Home

Nashville District

Run scraper

Public Notice 17-20

Basic information

Fill out these two fields at minimum.

— or —

How Big?

Where?

Links to source documents

Raw text

You can copy from here when filling out the rest of the page.

Proposed Fleeting Addition at Existing Fleeting Area #2 for Slats Lucas Quarry, located at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky

Public Notice No. 17-20 Nashville District Application Date: September 1, 2017:Expires: October 2, 2017

Please address all comments to:

Nashville District Corps of Engineers, Regulatory Division (Attn: Amy Robinson)

3701 Bell Road, Nashville, TN 37214 SUBJECT: Proposed Fleeting Addition at Existing Fleeting Area #2 for Slats Lucas Quarry, located at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky

TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) permit modification pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The original DA permit for the fleeting area was issued in November 2006 and then modified in March 2011 (Public Notice 13-01). Previously authorized work has been constructed and is in compliance with permit conditions.

APPLICANT: Warren Paving, Inc.

562 Elks Lake Road

P.O. Box 572

Hattiesburg, Mississippi 39403

LOCATION: Existing Fleeting Area #2 for Slats Lucas Quarry, located upstream and across the river from the Quarry terminal, at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky (Dycusburg Quadrangle)

Latitude: 37.1807472; Longitude: -88.2175111

DESCRIPTION: The proposed work consists of expansion of an existing fleeting area, Fleeting Area #2, for Slats Lucas Quarry. Currently there are four (4) super dolphins and one 20’ diameter mooring cell which provides capacity for 15 barges total at the site (3 barges wide by 5 barges long). The proposed work would consist of the installation of an additional four (4) super dolphins

on the upstream end of the existing fleeting area and one (1) super dolphin on the downstream end. The proposed dolphins would be installed in- line with the existing dolphins, placed on centers of 195 linear feet, and located 45 linear feet riverward from

the shoreline (normal pool Elevation 302.0’). The proposed dolphins would allow an additional 15 barges (3 barges wide by 5 barges long) for a total of 30 barges to be fleeted at this site.

The dolphins would consist of a 72” in diameter pipe driven into the river bottom to Elevation 260.0’ and will be braced by two (2) angled 24” in diameter pipes. A typical drawing of the dolphin is attached to this notice.

PURPOSE OF PROPOSED MODIFICATION: According to the applicant, the proposed expansion is necessary to provide additional fleeting capabilities to accommodate increased barge traffic due to an increase in demand for rock. In order to minimize navigation concerns, the applicant’s proposal would not increase the riverward extension of the barges into the river channel. The current

three-wide fleeting area extending approximately 105 feet, would remain the same for the proposed fleeting.

The purpose of the new mooring structures would be to increase the fleeting capacity to meet the applicant’s needs while minimizing any congestion within the navigation channel. Plans of the proposed work and a location map of the proposed and existing barge fleeting area are attached to this notice.

Section 206 Project: The existing and proposed fleeting area expansion is located across the river and approximately 800 linear feet upstream of a Federal Project that received bank stabilization treatment for a Section 206 Aquatic Ecosystem Restoration Project by the Nashville District Corps of Engineers (USACE). The purpose of the Section 206 project was to restore habitat for aquatic

species.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:

Alternative fleeting areas and fleeting methods were reviewed and compared to the applicant’s preferred proposal. Impacts to navigation, threatened or endangered species, and the existing Section 206 Aquatic Ecosystem Restoration were considered. The applicant indicated that the minimal fleeting area has been proposed that would meet their needs.

The Corps’ scope of analysis for National Environmental Policy Act (NEPA) review associated with the issuance of a DA permit modification consists of the existing and proposed fleeting area within the Cumberland River.

PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit modification will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors that may be relevant to the work will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and

accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. A DA permit modification will be granted unless the District Engineer determines that it would be contrary to the public interest.

SOLITICIATION OF COMMENTS: 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. Any

comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a Department of the Army (DA) permit modification 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 (EA) and/or an Environmental Impact Statement (EIS) pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. The previous EA will be updated and supplemented by this office prior to a final decision concerning issuance or denial of the requested DA permit modification.

HISTORIC AND CULTURAL RESOURCES:Prior to construction of the Section 206 Aquatic Ecosystem Restoration project by the Corps of Engineers, an archaeological survey was completed in April 2000 for the Slats Lucas quarry site and fleeting areas. The survey determined that no properties would be impacted that maybe eligible for inclusion in the National Register of Historic Places (NRHP). The State Historic Preservation Officer (SHPO) has previously concurred with the existing facilities. The Corps determined that this proposed work consisting of installing dolphins in the water with no ground disturbance has no potential to cause effects to historic properties. Additional barge fleeting would be in keeping with the barge fleeting already present at this facility. This review constitutes the full extent of cultural resource investigations unless comments to this notice are received that document historic properties may be affected by this work, or that document the potential for significant sites or properties that may be eligible for inclusion in the NRHP within the permit area. Further, copies of this notice are being sent to SHPO for review.

ENDANGERED/THREATENED SPECIES REVIEW: TDA permit currently for the original barge terminal and fleeting area requires two mussel surveys of the area every three years. Mussel surveys completed for this area in 2006 and 2009 documented that no federally or state listed threatened or endangered species were present. Based on the results of these surveys and other available information, USACE has determined that the proposed work will not adversely effect any Federally-listed threatened or endangered species or their

critical habitats. A copy of this notice is being sent to the U.S. Fish and Wildlife Service.

OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be

required for the proposed work including:

In accordance with USACE’s obligation and procedures under Section 408 of the Rivers and Harbors

Act, Engineer Circular (EC) 1165-2-216, dated July 31, 2014, Policy and Procedural Guidance for

Processing Request to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 USC

408, the USACE must determine if the proposed work will impair the usefulness of the federal commercial navigation project, the Section 206 project, and/or be injurious to the public interest.

PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.

COMMENT PERIOD: Written statements received in this office on or before October 2, 2017, will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson, at the above address, telephone 615-369-7507, or email amy.m.robinson@usace.army.mil.

Timothy C. Wilder Chief, West Section Regulatory Division U.S. Army Corps of Engineers

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas