Loyall, Kentucky Slope Failure Design Deficiency Environmental Assessment
May 2018
Nashville District
U.S. Army Corps of Engineers
Table of Contents Table of Contents ...... 1 Figures ...... 2 Tables ...... 3 Acronyms ...... 4 1.0 PROJECT DESCRIPTION ...... 5 1.1 Project Location and Background ...... 5 1.2 Project Authority ...... 5 1.3 Statement of Purpose and Need ...... 6 1.4 Proposed Federal Action ...... 6 1.5 Prior NEPA Documentation ...... 6 2.0 PROPOSED ALTERNATIVES ...... 9 2.1 Alternative 1 (No Action Alternative) ...... 9 2.2 Alternative 2 (Lay-Back Slope Alternative) ...... 9 2.3 Alternative 3 (Shot-In-Place Buttress Alternative) ...... 10 2.4 Alternative 4 (Top-Down Excavation Method) ...... 10 2.5 Alternatives Eliminated from Consideration ...... 12 3.0 ENVIRONMENTAL SETTING AND CONSEQUENCES ...... 14 3.1 Location/Land Use ...... 14 3.2 Soils ...... 14 3.3 Climate ...... 15 3.4 Floodplain ...... 16 3.5 Water Quality ...... 17 3.6 Wetlands ...... 20 3.7 Wild and Scenic Rivers ...... 20 3.8 Terrestrial Vegetation and Wildlife ...... 20 3.9 Aquatic Vegetation and Wildlife ...... 21 3.10 Federally Threatened and Endangered Species ...... 22 3.11 Hazardous, Toxic, or Radioactive Waste ...... 23 3.12 Cultural and Historic Resources ...... 23 3.13 Air Quality ...... 25 3.14 Noise ...... 26 3.15 Socioeconomics ...... 26 3.16 Prime Farmland Protection Policy Act ...... 28
1 Loyall, KY Slope Failure Design Deficiency Appendix A: Draft Environmental Assessment 3.17 Traffic ...... 28 3.18 Health and Safety ...... 29 3.19 Navigation ...... 29 3.20 Recreation and Scenic Resources ...... 30 4.0 CUMULATIVE EFFECTS ...... 30 5.0 STATUS OF ENVIRONMENTAL COMPLIANCE ...... 39 5.1 National Environmental Policy Act (NEPA) ...... 40 5.2 Executive Order 11990-Wetlands ...... 40 5.3 Farmland Policy Protection Act ...... 40 5.4 Executive Order 11988-Floodplain Management ...... 40 5.5 Clean Water Act ...... 40 5.6 Kentucky Pollutant Discharge Elimination System (KPDES) Permit ...... 40 5.7 Endangered Species Act and Fish and Wildlife Coordination Act ...... 41 5.8 Fish and Wildlife Coordination Act ...... 41 5.9 National Historic Preservation Act ...... 41 5.10 Executive Order 13514 – Environmental Justice ...... 41 5.11 Executive Order 13563- Preparing the United States for the Impacts of Climate Change 42 5.12 Clean Air Act ...... 42 5.13 Comprehensive Environmental Response, Compensation, and Liability Act ...... 42 5.14 Resource Conservation and Recovery Act ...... 42 6.0 PUBLIC AND AGENCY COORDINATION ...... 42 6.1 Scoping Letter and Responses ...... 42 7.0 PERMITS REQUIRED ...... 43 8.0 CONCLUSIONS ...... 44 9.0 LIST OF INFORMATION PROVIDERS AND PREPARERS ...... 44 10.0 REFERENCES ...... 45
Figures Figure 1. Project Vicinity Map, Harlan, Kentucky ...... 7 Figure 2. Wix Howard Cemetery Visit on February 24, 2016 ...... 8 Figure 3. Wix Howard Cemetery Visit on September 6, 2016...... 8 Figure 4. Proposed Footprint of the Lay-Back Slope Alternative ...... 10 Figure 5. Proposed Footprint of the Shot-In-Place Buttress Alternative ...... 11 Figure 6. Proposed Footprint of the Top-Down Excavation Alternative ...... 13
2 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment Figure 7. Eastern Coal Fields, Ecoregion 69e, and Harlan, Kentucky Locations...... 14 Figure 8. FIRM Floodplain ...... 17 Figure 9. River/ Stream Assessments in the Wallins Creek Watershed (KDMP, 2013) ...... 19 Figure 10. Map of the Wallins Creek Watershed (KDMP, 2013) ...... 32 Figure 11. Past, Present and Pending Future Mining Projects (from 2013) in the Wallins Creek Watershed (KDMP, 2013) ...... 36 Figure 12. Mining Production in Eastern and Western Kentucky (2000-Q4, 2017)...... 37 Figure 13. Historic Water Quality Monitoring Sites from KDNR (KDMP, 2013) ...... 39
Tables Table 1. Cost Estimates for Alternatives 1-4 ...... 13 Table 2. Impaired Stream Reaches in the Wallins Creek Watershed ...... 18 Table 3. Federally Listed Species in Harlan County, Kentucky ...... 22 Table 4. Socioeconomic statistics ...... 27 Table 5. Land Use Cover in the Wallins Creek Watershed ...... 34
Appendices Appendix A. Correspondence Appendix B. Emergency NEPA Documentation Appendix C. Section 106 NHPA Coordination Appendix D. Phase IA Environmental Site Assessment Appendix E. Section 404 (b) (1) Evaluation Appendix F. Unsigned FONSI
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Acronyms APE – Area of Potential Affect dB – decibels BMP’s – Best Management Practices CEQ – Council on Environmental Quality CFR – Code of Federal Regulations CWA – Clean Water Act DAQ – Kentucky Division of Air Quality EA – Environmental Assessment EIS – Environmental Impact Statement EPA – Environmental Protection Agency ER – Engineer Regulation ESA – Endangered Species Act ESA – Environmental Site Assessment FPPA – Farmland Protection Policy Act FONSI – Finding of No Significant Impact HEC-RAS – Hydrologic Engineering Center River Analysis System HTRW – Hazardous, Toxic or Radioactive Waste IPAC – Information for Planning and Consultation KDFWR – Kentucky Department of Fish and Wildlife Resources KDOW – Kentucky Division of Water KDNR – Kentucky Department of Natural Resources KIA – Kentucky Infrastructure Authority KPDES – Kentucky Pollutant Discharge Elimination System NAAQS – National Ambient Air Quality Standards NEPA – National Environmental Policy Act NHPA – National Historic Preservation Act NRHP – National Register of Historic Places NWI – National Wetland Inventory PVC – polyvinyl chloride USACE – U.S. Army Corps of Engineers, Nashville District USCB – U.S. Census Bureau USFWS – U.S. Fish and Wildlife Service
4 Loyall, KY Slope Failure Design Deficiency Appendix A: Draft Environmental Assessment
1.0 PROJECT DESCRIPTION 1.1 Project Location and Background This Environmental Assessment (EA) is being prepared to assess the impacts of potential actions to stabilize and remediate an unstable slope, which is currently eroding into Cumberland River Diversion Channel at Cumberland River Mile 692.8 (right descending bank), in Loyall (Harlan County), Kentucky (Figure 1). The area is in Kentucky’s 5th Congressional District and represented by Kentucky Senate District 29 and House District 84. The diversion channel was completed in the mid-1990s and was part of the Harlan, Loyall, and Rio Vista Flood Damage Reduction (FDR) Project under Section 202 of Public Law 96-367 (October, 1980). The purpose of the diversion channel was to alter the course of the Cumberland River around the City of Loyall to reduce flood damages. A slide has developed on the hillslope above the diversion channel cut below the existing Wix Howard Cemetery. The slide is depositing rock and soil debris in the diversion channel and reducing flood conveyance capacity. Erosion near the top of the slope is presently becoming more pronounced; destabilizing a portion of the Wix Howard Cemetery, located up slope from the channel.
In February 2016, an erosional feature (scarp) began to develop in the road cut (Figure 2). Bi-weekly monitoring by USACE during 2016 revealed that the scarp had developed to the point where three known graves, and three unmarked graves had eroded and were unstable. The six graves were deterred and reinterred in the nearby Resthaven Cemetery in July, 2017. An additional 61 graves were deterred and reinterred in Resthaven Cemetery in March, 2018. These two actions were evaluated under emergency EA documents, which both concluded in a Finding of No Significant Impact (FONSI). The emergency EA and FONSI documents are further described in Section 1.5. Continual monitoring indicates the scarp has continued to erode, leaving the potential for further impacts to graves if not properly remediated. The affected area is a steep, rocky, bluff hillside, sloping from a grassed cemetery, mowed by the City of Loyall, at the top to the diversion channel at the bottom.
1.2 Project Authority This EA for slope remediation is prepared under the National Environmental Policy Act (NEPA) of 1969, as implemented by the regulations promulgated by the President’s Council on Environmental Quality (40 Code of Federal Regulations (CFR) Parts 1500-1508), and the U.S. Army Corps of Engineers (USACE) implementing regulation, Engineer Regulation 200-2-2, 1988. This EA analyzes the potential environmental and human impacts of the stabilization project and will determine whether to prepare an Environmental Impact Statement (EIS) or a FONSI.
Engineering and Construction (CECW-EC) in Washington, DC (USACE Headquarters), has reviewed project information and determined on September 2, 2016 that the hillside slope failure was a result of a design deficiency in accordance with in ER 1165-2-119 “Modifications of Completed Projects.” This determination approves the use of design deficiency authority.
5 Loyall, KY Slope Failure Design Deficiency Appendix A: Draft Environmental Assessment
1.3 Statement of Purpose and Need The purpose of the proposed slide remediation project is to restore the flood control capacity of the Cumberland River diversion channel to pre-slide conditions, stabilize the affected portion of the northern hill slope, and also stabilize the Wix Howard Cemetery. Photographs of the cemetery condition were taken during visits on February 24, 2016 (Figure 2) and on September 6, 2016 (Figure 3). The photographs of the two visits clearly show that the cemetery hillside is destabilizing. Slope movements tend to happen suddenly after a rainfall. There is no accurate way of predicting the precise timing of further movement as it is contingent on the quantity and intensity of rainfall event(s). However, the height of the current scarp indicates that the scarp will continue to destabilize and affect other portions of the cemetery, especially a rain event of moderate to high intensity. Any prolonged project delay increases the probabilities of a rainfall event sufficient to destabilize the scarp wall, which would result in a large volume of soil and rock sliding into the Cumberland River Diversion Channel.
1.4 Proposed Federal Action As stated in a project scoping letter, advertised to the public on February 14, 2018 (Appendix A), USACE is proposing to stabilize the hillside and remove debris that has slide into the Cumberland River from previous erosion. The district may proceed with a cost effective and prudent corrective action, under existing project authority through the normal budget process.
