Public Notice
	Public Notice No. Date: Closing Date: LRL-2009-851-cmh 16 Dec 09 14 Jan 10
US Army Corps of Engineers Louisville District	Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Max Hagan, CELRL-OP-FN, Rm 752 P.O. Box 59 Louisville, Kentucky 40201-0059 Phone: (502) 315-6690

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

APPLICANT: Nugent Sand Company

1833 River Road

Louisville, Kentucky 40206

LOCATION: Within an embayment along the right bank of the Ohio River at Mile 596.7 in Clark County, Indiana.

Latitude: 38-19-26.9 Longitude: 85-39-25.8 7.5 Minute Quad: JEFFERSONVILLE, IND-KY.

PURPOSE: Install a barge fleeting and cleaning facility.

DESCRIPTION OF WORK: The applicant proposes to install a barge cleaning facility and expand the barge fleeting at this location. The access channel excavation, transient passenger dock, unloading dock with two barges alongside, and the moorage of an 8-barge fleet were authorized by DA Permit LRL-1999-907. Authorized commodities include sand, gravel, clinker and aggregate (shale or limestone), coal, and salt.

A proposed 6-barge fleet in a 3-wide by 2-long configuration would be secured by three 7/8 inch diameter cables each fastened to one of the three existing deadmen along the eastern interior wall of the embayment. The fleet would include a crane barge, process water container barge, and 4 barges being cleaned. A string of 33 barges awaiting cleaning would be in an 11-wide by 3-long configuration secured by marine anchor chain attached to four 12-inch H-beams, 20 feet long, and buried with at least 10 feet of cover along the southern interior wall. The outer barges are tied off with 2 1/4-inch sisal or polypropylene rope.

Any disturbance to the peninsula at the Ohio River would be limited to the minimal area required for the anchorage installation. Lighting would be limited to safety requirements or U.S. Coast Guard standards.

MITIGATION: The applicant has planted 7,200 tree seedlings on 10.35 acres extending from the right bank of the Ohio River at Mile 578.0 in Clark County, Indiana, for issued DA permits authorizing work at their Utica and Bethlehem facilities.

REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, state, or local authorization or certification is denied.

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 available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time.

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 that would be directly affected by the proposed activities. With respect to other sites not currently listed on the Register, if we are made aware, as a result of comments in response to this notice or by other means, of specific archaeological, scientific, prehistorical, 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 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.

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 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.

Information pertaining to this application is available for public examination during normal business hours upon prior request. Drawings are available on Louisville District's Internet site at http://www.lrl.usace.army.mil/orf/listnotices.asp. All comments regarding this proposal should be addressed to Max Hagan, CELRL-OP-FN, at the address noted above and should refer to the Public Notice Number LRL-2009-851-cmh.

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-2009-851-cmh

Example:

Subject: LRL-2009-851-cmh

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.