article_id,url,status,district_code,district_name,county,longitude,latitude,applicant,permit_application_number,description,expiration_date,post_date,notes,acreage,linear_feet,character,location,addendum,body,hydrologic_unit_codes,water_quality_certifications,coastal_use_permits,agency_interest,dnr,permit_manager_name,permit_manager_email,permit_manager_phone,attachments,reminder_date,special_public_notice,category,oilgas,flag,ten_acres
1772150,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1772150/draft-environmental-assessment-to-evaluate-the-effects-of-a-proposed-land-dispo/,,lrn,Nashville District,Lyon,,,Draft Environmental Assessment to evaluate the effects of a proposed land disposal to the Eddyville Riverport and Industrial Development Authority,"Draft Environmental Assessment to evaluate the effects of a proposed land disposal to the Eddyville Riverport and Industrial Development Authority, Inc. (ERIDA)",,,,,,,,,,"DRAFT Environmental Assessment for to evaluate the effects of a proposed land disposal to the Eddyville Riverport and Industrial Development Authority, Inc. (ERIDA) in Lyon County, Kentucky
The U.S. Army Corps of Engineers, Nashville District has prepared a draft Environmental Assessment (DPR/EA), dated March 2019, to evaluate the effects of a proposed land disposal to the Eddyville Riverport and Industrial Development Authority, Inc. (ERIDA). The proposed action consists of disposal of three tracts of Corps land (Corps Real Estate Tracts112-2, 1206, and 1207) totaling 6.93 acres, adjacent to Lake Barkley in Lyon County, Kentucky. The Corps would retain flowage easement rights.",,,,,,,,,,,,,,,
1777038,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1777038/public-notice-no-19-05-file-no-lrn-2015-01037/,,lrn,Nashville District,Madison,-34.65144,1.25,Public Notice No. 19-05,Public Notice No. 19-05; File No. LRN-2015-01037,,,,,,,,,,"Proposed Discharge of Fill Material into Waters of the United States Associated with the Replacement of Four Bridges along 1.25 Miles of County Road 242 (Old Highway 431).
Public Notice No. 19-05
Nashville District
Application No. LRN-2015-01037
Date: March 05, 2019
All comments should be received no later than 30 days from the date of this notice. Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office 2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the United States Associated with the Replacement of Four Bridges along 1.25 Miles of County Road 242 (Old Highway 431).
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Before a permit can be issued, certification must be provided by the State of Alabama, Department of Environmental Management (ADEM), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: Madison County Commission
Attn: Mr. Chuck Faulkner
266-C Shields Road
Huntsville, Alabama 35811
LEAD FEDERAL AGENCY: The Federal Highway Administration is the lead federal agency for the coordination and conduct of environmental reviews for this proposal under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Endangered Species Act (ESA).
LOCATION: The 1.25 mile project area is located in southeast Huntsville, Madison County, Alabama, south of Little Cove Road (Eastern Bypass) and north of Cherry Tree Road. Within the project is a perennial tributary of the Flint River, the Flint River Mile 18.1, 0.92 acre of forested wetlands, and 0.45 acre of emergent wetlands. USGS Quadrangle – Moontown, AL; Latitude 34.65144°N, Longitude 86.44828°W. (HUC 06030002).
EXISTING CONDITIONS: The project area consists of an equal mixture of undeveloped agricultural and forested land along the right of way (R.O.W.) for a distance of 1.25 miles. The R.O.W. includes one perennial stream, the Flint River, 0.92 acre of forested wetlands, and 0.45 acre of emergent wetlands. The four existing bridges to be replaced are functionally and structurally deficient. Primary functional deficiencies are bridge widths of 18 feet (9’ travel lanes) and lack of guardrail at bridge approaches. Primary structural deficiencies are weight restrictions (inadequate load-carrying capacities) and bridge barrier railings that do not meet current standards. Because the bridges are only 18-feet wide, they currently operate as one-lane facilities where regulatory signing requires CR-242 northbound traffic to yield to oncoming CR- 242 southbound traffic before crossing each structure.
WORK PROPOSED: The proposed project involves the permanent discharge of fill material into 1.37acres of wetlands, and the construction of three bents within the Flint River. The proposed discharge of fill would facilitate construction of four replacement bridges and approach roadway fills.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant states that the project is a “best-fit” centerline along the existing alignment designed to minimize impacts to wetlands and the environment. Factors listed by the applicant that affected the road design were safety, reduction of project costs, and minimization of floodplain fills.
COMPENSATORY MITIGATION PROPOSAL: The applicant proposes to offset the proposed impacts to 1.37 wetland acres through the acquisition of 2.74 wetland credits from a mitigation bank whose service area includes the project location.
NEPA PROJECT PURPOSE AND NEED: The purpose for the project is to replace four functionally and structurally deficient bridges on County Road 242 (Old Highway 431) between Little Cove Road (Eastern Bypass) and Cherry Tree Road. The need for the project is to provide safe transportation for approximately 3,130 vehicles per day which is expected to increase to 4,840 vehicles per day in the 2038 design year. The proposed project is not water dependent.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental
Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers is soliciting comments from the public;federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision
concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The Alabama Department of Transportation (ALDOT) has coordinated this project with the Alabama Historical Commission (AHC) and the applicant provided the Corps with the results of the coordination. The AHC determined three of the four bridges proposed to be replaced are eligible for the National Register of Historic Places (NRHP) based upon their architectural merit and association with the development of Alabama’s highway infrastructure in the early-twentieth century. The Federal Highway Administration (FHWA), in consultation with the AHC determined the removal of these NRHP-eligible bridges will result in an adverse effect. A memorandum of agreement (MOA) was developed and signed by the FHWA, ALDOT, and the AHC which details stipulations agreed to for the mitigation of the adverse effects by the bridge replacement activities. No other NRHP-eligible sites are located within the Corps’ permit area.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the AHC and Native American Tribes.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the Madison County Commission, and a review of the U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/), the following federally- listed species are known to or believed to occur in the project area.
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Slabside Pearly Mussel (Pleuronaia dolabelloides) (E)
• CRUSTACEANS: Alabama Cave Shrimp (Palaemonias alabamae) (E)
• FLOWERING PLANTS: Morefield’s Leather Flower (Clematis morefieldii) (E); Price’s Potato-bean (Apios priceana) (T)
On September 4, 2015, ALDOT submitted to the U.S. Fish and Wildlife Service (USFWS) the results of an aquatic species survey dated July 30, 2015, conducted by AST Environmental. On November 5, 2015, the USFWS concurred by letter with the survey that discovered slabside pearly mussel (Pleuronaia dolabelloides) within the project site. (USFWS Ref: 2015-TA-0802). A Biological Opinion (BO) completed by USFWS on May 12, 2017, determined direct and indirect effects to the slabside
pearly mussel will occur as a result of the proposed bridge replacement at the Flint River but that those effects are not likely to jeopardize the continued existence of the species. The BO includes an incidental take determination and reasonable and prudent measures the applicant must implement that are necessary or appropriate to minimize the take. These measures include: 1) limiting river bottom disturbance to the right-of-way of Old US-431 crossing the Flint River, 2) collecting mussels from the proposed construction limits as well as from potential mussel habitat for a distance of 150-feet downstream from the downstream
edge of the construction limits and a distance of 65 feet upstream, and 3) relocating all mussels found in these areas to an area of suitable habitat, upstream from the bridge construction site. No critical habitat has been designated in the Flint River for this mussel species, therefore, none will be affected.
A copy of this notice is being furnished to the USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Alabama is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, and/or email at william.e.sinclair@usace.army.mil. It is not necessary to comment separately to ADEM since copies of all comments will be sent to them and
become part of their records on the proposal.
If you received this notice by mail and wish to view all of the attachments, visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone 256-350-5620, or email william.e.sinclair@usace.army.mil.
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",06030002,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,,,,,,,
1780120,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1780120/public-notice-no-19-06-file-no-lrn-2018-00611/,,lrn,Nashville District,,,,,Public Notice No. 19-06: File No. LRN--2018-00611,,,,,,,,,,"This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument (ILF Instrument) to include the Hiwassee In- Lieu Fee Wetland Mitigation Project.
Public Notice No. 19-06
Nashville District
Application No. LRN-2018-00611
Date: March 8, 2019; Expires: April 8, 2019
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument (ILF Instrument) to include the Hiwassee In- Lieu Fee Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Wildlife Federation
300 Orlando Avenue
Nashville, Tennessee 37209
BACKGROUND: The TMF Statewide Wetland In-Lieu Fee Program Instrument was approved on April 2, 2012 and modified on September 7, 2017, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Hiwassee In-Lieu Fee Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu fee (ILF) program mitigation site. As such, we are issuing a public notice to solicit comments for the instrument modification due to the proposed addition of an ILF mitigation site.
PURPOSE: The Hiwassee In-Lieu Fee Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Southeast Tennessee Geographic Service Area in accordance with TMF’s approved ILF Instrument. Wetland mitigation would be accomplished through the restoration, establishment, and enhancement of 43.34 acres of wetland.