1.5 Prior NEPA Documentation An Environmental Impact Statement for the Harlan, Loyall, and Rio Vista, Kentucky Flood Damage Reduction Study was filed on in April, 1988. The Record of Decision was signed on August 8, 1988.
USACE has recently performed two emergency actions, in advance of the proposed slide stabilization project, to protect graves in Wix Howard Cemetery from damage and loss. These two actions were evaluated pursuant to Council of Environmental Quality (CEQ) Memorandum dated May 12, 2010, Subject: Emergencies and National Environmental Policy Act (NEPA). An EA was completed and FONSI document signed on November 3, 2016 to implement the first emergency action, in which six graves were and reinterred in nearby Resthaven Cemetery, located approximately 1 mile from Wix Howard Cemetery. Due to worsening conditions of the slide, a second emergency action, documented in EA (Supplement 1), was completed and a FONSI signed on January 26, 2018 to move additional endangered graves. In March 2018, 61 additional graves were disinterred to be reinterred into the Resthaven Cemetery. The previous EA documents are attached as Appendix B.
This EA is written to evaluate future efforts, which includes the removal of slope debris that has fallen into the Cumberland River Diversion channel and stabilization of the Wix Howard Cemetery hillside. In a USACE Headquarters memo dated September 2, 2016stated “Water was the source of the slope failure. Hence, drainage improvements to collect and divert surface water (e.g. catch basins and/or swales) and subsurface water (e.g. seepage drains) should have been installed to divert water away from the cut slope. The USACE may proceed with a cost effective and prudent corrective action, under existing project authority through the normal budget process.”
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Figure 1. Project Vicinity Map, Harlan, Kentucky
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Figure 2. Wix Howard Cemetery Visit on February 24, 2016
Figure 3. Wix Howard Cemetery Visit on September 6, 2016.
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2.0 PROPOSED ALTERNATIVES 2.1 Alternative 1 (No Action Alternative) The No Action Alternative is evaluated in detail because it serves to establish a baseline or “without project conditions” that complies with NEPA. Under this alternative, no federal action would be taken. This alternative avoids additional Federal monetary investment and environmental impacts related to construction, but does not satisfy the authorized project objectives.
If not rectified, large amounts of soil and rock would continue to wash down-gradient, reducing storage capacity in the diversion channel and potentially resulting in flooding upstream of the slope failure. In addition to potential flood storage impacts, the No Action Alternative would result in failure of the hillside slope and the eventual loss of additional graves down the hillslope into the diversion channel. The graves would likely not be recoverable. Saturated soils from high rainfall events, and inadequate drainage are causes of the hillslope failure based on a determination from CECW-EC on September 2, 2016 (See Section 1.2). Normal rainfall events would continuously saturate the cemetery soils and increase the risk of affecting a larger area of cemetery susceptible to hillside slope failure.
Since design deficiencies are present, the Federal Government has the authority to rectify the problems in order to make the project function in a safe and reliable manner as intended. The No Action Alternative would be the basis against which the other alternatives are evaluated.
2.2 Alternative 2 (Lay-Back Slope Alternative) This alternative consists of removing the slide material and laying back the existing hillside to a stable, 1 foot horizontal by 1 foot vertical (1H:1V) rock slope. The soil above the top of rock would be laid back at a 2H:1V slope and reinforced with soil nails and geotextile fabric, to ensure long term stability. The approximate limit of the slope is shown by the orange line in Figure 44. The yellow line shows the required contractor work limits and the additional area from which all graves would need to be removed (Figure 4). The Lay-Back Slope Alternative is a complete alternative as it provides and accounts for all necessary actions needed to ensure the realization of the planned project outputs. It would achieve the project purpose by addressing the slope failure, but it involves the relocation of approximately 130 graves (in addition to the 67 that have already been reinterred), a higher impact to the cemetery than any of the other alternatives. It is also the most expensive of the alternatives considered, costing approximately 43% more than Alternatives 3 and 4.
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Work Area Footprint Proposed Lay- Back Footprint
Current Slide Failure
Figure 4. Proposed Footprint of the Lay-Back Slope Alternative
2.3 Alternative 3 (Shot-In-Place Buttress Alternative) This alternative consists of using precision blasting to fracture the slide surface, in order to roughen the slide plane and inhibit further movement (Figure 5). The bulk of the rock slide material would be left in place in the diversion channel to form a buttress against the scarp face, with additional stone strategically added as additional reinforcement. The upper, soil layer would be laid back at a 2Hh:1V slope and reinforced with soil nails and geotextile fabric, to ensure long term stability. With this alternative, the toe of the buttress would infringe on the original channel design by about 20 feet, resulting in approximately 0.10 acre fill in waters of the U.S. This alternative would not require the removal of any graves in addition to the 67 that have already been reinterred.
2.4 Alternative 4 (Top-Down Excavation Method) The affected area of the cemetery would be graded to follow the surrounding topography as closely as possible for aesthetic concerns. Grading design involves the installation of soil nails, rock anchors and gabion baskets at the upper portion of the slide remediation area where it is adjacent to the cemetery. The grading in the rock fill portion of the slope remediation area would consist of placing rock material in a series of 10-foot lifts, or benches into the excavated area, positioned directly against the excavated rock wall to provide a buttress for the excavated slope, which would be located in uplands above the diversion channel. Engineered rock fill would be placed in a series of lifts that would allow the stability requirements of the constructed rock buttress to be met.
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Figure 5. Proposed Footprint of the Shot-In-Place Buttress Alternative
The slide area would be excavated from the top-down in a series of cuts that would allow for the exposed rock of the intact rock face to be bolted and stabilized. It is anticipated that this excavation would occur in 10-foot vertical increments, or benches, that would allow for the bolting to be completed on one increment before progressing to the next lower increment to prevent any destabilization and provide for the safety of the project personnel as the excavation proceeds toward the bottom of the slide area. The top-down method would remove existing rock and dirt slide material from the diversion channel and restore the flood control capacity of the channel (Figure 6). This alternative would not require the removal of any graves in addition to the 67 that have already been reinterred.
An additional area is required to allow for disposal of the excavated material from the slide area. The most feasible location for this purpose is located to the east of the slide area at a level site above the Loyall Diversion Channel, see Figure 6. The disposal site would require haulage of the excavated material from the slide area approximately 0.6 miles, north along Highway 840, then east along Carter Avenue, a residential street. From there, the existing Wix Howard Cemetery access road would be used and
11 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment temporarily modified at the area just below the disposal site. The haul roads leading from the cemetery access road to the disposal site and the haul road up leading up from base of the slide area along the levee are to be constructed with maximum grades not to exceed 12%. The disposal site is owned by Harlan County Fiscal Court, who have already granted USACE the right of entry for the purposes of remediating the slide. The disposal site has been staked in the field, survey control has been established and the final design drawings are now complete. The storage volume of the disposal area has been calculated and is sufficient to hold all of the material to be excavated from the slide and channel.
To access and remediate the upper portion of the slide area, additional access for work equipment was needed within the cemetery itself. This additional area would allow for the excavation and fill of the upper slide area and provides a buffer zone should the slide experience another failure before remediation can begin and impact additional areas uphill from its current extents.
2.5 Alternatives Eliminated from Consideration The Lay-Back Slope Alternative would require greater disturbance of earth and the removal of approximately 200 graves. Additionally, the proposal would cost approximately 43% more to perform than the Top-Down Method or the Shot-In-Place Buttress Alternative as shown in Table 1. Given the additional impacts to terrestrial resources, graves and additional costs when compared to the other options, the alternative is eliminated from consideration.
The Shot-In-Place Buttress Alternative would require the placement of rock into the channel to create a buttress at the toe of the slide, inside the existing Cumberland River Diversion Channel to provide stability. A hydrologic engineering center river analysis system (HEC-RAS) hydrologic model was created to assess the potential hydraulic impacts of this alternative using RAS Version 5.0. The design geometry was taken from the original HEC-2 model and imported into HEC-RAS. Geometry from pre-slide conditions was imported from a 2004 study of the Upper Cumberland River Basin. The Existing Conditions model utilized LiDAR ground data from 2011 and 2017 for the overbank geometry and survey data from 2004 for the underwater geometry.
Additional cross-sections were cut from the ground data at the rock slide site so that the hydraulic effect at that location is better defined. The HEC-RAS model showed that the buttress increased the upstream water surface elevations by 0.5 to 1.0 feet within the diversion channel. The increased water elevation would increase flooding upstream of the slide. Therefore, the alternative is eliminated from consideration.
After a consideration of the alternatives, Alternative 4 (Top-Down Excavation) was identified as the Tentatively Selected Plan (TSP). Both the TSP and the No Action Alternative were carried forward for consideration.
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Figure 6. Proposed Footprint of the Top-Down Excavation Alternative
Table 1. Cost Estimates for Alternatives 1-4 Grave Relocation Costs of Alternative Alternative Cost Notes Alternative 1 – No Action $0 Graves Lost to Slide Alternative 2 – Lay Back Slope $1,300,000 Approximately 200 graves relocated Alternative 3 – Shot-In-Place Buttress $472,000 Approximately 67 graves relocated Alternative 4 – Top Down Method $472,000 Approximately 67 graves relocated
50% CWE of Alternatives Alternative Cost Notes Alternative 1 – No Action $0 Slide material deposited in diversion channel Alternative 2 – Lay Back Slope $4,454,037 Includes Project, Bond, Escalation, Contingency Alternative 3 – Shot-In-Place Buttress $3,550,581 Includes Project, Bond, Escalation, Contingency Alternative 4 – Top Down Method $3,538,558 Includes Project, Bond, Escalation, Contingency
Total Implementation Cost of Alternatives Alternative Cost Alternative 1 – No Action $0 Alternative 2 – Lay Back Slope $5,754,037 Alternative 3 – Shot-In-Place Buttress $4,022,581 Alternative 4 – Top Down Method $4,010,558
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3.0 ENVIRONMENTAL SETTING AND CONSEQUENCES 3.1 Location/Land Use Existing Condition: Harlan County is located in southeastern Kentucky (Figure 7) on the border with Virginia in the Eastern Coal Field physiographic region. The City of Loyall is located in the Cumberland Mountain Thrust Block Ecoregion 69e (Woods et. al. 2002) and shown in Figure 7. The area is characterized by mountainous terrain, high, steep ridges, hills, coves, narrow valleys, and rapid surface runoff. Elevations in Harlan County range from 980 to 4,139 feet above sea level (Woods et. al. 2002). Pine Mountain runs along the county line from the northeast to the southwest. Martins Fork and Poor Fork converge in the City of Harlan, approximately 3.5 miles upstream of the project site to form the Cumberland River. Land cover consists of forests, extensive coal mines, and pasture (See Section 4 for more detailed description of land use). The land use adjacent the project consists of urban and residential areas that are mowed.
