Sayler Park Village Council Meeting Minutes March 4th, 2019

19:33 Call to Order at Sayler Park School Rec/Community Room

Pledge of Allegiance.

Quorum: Officers: Apted, Dornette, Langdon, Maloney, and Yakutis. 37 members (total by sign in sheet). 8 non-members and guests.

February Minutes accepted (correction made)

Treasurer: Mary Dornette reported

Topic Amount Notes Checking Account Balance $33807.84 CD Balance $36,441.26 Deposits Dues $375.00 Bank Interest $4.23 Total Deposits $379.23 Expenses CNBDU $675.00 Branding Police Deposit $34.44 Duke Energy $96.85 Total Expenses $806.29 Balance 2/4 $34234.90 Total deposits (+) +379.23 Total expenses (-) -$806.29 Balance 3/4 $34,234.90

Fire Department Report 37 EMS 2 non fire 1 fire (dryer) River + Monitor accident Police Report One rape reported (acquaintance) Community Learning Center Institute April 8 draft of Neighborhood Plan expected to be sent out! Business District meeting will be March 13th, 7pm MSD Committee Next meeting with SMU, MSD, County

Sayler Park School Verizon Innovative Learning 5-8 IPAD, 5 gb/month, full time coach, training 2 years plus 2 years if they meet guidelines CRC Julie to retire effective April 1st 2019 Program guide online and distributed 10 am March 18, scam awareness Holly Maloney March 22nd home buying seminar Update on events: http://cincyrec.org/search/basicprogram.aspx?k=Sayler+Park+Recreation+Center David Pickerel Issue 1 May festival at Ace Hardware will be May 4 asking endorsement (approved) Acclamation vote With approval the $250 registration fee will to food pantry file fee instead of city with endorsement and per city agreement. Last year the event raised around $400. The goal this year is $1000 for the food pantry at Eden Chapel Issue 2 U-haul 3-6 trucks/trailers total to run March to October Zoning variance would extend longer than the plan Issue 3 Pickerel also asked for update on parking issue at Bisy Bees Bakery. Ellen Gerard, Business District, to follow up regarding removal of the signs. Special Presentation: POET presenting on transport station as option (1 hour allocation of time for this presentation by Matt Reiners, visiting from South Dakota and representing POET.) Guests attending presentation:

Ohio River Trail West Western Wildlife Corridor Benchmark (rail terminal) Two representatives from the Mayor’s office Dept of Community and Economic Development

Numerous questions for POET, Questions and Answers as attachment. Slideshow as attachment. Ohio EPA as attachment. Army COE as attachment (response was extended to March 6th) Adjourn 21:10 *********************************

March 25th Board meeting

19:00 start

Apted, Dornette, Langdon, Maloney, and Yakutis attending

Use of SPVC website for special events reviewed, Current policy maintained. April 10 Deaconess Health Services will be at Eden Chapel Paint the Town 2020 for Sayler Park is asking for input Standing committee created for CVG communications Agenda set for April 1st Meeting 20:20 Adjourn

POET is a 30-year-old, family-owned company that processes corn into biofuel, animal feed, corn oil and other products. We have 28 plant locations in rural communities across seven Midwest states. In Ohio, POET operates facilities in Marion, Leipsic and Fostoria, contracting with local farmers for grain. POET Nutrition coordinates our premium Dakota Gold distillers grain sales and delivery. We have historically loaded our product at terminals on the Ohio River in Cincinnati. To ensure loading and storage efficiency is in line with POET’s standards, we have decided to build our own facility to handle our feed products.

1. How will the project impact the future Muddy Creek Treatment Plant Expansion? MSD wants to expand the plant to the east, onto the proposed project property.

We have been in contact with city officials to ensure our project is consistent with surrounding buildings and future uses. No issues have been brought to our attention, and we are willing to work with the city should any issues arise.

2. How much noise can residents expect? What time of day? Our business hours are approximately 7 a.m.-5 p.m., and loading and storage activity will take place inside our buildings. We do not anticipate any issues with noise.

3. Will the grain produce a smell? Is there a smell when the material is transferred to the barge?

Handling and storage will take place within our buildings, and materials will be loaded onto covered barges. Any aromas will be contained within the facility.

4. Will pollutants be introduced to the air or river? Specifically concerned about the transfer of the grains onto the boat

and any smell reaching Sayler Park.

