lower reaches of these channels). Frther, the Pond s existing dam and saddle dam wold be excavated and

2 Operations Division Reglatory Branch (Soth) Pblic otice o. LRL mdh replaced, reslting in.29 acre of impacts to three (3) wetlands and 842 linear feet of two (2) stream channels. An estimated 15.9 cbic yards of earthen material and concrete wold be sed to fill these waters. Finally, throgh the excavation of borrow material needed for the cap system,.1 acre of one (1) open-water wold be impacted (see Figres 1-2, attached). AVOIDACE, MIIMIZATIO, AD MITIGATIO MEASURES: The applicant also considered two other design alternatives, both of which wold have reslted in increased impacts to waters of the United States (U.S.) ; therefore, throgh the evalation of these alternatives, the applicant was able to minimize impacts to waters of the U.S. However, to achieve the stated prposes, additional avoidance and minimization measres were not considered practicable by the applicant. To mitigate for the remaining navoidable stream impacts, the applicant proposes on-site permittee responsible mitigation throgh the creation of 1,45 linear feet of intermittent stream channel. Frther, 7,25 linear feet of ephemeral stream channel wold be restored (see Figre 3). With regard to the proposed impacts to wetlands, the applicant proposes on-site permittee responsible wetland mitigation throgh the preservation of five (5) wetlands totaling 1.32 acres located along Blane Creek (see Figre 3). In addition, the applicant proposes a monitoring plan with performance standards, a maintenance plan and a long term management plan inclding a site protection instrment and financial assrances. Additional information on the details of the mitigation plan or the proposal in general may be obtained by reqest from this office. It is noted that this proposed mitigation plan is open to comment and sbject to change. The Corps will make a determination of appropriate mitigation, pon review of all sbmitted information. REVIEW PROCEDURES: A DA Permit cannot be issed if any legally reqired Federal, State, or local athorization or certification is denied. A DA permit, if otherwise warranted, will not be issed ntil a State of Kentcky Water Qality Certification or waiver is on file at this office. In order to comply with Section 41 of the Clean Water Act, the applicant mst apply for State certification from the Kentcky 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 nder the Endangered Species Act, and therefore, initiation of formal consltation procedres with the U.S. Fish and Wildlife Service is not planned at this time. 2

3 Operations Division Reglatory Branch (Soth) Pblic otice o. LRL mdh Any person may reqest, in writing, within the comment period specified in this notice, that a pblic hearing be held to consider this application. A reqest for a pblic hearing mst state the specific interest which might be damaged by issance of the DA Permit. The decision whether to isse a permit will be based on an evalation of the probable impact of the proposed activity on the pblic interest. That decision will reflect the national concern for both protection and tilization of important resorces. The benefits which reasonably may be expected to accre from the proposal mst 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 vales, general environmental concerns, historic vales, fish and wildlife vales, flood damage prevention, land se, navigation, recreation, water spply, water qality, energy needs, safety, food prodction, and in general, the needs and welfare of the pblic. In addition, the evalation of the impact of the activity on the pblic interest will inclde application of the gidelines (4 C.F.R. Part 23) promlgated by the Administrator, United States Environmental Protection Agency, nder athority of Section 44(b) of the CWA. The Corps of Engineers is soliciting comments from the pblic; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evalate the impacts of this proposed activity. It is presmed 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 isse, modify, condition or deny a permit for this proposal. To make this decision, comments are sed to assess impacts on endangered species, historic properties, water qality, general environmental effects, and the other pblic interest factors listed above. Comments are sed in the preparation of an Environmental Assessment and/or an Environmental Impact Statement prsant to the ational Environmental Policy Act. Comments are also sed to determine the need for a pblic hearing and to determine the overall pblic 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 reqest. Any objections which are received dring this period will be forwarded to the applicant for possible resoltion before the determination is made whether to isse or deny the reqested DA Permit. A permit will be granted nless its issance is fond to be contrary to the pblic interest. Information pertaining to this application is available for pblic examination dring normal bsiness hors pon prior reqest. Drawings are available on Loisville District's Internet site at 3

4 Operations Division Reglatory Branch (Soth) Pblic otice o. LRL mdh All comments regarding this proposal shold be addressed to Mr. Michael Hasty, CELRL-OPF-S at the address noted above and shold refer to the Pblic otice mber LRL mdh. If yo desire to sbmit yor comments by , yo mst comply with the following: a) In the sbject line of yor , type in OLY the Pblic otice ID o. LRL mdh. Example: Sbject LRL mdh b) Provide yor physical mailing address and telephone nmber. c) Send yor to: d) If yo are sending attachments greater than 1 Mb in size with yor , yo mst send a hard copy (CD or paper) to the Corps physical address as well. 4

5 i LEGED CJ AEP Property Bondary r L Big Sandy Plant Bondary j State Bondary 2, 4, Scale in Feet BASE MAP SOURCE: ArcGIS Online World Imagery Fallsbrg. KY; Prichard, KY 7.5' USGS Topographic Qadrangles Big Sandy Fly Ash Pond Closre FIGURE 1 OVERVIEW MAP URS

6 ""O x E; L() CD U) ti ro \. LEGED,----, i! Project Limit of Distrbance.--i Permitted Fly Ash Pond Bondary L J (on-jrisdictional) t Borrow Area Impacted Wetland X---\ Avoided Wetland ' -'- '- - - Impacted Pond - Impacted Ephemeral Stream Impacted Intermittent Stream - Impacted Perennial Stream -- Avoided Steam Segment ""'' "-.._ c { J/, J _,/ - (/"' 1, 2, Scale in Feet Big Sandy Fly Ash Pond Closre FIGURE 3 WETLAD AD STREAM MITIGATIO IMPACT MAP JOB O URS

7 JOB O URS ::;;_.;;;;..;;;;_;= -=-- I West Virginia Legend CJ AEP Property Bondary [=] Project Limit of Distrbance -- Impacted Stream Delineated Steam ot For Mitigation Wetland Impacted D?ineted Wetland ot For M1t1gat1on CJ Impacted Pond r---i Delineated Pond ot For L_J Mitigation Stream Mitigation Type -- Restoration Stream-Intermittent -- Restoration Stream-Ephemeral Wetland Mitigation Type Preservation Wetland i 8 Scale in Feet 1,6( BASE MAP SOURCE: ArcGIS Online World Imagery Fallsbrg. KY; Prichard, KY 7.5' USGS Topograpgic Qadrangles Big Sandy Fly Ash Pond Closre FIGURE4 WETLAD AD STREAM MITIGATIO PLA MAPS

8 x w <( (f) co s CD c m c c <D s LO : ::: "tj- Stream 13 :::t Stream 2 6 Stream 2a ::c 1- cb -m ::: _J Ul m s m Q (f) > c m (f) iii "tj" Stream 18 Stream 11a Stream 11c LEGED L:] Project Limit of Distrbance Delineated Wetland D Delineated Pond - Delineated Stream 1, Scale in Feet i 2, Lr) co C' :: w <( _9:!_ J Big Sandy Fly Ash Pond Closre FIGURE 5 WHITE BACKGROUD MAP JOB O URS