No Action and TSP: No alternative would affect land use.
Loyall, KY
Project Area
Figure 7. Eastern Coal Fields, Ecoregion 69e, and Harlan, Kentucky Locations.
3.2 Soils Existing Condition: The Wix Howard Cemetery project lies within the Eastern Kentucky Coal Field geologic and physiographic province, also known as the Cumberland Plateau. The cemetery site lies approximately 1.5 miles due south of the Pine Mountain Thrust Fault, which has a major influence on the structural geology of the region. The topography of the area is characterized by steep ridges and narrow valley bottoms, ranging in elevation from approximately 1,140 feet at the Cumberland River up to approximately 2,800 feet along the crest of Pine Mountain. The town of Loyall sets along the banks of the Cumberland River, which flows from the northeast to the southwest thru the Cumberland Valley in a repetitive meander pattern of left-right horseshoe bends. 14 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
More specifically, the Wix Howard Cemetery is located on sedimentary rocks of the Lower Breathitt Group of Pennsylvanian Age. The specific rock formation is called the Hance Formation, a siltstone which occurs from an upper elevation of approximately 1600 feet down to a level below the Cumberland River. The base of the formation is not exposed in the project work.
No Action Alternative: No soil would be mechanically disturbed under the No Action Alternative. However, the slope would continue to erode after storm events, causing large quantities of soil and rock to slide into the Cumberland River Diversion Channel, further exposing the affected slope.
TSP: Under the TSP, soils on the slope would be excavated from the top, down toward the Cumberland River Diversion Channel in a series of cuts that would allow for the exposed rock of the intact rock face to be bolted and stabilized. Excavated rock and soil would be taken to an upland disposal area located 0.6 miles east of the construction site and segregated based on particle size. The work would be done on a slope that was previously disturbed for construction of the diversion channel. Insignificant soil loss from disturbance or indirectly via wind and/or storm water would be addressed by implementing construction Best Management Practices (BMP’s). An erosion and sedimentation control plan would be implemented by using methods such as silt fences, and coir rolls during construction to prevent erosion and off-site sediment loss. Given that the site has already been excavated and has become unstable, the stabilization project would have a permanent beneficial effect to soil and land use at the project site by preventing long-term erosion of the slope into the Cumberland River.
3.3 Climate Existing Condition: The Upper Cumberland River Basin has a temperate moist climate with moderate temperatures. The average January minimum temperature is 20 degrees Fahrenheit (OF), and the average maximum is 47 OF. The average July minimum temperature is 62 OF, and the average maximum is 89 OF (Woods et. al. 2002). The average growing season is about 170 days and annual precipitation ranges between 45 and 55+ inches (Woods et. al. 2002).
Climate Change: Climate change is a topic to be considered along with project area activities and factored into discussions for resource availability and potential impacts and consequences. Federal agencies should consider how potential climate change would affect the function of proposed projects. Based on a National Climate Assessment Report prepared in 2014, temperatures in the Southeast section of the United States are expected to increase over the next century. The report was prepared by a team of more than 300 experts, guided by a 60-member National Climate Assessment and Development Advisory Committee – the largest and most diverse team to produce a U.S. climate assessment. Stakeholders involved in the development of the assessment included decision-makers from the public and private sectors, resource and environmental managers, researchers, representatives from businesses and non-governmental organizations, and the general public. More than 70 workshops and listening sessions were held, and thousands of public and expert comments on the draft report provided additional input to the process (NCA, 2014). Regional average summer temperature increases (assuming a scenario with steadily rising emissions of greenhouse gasses) are expected between 4.90°
15 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment by 2055 and 8.50° F by 2085 (NCA, 2014). Trends evaluated more directly to the Ohio River Basin estimate average temperature increases to be 5-7°F looking outward through 2055 (USACE, 2015).
Views on changes in precipitation are less aligned among scientists than temperature changes (NCA, 2014). Most agree with projections of decreased amounts of precipitation and increased storm frequencies (USACE, 2015, NCA, 2014). Thus, the rainfall that is received within the Upper Cumberland drainage basin would likely be in more intense rainstorms, resulting in sudden and more extreme flooding.
No Action Alternative: When considering the relatively moist climate of the region, increased rain events, due to climate change, projected by the NCA report would exacerbate the already severe erosion at the site and cause more widespread erosion.
TSP: The proposed work would stabilize the existing slide to withstand large storm events that could increase in coming decades. Removal of existing slide material would improve the flood storage capacity in the diversion channel, which would decrease upstream flood stages to some degree during large storm events in the future. Given the minor scale of construction, and associated emissions from construction equipment, at the slide area, the TSP would have a negligible but positive effect on project function as a result of climatic changes in the region.
3.4 Floodplain Existing Condition: Executive Order (EO) 11988 requires federal agencies to avoid adverse impacts associated with the occupancy and modification of flood plains, to the extent possible.
The EO considers if the proposed action is in the base floodplain, which is the area that has a one percent or greater chance of flooding in any given year. Construction and operation would occur within the 100-year floodplain; therefore a Kentucky Floodplain Construction Permit is required. A permit application was sent to the Kentucky Division of Water on March 13, 2018 for work associated with the project in the regulated floodplain of the Cumberland River Diversion Channel.
No Action Alternative: The No Action Alternative would not remediate the existing slide occurring below Wix Howard Cemetery. The floodplain would continue to fill up with rock and soil from the top of the slope, reducing flood storage in the channel and reducing the effectiveness of the FDR Project.
TSP: Although excavation of slide material would require temporary fill of clean rock material to facilitate equipment, the TSP would have a long-term beneficial effect to the floodplain by removing soil and rock that has deposited in the Cumberland River Diversion Channel as a result of the slide. The final stage of the project would require a temporary access road to be built down to the Cumberland River Diversion channel and a diversion structure to be constructed in the channel to facilitate the removal of soil and rock material. The slide material, access road, and diversion structure would be removed and taken to an offsite, upland disposal area near the construction zone at the completion of construction activities. The portion of the temporary access road built below the regulated floodplain of the Cumberland River would be approximately 40 feet long, 15 feet wide and require 67 cubic yards of clean rock fill to be temporarily 16 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment deposited below the floodplain. The diversion structure would be approximately 150 feet long, 10 feet wide and require 275 cubic yards of clean rock fill to be temporarily deposited below the floodplain. In total, the project would place approximately 2,100 square feet and 342 cubic yards of temporary fill in the Cumberland River, and remove 1,870 square feet (2,556 cubic yards) of slide material. All temporary fills would be removed at completion of construction activities. Figure 8 shows the 100-year floodplain in relation to the project site.
FEMA Flood Zone
Project Site
Figure 8. FIRM Floodplain
3.5 Water Quality Existing Condition: The Clean Water Act (CWA), as amended in 1977, established the basic framework for regulating discharge of pollutants into the waters of the United States. The project is located in the Wallins Creek HUC-12 watershed identified as Hydrologic Unit Code 051301010203. According to the 2016 Kentucky 305(b) List for Impaired Waters there are four reaches listed as impaired for the watershed, shown in Table 2. The reaches are numbered and labeled on a map of the watershed, listed in this section as Figure 9. The primary impairment within the watershed is listed as siltation, with 7.6 miles of the Cumberland River downstream of the project site (river mile 668.2 to 675.8) listed as impaired for specific conductivity in the 2016 305 (b) list from Kentucky Division of Water (KDOW). The main source of the impairments is listed as surface coal mining or barren land left over from past surface
17 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment mine projects. This is consistent with impairments in the larger, Upper Cumberland watershed (17,914 sq. miles), including the three primary tributaries of the Cumberland River above the project site (Martin’s Fork, Poor Fork and Cloverfork), which all have reaches listed in the 305 (b) report for a variety of impairments including: specific conductivity, sediment, temperature and fecal coliform (KDOW, 2016). A water sample taken approximately 0.27 miles upstream of the slide on September 6, 2017 showed a conductivity reading of 613 umho/cm, which is considered to be elevated, particularly to sensitive species of aquatic fauna. Figure 9 also shows the permitted mine boundaries, which comprise a large portion of the watershed.
In addition to impairments listed in the 2016 303 (d) report, a Total Maximum Daily Load document (TMDL) was prepared in 1998 by the KDOW to address impairments in 218 miles of the Upper Cumberland River and tributaries in Kentucky for fecal coliform bacteria. The source of the impairment was listed as point source pollution from “straight pipes”, meaning sewage from residences is piped directly into waterways with no septic system present. The river segment, between Cumberland River Mile (CRM) 684.9 and CRM 694.2 (9.3 miles) was listed in the TMDL report as not supporting primary contact recreation (swimming) due to fecal coliform (KDOW, 1998). In subsequent reports, including the 2016 Kentucky 305 (b) report, the reach of the Cumberland listed as “not supporting” primary contact recreation due to fecal coliform had changed to CRM 677.0 -687.3.
Table 2. Impaired Stream Reaches in the Wallins Creek Watershed
Waterbody & Total Reach # Pollutant Suspected Source(s) Segment Size Cumberland Specific Package Plant or Other Permitted Small 1 River 668.2 to 7.6 miles Conductance Flows Discharges, Surface Mining 675.8 Wallins Creek 4.25 Sedimentation/ Channelization, Coal Mining, Erosion 2 0.0 to 4.25 miles Siltation from Derelict Land (Barren Land) Ewing Creek 2.85 Sedimentation/ 3 Surface Mining 0.1 to 2.95 miles Siltation Cumberland 10.3 Fecal Coliform Point Source/ Straight Pipe Sewer 4 River miles Bacteria Discharge
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4
1 2 3
Project Site
Figure 9. River/ Stream Assessments in the Wallins Creek Watershed (KDMP, 2013)
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No Action Alternative: The No Action Alternative would not remediate the existing slide occurring below Wix Howard Cemetery. Heavy rains would continue to lead to rock and soil sliding into the Cumberland River, further contributing to water quality impairments in the watershed.
TSP: The TSP would have a long-term beneficial effect to water quality by removing soil and rock that has deposited in the Cumberland River Diversion Channel as a result of the slide. The stabilization measures would also prevent erosion from increasing sediment in the river channel for the foreseeable future and would have a long-term beneficial effect to water quality in the local watershed. Appropriate BMP’s would minimize potential turbidity and release of chemicals from equipment within the floodplain. The project would not affect fecal coliform or specific conductance in the watershed.
3.6 Wetlands Existing Condition: EO 11990, Protection of Wetlands, requires federal agencies to evaluate and minimize impact to wetlands. The goal of the policy is to ensure that there is no net loss of wetlands. Inspections of the project site and aerial imagery shows that the work would occur entirely in uplands with the exception of excavation of existing slide material in the Cumberland River Diversion Channel, which is entirely a riverine system. There are no wetlands in the slide remediation work area or in the proposed disposal area.