POET has industry-leading material handling and pollution control equipment to ensure material is loaded and stored in a safe manner. In addition, there are strict rules in place to ensure these types of problems do not occur. We are an environmental business, and we work closely with the EPA, Ohio EPA, Corps of Engineers and other agencies to follow best-practices and sound environmental stewardship.

5. How many jobs are expected to be created? What salary range? Will they be available to Sayler Park residents?

This facility will employ 8-10 new POET team members. We pride ourselves on being a premier employer, with a culture of safety and competitive pay, benefits, PTO and 401-K programs as well as a “value share” program for additional incentives if the facility performs well. These jobs are available for all who qualify.

6. Will increased barge traffic impact recreation on the Ohio River?

This project should not affect recreational boating. We have notified several of the area boating clubs to ensure they have had a chance to view the project and comment.

7. What impacts will the grain have on rodents and coyotes? Will it draw more? Will it displace coyotes and push them

into Sayler Park?

Grain will be contained within the buildings, which will have a pest control and prevention program in place. The facility will also include landscaping and will improve the current look of the property.

8. How much road traffic is expected? Specifically concerned about the wear and tear on US 52.

Traffic study has indicated minimal changes in traffic to the area. Much of the traffic already uses Highway 52 and will simply deliver to POET instead of another nearby facility. Road conditions are important to our business, and we support proper road repair and maintenance. We work with dedicated carrier networks and require them to meet our stringent safety standards.

9. Will an appropriate traffic light and railroad crossing be installed at the entrance?

We will partner with the city to ensure we have the most appropriate and safe turning and crossing systems. Traffic flow is important to our process as well, as important to us as it probably is to you. Our employees will be members of this community, and we want to ensure a safe environment for everyone.

10. How large will the warehouse be?

The warehouse will be 40,000 sq ft in total

11. How tall are the proposed structures? The tallest structure on site will be 112 ft tall and only be 715 total sq ft. The building will be 67 ft tall at its peak.

12. How will the facility cope with seasonal river flooding?

The facility will sit at or above the 100-year flood plain, with designs to account for river-level fluctuations. Should it be necessary, we will be able to secure and shutter the facility during a historic flood event.

13. What impact studies will be performed and by who? Will the Village receive copies?

As part of our permit applications, we had a number of impact studies done, such as historic artifact and protected species analysis. No issues were noted, and these are currently available from the city.

14. What pollutants will be introduced into the air or water?

We are working closely with the OH EPA to obtain an air permit for operations that will dictate our emissions criteria. That said, we do not anticipate having any pollutants of note introduced into the air or water outside of a furnace and an air conditioning system in our employee welfare area.

15. Does POET own or operate other transload facilities in our area?

POET does not own or operate any other transloads in the area.

16. Does POET currently load grain at an existing facility in our area?

Yes. POET utilizes several local transloads in the Cincinnati area today.

17. Provide specific examples on how you have directly improved/benefited communities

Will be a component of our presentation. We pride ourselves in being community partners and participants. From our work with schools and students to our work with communities in Kenya, we are extremely active as a POET Family.

18. Why do the plans state the property is in Delhi Twp? Is it within the City of Cincinnati?

This was an oversight by our permitting partners. We are in the City of Cincinnati

19. Will the facility require a zoning change?

No zoning changes will be required for this site.

20. Ohio River Trail West is planning to connect through this property. Is an easement or another form of safe passage guaranteed?

a. We are working with the City of Cincinnati closely and will work with them on this project as it moves west. At this time, we see no issues with the Trail West project.

Welcome to POET

• State-of-the-Art Fire Suppression Systems

• Industry-Leading Safety Program

• On-Site First Responder Training

• Partnership with OSHA and OHDEM to Ensure Strict Compliance with All Codes and Safety Measures

• Employing 1,900+ Local Team Members

• Creating Rewarding Career Opportunities in Agri-Business, Biochemistry and Engineering

• Facilitating Local Job Training and Education

• Supporting Local Businesses: Seed and Farm Equipment Dealers, Truck Drivers, Retailers, Contractors, Maintenance Workers and Restaurants

• Contributing $200+ Million Annually to the Local Economy at Each POET Location

• Sponsoring College Scholarships, Community Grants, Local Non-Profit Activities and Volunteer Programs

Public Notice US Army Corps of Engineers

Public Notice No. Open Date: Close Date: LRL-2018-01102-kjs 28 Jan 2019 27 Feb 2019

Louisville District ®

Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Kimberly J. Simpson, CELRL-RDN, Rm 752 P.O. Box 59 Louisville, Kentucky 40201-0059 Phone: 502-315-6691

This notice announces an application submitted for a Department of the Army (DA) Permit subject to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA). APPLICANT: POET Nutrition, Inc.