LOCATION: The Hiwassee In-Lieu Fee Wetland Mitigation Project would be located on two sites. Site1 is located on 28 acres on the Chickamauga Creek Wildlife Management Area – Candies Creek Unit approximately 3 miles north of Cleveland off State Route 306 in Bradley County, Tennessee (N 35.285, W -84.854). Site 2 is located on 22 acres on the Charlotte Anne Finnell Neal WMA off US Highway 411, approximately one mile south of Ocoee in Polk County, Tennessee (N 35.114, W -84.728). Both properties are owned by the State of Tennessee and managed by Tennessee Wildlife Resources
Agency.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, re- establishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for Department of the Army permits. Similar to a mitigationbank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the program. The IRT is chaired by the U.S. Army Corps of Engineers (Corps). The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps. In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to restore and establish 24.78 acres of wetlands on Site 1 by plugging ditches, breaching and removing berms on the floodplain of adjacent streams, excavating 6-12 inches of soil in select areas on higher elevations of the site, planting native hydrophytic tree and shrub species, and cessation of agricultural activities on the site. The sponsor proposes to enhance 18.56 acres of farmed wetland on Site 2 by planting native hydrophytic tree and shrub species and cessation of livestock grazing.
Table 1: Hiwassee Project Summary of Mitigation Approach
The wetland credits would be allocated to the Southeast Tennessee Geographic Service Area (See Exhibit A).
Details are contained in the Hiwassee In-Lieu Fee Wetland Mitigation Project Plan dated February 2019. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
HISTORIC AND CULTURAL RESOURCES: The Corps has reviewed the latest published version of the National Register of Historic Places, lists of properties determined eligible and other sources of information. No historic resources were identified within two (2) miles of the proposed project sites in Bradley County or Polk County, Tennessee. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies;
historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, the Corps will evaluate potential impacts and consult with the State Historic Preservation Office (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies
of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of federally-listed species that are known to or believed to occur in Bradley County and Polk County, Tennessee identified the following list:
Species Nomenclature Federal Status
Fish
*Snail Darter (Percina tanasi)Endangered
Clams
**Cumberland Bean (pearly mussel) (Villosa trabalis) Endangered
Plants
*Ruth’s Goldenstar Aster (Pityopsis ruthii) Endangered
*White Fringeless Orchid (Platanthera integrilabia) Threatened
Mammals
**Gray bat (Myotis grisescens) Endangered
**Indiana Bat (Myotis sodalist) Endangered
**Northern Long-eared Bat (Myotis septentrionalis) Threatened
*Site 2-Polk County, **Site 1 and 2 Polk and Bradley Counties
A copy of this notice is being furnished to U.S. Fish & Wildlife Service (USFWS) for their review. After receipt of any comments, the Corps will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by DA permits. That determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its
reasonably foreseeable detriments. Factors relevant to the proposal will be considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and
in general, the needs and welfare of the people.
The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mark G. McIntosh at the above address or email: mark.g.mcintosh@usace.army.mil.
\s\
Corey L. Wilson
Acting Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
1780768,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1780768/cumberland-river-tributaries-detailed-project-report-and-environmental-assessme/,,lrn,Nashville District,Davidson,,,The U. S. Army Corps of Engineers,"Cumberland River Tributaries Detailed Project Report and Environmental Assessment and Unsigned Finding of No Significant Impact Statement, Nashville, Davidson County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District has prepared a draft Integrated Detailed Project Report and Environmental Assessment (DPR/EA), dated March 2019 for the Cumberland River Tributaries, Nashville, Tennessee Flood Risk Management Study.
The U. S. Army Corps of Engineers, Nashville District has prepared a draft Integrated Detailed Project Report and Environmental Assessment (DPR/EA), dated March 2019 for the Cumberland River Tributaries, Nashville, Tennessee Flood Risk Management Study. The draft DPR/EA
analyzes potential solutions for flooding problems within the Browns Creek, Richland Creek, and Whites Creek watersheds in Nashville, Davidson County, Tennessee. A wide variety FRM measures were developed and combined into plans. The team evaluated the plans for cost efficiency and flood risk reduction effectiveness, which resulted in a final array of three plans per tributary stream.",,,,,,,,,,,,,,,
1783377,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1783377/public-notice-no-lrn-19-07-file-no-lrn-2006-00111/,,lrn,Nashville District,Roane,,,Public Notice No. LRN-19-07,Public Notice No. LRN-19-07; File No. LRN-2006-00111,,,,,,910,,,,"Proposed Commercial Facilities at Clinch River Mile 9.8R, Watts Bar Reservoir, Roane County, Tennessee (Preserve Marina)
Public Notice No. LRN-19-07
Nashville District
Application No. LRN-2006-00111
Date: March 12, 2019; Expires: April 12, 2019
Please address all comments to: Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250,
Lenoir City, TN 37771
SUBJECT: Proposed Commercial Facilities at Clinch River Mile 9.8R, Watts Bar Reservoir, Roane County, Tennessee (Preserve Marina)
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors and Section 404 of the Clean Water Act. Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act. Additionally, the verification of a Nationwide Permit 16, Return Water from Upland Contained Disposal Area, is being considered for the dredge material disposal site under Section 404 of the CWA.
APPLICANT(S): Preserve Marina, LLC
Attn: Mr. Josh Sanderson
4609 Ball Road
Knoxville, TN 37931
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within The Preserve at Clinch River Subdivision on Watts Bar Reservoir, Clinch River Mile 9.8R, Roane County, Tennessee. The project is located on Watts Bar Reservoir within the 060102070405 HUC-12 watershed. The project site can be found on the Elverton, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct a multifaceted commercial marina including boat slips, fuel dock, floating ship store, launching ramp and dry boat storage unit utilizing a phased approach. The proposal includes the construction of multiple covered docks with boat slips totaling 150 at complete build-out, the installation of 910 linear feet of riprap, and dredging of 20’ x 30’ area (approximately 170 cubic yards) below proposed 14’ x 30’ concrete boat launching ramp. Disposal site for dredged material will be an upland location within the Preserve development. Additionally, the applicant is proposing to construct a dry boat storage unit and parking lot in uplands adjacent to the proposed water use facilitates as needed once all floating boat slips reach capacity. See Attachment 2, Sheets 1- 6. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Impacts to Watts Bar Reservoir were minimized during the design phase as the overall project will be constructed in phases once slips are occupied reducing the initial footprint of impacts.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips, associated dredging, bank stabilization and ramp construction within proposed harbor limits.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, to the evaluation of the impact of the activity on the public interest will include application of the guidelines romulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision
concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Alabama lampmussel (Lampsilis virescens)
Endangered
Cracking pearlymussel (Hemistena lata)
Endangered
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Ring pink (Obovaria retusa)
Endangered
Rough rabbitsfoot (Quadrula cylindrical strigillata)
Endangered
Pink mucket (Lampsilis abrupta)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Sheepnose mussel (Plethobasus cyphyus)
Endangered
Shiny pigtoe (Fusconia cor)
Endangered
Spectaclecase (Cumberlandia monodonta)
Endangered
White wartyback (Plethobasus cicatricosus)
Endangered
Snails
Anthony’s riversnail (Athearnia anthonyi)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
White fringeless orchid (Platanthera integrilabia)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
b. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before April 12, 2019, will become a part of the record and will be considered in the etermination. Any response to this notice should reference LRN-2006-00111 and be directed to the East Regulatory Branch, Attention: Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
US Army Corps of Engineers",60102070,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,,,,,,,
1784611,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1784611/public-notice-no-19-08-file-no-lrn-1997-14950/,,lrn,Nashville District,Giles,-86.969,35.0877,Public Notice No. 19-08,Public Notice No. 19-08; File No. LRN-1997-14950,,,,,,,,,,"Proposed Excavation of a Gravel Bar at Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee
Public Notice No. 19-08
Nashville District
Application No. 199714950
Date: March 14, 2019;Expires: April 13, 2019
Please address all comments to: Nashville District Corps of Engineers,
Regulatory Division,
3701 Bell Road,
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed Excavation of a Gravel Bar at Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army
Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33USC 403).
APPLICANT: Danny Tomerlin
2100 Elkton Pike
Pulaski, Tennessee 38478
LOCATION: Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee USGS Quadrangle: Aspen Hill, TN. Latitude: 35.0877, Longitude:-86.9690
BACKGROUND: The applicant was previously issued a DA permit for the activity on November 13, 1997 and on May 18, 2012. The previous authorizations have expired and the applicant is reapplying for the same activity.