No Action and TSP: No alternative would affect wetlands.
3.7 Wild and Scenic Rivers Existing Condition: No designated State Wild and Scenic Rivers are present within the project area. There are no State Special Use Waters in the project area.
No Action and TSP: No alternative would affect these resources.
3.8 Terrestrial Vegetation and Wildlife Existing Condition: Existing vegetation in the project area consists of a steep vertical, rock slope and manicured fields. Only a narrow line of small trees at the top of the slope would be removed for this project. Examples of wildlife species that can inhabit urban terrestrial conditions are: American robins (Turdus migratorius), American crows (Corvus brachyrhynchos), blue jays (Cyanocitta cristata), northern cardinals (Cardinalis cardinalis), Virginia opossum (Didelphis virginiana), striped skunks (Mephitis mephitis), raccoons (Procyon lotor), eastern cottontail (Sylvilagus floridanus), and white-tailed deer (Odocoileus virginianus).
No Action Alternative: The No Action Alternative would not disturb the existing slope and would not result in the direct removal of terrestrial vegetation or wildlife habitat. However, as the slide continues to grow in size, soil and vegetation would be lost down gradient, resulting in a loss of habitat for terrestrial fauna.
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TSP: The TSP would disturb the rock slope and mowed uplands that are part of Wix Howard Cemetery. All disturbed ground cover would be stabilized at project completion and any areas of bare soil would be seeded to stop the current trajectory of erosion on the slope. Urban wildlife would be temporarily disturbed but would be expected to return to the area on project completion. Given the poor quality of terrestrial wildlife habitat and the fact that the work would alleviate the current erosion problem, the TSP would have a long-term, minor beneficial effect on terrestrial vegetation and wildlife.
3.9 Aquatic Vegetation and Wildlife Existing Condition: The area of the Cumberland River Diversion Channel that would be temporarily disturbed by the slide remediation and excavation work is man-made diversion that is free-flowing in nature with a rocky substrate and steeply sloping banks that limit the width of the littoral zone for aquatic vegetation. During a site visit on September 27, 2017, an assessment of the channel was performed by USACE Biologist, Travis Wiley on a site approximately 0.25 mile upstream of the slide remediation site using the Environmental Protection Agency Rapid Bioassessment Protocol for Low Gradient Streams (RBP). Due to the disturbed nature of the riparian vegetation on both banks of the channel from previous riprap placement after construction of the channel and existing railroad disturbance, the RBP score was determined to be “marginal” for the “Vegetative Protection” and “Riparian Vegetative Zone Width” categories. No submerged aquatic vegetation was evident below the water surface during the survey. However, the site exhibited favorable conditions (suboptimal) for the “Epifaunal Substrate/Available Cover” category due to the availability of cobble and boulder substrate on the bottom of the channel to support macroinvertebrate and fish populations. Very little woody habitat was available on the banks to serve as fish habitat due to the poor riparian vegetation described above.
Aquatic fauna found in the upper reaches of the Cumberland River and tributaries (Martin’s Fork, Poor Fork and Cloverfork) including macroinvertebrates from the Decapoda, Ephemeroptera, Odonata, Hemiptera, Megaloptera, Trichoptera and Coleoptera orders. Fish present in the upper reaches of the Cumberland River include a variety of species from the Cyprinidae, Catostomidae, Centrarchidae, and Percidae families based on biological monitoring conducted by USACE in 1981 (USACE, 1981). Historic and current surface coal mining, logging and the absence of adequate septic systems, along with other factors that impaired water quality, as described in Section 3.5, have likely had a substantial effect on the aquatic fauna in the Cumberland River Diversion Channel.
No Action Alternative: The No Action Alternative would not result in any debris being removed from the Cumberland River Diversion Channel. This alternative would have a detrimental effect to aquatic flora and fauna by allowing erosion to continue, increasing sediment loads in the affected reach and downstream of the project site.
TSP: The TSP would result in a temporary fill within the channel to facilitate excavation of rock and soil. All disturbed ground cover would be stabilized at project completion and any areas of bare soil would be seeded to stop the current trajectory of erosion on the slope. Although the work would have a minor, temporary adverse impacts to aquatic wildlife, due to temporary fills, it would facilitate the removal of 21 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment approximately 2,556 cubic yards of fill from the diversion channel and alleviate turbidity associated with the current erosion problem. The TSP would have a long-term, minor beneficial effect on aquatic vegetation and wildlife.
3.10 Federally Threatened and Endangered Species Existing Condition: The U.S. Fish and Wildlife Service (USFWS) Ecological Services Field Office Information for Planning and Consultation (iPac) website was accessed on March 6, 2018 and reviewed for federally listed species in the project areas, as drawn on the iPac interactive map. The results of the search are listed below in Table 3. No aquatic species were identified in the iPac report and there is no critical habitat designated in the project area.
Potential effects to the Indiana bat and Northern long-eared bat considered the presence of suitable habitat trees on the project site that would require removal. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags ≥3 inches diameter at breast height that have exfoliating bark, cracks, crevices, and/or hollows), as well as linear features such as fencerows, riparian forests, and other wooded corridors. Based on visit to the project site on February 8, 2018, woody vegetation in the affected area of the slope consists primarily of small Eastern redcedar trees less than 3” in diameter. A narrow line of tulip poplar trees and tree-of-heaven (Ailanthus altissima) saplings are growing along a chain link fence at the southern boundary of the Wix Howard Cemetery. Several of the poplar trees exceed 5” in diameter but have smooth bark with no crevices, cracks or exfoliating bark that would serve as suitable bat habitat.
Table 3. Federally Listed Species in Harlan County, Kentucky
Group Common Name Scientific Name Status Mammals Indiana bat Myotis sodalis Endangered Mammals Gray bat Myotis grisescens Endangered Mammals Northern long-eared bat Myotis septentrionalis Threatened
No Action Alternative: The No Action Alternative would not affect federally listed species as no work, including earth disturbance or excavation within the Cumberland River Diversion Channel would occur. Since no federally listed aquatic species are present near the project site, there would be no effect from future impacts in the Cumberland River associated with the slide.
TSP: Potential effects to the Indiana bat and Northern long-eared bat considered the presence of suitable habitat trees on the project site that would require removal. After a review of the proposed work and the iPac report downloaded from the USFWS website, and the condition of terrestrial vegetation described in this section, the USACE has concluded the project would have “no effect” on the Indiana bat and Northern long-eared bat. No caves would be affected by the project, so the project would have “no effect” on the Gray bat, a cave obligate.
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3.11 Hazardous, Toxic, or Radioactive Waste Existing Conditions: A Hazardous, Toxic or Radioactive Waste (HTRW) Phase Ia Environmental Site Assessment (ESA) was prepared on November 1, 2016 by USACE personnel qualified in HTRW procedures for both the Wix Howard Cemetery and Resthaven Cemetery for the reinterment of graves described earlier in this document. HTRW includes any material listed as a "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act. The purpose of this Phase Ia ESA was to obtain and evaluate data about the environmental condition, or potential for a recognizable environmental condition (REC) which could pose a liability to the government as a result of acquisition, easement or cost share. A Phase Ia is an abbreviated Phase I ESA that fulfills many components of the regulation 40 CFR 312 Standards and Practices for All Appropriate Inquiries.
The Phase Ia ESA was updated for the Wix Howard Cemetery on January 16, 2018 as the previous ESA document expired after one year. Site visit, environmental records review, environmental lien/covenant search, and owner proxy interview did not identify any RECs at the proposed project area. Based on the findings, there is low probability of a REC at the proposed project area, and no further ESA is recommended for this site.
A Phase Ia ESA and Summary Memorandum were also completed for the proposed disposal area in April, 2018. No RECs were identified in the ESA that are believed to have had an environmental impact upon the disposal area. The Phase Ia ESAs and Summary Memorandums are attached to this document as Appendix D.
No Action and TSP: Neither alternative would affect HTRW.
3.12 Cultural and Historic Resources Existing Condition: The project is located in the Town of Loyall, Harlan County, Kentucky. Prehistoric and historic period archaeological sites exist along the banks of Cumberland River, and document activities by Native Americans and early European-American descendants that lived in Harlan County, Kentucky. No archaeological resources listed or eligible for listing in the National Register of Historic Places (NRHP) would be affected by the proposed project undertaking. There are four historic districts and a school house listed in the NRHP that are located within Harlan County, Kentucky. None of these architectural resources occur in the project footprint. USACE defines the Area of Potential Effects (APE) as the footprint of the slope remediation project and associated work limits.
No Action Alternative: Under the No Action Alternative, no historic properties, listed or eligible for listing would be affected.
TSP: A search of the NRHP did not identify any historic properties within the APE. The APE is located within the Wix Howard Cemetery, which is predominately a late 19th to 20th Century family/community cemetery, began as a family cemetery for the family of Wilkerson Asher “Wix” Howard in the mid-19th Century. Over several decades, the cemetery expanded and included burial plots for local indigent workers. Wix Howard Cemetery USACE does not consider the APE boundaries contained within the 23 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment cemetery to be eligible for listing in the NRHP under criteria considerations c, and d since the grave sites associated with the Howards’ are not their original resting place and secondly the remaining graves in the APE do not reflect persons of transcendent importance, from age, from distinctive design features, or from association with historic events. Archaeologists and physical anthropologists are being employed to ensure that the exhumation of human remains and associated materials would be carried out in a very respectful manner. Resthaven Cemetery is charged with ensuring the respectful reburial of human remains.
A pedestrian survey of the proposed disposal area determined the entire footprint has been extensively disturbed from previous construction activities associated with the 1990’s construction of the Cumberland River Diversion Channel. The entire ridge top had been excavated down to bare bedrock and there are no indications of any intact soil deposits. The disposal area would be accessed via an existing dirt road. USACE determined the disposal area contains no archaeological resources significant or eligible for listing in the NRHP.
The primary requirements for the consideration of cultural resources stem from Section 106 of the National Historic Preservation Act of 1966 (NHPA) as implemented by regulations at 36 CFR 800. The project to remediate and stabilize the slope constitutes a USACE undertaking; therefore, the effects of its implementation on historic properties must be considered. Historic properties are properties, including archeological sites and standing structures that have been determined eligible for or are listed on the NRHP.
Consultation with the Kentucky Heritage Council (KHC) was initiated in a letter dated September 15, 2016. USACE made the determination that the emergency disinterment of six graves sites would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with these findings in a letter dated 15 September 2016. The six graves were reinterred in July, 2017. In a letter dated October 4, 2017, USACE continued consultation with the KHC for the disinterment of 61 additional graves and the efforts to stabilize the slope. USACE made the determination this project phase would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with this determination in a letter dated October 19, 2017. The additional 61 graves were deterred and reinterred in Resthaven Cemetery in March, 2018.
