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State of KY - DECISION TO ACCEPT FUNDS FROM THE KENTUCKY TRANSPORTATION CABINET

DECISION TO ACCEPT FUNDS FROM THE KENTUCKY TRANSPORTATION CABINET

The purpose of this notice is to announce that the Louisville District, U.S. Army Corps of Engineers (Corps) has decided to accept and expend funds contributed by the Kentucky Transportation Cabinet (KYTC), a non-Federal public entity for priority evaluation of their Department of the Army (DA) permit applications. Funds contributed by KYTC would be accepted pursuant to Section 214 of the Water Resources Development Act (WRDA) of 2000 as amended.

The Corps’ Regulatory Program is funded as a congressionally appropriated line item in the annual Federal budget. Additional funds received by the Louisville District would be used to expand Corps resources available to expedite the exchange of concerns and information between the Corps, KYTC and other agencies to evaluate and process KYTC DA permit applications throughout the Regulatory boundaries of the Louisville and Nashville Districts in Kentucky.

On August 24, 2015, the Louisville District Corps circulated the initial Public Notice announcing our preliminary intent to accept and expend State funds contributed by KYTC. The Public Notice discussed the kind of activities for which funds would be expended, and procedures, which would be used to ensure that the funds would not impact impartial decision-making.

On December 4, 2015, Colonel Christopher G. Beck, Commander and District Engineer of the Louisville District Corps determined that acceptance and expenditure of such funds would be in accordance with Section 214 of the Water Resources Development Act of 2000 (WRDA 2000, Public Law 106-541) as amended. The memorandum documenting this decision is available for review upon request.

All applicable procedural and substantive requirements of the DA permit application review process would remain unchanged. Furthermore, the decision to accept funds does not constitute any endorsement or implied consent to KYTC; but it will be used in accordance with the provisions of the above authority to prioritize and more expeditiously review and process KYTC projects. With the funds contributed by KYTC, the Louisville District Corps will hire additional Corps Regulatory staff to work on KYTC proposals and permit applications within the Regulatory boundaries of the Louisville and Nashville Districts of Kentucky. This will enable Corps Regulatory staff to devote the attention required to these applications, in both a more timely and thorough manner, benefiting both KYTC and the general public.

The Louisville District does not expect this method of expediting permit review of KYTC projects to negatively impact the Louisville District’s regulatory program or to increase the processing time for other permit evaluations. With the addition of personnel dedicated to work on KYTC projects, current Regulatory staff will be able to devote their resources to other projects.

For more information concerning this notice, please contactMs. Pam Loeffler of the Louisville District at (502) 315-6693 or by email at Pamela.J.Loeffler@usace.army.mil. This public notice is available for viewing by clicking on the "Attachments" link above located in the upper right hand corner of this page.

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