DESCRIPTION: The proposed work consists of the removal of approximately 500 cubic yards of gravel per year for five years from a gravel bar measuring approximately 40’ x 150’ x 3’. The applicant would perform the work in the dry leaving a 15’ undisturbed buffer between the excavation and the stream. In addition, the bottom elevation of the excavated area would not be lower than one foot above the stream surface elevation. The gravel would be removed by track hoe, placed in a truck, and hauled upland for use on the applicant’s property. The applicant would gain access to the site by utilizing an existing access road.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: A 15’ buffer zone would be established between the active excavation and the free flowing water and the bottom elevation of the excavated area would not be lower than one foot above the stream surface elevation.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant does not propose any compensatory mitigation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A previous file search and review at the Tennessee Division of Archaeology was conducted by the Regulatory Division in 1997 and again in 2007. An archaeological site is located in the vicinity of the proposed gravel bar removal, however; the site would not be impacted by the proposed activity. The 2007 file search confirmed the initial 1997 determination that the project would have “no effect” on historic properties. The Tennessee Historical Commission agreed with the Corps’ findings in letters dated August 26, 1997 and May 7, 2007. Based on this information, it is the finding
of the Corps that this project has no potential to effect historic properties listed on or eligible for listing on the National Register of Historic Places. This Public Notice serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Giles County, Tennessee
Common Name
Scientific Name
Oyster mussel
Epioblasma capsaeformis
Birdwing pearlymussel
Lemiox rimosus
Tan riffleshell
Quadrula sparsa
Cumberland comshell
Epioblasma brevidens
Cumberland monkeyface (pearlymussel)
Quadrula intermedia
Dromedary pearlymussel
Dromus dromas
Turgid blossom pearlymussel
Epioblasma torulosa torulosa
Pale lilliput pearlymussel
Taxolasma cylindrellus
Cracking pearlymussel
Hemistena lata
Rabbitsfoot
Quadrula cylindrical cylindrical
Slabside pearlymussel
Lexingtonia dolabelloides
Fluted kidneyshell
Ptychobranchus subtentum
Finerayed pigtoe
Fusconaia cuneolus
Snuffbox mussel
Epioblasma triquetra
Orangefoot pimpleback
Plethobasus cooperianus
Shiny pigtoe
Fusconaia cor
Boulder Darter
Etheostoma wapiti
Snail Darter
Percina tanasi
Price’s potato bean
Apios priceana
Indiana bat
Myotis sodalis
Gray bat
Myotis grisescens
Northern Long-Eared Bat
Myotis septentrionalis
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before April 13, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",19971495,,,,,,,,,,,,,,
1787697,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1787697/public-notice-no-19-10-file-no-lrn-2018-00164/,,lrn,Nashville District,Stewart,,,Public Notice No. 19-10,Public Notice No. 19-10; File No. LRN-2018-00164,,,,,,,,,,"Proposed Barge Loading/Unloading Facility at Cumberland River Mile 108.5, Right Bank, Lake Barkley, within an area known as “Lock C”, Stewart County, Tennessee
Public Notice No. 19-10
Nashville District
File No. LRN-2018-00164
Date: March 19, 2019 ;Expires: April 18, 2019
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division,
3701 Bell Road, Nashville, TN 37214
(Attn: Amy Robinson)
SUBJECT: Proposed Barge Loading/Unloading Facility at Cumberland River Mile 108.5, Right Bank, Lake Barkley, within an area known as “Lock C”, Stewart County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA). The proposed work would occur on U.S. Government land; therefore, the project is concurrently being considered for approval to impact lands and waters upon which the U.S. Army Corps of Engineers (USACE) has real estate interest.
APPLICANT: Fort Campbell Military Base
MSS Chief of Staff
101st Airborne Division
39 Normandy Boulevard
Ft. Campbell, Kentucky 42223
LOCATION: Cumberland River Mile 108.5, Right Bank, Lake Barkley, within an area known as “Lock C”, in Indian Mound, Stewart County, Tennessee
(Latitude 36.426075°, Longitude - 87.575198°)
DESCRIPTION: The applicant proposes to construct a barge loading and unloading facility by improving existing facilities located within the area known as “Lock C”. The project would provide an improved marine deployment facility via water for transport of military vehicles and equipment from Fort Campbell Military Base. Discharge of fill material within a total of 1.74 acres of emergent wetlands is required for an equipment staging area of military vehicles and equipment with
some minor road improvements. Approximately 40 square feet of riprap would be placed below the ordinary high water mark (OHWM) of Cumberland River for stabilization of an outlet ditch to drain water from the site. The proposed project is summarized as follows:
Resource:
Impact and Mitigation Requirement
ID
Impact
Impact Type
Mitigation
Feet
Acres
Wetland 1
1.48
Permanent Fill; Staging Area
Yes
Wetland 2
None
N/A
Wetland 3
None
N/A
Wetland 4
0.26
Permanent Fill; Road Improvement
Yes
Cumberland River
20
Riprap for Stabilization Drainage
No
Totals
20
1.74
Additional activities at the project site do not require DA authorization such as construction of low water access ramp and a high water access ramp which are to be constructed in uplands above OHWM.
The applicant has proposed compensatory mitigation for the wetland impacts and is described below.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to provide an improved marine deployment facility via water for transport of military vehicles and equipment from the Fort Campbell Military Base. The proposed improvements would provide for mass deployments of equipment and vehicles to and from the base.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant performed an Alternatives Analysis for the project including review of no action and onsite design alternatives. Offsite alternatives were reviewed but determined the project is at an optimal location at the existing access area. Onsite design alternatives considered effects to wetlands (quantity and quality), the Cumberland River, forested riparian areas, and location of existing facilities. Additional onsite measures would be employed such as Stormwater Pollution Prevention Plan and best management practices (BMPs).
COMPENSATORY MITIGATION: The applicant proposes to provide compensatory mitigation by purchasing 3.5 credits (2:1 offset ratio) from the Tennessee Wildlife Federation Wetland In-Lieu Fee Program for the permanent fill of 1.74 acres of emergent wetlands.
ENVIRONMENTAL DOCUMENTATION: Pursuant to National Environmental Policy Act (NEPA), the Corps Project Planning Branch is preparing an Environmental Assessment (EA) to address potential environmental consequences of the proposed project on government property including streams and wetlands. This office issued a Scoping Notice, dated September 19, 2018, to solicit comments fromthe public; federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed activity.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization ofimportant resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. The Corps, Project Planning Branch and Regulatory Division, will consider any comments received prior to a final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit
and Real Estate Instrument. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: The Corps is consulting with the State Historic Preservation Office and American Indian Tribes under Section 106 of the National Historic Preservation Act under separate cover. A cultural resource survey of the proposed project area will be conducted to determine the presence, extent, and significance of pre-contact and historic archaeological sites. The Corps invites responses to this public notice from American Indian Tribes or tribal
governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. USACE would evaluate any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following five federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/Scientific Name
Status
Determination
Plants
Price’s Potato-bean / Apios priceana
T
May affect; not likely to adversely affect
Plants
Short’s bladderpod / Plysaria gloosa
E
May effect; not likely to adversely affect
Mammal
Indiana bat / Myotis sodalis
E
May affect; not likely to adversely affect
Mammal
Gray bat / Myotis grisescens
E
May affect; not likely to adversely affect
Mammal
Northern Long-Eared Bat /
Myotis septentrionalis
T
May affect; not likely to adversely affect
No threatened or endangered aquatic species were identified in vicinity of the project and the USACE determined there would be no effect to these species. A survey did not reveal the presence of threatened or endangered plant species or suitable habitat. No trees would be removed for the proposed project. No designated critical habitat was identified in vicinity of the project. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to
result from the proposed work. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work, including but not limited to:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. The project requires Corps Real Estate Division approval for work on U.S. Government land. Therefore, prior to construction, the Corps Real Estate Division must approval for the project to impact lands and waters upon which the government has real estate interests.
3. The project requires a Section 408 Permit. In accordance with USACE's obligation and procedures under Section 408 of the Rivers and Harbors Act, Engineer Circular (EC) 1165-2-216, dated July 31, 2014, Policy and Procedural Guidance for Processing Request to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408, USACE must determine if the proposed work will alter lands and waters upon which the government has real estate interest and/or be injurious to the public interest.
4. Other federal, state, and/or local approvals that may be required for the activity.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by April 18, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2018-00164, and be directed to the Regulatory Division, Attn: Amy Robinson, at
the above address, or at amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
1790786,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1790786/public-notice-no-19-11-file-no-lrn-2017-00187/,,lrn,Nashville District,Hardin,-88.246762,35.063523,Public Notice No. 19-11,Public Notice No. 19-11; File No. LRN-2017-00187,,,,,,656,,,,"Modification of Department of the Army Permit LRN-2017-00187, originally advertised on Public Notice 17-15, for Proposed Upgrades to Pickwick Landing Dam at Tennessee River Mile 206.8, Hardin County, Tennessee (Pickwick Dam South Embankment Seismic Upgrade Project)
Public Notice No. 19-11
Nashville District
Corps Application No. LRN-2017-00187
Date: March 21, 2019; Expires: April 5, 2019
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Amy Robinson)
3701 Bell Road,
Nashville, TN 37221
SUBJECT: Modification of Department of the Army Permit LRN-2017-00187, originally advertised on Public Notice 17-15, for Proposed Upgrades to Pickwick Landing Dam at Tennessee River Mile 206.8, Hardin County, Tennessee (Pickwick Dam South Embankment Seismic Upgrade Project)
TO ALL CONCERNED: The project described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the CleanWater Act (CWA).
APPLICANT: Tennessee Valley Authority
Attn: Mr. Michael Turnbow
1101 Market Street
LP 5D-C
Chattanooga, Tennessee 37402
LOCATION: Pickwick Landing Dam, Tennessee River Mile 206.6, Pickwick Lake (upstream side) and upper Kentucky Lake (downstream side), in Hardin County, Tennessee; Latitude 35.063523, Longitude -88.246762
BACKGROUND and ORIGINAL PROPOSAL: Public Notice 17-15 was issued on June 22, 2017 advertising proposed upgrades to the south embankment of the Pickwick Landing Dam to improve performance of the dam during and following a large earthquake, should one occur. This project was authorized by DA permit on September 14, 2017 for the following impacts:
Upstream side: Fill material (riprap and crushed stone) would be placed below the ordinary high water mark (OHWM) elevation of 414’ and displace approximately 14.7 acres of open water reservoir. In order to prevent the new underwater fill from being a navigation hazard, a riprap berm would be constructed on top of the fill (to provide a physical and visual barrier for boaters). The navigation berm would have a top elevation 420’, which is approximately 6’ above the OHWM elevation
of 414’.
