TO WHOM IT MAY CONCERN: The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the proposed Nucor Steel West Virginia, LLC Apple Grove Site Project.
APPLICANT: Nucor Steel West Virginia, LLC (Nucor)
29618 Huntington Road
Apple Grove, WV 25502
LOCATION: The proposed project, referred to as the Nucor Apple Grove Site, would be located within an approximate 691-acre (ac) site located along 7,500 linear feet (lf) of the left descending bank (LDB) of the Ohio River, between river mile points 281 and 282, near Apple Grove, in Mason County, West Virginia (latitude 38.647729°, longitude -82.175875°). Reference Sheet 1 of 3.
RELATED PUBLIC NOTICES: An original project design was described in Public Notice LRH-2022-55-OHR, which was issued by this office on May 11, 2022. A copy of this previous public notice can be accessed at: https://www.lrh.usace.army.mil/Missions/Regulatory/Public-Notices/Article/3027829/lrh-2022-55-ohr/
Since issuance of the May 11, 2022 notice, the applicant modified the project design. A public notice describing the revised proposal was issued on October 5, 2022 and is available at https://www.lrh.usace.army.mil/Missions/Regulatory/Public- Notices/Article/3179298/lrh-2022-55-ohr-rev/.
UPDATED PROJECT DESCRIPTION: Since issuance of the October 5, 2022 notice, in January 2023, the applicant submitted a revised design this office. A description of the current project design has been included in Enclosure 1 of this Public Notice. An updated project plan view is attached to this Public Notice as Sheet 2 of 3.
As described in the enclosure, Nucor has requested Department of the Army (DA) authorization for proposed discharges of dredged and/or fill material into direct and indirect tributaries of the Ohio River, associated wetlands, and for the work along the Ohio River. The proposed discharges of dredged and/or fill material into waters of the United States and the work in and along the Ohio River are subject to regulation under both Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act of 1899 (Section 10), respectively. The proposed industrial development project is under consideration for DA authorization under a standard Individual Permit.
LEAD FEDERAL AGENCY: The United States Army Corps of Engineers (Corps) is the lead federal agency for this undertaking, as the only federal action in association with this proposal is the requirement to obtain authorization under Section 404 and Section 10.
SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT: The Corps is required by the National Historic Preservation Act (NHPA) to ensure no Federal undertaking, including a Corps’ permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation (ACHP) and the State Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR Part 800, and 33 CFR Part 325, Appendix C.
CULTURAL RESOURCE INVESTIGATIONS: Of the 691-ac overall site, a total of 651 ac was subject to Phase I and Phase II archaeological investigations. The remaining 40 ac would be avoided and/or is too wet to facilitate archaeological investigations. Per 36 CFR Part 800.4(b)(2), the applicant completed phased archaeological investigations within the overall site, dividing the 651-ac survey area into two parts, referred to as Phase A and Phase B. Phase A includes 437.3 ac and Phase B includes 213.7 ac. Please reference the map titled “Overview of Archaeological Sites On An Aerial Photograph: Figure No. 2” for Phase A and Phase B review boundaries for the overall undertaking (Sheet 3 of 3).
- Phase A: The applicant has completed Phase I and Phase II archaeological investigations within Phase A (437.3 ac) of the overall site. The results of these investigations and the Corps’ evaluation of the findings for Phase A are described in this Public Notice.
- Phase B: The applicant has indicated Phase I and Phase II investigations have been completed Phase B. The Corps is awaiting reports describing the investigative findings for Phase B. Based on the findings, a separate Public Notice may be issued to present determinations for Phase B, as required by 36 CFR Part 800.