4506 North Lewis Avenue Sioux Falls, South Dakota 57104

LOCATION: Ohio River Mile Marker 481 and in a wetland within a 26.7-acre parcel at 6095 River Road in Cincinnati, Hamilton County, Ohio.

Latitude: 39.100226

Longitude: -84.679924 7.5 Minute Quad: Burlington, Kentucky PURPOSE: Construction of a new truck-to-barge transloading facility. DESCRIPTION OF WORK: The applicant proposes to construct a new transloading facility for the unloading of dried distillers’ grains (DDGs), which are used for feed products. The facility is expected to handle 80 to 100 trucks per 9-hour day. The DDGs would be unloaded from trucks and routed to flat storage in a warehouse or to barge load-out for export. No materials would be received via barge. Inland, the proposed project would include the construction of a temporary pier to be used during construction activities, a material conveyor, warehouse, scale house, receiving pit, roads, utilities, and stormwater management. In the river, the proposed project would include the construction of five (5) mooring cells, placement of two (2) capture barges, and the mooring of up to four (4) transport barges. The proposed facility would run no more than 880 feet in length along the riverbank and would extend riverward 130 feet from normal pool elevation 453.5. The transport barges would be secured to cells in three locations via one (1) inch wire ropes and a masterlink for maneuverability purposes during load-out of material which must remain dry. The proposed project would temporarily impact 0.6 acre of a forested wetland and 0.03 acre (50 linear feet) of Ohio River for access purposes and the placement of a work pier. Permanent impacts include 0.16 acre of a forested wetland for the construction of a materials conveyor and 0.07 acre (144 linear feet) of Ohio River for the construction of five (5) cells. AVOIDANCE & MINIMIZATION MEASURES: The applicant considered alternatives to reduce impacts to “waters of the United States”, including wetlands. The applicant proposes to restore the

Regulatory Division North Branch Public Notice No. LRL-2018-01102

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temporarily impacted forested wetland areas through removal of timbermats, tree plantings, and monitoring. To compensate for permanent impacts to 0.16 acre of a forested wetland, the applicant proposes to purchase 0.4 acre of forested wetland credits from the Big Darby Hellbranch Wetland Mitigation Bank. The proposed project site is located in the secondary service area of the proposed mitigation bank. There are no mitigation banks with a service area that includes the location of the proposed project site. 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 on this project until a State of Ohio Section 401 Water Quality Certification (WQC) from the Ohio Environmental Protection Agency (OEPA) is on file in this office or it is considered waived. In order to further comply with Section 401 of the Clean Water Act, the applicant must apply for 401 WQC from OEPA. 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. 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, prehistoric, 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). 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 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.

Regulatory Division North Branch Public Notice No. LRL-2018-01102

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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 https://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/. All comments regarding this proposal should be addressed to Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2018-01102.

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-2018-01102.

Example: LRL-2018-01102 (subject)

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 ahard copy (CD or paper) to the Corps’ physical address as well.

Legend I0 4,0002,000

Feet

Notes:

1. Topo source: USGS Topographic Maps; Burlington Quad

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Proposed Vicinity MapFigure 1 of 7

Project Location:Hamilton County, Ohio

PNT-04 Transload FacilityStudy Boundary

U.S. Route 50

Bender Road

Study Boundary

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1. Imagery source: Hamilton County 2014

0 400200

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Conveyor(Length = 170 feet

Width = 42 feet0.16 acres)

Tree Clearingfor Mooring Cell

Construction(includes

reforestation plan)(Length = 214 feet

Width = 49 feet0.24 acres)

Permanent Impacts(Fill/Permanent Conversion)

Temporary Impacts(Timber Mats/Tree Clearing/Pier)

Approximate Site DevelopmentConstruction Limits

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0.03 acres)

Proposed BMP

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LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Proposed Fleeting Arrangement Map Figure 3 of 7

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SECTION A-A LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cross Section A-A Figure 4 of 7

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SECTION B-B LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cross Section B-B Figure 5 of 7

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cell Detail MapFigure 6 of 7

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Typical Detail of Transport Barge Securement to River CellsFigure 7 of 7

John R. Kasich, Governor

Mary Taylor, Lt. Governor

Craig W. Butler, Director

Central Office • 50 W. Town St. • Suite 700 • P.O. Box 1049 • Columbus, OH 43216-1049 www.epa.ohio.gov • (614) 644-3020 • (614) 644-3184(fax)