Downstream side: Structural fill material (sand, gravel, silt and clay) would be placed into wetlands and stream channels on the downstream side (Kentucky Lake side) of the embankment. Wetland 003 (1.3 acres) and 004 (0.8 acres) would be completely filled and Wetland 001 would have a permanent loss of
0.1 acre and temporary impacts to 0.1 acres. W002 would have temporary impacts to 0.5 acre. A total of 2.2 acres of permanent wetland fill and 0.6 acres of temporary wetland fill would be required. In addition, the project would require the encapsulation of approximately 656 linear feet of perennial stream channel; approximately 130 linear feet of Stream 7 and 526 linear feet of Stream 8. Each stream is man- made and are part of the toe drain system of the dam to carry seepage away from the toe.
Compensatory mitigation was provided for the stream and wetland fills by purchasing 4.4 wetland mitigation bank credits from the Tennessee Mitigation Fund Mitigation Bank and 656 stream in-lieu fee (ILF) credits from the Tennessee Stream Mitigation Program ILF.
DESCRIPTION OF PROPOSED MODIFICATIONS: After TVA completed their final Environmental Assessment (EA) and the DA permit was issued for the original project, TVA made changes to the design to reduce overall risks to the integrity of the dam during construction and to address construction challenges. To address potential shallow failures of the embankment, berms would be constructed along the toe of the upstream and downstream sides of the embankment. To address deeper failure modes, extended fill areas would be placed in select locations on each of the embankment.
Overall, the proposed project modifications would result in an additional permanent loss of 0.3 acres of wetlands, reduce temporary impacts to wetlands from 0.6 acres to 0.07 acres, reduce the length of stream encapsulation from 526 linear feet to 482 linear feet, and increase open water impacts from 14.7 to 15.38 acres. The following table provides a comparison of impacts originally permitted and impacts proposed for the project modifications:
Construction of the project is underway, however, the work in the vicinity of waters has been limited to removal of trees in the original permitted area.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
ENVIRONMENTAL DOCUMENTATION: For activities of TVA for which a DA permit is requested or required, USACE’s and TVA’s memorandum of Understanding designates TVA as the lead Federal Agency for the coordination and conduct of all environmental reviews required for compliance under the National Environmental Policy Act (NEPA) including Section 7 of the EndangeredSpecies Act (ESA) and Section 106 of the National Historic Preservation Act (NHPA). TVA completed a final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI), dated September 2016, documenting potential effects of the original proposed project. TVA stated that since the EA was completed, there have been changes to the design to reduce overall risks to the integrity of the dam during
construction and to address construction challenges. A Draft Supplement Environmental Assessment (SEA) was prepared by TVA to evaluate the implementation of the necessary design changes and address any environmental consequences of the modifications. On January 9, 2019, TVA issued a final SEA and FONSI for the proposed changes to implement the necessary design changes to complete its upgrades at Pickwick Landing Dam. Information on the SEA can be found at:
https://www.tva.gov/Environment/Environmental-Stewardship/Environmental- Reviews/Pickwick-Landing-Dam-South-Embankment-Seismic-Upgrade.
PURPOSE AND NEED: The applicant indicated the purpose of the proposed project is to provide upgrades to the south embankment of Pickwick Landing Dam to improve performance of the dam during and following a large earthquake, should one occur. The overall stability and integrity of the south embankment would be improved from existing conditions.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the original project application and the proposed modification application, the applicant has designed the project site to minimize impacts to streams and wetlands by minimizing the amount of riprap and other filling activities to the amount necessary to stabilize the south embankment. The permanent impacts to wetlands increased by 0.3 acres due to the need for additional permanent fill, instead of temporary impacts. In addition, proposed stream encapsulation decreased by 44 linear feet. The applicant evaluated alternatives including the no action alternative within their EA and SEA and was available for public comment. Additional onsite measures would be employed such as best management practices (BMPs) and as required in the Stormwater Pollution Prevention Plan.
COMPENSATORY MITIGATION: Original Proposal: Compensatory mitigation was provided for the original authorized project by purchasing 4.4 wetland mitigation bank credits (2:1 offset ratio) from the Tennessee Mitigation Fund (TMF) Mitigation Bank and purchasing 656 stream in-lieu fee (ILF) credits (1:1 offset ratio) from the Tennessee Stream Mitigation Program ILF.
Proposed Modification: Wetland impacts would increase by 0.3 acres and to offset this additional impact, TVA proposes to purchase an additional 0.6 wetland mitigation credits (2:1 ratio) from the TMF Mitigation Bank. Since the actual amount of stream mitigation purchased for the original project is 44 credits more than the proposed modification may require, TVA does not propose additional stream mitigation. In addition, TVA does not propose compensatory mitigation for the
loss of open water.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to reissue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. These public interest factors and cumulative effects were considered and addressed within the EA prepared for the original proposal and will be considered in any supplemental documentation. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/oran Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: Public Notice 17-15 was issued in June 2017 advertising the proposed project and the Corps’ consultation of National Register of Historic Places (NRHP). TVA provided (with their original application) their effects determinations and documentation ofprevious consultation with the Tennessee Historical Commission (THC) and other consulting parties on the subject project. THC concurred with TVA’s determination that no historic properties eligible for listing the National Register of Historic Places would be impacted. The Corps determines that the plan modifications advertised here do not affect the original no effect determination, and it remains valid for the proposed project. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: TVA provided (with their application and in their SEA) theireffects determinations and previous coordination with the U.S. Fish and Wildlife Service on the subject project. The proposed activities, including tree clearing, are addressed in TVA’s programmatic biological assessment on routine actions and federally listed bats in accordance with Endangered Species Act (ESA) Section 7(a)(2) (TVA 2017). They determined the project area does not
occur in any known habitat for either Indiana bat or Northern long-eared bat (NLEB) and any effects to federally-listed bat species are expected to be minor. No other T&E species were identified in vicinity of the permit area. Since authorization of the original project, trees have been removed from the project site including wetland and stream areas. Additionally, no designated critical habitat has been identified. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to T&E species from the proposed project modifications. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work. Water quality certification has been issued for the proposed modifications by the state of Tennessee, Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), effective date November 21, 2018 [NRS 17.055] stating that applicable water quality standards will not be violated.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by April 5, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-00187, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above address, or at amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
1795151,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1795151/public-notice-no-lrn-19-09-file-no-lrn-2019-00190/,,lrn,Nashville District,Jefferson,,,Public Notice No. LRN-19-09,Public Notice No. LRN-19-09; File No. LRN-2019-00190,,,,,,,,,,"Proposed Floating Dock Associated with Campground Development, French Broad River Mile 44L, Douglas Reservoir, Dandridge, Jefferson County, Tennessee
Public Notice No. LRN-19-09
Nashville District
Application No. LRN-2019-00190
Date: March 25, 2019;Expires: April 25, 2019
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250
Lenoir City, TN 37771
SUBJECT: Proposed Floating Dock Associated with Campground Development, French Broad River Mile 44L, Douglas Reservoir, Dandridge, Jefferson County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT: Smokey Mountain Lake Adventures, LLC
Attn: Mr. John Morgan
914 Highway 421
Bledsoe, KY 40810
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located at French Broad River Mile 44L, Dandridge, Jefferson County, Tennessee. The project is located on Douglas Reservoir within the 06010107 HUC-8 watershed. The project site can be found on the Shady Grove and Jefferson City, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map, Sheets 1-2.
DESCRIPTION: The applicant proposes to construct one main floating L-shape dock with 35 boat slips (450’x171’), ten floating docks with double boat slips (36’x32’) and a concrete launching ramp (350’x20’). See Attachment 2, Project Plans Sheets 1-3. The proposed water use facilities are associated with campground and marina development at the site. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Impacts to Douglas Reservoir were minimized during the design phase.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision
concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Appalachian elktoe (Alasmidonta raveneliana)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before April 25, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2019-00190 and be directed to the East Regulatory Branch, Attention: CaraBeverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",06010107,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,,,,,,,
1805418,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1805418/public-notice-no-19-13file-no-lrn-2019-00045/,,lrn,Nashville District,Limestone,-86.86031,34.66031,Public Notice No. 19-13,Public Notice No. 19-13;File No. LRN-2019-00045,,,,,,,,,,"Proposed Discharge of Fill Material into Waters of the United States Associated with the Construction of a 13,000 Foot Long Railroad Support Yard Adjacent to the Existing Mainline Track in the Greenbrier Community of Huntsville, Limestone County, Alabama. The Support Yard Includes Three Support Tracks and a Stone Access Road.
