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REQUEST TO CONTINUE SAND DREDGING AND STOCKPILING IN THE MISSISSIPPI RIVER IN ST. JAMES PARISH
NAME OF APPLICANT: Fill Materials, LLC, 10557 Airline Hwy Saint Rose, Louisiana 70087
LOCATION OF WORK: In the Mississippi River, left descending bank, at a point 164.8 miles above Head of Passes, at Convent, Louisiana, in St. James Parish, within the Mississippi River Basin in hydrologic unit (HUC 08090100), as shown on the attached drawings.
CHARACTER OF WORK: The applicant has requested Department of the Army (DOA) authorization to extend an existing DOA permit which will allow for continued dredge and fill operations using a cutterhead hydraulic dredge for the removal of approximately 180,100 cubic yards of sand from the Mississippi River within an 8.3 acre area. The material will be stockpiled in the batture at a previously permitted location and sold. The dredging operation is to be located within an area approximately 1,900 feet long and 400 feet wide, extending lengthwise parallel to the mean low water shoreline, the outer edge to be about 400 feet channelward therefrom.
A preliminary analysis has determined that the proposed project would directly impact approximately 8.3 acres of jurisdictional water bottoms which will not require mitigation.
JOINT PUBLIC NOTICE
October 16, 2017
United States Army Corps of Engineers
New Orleans District
Regulatory Branch
7400 Leake Avenue
New Orleans, Louisiana 701118
State of Louisiana
Department of Environmental Quality
Office of Environmental Services
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
(504) 862-1301
Project Manager
Neil T. Gauthier
Neil.T.Gauthier@usace.army.mil
MVN-2011-01439-CM
(225) 219-3225
Project Manager
Elizabeth Hill
WQC Application Number
WQC 110629-03
Interested parties are hereby notified that a permit application has been received by the
New Orleans District of the US Army Corps of Engineers pursuant to: [X] Section 10 of the
Rivers and Harbors Act of March 3, 1899 (30 Stat. 1151; 33 USC 403); and/or [X] Section
404 of the Clean Water Act (86 Stat. 816; 33 USC 1344).
Application has also been made to the Louisiana Department of Environmental Quality,
Office of Environmental Services, for a Water Quality Certification (WQC) in accordance
with statutory authority contained in LRS 30:2074 A(3) and provisions of Section 401 of the
Clean Water Act.
REQUEST TO CONTINUE SAND DREDGING AND STOCKPILING IN THE MISSISSIPPI
RIVER IN ST. JAMES PARISH
NAME OF APPLICANT: Fill Materials, LLC, 10557 Airline Hwy Saint Rose, Louisiana
70087.
LOCATION OF WORK: In the Mississippi River, left descending bank, at a point 164.8
miles above Head of Passes, at Convent, Louisiana, in St. James Parish, within the
Mississippi River Basin in hydrologic unit (HUC 08090100), as shown on the attached
drawings.
CHARACTER OF WORK: The applicant has requested Department of the Army (DOA)
authorization to extend an existing DOA permit which will allow for continued dredge and
fill operations using a cutterhead hydraulic dredge for the removal of approximately
180,100 cubic yards of sand from the Mississippi River within an 8.3 acre area. The
material will be stockpiled in the batture at a previously permitted location and sold. The
dredging operation is to be located within an area approximately 1,900 feet long and 400
feet wide, extending lengthwise parallel to the mean low water shoreline, the outer edge to
be about 400 feet channelward therefrom.
A Preliminary analysis has determined that the proposed project would directly impact
approximately 8.3 acres of jurisdictional water bottoms which will not require mitigation.
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The comment period for the Department of Army will close in 30 days from the date of
this joint public notice. Written comments, including suggestions for modifications or
objections to the proposed work, stating reasons thereof, are being solicited from anyone
having interest in this permit and/or this WQC request and must be mailed so as to be
received before or by the last day of the comment period. Letters concerning the Corps of
Engineers permit application must reference the applicant's name and the Permit
Application Number, and be mailed to the Corps of Engineers at the address above,
ATTENTION: REGULATORY BRANCH. Similar letters concerning the Water Quality
Certification must reference the applicant's name and the WQC application number and be
mailed to the Louisiana Department of Environmental Quality at the address above.