USACE concluded consultation with the KHC in a letter dated 23 February 2018 requesting to amend the APE to include the boundary limits of the project’s disposal area. USACE made the determination the designated disposal area would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with this determination in a letter dated March 28, 2018.
Consultation with seven federally recognized Native American tribes was initiated via letter dated February 26, 2018, discussing USACE’s findings and determination of “no effects to historic properties”. These include; United Keetoowah Band of Cherokee Indians; Absentee-Shawnee Tribe of Indians of Oklahoma; Cherokee Nation; Chickasaw Nation; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma and the Shawnee Tribe. USACE received responses from The Shawnee Tribe and the
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Eastern Shawnee Tribe of Oklahoma in emailed responses dated February 28, 2018, concurring with USACE’s “no effects to historic properties” determination. Absentee-Shawnee Tribe of Indians of Oklahoma, also concurred with USACE’s determination in a letter dated March 16, 2018. Cherokee Nation concurred with USACE’s determination in a letter dated March 28, 2018. The four tribes expressed to be consulted in the event of inadvertent discoveries during the construction phase of the slope remediation project.
In the unlikely event that human remains are inadvertently discovered during the construction phase, all work shall immediately cease. However, the previous work by archaeologists/physical anthropologists to remove remains reduces the risk of encountering inadvertent discovery of human remains during construction. Remains discovered during the construction phase shall be immediately protected from the elements. Nashville District Archaeologists, Harlan County Coroner, and Kentucky State Archaeologist must be notified immediately. The following shall be included in the notification; the location, nature, and condition of the find, as well as the securities that have been enacted to protect the remains. If the remains are determined to be forensic in nature, no work shall be allowed to proceed until clearance is provided by the Nashville District Engineer. If the human remains are archaeological in nature, no work shall be allowed to proceed until, or unless, express written consent is provided by the Nashville District Engineer.
Archaeologist: Jordan McIntyre Phone: 615-736-5985 Email: [email protected].
Alternate Archaeologist: Valerie J. McCormack Ph.D. Phone: 615-736-7847 Email McCormack: [email protected]
Harlan County Coroner and Medical Examiner Phone: 606-573-3030
Kentucky Heritage Council Site Protection Program Administrator: Nicolas R. Laracuente Phone: 502-564-7005 ext. 4566 Email: [email protected] General number: (502) 564-7005
See Appendix C for correspondence with the Native American tribes and the SHPO.
3.13 Air Quality Existing Condition: Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) establishes primary and secondary air quality standards. Primary air quality standards protect the public health, including the health of “sensitive populations, such as people with asthma, children, and older adults.”
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Secondary air quality standards protect public welfare by promoting ecosystems health, preventing decreased visibility, and damage to crops and buildings. EPA has set national ambient air quality standards (NAAQS) for six of the following criteria pollutants; ozone (O3), particulate matter (PM 2.5 and 10), nitrogen dioxide (NO 2), carbon monoxide (CO), sulfur dioxide (SO2), and lead (Pb).
The Kentucky Division of Air Quality (DAQ) - Ambient Air Quality 2014 Annual Report was reviewed to determine if Harlan County has any air quality problems based on the DAQ data. No problems with any of the parameters monitored by the DAQ were observed in Harlan County. Harlan County is classified as in attainment, meaning criteria for air pollutants do not exceed the NAAQS.
No Action Alternative: No impacts to the existing air quality would occur as no work would be done under this alternative.
TSP: The TSP would have temporary, localized, and negligible impacts on air quality from vehicle and equipment exhaust and from fugitive windborne dust. These effects would be minimized by ensuring vehicle and equipment exhaust systems are in good repair. On project completion, air quality would return to ambient conditions.
3.14 Noise Existing Condition: Major contributors of outdoor noise come from transportation (railroads and highways) construction, and human and animal sources. The daily noise exposure of people depends on how much time they spend in different outdoor locations and on the noise levels in these places. Noise levels are not a single "peak" level. Instead, they represent averages of sound measured in decibels (dB) over short (8 hours or 24 hours), and long (years) periods of time. A 24-hour exposure level of 70 dB is considered the level that would prevent any measurable hearing loss over a lifetime. Occasional higher noise levels (greater than 70 dB) in a 24-hour period occurs, however, this is not considered problematic so long as a sufficient amount of relative quiet is experienced for the remaining period of time. Generally 55 dB is identified for outdoor areas where human activity takes place (EPA, 2014). Existing sources of ambient noise comes from CSX Railroad and residential traffic on Highway 840. The Loyall neighborhood is sandwiched between CSX Railroad and Highway 840.
No Action Alternative: Under the No Action Alternative, no slide remediation work would occur and no construction equipment would contribute to additional noise.
TSP: Under the TSP, additional noise levels from construction equipment operations would be short- term and localized, and would be confined to weekdays during daylight hours. Additional noise levels would be minor and temporary in nature.
3.15 Socioeconomics Existing Condition: According to the Kentucky Home Town Locator, (2014) the Rio Vista community is located within the City of Loyall. U.S. Census Bureau (USCB) data was reviewed to identify the major industries in the Cities of Harlan and Loyall. Coal mining was once the dominant industry. The current
26 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment dominant industries for both cities are education services, health care, and social assistance. For Harlan, the second important group of industries were in agriculture, forestry, fishing and hunting, and mining, followed by a third group comprised of arts, entertainment, recreation, accommodation and food services. For Loyall, the second important industry was in retail trade, followed by a third group of industries comprised of agriculture, forestry, fishing and hunting, and mining.
Table 4. Socioeconomic statistics
Harlan Parameter* Loyall** Harlan Kentucky County
Population Estimate 1,461 1,725 29,012 4,454,189
Unemployment Rate 10.1% t 8.2% 10.0% 9.8%
Median Household Income $23,409 $30,257 $25,906 $43,036
Percent Minorities 3.0% 8.2% 4.2% 12.2%
Percent Below Poverty in past 12 38.4% 27.8% 31.3% 18.8% Months
Percent under 18 years old 22.4% 20.7% 22.8% 23.4%
* Source: U.S. Census Bureau FactFinder – 2009-2013 5 -Year American Community Survey ** Source: 2014 Kentucky Home Town Locator: Rio Vista is located within the City of Loyall t Source: 2014 Homefacts
A review of Table 4 revealed that the Loyall unemployment rate was slightly higher than the county and state rates. Median income for both Loyall was lower than both the county and state median income. Both Loyall and Harlan County have higher rates of unemployment than the state.
EO 12898:– Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations: EO 12898 requires Federal agencies to identify and address any disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations. As defined by the document, “Environmental Justice, Guidance under the National Environmental Policy Act” (CEQ, 1997), a minority population exists where the percentage of minorities in an affected area either exceeds 50% or is significantly greater than in the general population. A review of Table 4 shows that the Cities of Harlan and Loyall, and Harlan County do not have minority populations that exceed 50% of the general population.
The poverty rate for Harlan (27.8), Loyal (38.4), and Harlan County (31.3) were higher than the poverty rate for Kentucky (18.8%). Low-income populations are identified using the USCB’s statistical poverty
27 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment threshold. The USCB defines a “poverty area” as a Census tract with 20% or more of its residents below the poverty threshold. As shown in Table 4, the Cities of Harlan and Loyall, and Harlan County have 20% or more of their residents that are higher than the poverty threshold (20%) and therefore can be defined as “poverty areas”.
EO 13045 – Protection of Children from Environmental Health Risks and Safety Risks: EO 13045 requires federal agencies to identify and assess health risks and safety risks that may disproportionately affect children. As with EO 12898, federal agencies determine impacts to children as part of the NEPA compliance process. Agencies must ensure that its policies, programs, activities, and standards address disproportionate risks to children that results from environmental health risks or safety risks.
No Action Alternative: The No Action Alternative would allow the existing slide to further deteriorate and fill in the Cumberland River Diversion Channel, which was constructed in the mid-1990s to alleviate flood conditions in the vicinity of Harlan, Loyall, and Rio Vista. If the existing slide is not remediated, the diversion channel would continue to fill in, flooding would likely increase upstream, resulting in potential risk for local residents, including children.
TSP: Under the TSP, USACE would correct a design deficiency at the Wix Howard Cemetery site, which has created an unstable bank, leading to loss of flood storage in the diversion channel through the deposition of rock in soil. After the material that has deposited from the existing slide has been excavated and the slope stabilized, it would provide a reduced risk of flooding for local citizens, including those of minority and low income, and have a beneficial effect on the health and safety of children.
3.16 Prime Farmland Protection Policy Act Existing Condition: The Farmland Protection Policy Act (FPPA) of 1981 directs federal agencies to evaluate impact to prime farmland. The FPPA requires federal agencies to complete Form AD 1006, “Farmland Conversion Impact Rating” for impacting prime farmland areas larger than a 10-acre threshold.
No Action Alternative: No additional disturbance to prime farmland would occur under this alternative. The ground has been previously disturbed during construction of the Cumberland River Diversion Channel.
TSP: The area impacted by implementation of the proposed stabilization measures is a steep bluff with a manicured cemetery at the top of the slope. No farmlands exist in the proposed stabilization area or disposal site, therefore the TSP would not result in any impacts to prime farmland from the proposed project.
3.17 Traffic Existing Condition: Traffic patterns within the proposed project area are located along Kentucky Highway 840 and secondary roadways and driveways. Construction laydown areas for materials and equipment would be stored within the fenced areas surrounding pump stations.
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No Action Alternative: No impacts and no work would occur under this alternative.
TSP: Traffic impacts resulting under the TSP would be minimal, short-term and limited. Any potential impacts would be coordinated with Kentucky Transportation Cabinet officials to further minimize disruption to traffic flow, and to address completion of work along road right-of-ways. During construction, the contractor would furnish, erect and maintain barricades, warning signs, flaggers and pilot cars in such a manner that all local and through traffic would be adequately accommodated. Emergency vehicle access would be maintained.
3.18 Health and Safety The proposed project area is accessible by the public by land (Wix Howard cemetery) and water (recreational boaters)
Alternative 1 – No Action Alternative: At this time, there is no record of injury due to the existing unstable bank but in the future, as heavy rains cause further erosion and the slide becomes more pronounced, public safety could be compromised to visitors to the cemetery from deep gullies and unstable soil and to boaters from falling rocks.