January 22, 2019

Re: PNT-04 Transload Facility Permit - Intermediate

Application and Support 401 Wetlands Hamilton County DSW401186115

Office of Real Estate

Paul R. Baldridge, Chief

2045 Morse Road – Bldg. E-2 Columbus, OH 43229

Phone: (614) 265-6649

Fax: (614) 267-4764

December 18, 2018

Teagan Loew Stone Environmental 748A Greencrest Drive Westerville, Ohio 43081

Re: 18-1247; PNT-04 Transload Facility

Project: The proposed Project consists of constructing a transload facility to load trucked-in materials onto barges within the Ohio River Location: The proposed project is located in Delhi Township, Hamilton County, Ohio.

The Ohio Department of Natural Resources (ODNR) has completed a review of the above referenced project. These comments were generated by an inter-disciplinary review within the Department. These comments have been prepared under the authority of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the National Environmental Policy Act, the Coastal Zone Management Act, Ohio Revised Code and other applicable laws and regulations. These comments are also based on ODNR’s experience as the state natural resource management agency and do not supersede or replace the regulatory authority of any local, state or federal agency nor relieve the applicant of the obligation to comply with any local, state or federal laws or regulations. Natural Heritage Database: The Natural Heritage Database records were provided in the project documentation on pages 2-3 and are still accurate. Fish and Wildlife: The Division of Wildlife (DOW) has the following comments. The DOW recommends that impacts to wetlands and other water resources be avoided and minimized to the fullest extent possible, and that best management practices be utilized to minimize erosion and sedimentation. The project is within the range of the Indiana bat (Myotis sodalis), a state endangered and federally endangered species. The following species of trees have relatively high value as potential Indiana bat roost trees to include: shagbark hickory (Carya ovata), shellbark hickory (Carya laciniosa), bitternut hickory (Carya cordiformis), black ash (Fraxinus nigra), green ash (Fraxinus pennsylvanica), white ash (Fraxinus americana), shingle oak (Quercus imbricaria), northern red oak (Quercus rubra), slippery elm (Ulmus rubra), American elm (Ulmus

americana), eastern cottonwood (Populus deltoides), silver maple (Acer saccharinum), sassafras (Sassafras albidum), post oak (Quercus stellata), and white oak (Quercus alba). Indiana bat roost trees consists of trees that include dead and dying trees with exfoliating bark, crevices, or cavities in upland areas or riparian corridors and living trees with exfoliating bark, cavities, or hollow areas formed from broken branches or tops. However, Indiana bats are also dependent on

the forest structure surrounding roost trees. If suitable habitat occurs within the project area, the DOW recommends trees be conserved. If suitable habitat occurs within the project area and trees must be cut, the DOW recommends cutting occur between October 1 and March 31. If suitable trees must be cut during the summer months, the DOW recommends a net survey be conducted between June 1 and August 15, prior to any cutting. Net surveys should incorporate either nine net nights per square 0.5 kilometer of project area, or four net nights per kilometer for linear projects. If no tree removal is proposed, this project is not likely to impact this species. The project is within the range of the sheepnose (Plethobasus cyphyus), a state endangered and federally endangered mussel, the fanshell (Cyprogenia stegaria), a state endangered and federally endangered mussel, the pink mucket (Lampsilis orbiculata), a state endangered and federally endangered mussel, the rayed bean (Villosa fabalis), a state endangered and federally endangered mussel, the snuffbox (Epioblasma triquetra), a state endangered and federally endangered mussel, the ebonyshell (Fusconaia ebena), a state endangered mussel, the long-solid (Fusconaia

maculata maculata), a state endangered mussel, the butterfly (Ellipsaria lineolata), a state endangered mussel, the washboard (Megalonaias nervosa), a state endangered mussel, the elephant-ear (Elliptio crassidens crassidens), a state endangered mussel, the Ohio pigtoe (Pleurobema cordatum), a state endangered mussel, the monkeyface (Quadrula metanevra), a state endangered mussel, the wartyback (Quadrula nodulata), a state endangered mussel, the black sandshell (Ligumia recta), a state threatened mussel, the fawnsfoot (Truncilla