The following reports were prepared and submitted by Civil & Environmental Consultants, Inc. (CEC) on behalf of the applicant for Phase A:
- Historic Property Report Nucor West Virginia Project in the Unincorporated Community of Apple Grove, Mason County, West Virginia (March 2022; Revised June 2022) and Nucor Above Ground Architectural Analysis Apple Grove Mason County, West Virginia (Ohio) (March 2022);
- Revised-Phase I Archaeological Survey Phase A Construction Plan Proposed Nucor Steel West Virginia Apple Grove Site Apple Grove, Mason County, West Virginia (April 2023);
- Phase A Phase II Management Summary 46Ms164, 46Ms166, 46Ms168, 46Ms170, 46Ms175, 46Ms176, 46Ms178, 46Ms416, 46Ms431, and 46Ms434 Nucor Steel West Virginia LLC Apple Grove Site, Mason County, West Virginia (April 2023); and
- Phase A Phase II Management Summary-Supplement 46Ms164, 46Ms166, 46Ms168, 46Ms170, 46Ms175, 46Ms176, 46Ms178, 46Ms416, 46Ms431, and 46Ms434 Nucor Steel West Virginia LLC Apple Grove Site, Mason County, West Virginia (April 2023).
Architectural Investigations: Investigations completed on the applicant’s behalf included an identification survey and evaluation of architectural resources within a 0.5-mile radius for direct or indirect effects to above-ground resources within the area of potential effects (APE) for the overall project. A total of eleven (11) properties were identified in West Virginia and one (1) property was identified in Ohio, across the river.
Of the 11 properties identified in West Virginia, four (4) were cemeteries. The following three (3) cemeteries were identified and determined as not eligible for listing on the National Register of Historic Places (NRHP): The Beale Chapel Methodist Church Cemetery (46-MS-424), The Hereford (John and Sarah) Cemetery (46-MS-313), and the Unnamed Cemetery (1974 Map). The Robert M. Hereford Cemetery, 46Ms421, will described in the Phase B Phase I archaeological reporting.
Of the six (6) remaining above ground properties identified, only one NRHP-eligible or listed architectural resources was identified within the direct/indirect APE for the overall project in Phase A, the Ohio River Railroad (eligible). The Ohio River Railroad, now a part of the CSX Railroad system, is historically significant for its role in the development of transportation network connecting the Ohio River Valley to other regional economic center and is eligible for NRHP listing under Criterion A. The Ohio River Railroad transects the project site. As a result of the overall proposal, the existing three (3) at-grade railroad crossings within the site would be upgraded and two (2) new bridge overpass structures would be installed. However, no alterations to the Ohio River Railroad tracks are proposed. The project information has been evaluated in accordance with 36 CFR 800.5(b) and it has been determined there would be no adverse effects to the eligible architectural historic property, the Ohio River Railroad, as a result of the overall proposed undertaking.
Archaeological Investigations: A total of 59 sites are recorded within the Phase A limits. Twenty-four (24) sites are previously recorded (46Ms90, 46Ms91, 46Ms142, 46Ms143, 46Ms159–170, 46Ms174–178, and 46Ms358–360) and thirty-five (35) are newly recorded sites (46Ms406, 46Ms409, 46Ms411, 46Ms413, 46Ms415, 46Ms416, 46Ms419, 46Ms420, 46Ms422, 46Ms423, 46Ms426–46Ms428, 46Ms430-443, 46Ms445–46Ms451, and 46Ms453). Based on the findings of the Phase I report for Phase A, the Corps determined Phase II archaeological investigations would need to be conducted within 11 sites (46Ms164, 46Ms166, 46Ms168, 46Ms170, 46Ms175, 46Ms176, 46Ms178, 46Ms416, 46Ms420, 46Ms431, and 46Ms434).
The Corps has determined the following fifty-four (54) sites within Phase A are not eligible for listing on the NRHP: 46Ms90, 46Ms91, 46Ms142, 46Ms143, 46Ms159-163, 46Ms165, 46Ms167, 46 Ms169-170, 46Ms174–177, and 46Ms358–360 46Ms406, 46Ms409, 46Ms411, 46Ms413, 46Ms415, 46Ms416, 46Ms419, 46Ms420, 46Ms422, 46Ms423, 46Ms426–46Ms428, 46Ms430-433, 46Ms435-443, 46Ms445–46Ms451, and 46Ms45.
