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State of KY - PURPOSE: To construct a boat ramp and associated parking lot to facilitate public access to the Ohio River.

This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 10 of the Rivers Act of 1899 and Section 404 of the Clean Water Act:

APPLICANT: Mr. Jason Canuel Louisville Parks and Recreation P.O. Box 37280 Louisville, KY 40233

LOCATION: Shawnee Park 4501 West Broadway Louisville, KY 40211

Ohio River, Left Descending Bank at Mile 610 Latitude: 38.263281° North Longitude: -85.830989° West 7.5 Minute Quad: New Albany, IN

PURPOSE:To construct a boat ramp and associated parking lot to facilitate public access to the Ohio River.

DESCRIPTION OF WORK: The applicant proposes to construct a new boat ramp within Shawnee Park on the Ohio River. The project consists of building a 28-foot wide, two lane concrete ramp with 10-foot wide riprap shoulders. The construction of the ramp would require the discharge of 105 cubic yards of concrete and 1,777 cubic yards of rock within a 5,880 square foot area below the Ordinary High Water Mark of the Ohio River. In addition, 152 linear feet of ephemeral stream adjacent to the ramp would be impacted through the discharge of riprap.

Associated structures consist of a 120’ by 300’parking lot, approximately 260 feet of access road, and the relocation of 440’ of the Louisville Riverwalk Trail.

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: Feasibility studies were conducted for Shawnee and Chickasaw Parks to determine the optimal site for ramp placement. This site was preferred and selected due to the existing bank slope, proximity to access roads and minimal required disturbance to the forested floodplain and river bank. The project was designed to avoid impacts to Waters of the United States to the maximum extent possible. No mitigation is being proposed.

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 order to comply with Section 401 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 1956. Based on information by the applicant, and a review of the Information for Planning and Consultation (IPAC) website, https://ecos.fws.gov/ipac/, the following federally-listed species are known to or believed to occur in the area to be affected (directly or indirectly) by the proposed action.

List of Species

Common Name Scientific Name

Gray Bat Myotis grisescens Indiana Bat Myotis sodalis Northern Long-eared Bat Myotis septentrionalis Clubshell Pleurobema clava Fanshell Cyprogenia stegaria Fat Pocketbook Potamilus capax Orangefoot Pimpleback Plethobasus cooperianus Ring Pink Obovaria retusa Pink Mucket Lampsilis abrupta Rough Pigtoe Pleurobema plenum Sheepnose Mussel Plethobasus cyphyus Spectaclecase Cumberlandia monodonta Kentucky Glade Cress Leavenworthia exigna Running Buffalo Clover Trifolium stoloniferum Interior Least Tern Sterna antillarum American Burying Beetle Nicrophorus americanus

The Endangered Species Act (ESA, 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7(a) 2 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impact to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.

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 thisnotice, or by other means, of specific archaeological, scientific, pre­ historical, 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. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (40 CFR Part 230) promulgated by the Administrator, United States Environmental Protection Agency, under authority of Section 404(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 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.

This public notice and drawings are available for viewing by clicking on the "LRL-2019-68-rsb Public Notice" link located below in the lower left hand corner of this page. All comments regarding this proposal should be addressed to Mr. Bob Burick, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-68-rsb.

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-2019-68-rsb.

Example: Subject: LRL-2019-68-rsb

b) Provide your physical mailing address and telephone number.

c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil.

d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.

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