donaciformis), a state threatened mussel, and the threehorn wartyback (Obliquaria reflexa), a state threatened mussel. The DOW understands that a mussel survey and relocation was conducted within the project area in October 2018. No further coordination regarding mussels is necessary. The project is within the range of the shortnose gar (Lepisosteus platostomus), a state endangered fish, the shoal chub (Macrhybopsis hyostoma), a state endangered fish, the shovelnose sturgeon (Scaphirhynchus platorynchus), a state endangered fish, the lake sturgeon (Acipenser fulvescens), a state endangered fish, the northern madtom (Noturus stigmosus), a state endangered fish, the bigeye shiner (Notropis boops) a state threatened fish, the mountain madtom (Noturus

eleutherus), a state threatened fish, the river darter (Percina shumardi) a state threatened fish, the channel darter (Percina copelandi), a state threatened fish, the blue sucker (Cycleptus elongatus), a state threatened fish, and the paddlefish (Polyodon spathula) a state threatened fish. The DOW recommends no in-water work in the Ohio River from March 15 through June 30 to reduce impacts to indigenous aquatic species and their habitat. The project is within the range of the Kirtland’s snake (Clonophis kirtlandii), a state threatened species. This secretive species prefers wet meadows and other wetlands. Due to the location, and the type of habitat present at the project site and within the vicinity of the project area, this project is not likely to impact this species. The project is within the range of the cave salamander (Eurycea lucifuga), a state endangered species. Due to the location, and the type of habitat present at the project site and within the vicinity of the project area, this project is not likely to impact this species. The project is within the range of the American bittern (Botaurus lentiginosus), a state endangered bird. Nesting bitterns prefer large undisturbed wetlands that have scattered small pools amongst dense vegetation. They occasionally occupy bogs, large wet meadows, and dense shrubby swamps. Due to the location, and the type of habitat present at the project site and within the vicinity of the project area, this project is not likely to impact this species.

The project is within the range of the lark sparrow (Chondestes grammacus), a state endangered bird. This sparrow nests in grassland habitats with scattered shrub layers, disturbed open areas, as well as patches of bare soil. In the Oak Openings area west of Toledo, lark sparrows occupy open grass and shrubby fields along sandy beach ridges. These summer residents normally migrate out of Ohio shortly after their young fledge or leave the nest. Due to the location, and the type of habitat present at the project site and within the vicinity of the project area, this project is not likely to impact this species. The project is within the range of the Sloan’s crayfish (Orconectes sloanii), a state threatened species. Due to the location, this project is not likely to impact this species. Due to the potential of impacts to federally listed species, as well as to state listed species, we recommend that this project be coordinated with the U.S. Fish & Wildlife Service. Water Resources: The Division of Water Resources has the following comments. The local floodplain administrator should be contacted concerning the possible need for any floodplain permits or approvals for this project. Your local floodplain administrator contact information can be found at the website below. http://water.ohiodnr.gov/portals/soilwater/pdf/floodplain/Floodplain%20Manager%20Community%20Contact%20List_8_16.pdf ODNR appreciates the opportunity to provide these comments. Please contact John Kessler at (614) 265-6621 if you have questions about these comments or need additional information. John Kessler ODNR Office of Real Estate 2045 Morse Road, Building E-2 Columbus, Ohio 43229-6693 John.Kessler@dnr.state.oh.us

PHOTO LOG WTL-001 – Four Cardinal Direction Photographs

PNT-04 Transload Facility, Delhi Township, Hamilton County, Ohio

1 Photographs taken October 11, 2018

C545-006-18

1 - Viewing north within WTL-001.

2 - Viewing east within WTL-001.

PHOTO LOG WTL-001 – Four Cardinal Direction Photographs

PNT-04 Transload Facility, Delhi Township, Hamilton County, Ohio

2 Photographs taken October 11, 2018

C545-006-18

3 - Viewing south within WTL-001.

4 - Viewing west within WTL-001.

Public Notice US Army Corps of Engineers

Public Notice No. Open Date: Close Date: LRL-2018-01102-kjs 28 Jan 2019 27 Feb 2019

Louisville District ®

Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Kimberly J. Simpson, CELRL-RDN, Rm 752 P.O. Box 59 Louisville, Kentucky 40201-0059 Phone: 502-315-6691

This notice announces an application submitted for a Department of the Army (DA) Permit subject to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA). APPLICANT: POET Nutrition, Inc.

4506 North Lewis Avenue Sioux Falls, South Dakota 57104

LOCATION: Ohio River Mile Marker 481 and in a wetland within a 26.7-acre parcel at 6095 River Road in Cincinnati, Hamilton County, Ohio.