TSP: The affected area of the cemetery would be graded to follow the surrounding topography as closely as possible for aesthetic concerns. Grading design involves the installation of soil nails, rock anchors and gabion baskets at the upper portion of the slide remediation area where it is adjacent to the cemetery. The grading in the rock fill portion of the slope remediation area would consist of placing rock material in a series of lifts so that excavation would occur in 10-foot vertical increments, or benches. The construction method would allow for the bolting to be completed on one increment before progressing to the next lower increment to prevent any destabilization and provide for the safety of the project personnel as the excavation proceeds toward the bottom of the slide area. The haul roads leading from the cemetery access road to the disposal site and the haul road up leading up from base of the slide area along the levee are to be constructed with maximum grades not to exceed 12%. Contractors would be required to comply with all Occupational Safety and Health Administration (OSHA) regulations. The project would provide a long-term, beneficial effect to health and safety by reducing instability at the Wix Howard Cemetery and improving flood storage capacity of the Cumberland River Diversion Channel.
3.19 Navigation The Cumberland River at the project location was listed as a navigable water in Nashville District Public Notice #86-23, dated May 8, 1986. The listing was based on a study in 1986 by the USACE Navigation Branch. The site is too shallow for commercial navigation and does not appear to experience frequent boat traffic due to shallow depths in the channel. However, the site is accessible with canoes and kayaks.
Alternative 1 – (No Action Alternative): The No Action Alternative could affect recreational navigation if the slope continued to slide into the diversion channel and created a blockage.
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TSP: Approval of the proposed action would have only minimal, short-term adverse impacts to recreational boaters by construction of a rock diversion structure in the channel, which would narrow the available avenue for passage. Potential closures could also occur due to blasting on a temporary basis. However, the project would be expected to have a long-term, beneficial effect to recreational navigation by preventing further erosion and potential blockage within the Cumberland River Diversion Channel.
3.20 Recreation and Scenic Resources There are no federal or state recreation areas in the vicinity of the project footprint. However, there is a small park owned by the city directly across Highway 840 from the proposed disposal area, which is a bare gravel lot with sparse herbaceous vegetation cover. The reach of the Cumberland River Diversion channel to be impacted by the project is shallow and does not appear to experience frequent recreational boat traffic based on observations from previous site visits. However, the reach can be navigated by canoes and kayaks.
Alternative 1 – No Action Alternative: The No Action Alternative would likely impact canoe and kayak recreation. Continued erosion of the slide, would produce a negative, long-term effect to boaters and a negative, aesthetic effect to the landscape, both from the water (boaters) and from the Wix Howard Cemetery.
TSP: Short-term and minor adverse impacts to recreation and scenic resources would occur from both the river channel and Wix Howard Cemetery since the road, diversion structures and construction equipment would be visible on a regular basis during construction. A temporary closure of the cemetery and temporary closure of the channel to recreational traffic could be necessary at certain times due to blasting of the slope. Temporary, minor impacts to scenic resources at the city park would occur as well due to construction equipment. Although mounds of excavated rock would appear to be visible on a long-term basis from the park, the impacts would primarily be minor and related to change in contour as the surface of the disposal site is currently bare rock with sparse herbaceous vegetative cover. The project would have long-term benefits to boaters and fishermen by eliminating blockages of the Cumberland River Diversion Channel. The project would also have long-term benefits to scenic resources from the Wix Howard Cemetery by stabilizing deep scarps and returning the site to contours that existed before the slide occurred.
4.0 CUMULATIVE EFFECTS USACE must consider the cumulative effects of the project on the environment as stipulated in the NEPA. Cumulative effects are “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such actions”. Cumulative impacts can result from individually minor, but collectively significant actions taking place over a period of time (40 CFR Part 1508.7 CEQ Regulations). Cumulative impacts are defined as “the impact on the environment which results from the incremental impact of the (proposed) action when added to other
30 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions (40 CFR 1508.7).” CEQ guidance identifies an 11-step process for evaluating cumulative effects.
Step 1: Identify the significant cumulative effects issues associated with the proposed action and define the assessment goals. Harlan County was established in 1819, at a time when the area had been sparsely populated and defined by subsistence farming. Since the mid 1800’s coal mining has been a driving force in the growth and development as people poured into Harlan County for work. With growth came a greater access to material goods, doctors and schools (Lexington Herald-Leader 2015). The mountains in Harlan County, Kentucky have been mined for well over 100 years. Mining activities before the 1980’s were unregulated and resulted in un-reclaimed mine sites, destruction of stream and riparian habitat, and impaired water quality. Areas within the Eastern Kentucky Coalfield activities were typically clear cut to harvest timber, and then burned to allow mining, utility construction, oil/gas exploration. These activities resulted in adverse impacts to both terrestrial and aquatic resources. Residential and commercial development has occurred within the floodplains of Harlan County, as the land outside the floodplains is very steep and rocky. A network of roads have been constructed over several decades to facilitate the movement of coal reserves to market as well as to serve the transportation needs of local residents and the general public. This cumulative effects analysis will focus on aquatic resources and floodplains as those are the resources that will experience the majority of temporary impacts and greatest long-term benefits.
Step 2: Establish the geographic scope for the analysis (project impact zone). The geographic scope of the analysis is confined to the Wallins Creek HUC-12 watershed, which is approximately 53.5 square miles in size (USACE, 2012). The project site is located in the northeast (upstream) portion of the Wallins Creek watershed as shown in Figure 10.
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Project Site
Figure 10. Map of the Wallins Creek Watershed (KDMP, 2013)
Step 3: Establish the time frame for the analysis. Based on available data including previous mining permit data under the Surface Mining Control and Reclamation Act (SMCRA) and information from the USACE Operations Maintenance Business Information Link- Regulatory Module (ORMS) database, the time frame for the analysis is a period beginning forty years into the past (1977) and extending into the future forty years until February, 2058. This would cover past, present and reasonably foreseeable future actions within the Wallins Creek watershed.
Step 4: Identify other actions. The watershed is prone to flooding due to steep topography and confined valleys. Several large flood events causing extensive damage have been documented in the past 100 years (1927, 1946, 1957, 1963, 1977 and 1984). Widespread and intense rainstorm of April 3-6, 1977 produced flooding on nearly all streams in the Upper Cumberland River Basin. The storm produced the flood of record at all main stem
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Cumberland River cities upstream of Cumberland Falls. In addition to construction of the diversion channel discussed in this document, earthen embankments, floodwalls, and closure structures near Loyall and Rio Vista, KY were constructed and completed as part of the Section 202 Harlan Flood Protection Project in 1999. The Rio Vista levee is approximately 6,100 feet long, beginning at State Highway 840 (river station 690.9) and extending along the banks of the Cumberland River to the community of Loyall (river station 692.0). The beginning elevation of the levee is located at 1183.5 feet with an ending elevation of 1186.9 feet. A gravity outlet and pump station are located at the downstream end of the levee to discharge runoff from the communities of Rio Vista and Loyall to the Cumberland River. At Loyall, a second levee located at the confluence of the diversion channel with the existing Cumberland River. This second levee is approximately 4,000 feet long, beginning at the community of Loyall (river station 691.8) and extended along the newly defined banks of the Cumberland River to State Highway 413 (river station 692.7). The beginning elevation of the second levee is located at 1193.4 feet (NGVD 29) with an ending elevation of 1198.0 feet (USACE, 2003).
Upstream of the Wallins Creek watershed, a local flood protection project was designed and constructed for the City of Harlan by the USACE. The project included the construction of the Harlan Diversion Tunnels, the Cumberland Avenue levee/floodwall, the Clover Fork pumping plant, and related appurtenances. The Harlan Diversion Tunnels, consisting of four tunnels along with a diversion embankment, re-route Clover Fork away from the City of Harlan. Clover Fork previously flowed to the southwest to the confluence with Martins Fork and then to the northeast around the City of Harlan. As a result of the Harlan flood reduction measures, a small portion of the drainage area contributing directly into the City of Harlan is now discharged into Martins Fork (USACE, 2003).
A search of the ORMS database revealed 47 approved actions in waters of the U.S. within the Wallins Creek watershed between March 21, 1992 and present time (March 21, 2018). Approximately 96% (45) of the actions were Nationwide Permit verifications for activities with minimal impacts to waters of the U.S, such as road crossings or minor impacts from surface coal mining projects. There was one (1) Individual Permit Action and two Letter of Permission (transportation projects) for impacts to waters of the U.S. determined to be more than minimal. Thirty-six (36) of the 47 total actions were associated with surface coal mines (including linear transportation crossings for haul road construction), seven (7) actions were associated with road improvements, two (2) impacts were authorized for minor bank stabilization, and two (2) of the impacts were associated with oil/natural gas exploration.
Step 5: Characterize the resources, ecosystems and human communities in terms of the responses to change and capacity to withstand stresses. The land cover in the Wallins Creek watershed is heavily forested (83.7) based on National Land Cover Dataset information from 2006. The next most common land use is defined as “Developed Open Space” which comprised 4.9% of the watershed (USACE, 2012). The land use change between 2001 and 2006 indicates very little change with only a 1.3% decrease in forested area and a 1.0% increase in grassland/herbaceous area, which is very likely clearing of a surface coal mine site and subsequent reclamation after mining. See Table 5. The categories of “development” and “developed open spaces”
33 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment remained constant, indicating that development within floodplains has not substantially increased in recent times.
Table 5. Land Use Cover in the Wallins Creek Watershed
HUC Land Cover (mi2& %) 2001 2006
Open Water 0.2 (0.4%) 0.2 (0.4%)
Developed Open Space 2.6 (4.9%) 2.6 (4.9%)
Development 1.7 (3.1%) 1.7 (3.1%)
Barren 0.2 (0.4%) 0.3 (0.5%)
Forested 45.5 (85%) 44.8 (83.7%)
Shrub 0.1 (0.1%) 0.1 (0.2%)
Grassland/Herbaceous 2.8 (5.3%) 3.4 (6.3%)
Pasture/Hay 0.4 (0.7%) 0.4 (0.7%)
Cultivation 0 (0%) 0 (0%)
Woody Wetlands 0 (0%) 0 (0%)
Herbaceous Wetlands 0 (0%) 0 (0%)
Approximately four (4) reaches of stream, comprising 24 miles, or approximately 29.6% of the streams (USACE, 2012) in Wallins Creek watershed are listed as impaired under the 2016 Kentucky 305 (b) lists as described in Section 3.5. Given the existing water quality impairments in the Wallins Creek watershed, further impairments should be avoided where possible to eliminate further stresses to aquatic ecosystems. The proposed stabilization measures would prevent further siltation below the project site and restore pre-slide flood conveyance in the vicinity of Loyall, Kentucky for many years into the future.