The Corps has determined five (5) archaeological sites within Phase A (46Ms164, 46Ms166, 46Ms168, 46Ms178, and 46Ms434) are eligible for listing on the NRHP under Criterion D. The applicant proposes work that would result in physical destruction of or damage to all or part of these five historic properties and/or would result in the removal of the property from its historic location. As such, the Corps has determined the proposed undertaking will have an adverse effect on these five NRHP-eligible resources: 46Ms164, 46Ms166, 46Ms168, 46Ms178, and 46Ms434. The applicant has provided an initial mitigation proposal indicating data recovery is proposed for all five sites. Additionally, the applicant is developing a final data recovery plan and a draft Memorandum of Agreement (MOA).
PUBLIC INTEREST: The Corps 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 proposed adverse effect to historic properties and the applicant’s proposed mitigative measures. Should you wish to express your views on the undertaking’s effects on historic properties, provide comments on and/or objections to the proposed mitigation, or participate as a consulting party, please forward this information to our office prior to the close of the comment period for this Public Notice.
CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before May 22, 2023. If no comments are received by that date, it will be considered that there are no objections. Comments should be submitted electronically to Lauren Pritt by email at lauren.a.pritt@usace.army.mil. If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:
United States Army Corps of Engineers, Huntington District
ATTN: CELRH-RDS, Public Notice - LRH-2022-55-OHR
502 8th Street
Huntington, West Virginia 25701-2070
Copies should only be provided through the USPS when electronic transmission is not possible. Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions. To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, May 22, 2023.
Please note names, addresses, and comments submitted in response to this Public Notice become part of our administrative record and, as such, may be available to the public under provisions of the Freedom of Information Act. Thank you for your interest in our nation’s water resources. If you have any questions concerning this Public Notice, please contact Lauren Pritt of the South/Transportation Branch, at 304-399-5275, by mail at the above address, or by email at lauren.a.pritt@usace.army.mil.
Enclosure 1
Updated Project Description
Introduction: The United States Army Corps of Engineers (Corps) is required by the National Historic Preservation Act (NHPA) to ensure no Federal undertaking, including a Corps’ permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the States Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C.
Applicant: Nucor Steel West Virginia, LLC (Nucor)
29618 Huntington Road
Apple Grove, WV 25502
Project Location and Existing Conditions: The applicant has requested Department of the Army (DA) authorization for the discharges of dredged and/or fill material into direct and indirect tributaries of the Ohio River and for the work along the Ohio River. The proposed project, referred to as the Nucor Apple Grove Site, would be located within an approximate 691-acre (ac) site located along 7,500 linear feet (lf) of the left descending bank (LDB) of the Ohio River, between river mile points 281 and 282, near Apple Grove, in Mason County, West Virginia (latitude 38.647729°, longitude -82.175875°). The proposed project is situated north of the confluence of Sixteenmile Creek and the Ohio River. The site consists of previously plowed and maintained fields with residential and commercial developments scattered through the adjacent properties on the east and industrial developments to the north.
Description of Overall Undertaking: The applicant has requested DA authorization for the discharges of dredged and/or fill material into direct and indirect tributaries of the Ohio River and for the work along the Ohio River in order to facilitate the construction of a new industrial development. Implementation of the proposal would result in permanent discharges of dredged and/or fill material into a total of 9.891 ac of thirty-three (33) wetlands, 731 lf of two (2) unnamed ephemeral and intermittent streams, and 19.518 ac of disturbance along 5,200 lf of the left descending bank (LDB) of the Ohio River. Proposed discharges of dredged and/or fill material into waters of the U.S. and proposed work within the Ohio River, a navigable waterway, are summarized below.
The purpose of the project is industrial development. The applicant has stated the original project siting evaluation included the construction and operation of a new carbon steel mill in West Virginia, Ohio, or Pennsylvania, in the northern Ohio River watershed, in regional proximity to the automotive industry and resources (e.g., scrap metal, fuels, etc.), and adjacent to existing major roads, railroad, and river transportation infrastructure. The manufacturing facility would produce automotive-grade steel coils and construction-grade steel products to meet United States demand for automotive and structural steel. After the siting evaluation, Nucor selected the site described above as the location for the new steel mill.
