Public Notices

Public Notice 21-15; LRL-2018-01049

U.S Army Corps of Engineers - Nashville District
Published April 15, 2021
Expiration date: 5/14/2021

Please address all comments and inquiries to:

U.S. Army Corps of Engineers, Louisville District
ATTN: Norma Condra, CELRL-RDS, Rm 752
P.O. Box 59
Louisville, Kentucky 40201-0059

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: Kentucky Transportation Cabinet (KYTC)
                      200 Mero Street
                      Frankfort, Kentucky 40622

                       Johnson Bros. Corporation, a Southland Company
                      4917 Waters Edge Drive, Suite 269
                      Raleigh, North Carolina 27606

AGENT: Stantec Consulting Services Inc.
              10509 Timberwood Circle Suite 100
               
Louisville, KY 40223-5301 US   
                             
PURPOSE:  Construction of a temporary bridge truss assembly facility and barge fleeting area.                   

DESCRIPTION OF WORK:  The applicant proposes to construct a temporary truss assembly facility and barge fleeting area to preassemble the structural steel truss span of the U.S. 60 Smithland Bridge Replacement Project over the Cumberland River in Livingston County, Kentucky.  The Smithland Bridge Replacement Project was authorized by the U.S. Army Corps of Engineers (USACE) on April 30, 2020 (LRL-2018-1049) and Kentucky Division of Water Quality (KDOW) on April 20, 2020 (2020-08-2M). 

The proposed Smithland Bridge Replacement Truss Assembly Facility would be a separate facility from the Smithland Bridge, and would be located near Calvert City on the Tennessee River at Mile 18.8, approximately 29 river miles away from the U.S. 60 Smithland Bridge Replacement project, which is on the Cumberland River in Smithland, KY.  The applicant proposes to construct the bridge trusses at the location of the proposed truss assembly facility and transport the trusses via barges, travelling along the Tennessee River to the Smithland Bridge site on the Cumberland River. 

The proposed project would consist of a 91.5’ x 165’ crane barge with two 24-inch diameter steel pipe spud piles; seven 32-inch diameter steel pipe mooring piles; four 35’ x 195’ deck barges and three 30’ x 120’ deck barges in a three barge wide by three barge long configuration; and one existing 54’ x 297’ permanent deck barge.

The construction of the fleeting facility would consist of driving the mooring piles until refusal and filling the piles with concrete.  River substrate disturbance at the site would be minimized to areas at the piles because water depths do not require dredging the river bottom to allow barge traffic to enter site.  Structural discharge impacts would be approximately 45.41 square feet and would be located within 164 feet of normal pool.   

The facility fleeting area would extend to a maximum of 300 feet riverward and 1,060 feet along the right bank of the Tennessee River.  Barges would be moved along the line of mooring piles with a winch system or tugboat.  The position of the barge flotilla along the 1,060 feet fleeting limits would vary to facilitate assembly of the truss utilizing the barge mounted crane. 

The truss assembly facility would require an adjacent 3.5-acre upland site to deliver and stage materials. This highly disturbed upland site was previously used for quarry operations until its closure between 2011-2016 and contains no jurisdictional waters.

The construction of the truss assembly facility is anticipated to begin in June 2021 and would be utilized for approximately 18 months, whereupon the temporary truss assembly facility and mooring piles would be removed.  

MITIGATION MEASURES:  No mitigation has been 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.  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 that may occur within the project area.  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 this notice, or by other means, of specific archaeological, scientific, pre-Columbian, 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.

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/Missions/Regulatory/Public-Notices/.  All comments regarding this proposal should be addressed to Norma Condra, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2018-1049-. 

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 PN 21-15 (Example: LRL-2018-01049)
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 10 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.

                                                        Condra/PN-KY.doc
                                                        Baldridge/RDS