Public Notice No. 19-13
Nashville District
Application No. LRN-2019-00045
Date: April 3, 2019
All comments should be received no later than 30 days from the date of this notice. Please address all comments to:
Nashville District Corps of Engineers
Western Regulatory Field Office
2424 Danville Road SW
Suite N
Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the United States Associated with the Construction of a 13,000 Foot Long Railroad Support Yard Adjacent to the Existing Mainline Track in the Greenbrier Community of Huntsville, Limestone County, Alabama. The Support Yard Includes Three Support Tracks and a Stone Access Road.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Before a permit can be issued, certification must be provided by the State of Alabama, Department of Environmental Management (ADEM), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: Norfolk Southern Railway Company (NSRC)
Attn: Mr. Mike Wigley
1200 Peachtree Street
Atlanta, Georgia 30309
LOCATION: The 13,000 liner foot project area is located immediately north of the existing NSRC mainline track in the Greenbrier area of Huntsville, Limestone County, Alabama. Within the project is a wetland abutting an unnamed tributary of Limestone Slough, a tributary to the Tennessee River Mile 310.7, Right Bank. USGS Quadrangle – Greenbrier, AL; Latitude 34.66031°N, Longitude 86.86031°W. (HUC 06030002).
EXISTING CONDITIONS: The 13,000 foot long project area consists almost entirely of agricultural land. The wetland within the project area is an equal mixture of young forest and hayfield. Larger trees within the wetland were removed during the winter of 2018-2019.
WORK PROPOSED: The proposed project involves the permanent discharge of fill material into 1.13 acres of wetland and the temporary discharge of fill material into 0.20 acre of wetland. The proposed discharge of fill would facilitate construction of a support yard adjacent to the existing mainline track. The support yard includes three support tracks and a stone access road.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The project avoids wetlands that are located approximately 100 feet west of the western end of the project and 125 feet east of the eastern end of the project. The 1.33 acres of wetland proposed to be filled is part of a larger wetland that extends to the north that will remain unfilled.
COMPENSATORY MITIGATION PROPOSAL: The applicant proposes to offset the proposed permanent impacts to 1.13 wetland acres through the acquisition of 2.26 wetland credits from Robinson Spring Mitigation Bank in Jackson County, Alabama, whose service area includes the project location.
NEPA PROJECT PURPOSE AND NEED: The purpose for the project is to construct a support rail yardadjacent the existing mainline track in the Greenbrier community of Huntsville, Alabama. Expansionof heavy industries in the area has increased the need for additional capacity in rail transportation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental
Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation
of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as a limited area surrounding it was conducted by the Corps. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the AHC and Native American Tribes.
ENDANGERED/THREATENED SPECIES REVIEW: Based on a review of the U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/), the following federally-listed species are known to or believed to occur in the project area.
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• FISHES: Spring Pygmy Sunfish (Elassoma alabamae) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe(Pleurobema plenum) (E)
• SNAILS: Anthony’s Riversnail (Athearnia anthonyi) (E); Armored Snail (Pyrgulospis pachyta) (E); Slender Campeloma (Campeloma decampi) (E)
A copy of this notice is being furnished to the USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Alabama is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, and/or email at william.e.sinclair@usace.army.mil. It is not necessary to comment separately to ADEM since copies of all comments will be sent to them and
become part of their records on the proposal.
If you received this notice by mail and wish to view all of the attachments, visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone 256-350-5620, or email william.e.sinclair@usace.army.mil.
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",06030002,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,,,,,,,
1805505,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1805505/public-notice-no-19-12-file-no-lrn-2018-00839/,,lrn,Nashville District,Sullivan,-82.05987,36.57134,Public Notice No. 19-12,Public Notice No. 19-12; File No. LRN-2018-00839,,,,,,97,,,,"Proposed discharge of fill material into 1.38 acres of wetland and 97 linear feet of unnamed tributary to Thomas Creek. The proposed activity is for the construction of a 12- acre private pond in Sullivan County, Tennessee.
Public Notice No. 19-12
Nashville District
Application No. LRN-2018-00839
Date: April 3, 2019;Expires: May 3, 2019
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Branch
3701 Bell Road
Nashville, TN 37214
Attn: Christina J. Ashley
SUBJECT: Proposed discharge of fill material into 1.38 acres of wetland and 97 linear feet of unnamed tributary to Thomas Creek. The proposed activity is for the construction of a 12- acre private pond in Sullivan County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Mr.Steve Johnson
358 Highway 44
Bristol, Tennessee 37620
LOCATION: The project is located approximately one quarter mile southeast of the intersection of Highway 44 also known as Pemberton Road and Cold Springs Church Road in Bristol, Sullivan County, Tennessee. The onsite stream is an Unnamed Tributary to Thomas Creek.
USGS Quadrangle: Holston Valley, Tennessee Latitude: 36.57134°, Longitude:-82.05987°
DESCRIPTION: The applicant proposes to permanently discharge fill material into 1.38 acres of wetland and 97 linear feet of intermittent stream in order to construct a private, 12- acre pond on a 45.01 acre project site.
Project Vicinity, Aquatic Resource, and Plan View maps are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: According to the applicant, the proposed construction of a 12-acre business amenity pond would provide a private, recreational setting on the applicant’s 45.01 acre tax parcel in Sullivan County, Tennessee to facilitate economic development with the landowner’s guests, which would include prospective investors in locally and regionally- significant commercial development projects and be led by the applicant’s company: Johnson Commercial Development.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The project avoids impacts to the adjacent, downstream Thomas Creek. Project impacts would be minimized onsite by constructing a French drain under an impoundment liner to ensure that the onsite spring and wetland remain hydraulically connected to the unnamed tributary to Thomas Creek and Thomas Creek. Erosion prevention and sediment control measures (EPSC) would also minimize
potential for introduction of sediment into the downstream Thomas Creek. (The USACE has not fully evaluated the adequacy of the proposed avoidance and minimization).
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has proposed to purchase mitigation credits to compensate for the loss of 97 linear feet of intermittent stream and 1.38 acres of wetland. (The USACE has not fully evaluated the adequacy of the proposed compensatory mitigation plan).
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to occur from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as a limited area surrounding the project was conducted by USACE. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will continue to consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of the USFWS website http://ecos.fws.gov/ipac identified federally-listed species that are known or believed to occur in the vicinity of the proposed action; a complete list of these federally-listed species are listed below:
Species
Scientific Name
Federal Status
Mammals
Indiana bat
Myotis sodalis
Endangered
Gray bat
Myotis grisecens
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Mollusks
Tan riffleshell
Epioblasma florentina walkeri
Endangered
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before May 3, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Christina J. Ashley, at the above address, telephone 615-369-7514.
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
1810120,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1810120/draft-environmental-assessment-and-unsigned-finding-of-no-signficant-impact-for/,,lrn,Nashville District,Harlan,,,The U.S. Army Corps of Engineers,"DRAFT Environmental Assessment and Unsigned Finding of No Signficant Impact for a Design Deficiency on Loyall Flow-Through Ponding Area; City of Loyall (Harlan County), Kentucky",,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District (USACE), in accordance with the National Environmental Policy Act (NEPA), is preparing an Environmental Assessment (EA) to assess a design deficiency associated with the Cumberland River Diversion Channel and Flow-Through Ponding Area in City of Loyall in Harlan County, Kentucky
The U.S. Army Corps of Engineers, Nashville District (USACE), in accordance with the National Environmental Policy Act (NEPA), is preparing an Environmental Assessment (EA) to assess a design deficiency associated with the Cumberland River Diversion Channel and Flow-Through Ponding Area in City of Loyall in Harlan County, Kentucky",,,,,,,,,,,,,,,
1823226,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1823226/public-notice-no-19-17-file-no-lrn-2019-00152/,,lrn,Nashville District,Rutherford,,,Public Notice No. 19-17,Public Notice No. 19-17; File No. LRN-2019-00152,,,,,,400,,,,"Proposed Discharge of Fill Material into waters of the United States associated with the proposed construction of the Harvest Residential Development, near Murfreesboro, Rutherford County, Tennessee
Public Notice No. 19-17
Nashville District
Application No. LRN-2019-00152
Date: April 24, 2019;Expires: May 24, 2019
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road, Nashville, Tennessee 37214
SUBJECT: Proposed Discharge of Fill Material into waters of the United States associated with the proposed construction of the Harvest Residential Development, near Murfreesboro, Rutherford County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Murfreesboro 516, LLC.
Attention: Mr. Jesse R. Baker
500 Boylston Street, Suite 200
Boston, Massachusetts 02116
LOCATION: The site for the proposed residential development is approximately 520 acres, located on TN-96 approximately 5.5 miles west of the intersection with I-24 near Murfreesboro, Rutherford County, Tennessee (Latitude 35.842463 °N, -86.519573 °W). The project site can be found on the U.S. Geological Survey (USGS) Rockvale, TN 7.5 Minute quadrangle map.
DESCRIPTION: The proposed work would involve impacts to 400 linear feet of a perennial stream/intermittent stream and the discharge of fill material into 2,180 linear feet of ephemeral streams, approximately 20.07 acres of palustrine emergent wetlands, and 0.67 acre of open water.