Steel Mill Development: The applicant has indicated the mill development would include: two electric arc furnaces, a hot strip mill, a cold mill, indoor and outdoor storage facilities, inbound and outbound transportation facilities, air pollution control baghouses, electric substations, a slag processing facility, access roads, material storage areas, and stormwater and wastewater treatment facilities. The total construction would occupy approximately 660 ac of the overall 691-acre site. The limit of disturbance includes 640 ac on land and a little less than 20 ac in the Ohio River. Specific project components are described in further detail below. The applicant has indicated the discharge of fill material into 731 lf of stream is necessary for construction of an access road, riprap stabilization, building foundations, and stormwater features. The applicant has indicated the discharge of fill material into 9.891 ac of 33 wetlands is necessary for cuts and/or fill associated with construction of the development.
River Development: For the delivery of raw material and transportation of finished products, the applicant proposes to construct new barge loading, unloading, and fleeting areas within the Ohio River. The applicant has stated proposal includes an initial, one-time dredging event, with riverbank contouring and stabilization. The applicant has also proposed ten-year, as-needed, maintenance dredging along 5,200 lf of the Ohio River.
Proposed work within the Ohio River includes:
- installation of new river mooring cells for barge fleeting with loading areas;
- construction of a direct reduced iron (DRI) unloading dock to receive iron ore;
- construction of outbound/inbound loading docks with quay bulkhead walls;
- installation of a new ramp with temporary material unloading;
- one-time construction dredging with riverbank contouring, clearing, and stabilization;
- ten-year, as-needed, maintenance dredging;
- installation of three (3) roof foundation cells at the inbound dock;
- installation of seven (7) stormwater outfalls and one (1) wastewater outfall; and
- installation of on- and off-site fish habitat features.
Work along the Ohio River would include 2.251 ac of permanent fill for docks, mooring cells, and the wastewater outfall construction within the ordinary high water mark limits, and, within that 2.251 ac, a total of permanent loss of riverbed within 0.866 ac in the normal pool limits.
Fleeting Areas and DRI Dock: The proposal includes the construction of five (5) barge fleeting areas, a DRI dock, and a total of 19 mooring cells. Three (3) of the proposed fleeting areas would accommodate 8 barges moored 4-wide by 2-long. Two (2) of the proposed fleeting areas would accommodate 12 barges moored 4-wide by 3-long. The proposed mooring cells would consist of a maximum 25-foot diameter, circular steel sheet piling driven into the river bottom. Mooring cells M5, M6, and M7 would be outside of the normal pool limits. Each of the other mooring cells would extend 60 feet into the Ohio River as measured from the normal pool elevation. The fleeted barges would have an average maximum riverward extent of 200 feet from the normal pool elevation limit. The single-point maximum riverward extent is 230 feet from the normal pool limits at mooring cell M11 (the shoreline curves landward at this location). Two (2) of the mooring cells, a “casino barge,” and a barge-mounted crane would be located at the southern end of the site to facilitate DRI material unloading. The maximum riverward extent of the mooring cell would be 115 lf from the normal pool limits at mooring cells DRI 18-19.
Inbound and Outbound Docks: The proposed outbound dock would include an overhanging roof with a maximum riverward extent of 60 feet and would be secured with eight (8) foundation cells. The proposed outbound barge-loading quay and bulkhead docks consists of sheet pile wall with a maximum riverward projection of 60 feet. The upstream and downstream sides of the outbound dock would be protected by 40 lf of riprap to prevent erosion. The proposed inbound loading quay would consist of a sheet pile bulkhead wall with an approximate riverward extent of 60 feet from the normal pool shoreline. Each of the inbound and outbound docks consists of one (1) dolphin mooring cell on the southern end of each of the two (2) docks. The upstream and downstream sides of the inbound dock would be protected by 70 lf and 50 lf, respectively, of riprap to prevent erosion.
