Public Notice. Latitude: Longitude: Minute Quad: Covington, KY

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1 Public Notice US Army Corps of Engineers Louisville District Public Notice No. LRL cat Date: 9 Aug 2018 Closing Date: 10 Sep 2018 Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Mr. Cody Thayer, CELRL-RDS P.O. Box 59 Louisville, Kentucky Phone: 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 and Section 404 of the Clean Water Act: APPLICANT: LOCATION: Drew Company Investments, LLC 8571 State Road 46 Brookville, Indiana The proposed project would be located on the right bank of the Ohio River at mile at 4333 River Road in Cincinnati, Hamilton County, Ohio. Latitude: Longitude: Minute Quad: Covington, KY PURPOSE: To provide permanent mooring of a deck barge to house Drew s on the River floating restaurant. DESCRIPTION OF WORK: The applicant proposes to permanently moor a 260 foot by 50 foot deck barge and place 2 structures, a 20 inch dolphin with 12 inch supports and a 20 inch spud pole, within the Ohio River at River Mile An existing deadman and the proposed dolphin would be utilized for the mooring of the deck barge and the proposed spud pole would be utilized for stabilization of the deck barge. A steel pavilion would be erected on the deck barge to house a restaurant. Ingress and egress from the deck barge would be provided by a ramp approximately 5-6 feet wide and feet long. The maximum riverward projection from the Ohio bank would be 70 feet. 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 Ohio Water Quality Certification or waiver is on file at this office. In

2 Regulatory Division North Branch Public Notice No. LRL cat order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from the Ohio Environmental Protection Agency (OEPA). Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited inaccordance with the Fish and Wildlife Coordination Act of 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 listed properties in the project area. However, Anderson Ferry is located approximately 300 feet west of the project area and is a National Register-listed property. On the Kentucky side of the river, the Henry and Agnes Rolsen House is listed on the National Register and is located approximately 0.5 mile south of the project area. Any impacts on such properties will be evaluated and considered in making the final decision. With respect to other sites not currently listed on the Register, if we are made aware, as a result of comments received 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 Historic Preservation Act of Public Law as amended (including Public Law ). 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. 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 2

3 Regulatory Division North Branch Public Notice No. LRL cat 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 All comments regarding this proposal should be addressed to Mr. Cody Thayer, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL cat. If you desire to submit your comments by , you must comply with the following: a) In the subject line of your , type in ONLY the Public Notice ID No. LRL cat. Example: Subject: LRL cat b) Provide your physical mailing address and telephone number. c) Send your to: lrl.regulatorypubliccomment@usace.army.mil d) If you are sending attachments greater than 1 Mb in size with your , you must send a hard copy (CD or paper) to the Corps physical address as well. 3

4 USACE PUBLIC NOTICE NO. LRL CAT DREW'S ON THE RIVER - FIGURE 1 OF ' N 39 6' N 39 5' N 39 5' N 39 4' N 39 4' N 39 3' N A B C D E F 84 38' W M A T C H L I N E C H A R T A B 84 37' W D U E T O T H E S U R R O U N D I N G T E R R A I N I N T H E C I N C I N N AT I A R E A, V E S S E L S A P P R O A C H I N G O R N AV I G AT I N G A R O U N D B E N D S B E T W E E N C O H I O R I V E R M I L E A N D M I L E H AV E R E P O R T E D E X P E R I E N C I N G D I F F I C U LT Y W H E N AT T E M P T I N G T O C O M M U N I C AT E V I A C H W I T H K E N T U C K Y O T H E R V E S S E L S T H AT A R E O U T S I D E T H E I R L I N E O F S I G H T. B O O N E C O U N T Y I F U N A B L E T O R E A C H I N T E N D E D T R A F F I C O N C H - 1 3, M A R I N E R S M AY A L S O AT T E M P T C O M M U N I C AT I O N V I A C H DREWS ON THE RIVER ENERFAB, INC. MARATHON PETROLEUM CO. MARATHON - ASHLAND OIL. KOSMOS CEMENT CO. ASHLAND OIL, INC. 8 D S A I L I N G L I N E 84 35' W OHW E R I V E R S I D E F 476 P R O J E C T P O O L M A R K L A N D D A M E L E V G DESTINY YACHT CHARTERS / RIVERVI EW LANDING MARINA J P 475 K Q L I RIVERSIDE PARK PUBLIC ACCESS K E N T U C K Y M J WESTWAY TERMINALS K E N T O N C O U N T Y K L WESTWAY FEED KINDER MORGAN G 84 34' W 84 36' W I 84 35' W C I N C I N N A T I V H F - F M C H A N N E L 2 0 R E P E A T E R O H I O H A M I LT O N C O U N T Y M HOLCIM SCOTTS LANDING R T U DAYMARKS S N CONSOLIDATE GRAIN & BARGE CO. TR(U), TR(D) O P Q R PETER CREMER NORTH AMERICA VILLA HILLS MARINA TRANS_ MONTAIGE TERMINAL RIVERDOGS MARINA / SOS MARINE + SALVAGE LLC S BP OIL CO. C I N C I N N A T I R E G U L A T E D N AV I G A T I O N A R E A W H E N E V E R T H E G A U G E AT C I N C I N N AT I R E A C H E S 4 5 F E E T O R G R E AT E R, T LUDLOW - BROMLEY YACHT CLUB, INC. A R E G U L AT E D N AV I G AT I O N A R E A I S I N E F F E C T I N T H E C I N C I N N AT I H A R B O R F R O M O H I O R I V E R M I L E T O M I L E E N T R Y I N T O U CELEBRATION'S RIVERBOATS T H I S Z O N E B Y A L L D O W N B O U N D V E S S E L S T O W I N G C A R G O E S R E G U L AT E D B Y T I T L E 4 6 C F R S U B C H A P T E R D A N D O W I T H A T O W V AQUARIUS MARINE L E N G T H E X C E E D I N G F E E T, E X C L U D I N G T O W B O AT, A R E P R O H I B I T E D N O B R O M L E Y F R O M 1 / 2 H O U R B E F O R E S U N S E T T O 1 / 2 H O U R A F T E R S U N R I S E. I AW T H E O H I O R I V E R P R O V I S I O N S O U T L I N E D I N T I T L E 3 3 C F R , T H E R E G U L AT E D N AV I G AT I O N A R E A R E M A I N S I N E F F E C T U N T I L T H E C I N C I N N AT I 0 1,000 2,000 4,000 G A U G E D R O P S B E L O W 4 5 F E E T. A L L M A R I N E R S A R E U R G E D T O U S E Feet O N A R E A. C A U T I W H E N T R A N S I T I N G T H I S S C A L E : 1 " = ' R E V I S E D : CHART V M A R NO. 114 M A T C H L I N E C H A R T ' W 84 33' W

5 ) Exl,ting Shoreline... ' '... 20" Spud P6le ' Acce..<s Walkway.E~&t ' 'Ilg ll IJ(Jfl"'g Building to be demoed and payed Property Line USACE PUBLIC NOTICE NO. LRL CAT DREW'S ON THE RIVER - FIGURE 2 OF 2 Deck or Hooper Bar ge MAX 260' x 50' -... Jo ~ XOT S: 1 Deck Bage 15' off Shoreline ' x 4 5 ' steel pavillion "ill be erected on deck barge Plan olphin w/ pports

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