Plans of the proposed work and a location map are attached to this notice.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to provide numerous single-family and multi-family residential units near Murfreesboro, Tennessee to accommodate for the significant growth in population and market demand of the Middle Tennessee region. The conceptual plans of the proposed project also include land set aside for the construction of a fire station and an elementary school.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant performed an Alternatives Analysis for the project including review of no action and multiple design alternatives. Offsite alternatives were reviewed but determined that the subject site best meets the criteria for the applicant because of acreage, topography, and proximity to major regional highways. Onsite design alternatives considered effects to streams and wetlands (quantity and quality), and due to the distribution of the aquatic resources, complete avoidance is not practicable. The applicant asserts that the proposed plan results in the least amount of impact to streams and wetlands while allowing for substantial on-site mitigation, making it the least environmentally damaging practicable alternative. During construction activities, erosion prevention and sediment control (EPSC) and best management practices (BMPs) will be utilized to minimize additional impacts to aquatic resources.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for the unavoidable impacts to streams and wetlands through permittee-responsible onsite mitigation. The proposed mitigation includes enhancement of 4,400 linear feet of an intermittent stream, the enhancement of 7.67 acres of wetlands (2:1 ratio), and restoration/creation of approximately 13.01 acres of wetlands (1:1 ratio). The applicant also has proposed to purchase 3.225 wetland credits from a wetland mitigation bank or in-lieu fee program.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: With the application, the applicant’s consultant submitted a cultural resource survey “Cultural Resources Investigation of the Burgess Property Project, Rutherford County, Tennessee”. USACE is providing a copy of the report along with our evaluation regarding identification and effects to historical properties to the Tennessee State Historic Preservation Officer and other consulting parties prior to making a final determination regarding effects to historic properties. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic and cultural resources for Section
106 compliance.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/) identified the following seven federally-listed Threatened (T) and/or
Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat/ Myotis sodalis
Endangered
Mammal
Northern Long-eared bat / Myotis septentrionalis
Threatened
Clam
Littlewing Pearlymussel / Pegias fabula
Endangered
Plants
Braun’s Rock-cress /Arabis perstellata
Endangered
Plants
Guthrie’s (=pyne’s) Ground=plum/ Astragalus bibullatus
Endangered
Plants
Leafy Prairie-clover / Dalea foliosa
Endangered
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a specieslisted (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the activity.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katherine “Katie” Alston at the above address telephone (615) 369-7521 or by email: katherine.c.alston@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Katherine “Katie” Alston at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
1836581,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1836581/public-notice-no-19-18-file-no-lrn-2019-00178/,,lrn,Nashville District,Hamilton,,,Public Notice No. 19-18,Public Notice No. 19-18; File No. LRN-2019-00178,,,,,,2476,,,,"Proposed discharge of fill material into waters of the United States to facilitate the realignment and widening of SR-317 (Apison Pike) from SR-321 (Ooltewah-Ringgold Road) to near Layton Lane, located within the City of Collegedale, in Hamilton County, Tennessee and the Citico Creek compensatory mitigation site located within the City of Chattanooga, in Hamilton County, Tennessee. TDOT Projects # 33070-1229-14(A) and 99109-1651-14. TDOT PINs 112524.0 and 104027.09
Public Notice No. 19-18
Nashville District
Application No. LRN-2019-00178
Date: May 3, 2019;Expires: June 3, 2019
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
501 Adesa Parkway, Suite 250
Lenoir City, Tennessee 37771
SUBJECT: Proposed discharge of fill material into waters of the United States to facilitate the realignment and widening of SR-317 (Apison Pike) from SR-321 (Ooltewah-Ringgold Road) to near Layton Lane, located within the City of Collegedale, in Hamilton County, Tennessee and the Citico Creek compensatory mitigation site located within the City of Chattanooga, in Hamilton County, Tennessee. TDOT Projects # 33070-1229-14(A) and 99109-1651-14. TDOT PINs 112524.0 and 104027.09
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated. The applicant has applied for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street
Suite 900, J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 2.95-mile project begins near the intersection of State Route (SR) 317 with Ooltewah-Ringgold Road, and ends near the intersection of SR-317 with Layton Lane, located within the City of Collegedale. Coordinates of the project beginning and ending are approximately 35.0588°, -85.0645° and 35.0346°, -85.0253°, respectively. Waters of the U.S. proposed for impact include Wolftever Creek, Chesnutt Creek, unnamed tributaries to Wolftever Creek and Chesnutt Creek, unnamed wetlands, and an unnamed pond. The proposed off-site permittee-responsible compensatory mitigation, at Citico Creek, is located in the City of Chattanooga, centered at approximate coordinates 35.05159°, -85.27333°. The road project and the compensatory mitigation site are both located within Hamilton County, Tennessee and within the Middle Tennessee-Chickamauga Watershed (HUC-8: 06020001).
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes to realign and widen SR-317, at the above described location in Hamilton County, Tennessee. The project would be built primarily on new alignment, due to constraints with the existing alignment, which prevents widening. Approximately 0.25 mile from the start of the project, the proposed alignment transitions to a new location. The roadway continues on a new alignment for approximately 1.6
miles, generally north of the existing SR-317, until the proposed alignment transitions back to the existing SR-317 near College Drive East. The new alignment would consist of a five-lane roadway with two 12 feet wide travel lanes in each direction and a 12 feet wide center turn lane. Four feet wide shoulders would be provided on either side of the roadway and will also serve as bike lanes. Two feet of curb and gutter will separate the shoulders/bike lanes from a greenway path. The greenway path will include five feet of concrete sidewalk separated with three feet of sod on one side (adjacent to the curb and gutter), and four feet of sod on the other side of the sidewalk. All of the improvements are expected to occur within approximately 96 feet of right-of-way width. The total proposed length of roadway construction and improvements is 2.95 miles. The estimated time for completing this project is four years.
The project scope includes all associated drainage improvements. In order to facilitate theproject, the discharge of fill material is proposed within one (1) ephemeral stream, nine (9)intermittent or perennial streams, twelve (12) wetlands, and one (1) open water feature (pond/detention basin). A total of 2,476 linear feet of streams (0.544 acre), 0.01 acre of open water feature, and 3.86 acres of wetland would be permanently impacted by the proposed discharge of fill material related to the roadway improvements. An estimated total of up to 2,580 linear feet of streams (0.592 acre) and 0.189 acre of wetland would be temporarilyimpacted by the proposed discharge of fill material related to the relocation of various utilities required as part of the roadway project. A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, the purpose of the proposed project is to improve access to Interstate 75 (I-75) for numerous educational, commercial, and industrial facilities in the project area. Other core transportation objectives of the proposed project are improved safety and improved traffic operational efficiency. The existing roadway is two lanes, one in each direction, which is operating at a Class E Level of Service as defined by the American Association of State Highway and Transportation Officials (AASHTO).
Predictions indicate that by 2037 the Level of Service would decrease to Class F, if the No-Buildoption was selected. To improve the operational functionality of the route, additional lanes are proposed. Along with operational efficiency improvements, the selected alternative would also improve safety, and local and regional accessibility.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The applicant has examined several alternatives to the proposed project. According to the applicant, widening the existing roadway was not an option due to various constraints such as residences, churches, businesses, topography, and railroad right-of-way. Two alternatives were evaluated by TDOT for the proposed project: the No-Build Alternative and the Build Alternative.The No-Build Alternative is not proposed by TDOT, since it does not meet the purpose and need of the project.
To minimize impacts to streams and wetlands, span bridges are proposed at multiple locations, andsteeper roadway side slopes and/or retaining walls are proposed, where practicable; these design features allow for minimized impacts to aquatic resource functions and aquatic species passage.
Additionally, the proposed structures at STR-5, STR-6, and STR-9 are to be embedded two feet deep within the stream channels to facilitate aquatic species passage; these embedded structures are proposed to be back-filled with natural channel materials. Measures to facilitate aquatic species passage are not proposed for the following structures: STR-8, STR-A, STR-4, STR-C, and ephemeral streams; data shows that these stream resources do not currently allow for aquatic species passage because of ephemeral flow, existing nearby obstructions, or because the streams originate within the project footprint. Staging areas for construction of the bridges are located outside of wetland areas. Any riprap channel protection placed within the stream channels at the inlet or outlet of culverts would be placed to mimic the existing contours of the stream. The top of the proposed riprap would be installed at grade with the bottom of the stream channel and voids within the riprap would be filled with creek gravel to prevent stream loss within riprap areas.
To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. Only 50 acres of land disturbance are proposed at a time and all in-water construction activities would be done in the dry and separated from flowing water, to the maximum extent practicable. Standard Best Management Practices are proposed to reduce erosion and sedimentation. High visibility fencing would be installed during construction to ensure that only authorized impacts to waters of the U.S. occur.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 2,215 linear feet of streams, the applicant proposes off-site permittee-responsible compensatory mitigation at Citico Creek, located in the City of Chattanooga, in Hamilton County, Tennessee. The Citico Creek compensatory mitigation site is located in close proximity to the SR-317 roadway improvement project, is centered at approximate coordinates 35.05159°, -85.27333°, and is within the same HUC-8 watershed (06020001). The proposed “Citico Creek Compensatory Mitigation Plan” includes the restoration, re-establishment, and/or enhancement of three streams, which are all tributaries of Citico Creek. The total protected area associated with the mitigation project, including vegetative stream buffers, would total approximately 13.1 acres, and would be protected into perpetuity. Nearby land usage in the mitigation project area is high density residential and
industrial. The project streams have been historically altered by channelization, concrete (bed) and flagstone (banks) hard armoring, and other human caused impacts that have resulted in the streams having limited aquatic resource function, increased bank height ratios, lack of stable bed, lack of aquatic species habitat, and other unnatural characteristics. The mitigation project goals and objectives propose to address the impairments to the project streams, restoring streams to a
more natural and sustainable condition.