Ramp Construction and Temporary Unloading: The proposed ramp would be a shallow slope ramp excavated within the bank of the Ohio River with riprap protection. The length of the ramp and riprap protection within the Ohio River would be approximately 400 lf and would include the total discharge of 3,483 cy of fill material. One-time dredging of this area is proposed to allow for the necessary keel clearance for loaded barges and tugboat maneuvering during the temporary material unloading for construction. For this one-time initial dredging, approximately 18,846 cubic yards (cy) of material would be removed from approximately 140 ft (riverward) of the river, to a maximum depth of 10 ft. Dredged materials would be placed within upland areas of the site.
To facilitate construction of the facility, temporary unloading activities would occur at the ramp location. Materials would be unloaded by crane, ramps/platform, and/or conveyors one barge (195 feet long by 35 feet wide) at a time. The temporary unloading would include temporarily anchoring a typical crane barge with spuds in the Ohio River along the bank with a maximum riverward extent of 140 feet from normal pool.
One-Time Construction Dredging and Bank Contouring: In order to create sufficient operational water depth and maintain no-rise flood conditions, the applicant has proposed one-time dredging of approximately 13.73 ac of the river in order to recontour the river channel slope along the 4,170 lf of the riverbank. Work would be conducted within 100 feet of the shoreline for the entire distance. The proposed one-time dredging and bank contouring the removal of 84,344 cy of material from the Ohio River, and the discharge of 4,855 cy of fill materials within the Ohio River, all below normal pool and along the bank. Dredging would be completed by either a spud-anchored barge or staged from the riverbank using mechanical dredging techniques (long-reach excavator consisting of a bucket/cutter and/or dredge pump or a crane-mounted clamshell or dragline bucket). Dredged sediment would be placed onto a hopper barge or transferred directly to shore by pipeline to be subsequently moved by dump truck or bulldozer to an upland stockpile area within the steel mill site limits. Turbidity curtains would be used to minimize instream sedimentation for areas of direct excavation or dredging using a floating weighted buoy. Perimeter controls would be placed around dredged material dewatering areas to minimize sediment-laden runoff. The re-contoured channel slope would be restored using stockpiled native substrate at normal pool and supplemented by a line of erosion control blanket, revegetation, riprap, and/or engineered slopes to prevent erosion. The riverbank would be restored with vegetative cover in accordance with the approved erosion and sediment control plan and permit.
Bank Stabilization and Clearing: The updated proposal, dated 11 January 2023, includes clearing and bank stabilization along the southern and middle segments along the Ohio River where dredging is being avoided.
- The middle bank stabilization and clearing segment includes the removal of 1,267 cy of material and the discharge of 1,267 cy of material along 910 lf of the Ohio River. Work includes clearing, grubbing, and the installation of riprap.
- The southern bank stabilization and clearing segment includes the removal of 585 cy of material and the discharge of 585 cy of material along 275 lf. Work includes clearing, grubbing, and the installation of riprap.
Outfalls: Seven (7) stormwater outfalls and one (1) wastewater diffuser pipe would be installed along the LDB of the Ohio River at the edge of the normal pool limits. The stormwater outfalls would be installed at the normal pool limits and stabilized with riprap aprons. The discharge diffuser pipe would extend into the river a maximum of 260 feet from the normal pool elevation limit. The diffuser pipe would consist of 240 feet of pipe extending riverward from mooring cell M9. The diffuser pipe would be anchored to the riverbed with protective pilings. The estimated volume is 3.3 million gallons per day (mgd).
Intakes: A total of three (3) water intakes structures would be installed. The intake structures would not include a discharge of dredged and/or fill material, nor would the intake structure installation require any dredge activities. The intakes would consist of floating cylindrical wedge-wire drum screens suspended or rail-mounted off the southern end of the DRI casino barge and mooring cell DRI 19. The casino barge, a 300’ long x 11’ tall barge, would contain a proposed crane and hopper. The intake capacity is 10.1 mgd.