Latitude: 39.100226

Longitude: -84.679924 7.5 Minute Quad: Burlington, Kentucky PURPOSE: Construction of a new truck-to-barge transloading facility. DESCRIPTION OF WORK: The applicant proposes to construct a new transloading facility for the unloading of dried distillers’ grains (DDGs), which are used for feed products. The facility is expected to handle 80 to 100 trucks per 9-hour day. The DDGs would be unloaded from trucks and routed to flat storage in a warehouse or to barge load-out for export. No materials would be received via barge. Inland, the proposed project would include the construction of a temporary pier to be used during construction activities, a material conveyor, warehouse, scale house, receiving pit, roads, utilities, and stormwater management. In the river, the proposed project would include the construction of five (5) mooring cells, placement of two (2) capture barges, and the mooring of up to four (4) transport barges. The proposed facility would run no more than 880 feet in length along the riverbank and would extend riverward 130 feet from normal pool elevation 453.5. The transport barges would be secured to cells in three locations via one (1) inch wire ropes and a masterlink for maneuverability purposes during load-out of material which must remain dry. The proposed project would temporarily impact 0.6 acre of a forested wetland and 0.03 acre (50 linear feet) of Ohio River for access purposes and the placement of a work pier. Permanent impacts include 0.16 acre of a forested wetland for the construction of a materials conveyor and 0.07 acre (144 linear feet) of Ohio River for the construction of five (5) cells. AVOIDANCE & MINIMIZATION MEASURES: The applicant considered alternatives to reduce impacts to “waters of the United States”, including wetlands. The applicant proposes to restore the

Regulatory Division North Branch Public Notice No. LRL-2018-01102

2

temporarily impacted forested wetland areas through removal of timbermats, tree plantings, and monitoring. To compensate for permanent impacts to 0.16 acre of a forested wetland, the applicant proposes to purchase 0.4 acre of forested wetland credits from the Big Darby Hellbranch Wetland Mitigation Bank. The proposed project site is located in the secondary service area of the proposed mitigation bank. There are no mitigation banks with a service area that includes the location of the proposed project site. 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 on this project until a State of Ohio Section 401 Water Quality Certification (WQC) from the Ohio Environmental Protection Agency (OEPA) is on file in this office or it is considered waived. In order to further comply with Section 401 of the Clean Water Act, the applicant must apply for 401 WQC from OEPA. 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. 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, prehistoric, 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). 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 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.

Regulatory Division North Branch Public Notice No. LRL-2018-01102

3

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 https://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/. All comments regarding this proposal should be addressed to Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2018-01102.

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-2018-01102.

Example: LRL-2018-01102 (subject)

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 ahard copy (CD or paper) to the Corps’ physical address as well.

Legend I0 4,0002,000

Feet

Notes:

1. Topo source: USGS Topographic Maps; Burlington Quad

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Proposed Vicinity MapFigure 1 of 7

Project Location:Hamilton County, Ohio

PNT-04 Transload FacilityStudy Boundary

U.S. Route 50

Bender Road

Study Boundary

State Route 8

SCALEHOUSE

WAREHOUSE

TRANSLOAD

FUTURE

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Legend

Notes:

1. Imagery source: Hamilton County 2014

0 400200

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I

Date: January 4, 2019

Study Boundary

Kentucky

Ohio

Flow

Category 2 Forested Wetland

U.S. Route 50

Cut 6 to 10 Trees (Length = 477 feet

Width = 33 feet0.36 acres)

Conveyor(Length = 170 feet

Width = 42 feet0.16 acres)

Tree Clearingfor Mooring Cell

Construction(includes

reforestation plan)(Length = 214 feet

Width = 49 feet0.24 acres)

Permanent Impacts(Fill/Permanent Conversion)

Temporary Impacts(Timber Mats/Tree Clearing/Pier)

Approximate Site DevelopmentConstruction Limits

Temporary Pier(Length = 50 feet)Width = 25 feet)

0.03 acres)

Proposed BMP

Proposed BMP

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LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Proposed Fleeting Arrangement Map Figure 3 of 7

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SECTION A-A LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cross Section A-A Figure 4 of 7

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SECTION B-B LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cross Section B-B Figure 5 of 7

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Cell Detail MapFigure 6 of 7

LRL-2018-01102POET Nutritian, Inc.PNT-04 Transloading Facility Cincinnati, Hamilton County, Ohio Typical Detail of Transport Barge Securement to River CellsFigure 7 of 7