Step 6: Characterize stresses affecting these resources, ecosystems and human communities. Existing terrestrial conditions in the project area consists of a steep vertical, rock slope and manicured fields. Only a narrow line of small trees at the top of the slope with very marginal wildlife habitat value would be removed for this project. Stabilization measures on the unstable slope would be disturbing ground that has already been blasted and excavated during construction of the Cumberland River Diversion Channel. The final stage of the project would require a temporary access road to be built down to the channel and a water diversion structure to be constructed in the channel to facilitate removal of soil and rock material. The slide material, access road, and diversion structure would be removed and taken to an offsite, upland disposal area near the construction zone at the completion of construction activities. The disposal site is a mowed and manicured area adjacent to a park, on property owned by Harlan County. In total, the project would place approximately 2,100 square feet and 342 cubic yards of temporary fill in the 34 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
Cumberland River, and remove 1,870 square feet (2,556 cubic yards) of slide material. All temporary fills would be removed at completion of construction activities. The work would restore the flood conveyance of the diversion channel to pre-slide conditions and prevent future erosion. The flood storage capacity and stabilization would help protect citizens from future flood impacts and reduce siltation should the intensity and/or frequency of storm events increase in the future due to climate change.
Siltation and elevated specific conductance levels from surface coal mining and fecal coliform from “straight pipe” point source discharges are primary pollution sources that currently affect water quality and will continue to impair the watershed into the future.
Step 7: Define a baseline condition for the resources, ecosystems and communities. The forested land cover in the watershed, as well as stressors to terrestrial resources, aquatic resources and water quality have been documented in previous sections of this document.
Step 8: Identify the important cause and effect relationships between human activities and resources, ecosystems, and human communities. The State of Kentucky has taken several steps in previous decades to reduce flooding hazards by regulating construction and fill in floodplains. Chapter 151 of the Kentucky Revised Statutes (KRS), approved in 1966 addresses development of floodplain areas. The most pertinent sections of KRS 151 are listed below (KEEC, 2018): • KRS 151.250, which establishes the requirements for obtaining a floodplain development permit; • KRS 151.125, which establishes the authority and powers of the secretary of the Energy and Environment Cabinet to administer KRS 151; • KRS 151.320, which requires the judge executive of each county or the mayor or chief executive officer of each city to concurrently enforce with the Kentucky Energy and Environment Cabinet, within their respective counties and cities, the provisions of KRS 151.250; • KRS 151.310 prohibition to deposit in water without a permit.
As described in this section and in Section 3.15, the Wallins Creek basin in Harlan County, Kentucky is heavily wooded and sparsely populated. However, the watershed has been heavily impacted by surface coal mining. Figure 11 below shows dozens of past mining projects (shown as “released”) that have occurred since SMCRA was passed in 1977. The figure also shows seven (7) projects that were still actively producing coal in February, 2013 and four (4) projects that were pending in 2013. This type of activity is generally representative of the Upper Cumberland watersheds in the Eastern Kentucky coalfields and explains how past mining activities have contributed to siltation and specific conductance impairments to the water quality described in Section 3.5.
35 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
Figure 11. Past, Present and Pending Future Mining Projects (from 2013) in the Wallins Creek Watershed (KDMP, 2013)
However, Figure 12 shows that coal production in Eastern Kentucky has declined from approximately 28 million tons per quarter in January of 2000 to approximately 4.6 million tons for the fourth quarter of 2017. Coal mining has substantially declined in most watersheds in Appalachian Kentucky, therefore current impacts to terrestrial resources and water quality are likely far less than in previous decades (KEEC, 2017).
36 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
Report produced by Kentucky Energy and Environment Cabinet (KEEC)
Figure 12. Mining Production in Eastern and Western Kentucky (2000-Q4, 2017).
Step 9: Determine the magnitude and significance of cumulative effects. The Wallins Creek watershed has been heavily impacted by past activities, including surface coal mining, inadequate sewer facilities and floodplain development associated with the communities of Harlan and Loyall, Kentucky. Currently there are no pending Section 404 Clean Water Act permit applications in the ORMS database within the watershed. Also, a search of the Kentucky Department of Transportation interactive webpage for future planned projects (6 years) http://maps.kytc.ky.gov/photolog/?config=ActiveHighwayPlan shows one small road project (construction of a left turn lane at intersection Hwy 119 to onto KY 3152) proposed in the Wallins Creek HUC-12 watershed. Current and reasonably foreseeable future development has slowed given the rural nature of the watershed, the downward trend in coal production in Eastern Kentucky, the lack of currently pending applications for impacts to aquatic resources in the ORMS Regulatory database. The proposed work would help to minimize siltation that would contribute to existing water quality impairments by preventing soil and rock from washing into the Cumberland River at the project site. Therefore, magnitude and significance of cumulative effects, when combined with the slide remediation project are considered minimal within the Wallins Creek watershed. Step 10: Modify and add alternatives to avoid, minimize, or mitigate significant cumulative effects. 37 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
Two other alternatives (Alternatives 2 and 3) were considered for the slide remediation project in addition to the TSP and the No Action Alternative. The Lay-Back Slope Alternative was eliminated from detailed evaluation in this EA due to increased. Alternative 2 was eliminated from consideration due to increased cost, terrestrial impacts and impacts to graves (up to 200) when compared with the TSP. Alternative 3 was eliminated from consideration due to an increased permanent fill in the Cumberland River Diversion Channel (approximately 0.10 acre) and the associated loss of flood storage within the Cumberland River Diversion Channel that would result from construction of a large buttress in the channel (Section 2.5). During construction, BMPs would be used to minimize adverse impacts to the environment associated with siltation and turbidity during excavation of existing slide material. The project would minimize turbidity downstream of the slide by preventing additional rock and soil from washing into the channel.
Step 11: Monitor the cumulative effects of the selected alternative and adapt management. Enforcement of development in the floodplains by KEEC as described in Step 8 would limit the unauthorized fill or impediments within regulated floodplains. The Kentucky Department of Natural Resources (KDNR) continues to monitor the quality of water in the Cumberland River (See Figure 13). Any cumulative effects to the environmental condition in the Wallins Creek watershed portion of the Cumberland River would likely be caused by other activities in the drainage basin, which would be subject to regulations and preventative measures of other programs such as Clean Water Act, Surface Mining and Reclamation Act (Coal Mining), Food Securities Act (agriculture), etc. In many cases, environmental impacts to aquatic resources would be offset through compensatory mitigation and loss of forest would be offset by the IBCF.
38 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
Figure 13. Historic Water Quality Monitoring Sites from KDNR (KDMP, 2013)
5.0 STATUS OF ENVIRONMENTAL COMPLIANCE Based on the information provided above, full compliance with all local, state, and federal statutes and Executive Orders would be met prior to project implementation.
39 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
5.1 National Environmental Policy Act (NEPA) This EA for slope remediation is prepared to analyze the potential environmental and human impacts of the stabilization project. A project scoping letter was sent to the public on February 14, 2018 (Section 6.0). A Notice of Availability will be sent to advertise the preparation of this DRAFT EA and interested parties, including federal/state/local government representatives and members of the public will have a chance to review and comment on the document. After public comments have been considered, USACE will determine whether to prepare an EIS or a FONSI.
5.2 Executive Order 11990-Wetlands The project complies with this Executive Order as no wetlands are present on the project site. See Section 3.6.
5.3 Farmland Policy Protection Act No private agricultural lands or prime and unique farmlands are located in the proposed work or disposal area. See Section 3.16.
5.4 Executive Order 11988-Floodplain Management Portions of the proposed project is located within the 100-year floodplain and falls under the purview of Executive Order 11988, Floodplain Management. This executive order requires federal agencies to evaluate and minimize to the extent possible, impacts and modifications to the floodplain. The project would place approximately 2,100 square feet and 342 cubic yards of temporary fill in the Cumberland River, and remove 1,870 square feet (2,556 cubic yards) of slide material. All temporary fills would be removed at completion of construction activities. See Section 3.4.
5.5 Clean Water Act Waters of the U.S. (WOUS) are present within the proposed project footprint. Therefore, coordination with State and Federal Agencies regarding Clean Water Act compliance is required. A permit from KDOW (Section 401) would be required for the proposed project. A Section 401 permit for the project was sent to KDOW on March 13, 2018 and is currently pending.
Under Section 404 of the Clean Water Act, the project is required to comply with 404(b)(1) Guidelines (Guidelines). After an evaluation of the project was conducted, Alternative 4 (TSP) was determined to be the Least Environmentally Damaging Practicable Alternative and found to be compliant with the Guidelines. The project Guidelines evaluation is attached to this document as Appendix E.
5.6 Kentucky Pollutant Discharge Elimination System (KPDES) Permit Construction projects disturbing over 1 acre of land require a storm water permit. KPDES permit is required for all alternatives except No Action. Coordination with KDOW WPC would occur and the USACE and its contractor would be required to obtain a permit would prior to construction.
40 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
5.7 Endangered Species Act and Fish and Wildlife Coordination Act The Endangered Species Act (ESA) requires the determination of possible effects on or degradation of habitat critical to Federally-listed endangered or threatened species. After a review of the proposed work and the iPac report downloaded from the USFWS website, and the condition of terrestrial vegetation described in this section, the USACE has concluded the project would have “no effect” on the Indiana bat and Northern long-eared bat. No caves would be affected by the project, so the project would have “no effect” on the Gray bat, a cave obligate. See Section 3.10.
5.8 Fish and Wildlife Coordination Act The USACE is required to coordinate with the USFWS and State Agency under the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The USFWS and Kentucky Department of Fish and Wildlife were notified of the project with a Scoping Notice on February 14, 2018. Neither agency submitted comments. A copy of this Draft Environmental Assessment will be sent to both agencies for their review.
5.9 National Historic Preservation Act Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their actions on historic properties and afford the Advisory Council of Historic Preservation the opportunity to comment on undertakings. The USACE defined the Area of Potential Effects (APE) as the proposed project area footprint. Consultation with the Kentucky Heritage Council (KHC) was initiated in a letter dated September 15, 2016. USACE made the determination that the emergency disinterment of six graves sites would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with these findings in a letter dated September 15, 2016. The six graves were reinterred in July, 2017.
In a letter dated October 4, 2017, USACE continued consultation with the KHC for the disinterment of 61 additional graves and the efforts to stabilize the slope. USACE made the determination this project phase would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with this determination in a letter dated October 19, 2017. In a letter dated October 4, 2017, USACE continued consultation with the KHC for the disinterment of 61 additional graves and the efforts to stabilize the slope. USACE made the determination this project phase would have no effects to historic properties listed or eligible for listing in the NRHP. The KHC concurred with this determination in a letter dated October 19, 2017. The additional 61 graves were deterred and reinterred in Resthaven Cemetery in March, 2018.