Ten-Year Maintenance Dredging: In order to maintain appropriate depth at the facility, the applicant has proposed periodic maintenance dredging within approximately 9.525 ac of the river. The periodic maintenance dredging would include the removal of 30,734 cy of material along 4,170 lf of the river. The maintenance dredging would be limited to previous construction dredging areas and around the intake footprint. Maintenance dredging would be completed using the same procedures and BMPs outlined above and below for the one-time construction dredging. Maintenance dredging would be limited to no more than two weeks in duration at any given time and will be performed outside of the fish spawning season. Perimeter controls would be placed around dredged material dewatering areas to minimize sediment-laden runoff. Maintenance dredging would occur at least once every 5 years.
Fish and Wildlife Mitigation: In order to offset potential adverse effects to fish and wildlife values, the applicant has proposed fish habitat enhancement at a ratio of approximately 1:1 for the impacted riverbed (0.866 ac loss of Ohio River riverbed within the normal pool limits), calculated based on the area of enhancement (at 25 feet from the normal pool shoreline) plus an additional 25-foot buffer, totaling 1.06 ac of replacement.
- The proposed on-site fish habitat mitigation includes the installation of 11 vertical feet of artificial fish habitat on the landward side of eight (8) mooring cells and dock quay, totaling 0.328 ac, below normal pool. Artificial habitat would include wire baskets and arrays of varied fish tubes along the sheet pile walls.
- The off-site fish habitat (0.732 ac) would include riverbank restoration and littoral zone habitat enhancements at a proposed site (Mercers Bottom at Sixteenmile Creek) located immediately downstream of the project area. The off-site fish habitat would create low-velocity shelter areas and substrate heterogeneity using rock boulder dikes and anchored woody materials that benefit larval fish and mussels by increasing spawning/rearing habitat and larval stage attachment opportunities, retaining sediment and colonizing vegetation during recessional flow stages, and protecting shoreline from the scour of boat traffic wake and drawdown. Work would include the installation of 13 longitudinal dikes, made up of rip rap with embedded tree boles/root wads, placed in a staggered array along 630 lf of the Ohio River.
Aquatic Resource Mitigation: To compensate for the loss of aquatic features associated with the temporary and permanent discharges of dredged and/or fill material into the features listed above and in the attached Table, the applicant has proposed the purchase of mitigation bank credits in order to satisfy stream mitigation requirements (731 lf loss; 392.26 debits) and the purchase of wetland credits from the West Virginia In-Lieu Fee Program (9.891 ac loss; 26.152 debits calculated with ration of PEM/PUB 2:1 and PFO/PSS 3:1, respectively).
Note: The proposal may include widening of approximately 6,800 lf of West Virginia Route 2. However, the applicant has stated this roadway work would not include the discharge of dredged and/or fill materials into waters of the United States subject to Corps’ regulation under Section 404.
The applicant states best management practices would be implemented to minimize downstream sedimentation and turbidity. The applicant would be required to obtain stormwater permits from the West Virginia Department of Environmental Protection (WVDEP) and to implement stormwater protection plans as needed for site construction following the requirements of the program. The applicant would also acquire and comply with all terms and conditions of the Section 401 Water Quality Certification (WQC) and the National Pollutant Discharge Elimination System (NPDES) NPDES permit. The NPDES permit application is currently pending with the WVDEP. The Construction Stormwater General Permit Registration No. WVR111533 was issued by the WVDEP on 9 May 2022.
A wastewater treatment system would be designed and installed to comply with the project- and site- specific requirements of the WVDEP NPDES industrial wastewater permit; baseline data is currently pending collection/review. A single wastewater treatment outfall would be installed within the project limits. Chemical constituents in the processed wastewater derived from the steel mill galvanizing process are anticipated to include iron, zinc, oil/grease, chlorine/chlorides, and temperature. Other constituents could be present in trace quantities and may be required to be monitored, pending review and consultation with WVDEP. The approximate volume of the discharge is anticipated to be 3.3 mgd. The extent of the mixing zone extends 1,000 feet downstream of the proposed wastewater discharge and within 300 feet of the eastern bank, which is within the footprint of the proposed inbound dock and mooring cells. The wastewater treatment system is currently under review with the WVDEP.