Individuals or parties may request an extension of time in which to comment on the
proposed work by writing or e-mailing the Corps of Engineers Project Manager listed
above. Any request must be specific and substantively supportive of the requested
extension, and received by this office prior to the end of the initial comment period. The
Section Chief will review the request and the requestor will be promptly notified of the
decision to grant or deny the request. If granted, the time extension will be continuous to
the initial comment period and, inclusive of the initial comment period, will not exceed a
total of 30 calendar days.
The application for this proposed project is on file with the Louisiana Department of
Environmental Quality and may be examined during weekdays between 8:00 a.m. and
4:30 p.m. Copies may be obtained upon payment of costs of reproduction.
Corps of Engineers Permit Criteria
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts of the proposed 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 proposal
must be balanced against its reasonably foreseeable detriments. All factors which may be
relevant to the proposal will be considered including the cumulative effects thereof; among
those are conservation, economics, aesthetics, general environmental concerns, wetlands,
historic properties, fish and wildlife values, flood hazards, floodplain values, land use,
navigation, shoreline 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.
The US Army 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 US Army Corps of Engineers to determine whether to make, 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 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
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proposed activity.
The New Orleans District is unaware of properties listed on the National Register of
Historic Places near the proposed work. The possibility exists that the proposed work may
damage or destroy presently unknown archeological, scientific, prehistorical, historical
sites, or data. Copies of this notice are being sent to the State Archeologist and State
Historic Preservation Officer.
Our initial finding is that the proposed work would not affect any species, nor affect any
habitat designated as critical to the survival and recovery of such species, listed as
endangered by the U.S. Department of Commerce.
The New Orleans District has determined that the proposed project is located in waters
known to be utilized by the pallid sturgeon (Scaphirhynchus albus) and determined that the
proposed activity is not likely to adversely affect the species based on the Standard Local
Operating Procedure for Endangered Species of Louisiana (SLOPES), dated October 22,
2014, between the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service,
Ecological Services Office.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The applicant's proposal
would result in the destruction or alteration of up to 0 acres of EFH utilized by various life
stages of red drum and penaeid shrimp. Our initial determination is that the proposed
action would not have a substantial adverse impact on EFH or federally managed fisheries
in the Gulf of Mexico. Our final determination relative to project impacts and the need for
mitigation measures is subject to review by and coordination with the National Marine
Fisheries Service.
If the proposed work involves deposits of dredged or fill material into navigable waters,
the evaluation of the probable impacts will include the application of guidelines established
by the Administrator of the Environmental Protection Agency. Also, a certification that the
proposed activity will not violate water quality standards will be required from the
Department of Environmental Quality, Office of Environmental Services before a permit is
issued.
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. You are requested
to communicate the information contained in this notice to any other parties whom you
deem likely to have interest in the matter.
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The applicant has certified that the proposed activity described in the application
complies with and will be conducted in a manner that is consistent with the Louisiana
Coastal Resources Program. The Department of the Army permit will not be issued unless
the applicant received approval or a waiver of the Coastal Use Permit by the Department
of Natural Resources.
JOHN M. HERMAN
Chief, Central Evaluation Section
Regulatory Branch
NDSI Notes
1. All structures built under the authorization and conditions of this permit shall be
removed from the site within 120 days of abandonment of the facilities for the herein
permitted use, or when these structures fall into a state of disrepair such that they
can no longer function as intended. This condition does not preclude the necessity
for revising the current permit or obtaining a separate Coastal Use Permit, should
one be required, for such removal activities.
2. Structures must be marked/lighted in accordance with U. S. Coast Guard
regulations.
3. In order to ensure the safety of all parties, the permittee shall contact the Louisiana
One Call System (1-800-272-3020) a minimum of 48 hours prior to the
commencement of any excavation (digging, dredging, jetting, etc.) or demolition
activity.