The proposed mitigation project would consist of the restoration, enhancement, and riparian buffer vegetation planting of approximately 3,617 linear feet of degraded stream channel. Of the 3,617 linear feet of streams proposed for improvements, the proposal includes 3,353 linear feet of restoration, 51 linear feet of re-establishment, and 213 linear feet of enhancement. The restoration effort would improve aquatic species habitat by installing large logs, natural river rock, log vanes, riffles, pools, woody toe protection, and live brush layering to protect stream banks. Approximately 2.33 acres of on-site wetlands would be perpetually preserved within the protected mitigation site; however, no wetland mitigation credits are being proposed. USACE is currently reviewing the applicant’s permittee-responsible compensatory mitigation plan for the Citico Creek site.
To compensate for unavoidable permanent impacts to 3.86 acres of wetland, the applicant proposes debiting, at a 2:1 ratio, 7.72 acres from available wetland credits at the Sequatchie Valley Wetland Mitigation Bank, located in Marion County, Tennessee. The proposed wetland impacts are within the primary service area of the Sequatchie Valley Wetland Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for complying with Section 106 of the NHPA. Previous archaeological studies were completed for this project, including two Phase I Surveys and Phase II testing, in 2010 and 2012, respectively. Two archaeological sites were identified, but were recommended ineligible for listing in the National Register of Historic Places (NRHP). TDOT
submitted the findings of these reports to the State Historic Preservation Office (SHPO) on February 7, 2012, indicating that no NRHP listed or eligible archaeological properties would be affected by the project. The SHPO concurred with TDOT's findings on February 15, 2012.
Due to design modifications related to the Wolftever Creek Greenway, an additional Phase I surveywas conducted in August 2015. Three previously unidentified sites were discovered, but were consequently recommended ineligible for the NRHP. The SHPO concurred with TDOT's determination on December 29, 2016, indicating “we find that no archaeological resources eligible for listing in the National Register of Historic Places will be affected by this undertaking.” A historic architecture assessment was conducted by TDOT for this project in 2006. TDOT historians performed a SHPO record search to determine if any previous architectural surveys had identified any historic properties in the area. State Historic Preservation Maps did not indicate that any previously surveyed properties eligible for listing on the NRHP were within the project's Area of Potential Effect (APE). TDOT surveyed the APE for possible NRHP-eligible properties and identified
five properties which had not been surveyed previously. The properties were recommended ineligiblefor listing in the NRHP. The SHPO concurred with this finding on August 29, 2006, indicating “we find that the area of potential effect contains no architectural resources eligible for listing in the National Register of Historic Places affected by this undertaking.”
USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If USACE/TDOT determines that consultation is required, USACE/TDOT would consult with the Tennessee Historic Commission (SHPO) and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for conducting environmental review under Section 7 of the ESA. TDOT completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on January 22, 2015 and February 11, 2019. Additionally, the applicant conducted ESA field reviews in December 2014. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. Listed species
potentially located within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Flowering Plants
Large-flowered skullcap (Scutellaria montana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
There is no critical habitat designated within the project area.
The above described ESA documentation was provided to the USFWS for consultation. In order to determine the presence of bats, a mist netting survey was performed between July 14 and July 18, 2018, at five sites along the project corridor. Efforts resulted in the capture of five bats, including two federally endangered gray bats (Myotis grisescens). The survey information was provided to the U.S. Fish and Wildlife Service (USFWS) on August 14, 2018. On August 31 2018, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long-eared bat based on the negative survey results. The USFWS additionally concurred with TDOT’s finding of “not likely to adversely affect” for the gray bat based on surrounding land use and the absence of caves within the project area, and TDOT’s commitment to implementation of water quality measures. The USFWS also wrote “based on the best information available at this time, we believe that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.”
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination.Any response to this notice should be directed to John Price, Nashville District Corps of Engineers, Regulatory Division, at the above address, at 865-986-7296, or via email: john.c.price@usace.army.mil.
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",06020001,,,,,John C Price,john.c.price@usace.army.mil,,,,,,,,
1838071,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1838071/public-notice-no-19-14-file-no-lrn-2012-00124/,,lrn,Nashville District,Cheatham,,,Public Notice No. 19-14,Public Notice No. 19-14 ; File No. LRN-2012-00124,,,,,,986,,,,"Proposed discharge of fill material into streams and wetlands associated with conveyance of approximately 9.19 acres of U.S. Army Corps of Engineers (USACE) Cheatham Lock and Dam Project lands for construction of a flood control levee to protect A.O. Smith Facility, in Ashland City, Cheatham County, Tennessee (Adjacent to Cumberland River Mile 185.4)
Public Notice No. 19-14
Nashville District
Application No. LRN-2012-00124
Date: May 7, 2019; Expires: June 6, 2019
Please address all comments to: Nashville District Corps of Engineers
Regulatory Division (Attn: Amy Robinson), 3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed discharge of fill material into streams and wetlands associated with conveyance of approximately 9.19 acres of U.S. Army Corps of Engineers (USACE) Cheatham Lock and Dam Project lands for construction of a flood control levee to protect A.O. Smith Facility, in Ashland City, Cheatham County, Tennessee (Adjacent to Cumberland River Mile 185.4)
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In addition, a joint National Environmental Policy Act (NEPA) document will be prepared for the DA Permit and USACE real estate conveyance action for tracts E-514-1, E- 514-2, E-518-1, E-518-2, E-519-1, E-537-1 and E-538.
APPLICANT: A. O. Smith Corporation
500 Tennessee Waltz Parkway
Ashland City, Tennessee 37015
LOCATION: Tributaries and wetlands adjacent to Cumberland River Mile 185.4, right descending bank, Cheatham Lake, By Pass Road and Tennessee Waltz Parkway, in Ashland City, Cheatham County, TN (Latitude 36.266621°, Longitude - 87.067433°)
DESCRIPTION OF PROPOSED WORK: The applicant proposes to construct a 500-year flood protection levee around the north, west, and south sides of its facility in Ashland City, TN. The levee would be constructed partially on property they own and partially on government lands. The soil used as fill for the earthen levee would be obtained partially from property they own and partially from City land. The levee would fill approximately 3.67 acres of wetlands (consisting of 0.91-acre of
forested wetland and 2.76-acres of emergent wetlands) and impact 986 linear feet of stream channel.Of the impacted streams, 270.5 linear feet would be encapsulated, 24 feet would be relocated, and 692 feet would be excavated (within the borrow area of soil for the levee) as shown in table below:
Impact Table
Streams
Wetlands
ID
Impact
Impact Type
ID
Impact
Acres
Impact Type
Feet
Acres
STR-3
130
0.01
Encapsulation
WTL-1
0.41
Permanent Fill
STR -4
138
0.02
Encapsulation
WTL-2
0.08
Permanent Fill
STR -8
24
0.002
Relocation
WTL-3
0.01
Permanent Fill
STR -9
2.5
0.00005
Encapsulation
WTL-9
1.35
Permanent Fill
STR-10
137
0.03
Excavation
WTL-11
1.78
Permanent Fill
P STR-11
228
0.05
Excavation
WTL-12
0.04
Permanent Fill
I STR-11
327
0.08
Excavation
Totals
986.5
0.19
3.67
The dimensions of the earthen segments of levee would range from 75 feet to 150 feet wide and 13 feet to 27 feet tall. Portions of the levee will consist of 8 foot to 25-foot high concrete floodwalls up to 30 inches thick. Streams flowing from east to west from under t he A O Smith facilit y would follow their existing course through gates in the floodwall and culverts in t h e levee during normal flow conditions. When the Cumberland River reaches flood stage these gates would be closed and stream and storm flow will be pumped over the levee. On the south side, the levee would tie into existing grade above the 500-year flood level at Tennessee Waltz Parkway west of the railroad. On the north side, the wall would cross the railroad tracks and tie into natural grade to the east.
The levee would also surround and protect a Cumberland Electric Membership Cooperative substation located to the south of the plant and the Ashland City Waste Water Treatment Plant (WWTP) to the north. Concrete walls were selected for the section between the WWTP and Puzzlefool Creek on the north side and at the Stream 9 crossing on the west side to minimizestream impacts.
Construction of the levee would require the permanent filling of 3.67 acres of wetland located within the proposed levee footprint. Additional temporary wetland impacts totaling up to 2.68 acres may occur during construction but these areas would be restored to their original contours immediately after construction. Streams 3 and 4 currently flow through culverts under the A.O. Smith facility and streams 8 and 9 begin at the western toe of Tennessee Waltz Parkway on the west
side of the facility. These streams would be crossed by the levee. Streams 3 and 4 would pass through gated culverts in the earthen portion of the levee. A new channel (Stream 8) would be constructed relocating flow to Stream 9 upstream of the concrete levee wall and then the combined Stream 8/9 base flow would likewise pass through a gate in the concrete floodwall. Approximately 692 feet of streams (Streams 10 and 11) would be excavated along their length crossing a borrow area for the earthen levee. The entire borrow area excavation would be remain and would be converted to a public access fishing pond owned by the City after borrow is complete.