5.10 Executive Order 13514 – Environmental Justice The 1994 Executive Order 12898: “Federal Actions to address Environmental Justice in Minority Populations and Low Income Populations” was signed by President Clinton on February 11, 1994, to focus Federal attention on the environmental and human health conditions of minority and low-income populations, with the goal of achieving environmental protection for all communities. As defined by the “Draft Guidance for Addressing Environmental Justice under NEPA” (CEQ, 1996), a minority population
41 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment exists where the percentage of minorities in an affected area either exceeds 50% or is significantly greater than in the general population. The project complies with this Executive Order (See Section 3.15)
5.11 Executive Order 13563- Preparing the United States for the Impacts of Climate Change Executive Order 13563 was signed by President Barack Obama on November 1, 2013 to improve climate preparedness and resilience; help safeguard the U.S. economy, infrastructure, environment, and natural resources; and provide for the continuity of executive department and agency (agency) operations, services, and programs. The implications of climate change on the project are discussed in Section 3.3. The TSP would have a negligible but positive effect on project function as a result of climatic changes in the region.
5.12 Clean Air Act Alternative 4 could result in minor increases in motor emissions from construction vehicles. However, given the minor scale of construction on this project, additional increases in emissions would not cause NAAQS to be exceeded (See Section 3.13).
5.13 Comprehensive Environmental Response, Compensation, and Liability Act No Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites were identified within the proposed project boundaries.
5.14 Resource Conservation and Recovery Act All alternatives would be in compliance with the Resource Conservation and Recovery Act (RCRA). 6.0 PUBLIC AND AGENCY COORDINATION 6.1 Scoping Letter and Responses On February 14, 2018, a Scoping Notice was sent to interested parties, including federal, state and local government representatives and public news/information outlets, including radio, television and newspaper outlets. The public comment period expired on March 16, 2018. Only one comment, from the Environmental Protection Agency (EPA) was received. The Scoping Notice is attached this document as Appendix A.
EPA comments dated February 20, 2018, requested four items: 1) A robust Section 106 National Historic Preservation Act discussion defining the relationship between the flood control project with the potential impacts to the local community; 2) A discussion of how “flood control” structures would affect the migration of terrestrial aquatic species; 3) USACE collaboration with the Kentucky Department of Environmental Protection (KDEP) to determine any potential impacts from the hydraulic and hydrological design associated with placement of control structures that might result in impacts to terrestrial aquatic species, both flora and fauna; and 42 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment
4) USACE provide the CWA 404(b)(1) Guideline documents for this project in an appendix to the final NEPA document(s) in support of any wetland and stream mitigation decisions and to help the KDEP evaluate stream impact requirements for the KDEP Section 401 Water Quality permit.
USACE Response: 1) A detailed discussion of compliance with Section 106 of the National Historic Preservation Act is included in Section 3.12 and Appendix C of this document. 2) There are no flood control structures proposed for the slide remediation measures, however, impacts to the flood storage capacity of the Cumberland River Diversion Channel was considered during analysis of alternatives (Section 2) and impacts to terrestrial and aquatic species were considered in Section 3. Although a temporary diversion structure would be constructed in the river channel, there would be no permanent structures in the channel or along the immediate riparian area that would limit the migration of transitional species such as salamanders. 3) An application for Individual Water Quality Certification was submitted to KDOW on March 13, 2018 and is currently pending. 4) A 404 (b) (1) Guidelines Analysis was completed for this project and is included as Appendix E. KDOW and other stakeholders will have an opportunity to review the analysis when the Draft EA is sent out for review.
At a future date, a Notice of Availability (NOA) for the Draft EA and unsigned FONSI would be posted on the Nashville District website and circulated to public and agencies for a 30-day review.
7.0 PERMITS REQUIRED On March 13, 2018, USACE applied for an Individual Water Quality Certification and Floodplain Construction Permit from KDOW. The WQC was necessary for the final stages of the proposed slide remediation, which would require a temporary access road to be built down to the Cumberland River Diversion channel and a temporary diversion structure to be constructed in the channel to allow removal soil and rock material deposited by the slide. The slide material, access road, and diversion structure would be removed and taken to an offsite, upland disposal area near the construction zone at the completion of construction activities.
The contractor selected to perform the work would have the responsibility to prepare a site-specific Storm Water Pollution Prevention Plan (SWPPP) detailing the proposed means by which erosion and sediment loss at the site would be controlled. The SWPPP, submitted to USACE shall contain all information required by the State Kentucky Pollution Discharge Elimination System (KPDES) permit, including a site map showing all areas to be disturbed, any areas of erodible soils, and best management practices proposed for temporary and permanent erosion and sediment control, stabilization, ground cover, maintenance and inspections. In addition to the actual project site, the SWPPP would cover ancillary areas such as contractor work limits, roads, staging areas, contractor trailer, buildings, waste containers, fuel storage, stock piles, disposal area, and drill water and cofferdam dewatering treatment
43 Loyall, KY Slope Failure Design Deficiency Draft Environmental Assessment and discharge. Upon USACE approval of the SWPPP, the selected contractor would submit the Notice of Intent (NOI) for the KPDES Construction General Permit for Storm Water Discharges to the State. The KPDES Permit for Storm Water Discharges must be approved by KDOW before construction can begin at the project site.
8.0 CONCLUSIONS The Cumberland River Diversion Channel at Loyall, Kentucky was completed in the mid-1990s as part of the Harlan, Loyall, and Rio Vista Flood Damage Reduction (FDR) Project under Section 202 of Public Law 96-367 (October, 1980). A slide has developed on the hillslope above the diversion channel cut below the existing Wix Howard Cemetery. The slide is depositing rock and soil debris in the diversion channel, reducing flow and reducing flood storage. Erosion near the top of the slope is presently becoming more pronounced; destabilizing a portion of the Wix Howard Cemetery, located up-slope from the channel.
Engineering and Construction (CECW-EC) in Washington, DC (USACE Headquarters), has reviewed project information and determined on September 2, 2016 that the hillside slope failure was a result of a design deficiency in accordance with in ER 1165-2-119 “Modifications of Completed Projects.” This determination approves the use of design deficiency authority. The purpose of the proposed slide remediation project is to restore the flood control capacity of the Cumberland River diversion channel to pre-slide conditions, stabilize the affected portion of the northern hill slope, and also stabilize the Wix Howard Cemetery.
After evaluating available alternatives, Alternative 4 is determined to provide the necessary slope stabilization and result in no significant adverse environmental impacts. All practicable means to avoid and minimize adverse environmental effects have been incorporated into the recommended plan. The recommended plan would not result in any significant direct or indirect impacts, causing only minimal and temporary adverse impacts during construction to floodplains, water quality, aquatic wildlife, terrestrial resources, air quality, noise, navigation, and recreation/scenic resources. The project was determined to have long-term, beneficial effects to floodplains, water quality, aquatic wildlife and health/safety and navigation. USACE would verify during the pre-construction meeting that contractors obtained coverage under all applicable federal, state, and local permits related to this project.
9.0 LIST OF INFORMATION PROVIDERS AND PREPARERS The following people and agencies were consulted or involved in preparation of this EA.
Dana Sexton, Project Manager Travis Wiley, Biologist Tim Higgs, Chief, Environmental Section Jordan McIntyre, Archaeologist Chris Stoltz, Environmental Engineer Mary Lu Noah, Attorney Cathy Keith, Real Estate Representative
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10.0 REFERENCES
Council for Environmental Quality 1996 Draft Guidance for Addressing Environmental Justice under NEPA. 1996.
Federal Emergency Management Agency 2014 Floodplain Maps Website: http://fema.maps.arcgis.com/home/webmap/viewer.html?webmap=cbe088e7c8704464aa0fc3 4eb99e7f30
Home Facts 2014 Website: http://www.homefacts.com/unemployment/Kentucky/Harlan-County/Loyall.html
Kentucky Department of Fish & Wildlife Resources 2015 Kentucky Department of Fish & Wildlife Resources website: http://app.fw.ky.gov/speciesinfo/quadList.asp?strGroup=1
Kentucky Division of Air 2014 Kentucky Division for Air Quality, 2014 Annual Report
Kentucky Division of Mine Permits 2013 Cumulative Hydrologic Impact Analysis (CHIA) dataset http://minepermits.ky.gov/Pages/CHIA.aspx
Kentucky Energy and Environment Cabinet, Division of Water (KDOW) 1998 Removing Fecal Pollution from the Upper Cumberland River
Kentucky Energy and Environment Cabinet, Division of Water (KDOW) 2000 Cumberland River Basin and Four Rivers Region Status Report
Kentucky Energy and Environment Cabinet, Division of Water (KDOW) 2016 Integrated Report to Congress on the Condition of Water Resources in Kentucky, 2016. Volume I, 305(b) Assessment Results
Kentucky Energy and Environment Cabinet, Division of Water (KDOW) 2017 Kentucky Quarterly Coal Report, Fourth Quarter of 2017 http://energy.ky.gov/Pages/CoalFacts.aspx
Kentucky Energy and Environment Cabinet, Division of Water (KDOW) 2018 Floodplain Management in Kentucky (website) http://water.ky.gov/floodplain/Pages/default.aspx
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Kentucky Home Town Locator 2014 KY Home Town Locator Website: http://kentucky.hometownlocator.com/maps/boundary- map,mode,place,geoid,2148288.cfm
Kentucky Infrastructure Authority 2014 Water Resource Information System Internet Mapping Website: http://kygeonet.ky.gov/kia/cw/
Lexington Herald-Leader 2015 100 years of coal mining in Harland County. Website: http://www.kentucky.com/2011/08/21/1852406/100-years-of-coal-in-harlan-county.html
National Climate Assessment. US Global Change Research Program. 2014 https://www.globalchange.gov/explore/southeast-caribbean
U.S. Army Corps of Engineers 2015 Recent US Climate Change and Hydrology Literature Applicable to US Army Corps of Engineers Missions-Ohio Region 5. Civil Works Technical Report, CWTS 2015-05, USACE, Washington, DC.
U.S. Army Corps of Engineers February, 2003 Harlan County Kentucky Flood Damage Reduction Study Final Detailed Project Report
U.S. Census Bureau 2014 State and County Quick Facts Website: www.quickfacts.census.gov
U.S. Environmental Protection Agency 2014 Noise Information Website: http://www2.epa.gov/aboutepa/epa-identifies-noise-levels- affecting-health-and-welfare
U.S. Fish and Wildlife Service 2017 Listed species listed by Kentucky County, website: http://www.fws.gov/frankfort/pdf/KY_te_list_by_county.pdf
U.S. Geological Survey 1978 Harlan, Kentucky 7.5-minute Topographic Quadrangle Map.
U.S. Department of Housing and Urban Development 2014 Noise Abatement and Control Website: https://www.hudexchange.info/environmental- review/noise-abatement-and-control
Woods, A.J., Omernik, J.M., Martin, W.H., Pond, G.J., Andrews, W.M., Call, S.M, Comstock, J.A., and Taylor, D.D. 2002 Ecoregions of Kentucky (color poster with map, descriptive text, summary tables, and photographs): Reston, VA., U.S. Geological Survey (map scale 1:1,000,000).
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