Plans and location maps of the proposed project are provided in this notice.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: A.O. Smith is the largest employer in Cheatham County. The purpose of the levee is to protect the A.O. Smith Plant from future flood events. Since its construction, the Ashland City A.O. Smith Plant has experienced multiple flood events. In 2010, the 500-year flood elevation of 407 was exceeded at the site. Plant production was significantly impacted andtotal cost of lost production and repairs from the 2010 flood event was in excess of 66 million dollars. Flooding of the plant parking lot during a flood event in February of 2016 resulted in damage to employee vehicles. Additional investment in the Plant is unlikely without the levee. Work to complete the levee is expected to take approximately 1.5 years.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Several alternatives have been considered to achieve the desired flood control purpose, but were eliminated from further consideration due to inadequate protection or greater environmental impacts. According to the application, every effort has been made to minimize impacts to streams and wetlands and the currently proposed alternative represents the best possible approach to protect the A.O. Smith Plant and allow for future investment and growth of the facility. In addition, the applicant states every effort has been made to keep the construction footprint as small as possible. The project was designed to maintain channel lengths and employ natural channel design techniques for the channel relocation (i.e., Stream 8 tying to Stream 9).
The combined flows will pass through the levee at a single gate and rejoin the existing stream channel downstream. Other minimization measures include reducing the levee footprint at crossing points by installation of an open channel through the levee rather than encapsulation (originally proposed as 270 linear feet). Other measures would be employed including installation of erosion control measures, revegetation and stabilization of disturbed areas, and other best management
practices as necessary. Unavoidable temporary wetland impacts would be held to the absolute minimum necessary and restored in as timely as manner as possible to minimize temporal impacts. Stream crossings would be constructed in the dry and work would be timed during dry weather periods to the extent possible.
COMPENSATORY MITIGATION: The applicant proposes compensatory mitigation for the proposed 3.67-acres of wetland impacts. The mitigation plan includes creation of 14.44 acres of new wetlands onsite, on applicant owned property (4:1 ratio to compensate for 3.67 acres of filled wetlands). The applicant proposes to excavate higher areas of the Cumberland River floodplain adjacent to existing wetlands to a similar bottom elevation. This proposal would link the existing
wetland areas into a larger wetland system resulting in the enhancement of habitat of onsite existing wetlands. An additional 1.68 acres of wetland preservation is proposed (10:1 ratio for 0.17 acre of impacted wetland) and 4.42 acres of upland buffer preservation. According to the applicant, the proposed mitigation plan would generate compensation equivalent to the loss of 4.07 acres of wetlands at the site, create a larger, connected wetland system within the floodplain
area, and increase existing wetland functions.
The applicant proposed mitigation for the stream impacts by onsite, permittee-responsible measures.Streams 3 and 4 (proposed encapsulation) and Streams 10 and 11 (proposed borrow excavation impact) are characterized as Cumberland River backwater/open water slough (lentic) areas. The total area of lentic habitat to be impacted is 0.11 acre (total of 960 linear feet). For these impacts, the applicant proposes onsite, in-kind lentic mitigation by the creation of a 7.81- acre (fishing) lake with fringe wetlands (approximate ratio of 41:1). It would be constructed at the site of the soil borrow area post-excavation with 3:1 sloping banks and a variety of depths, substrates, and habitats for fish, reptiles, amphibians, and benthic macroinvertebrates.
For stream mitigation of impacts to Streams 8 and 9, total of 26.5 linear feet, the applicant proposes to relocate 24 linear feet of STR-8, remove two existing bridges and provide restoration activities including bank stabilization on approximately 100 linear feet of Stream 7 (Puzzelfool Creek).
The proposed permittee-responsible mitigation plan for this project is on file in the Regulatory Division office.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/or an Environmental Impact Statement pursuant to the National Environmental policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: The applicant conducted archaeological surveys of the proposed flood control levee and associated work in 2016 and 2017. These surveys were submitted for Corps review with the application package. Identified sites would be avoided by the levee alignment. No archaeological sites listed on or eligible for the National Register of Historic Places would be impacted by the proposed project. Assessment of indirect effects on historic buildings and structures is forthcoming.
A copy of this notice is being sent to Tennessee Historical Commission, the State Historic Preservation Office (SHPO), and Federally recognized tribes for their comments and consultation under Section 106 of the National Historic Preservation Act. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic
properties and cultural significance at or near the project area, and the public. Under separate cover, the Corps will provide copies of the reports to the SHPO and Tribes in association with Section 106 consultation.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered (T&E) or any designated critical habitat. The applicant submitted results of a mist net survey and a habitat assessment report conducted in October 2016. According to the report, habitat for the endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis) are present at the site. The affected permit area contains approximately 17 acres of secondary growth forest, which could be considered potential summer habitat for the Indiana bat due the size, and characteristics of the trees. The land to the west of the project area is riparian, secondary growth forest, and contains bottomland habitat that is ideal for the Indiana bat. This area
contains flyways for bats, protected foraging areas, multiple roost locations, and access to drinkable water. While potential bat habitat was identified across the permit area; the report concludes that the location with the best habitat is well outside the location proposed for the levee. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work.
This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended) and Fish and Wildlife Coordination Act. Per this notification, we request comments from the USFWS concerning potential impacts to T&E species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. The project requires Corps Real Estate Division approval for work on U.S. Government land. Therefore, prior to construction, the Corps Real Estate Division must approval for the project to impact lands and waters upon which the government has real estate interests.
3. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by June 6, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference Corps Application No. LRN-2012-00124, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above address or email: amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
1838810,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1838810/special-public-notice/,,lrn,Nashville District,,,,Joint Outreach Event on compensatory mitigation will be hosted by the United States Army Corps of Engineers,Special Public Notice,,,,,,,,,,"Joint Outreach Event on compensatory mitigation will be hosted by the United States Army Corps of Engineers, Regulatory Division, and the State of Tennessee Department of Environment and Conservation, Division of Water Resources.
Compensatory mitigation is used to offset environmental losses resulting from unavoidable impacts to waters of the United States and waters of the State authorized by Department of the Army permits and TN Department of Environment and Conservation, Division of Water Resources permits.
JOINT OUTREACH EVENT
Date: Thursday, May 23, 2019
Time: 9:00am – 4:00 (CDT)
Location: Fleming Training Center
2022 Blanton Drive
Murfreesboro, TN 37129
Information: Compensatory mitigation is used to offset environmental losses resulting from unavoidable impacts to waters of the United States and waters of the State authorized by Department of the Army permits and TN Department of Environment and Conservation, Division of Water Resources permits, respectfully.
Compensatory Mitigation for impacts to aquatic resources should be developed in a scientifically defensible manner approved by the applicable regulatory agencies, which demonstrates sufficient increase in resource values and function to compensate for permitted impacts. Historically, the Division employed a ratio driven credit and debit system to determine resource value loss and lift. In an effort to provide consistent and efficient review that is scientifically defensible and compliant with Tennessee’s ARAP Rules’ mandatory requirements for mitigation, the Division has updated the Stream Mitigation Guidelines for the State of Tennessee. These Stream Mitigation Guidelines have also been developed to better align with the 2008 Federal Compensatory Mitigation Rule. TDEC has worked closely with our federal counterparts to improve consistency, transparency and efficiency of compensatory mitigation development in Tennessee.
To inform and provide clear expectations to the public, permittees, mitigation practitioners, and other stakeholders, TDEC will be hosting a joint outreach event with the US Army Corps of Engineers, Memphis and Nashville Districts. This event will cover TDEC and Corps regulatory authority and guidance as it relates to compensatory mitigation requirements (including the 2019 Stream Mitigation Guidelines for the State of Tennessee and recent TDEC ARAP Rule Revisions), and other related topics such as the 2020 ARAP General Permit Revisions. The Corps will present information related to updates on USACE Jurisdiction and the Clean Water Act, permitting, banking and site protection templates, Regulatory Guidance Letters and credit factors as it relates to proximity and temporal loss.
From 9:00 – 12:00 the regulatory agencies will present on the above topics and answer questions. After lunch at 1:00 pm there will be an additional workshop demonstration opportunity covering impact project proposal examples, and evaluating them using the new Stream Mitigation Guidelines and Debit Tool.
If you plan on attending either the morning outreach event or afternoon workshop please register online.
Division of Water Resources • Natural Resources Unit •312 Rosa L. Parks Ave.,
William R. Snodgrass- TN Tower, Nashville, TN 37243
Contact: Meghan Ploch 423-634-2482/Meghan.Ploch@tn.gov•",,,,,,,,,,,,,,,
1843210,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1843210/public-notice-no-19-16-file-no-lrn-lrn-2018-00065/,,lrn,Nashville District,Wilson,-86.4665,36.1802,Public Notice No. 19-16,Public Notice No. 19-16 ; File No. LRN-LRN-2018-00065,,,,,,278,,,,"Proposed discharge of fill material into three streams and one wetland to construct a new warehouse in Mt. Juliet, Wilson County, Tennessee.
Public Notice No. 19-16
Nashville District
Application No. LRN-2018-00065
Date: 9 May 2019; Expires: 8 June 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch
3701 Bell Road
Nashville, TN 37214
Attn: Deborah Tuck
SUBJECT: Proposed discharge of fill material into three streams and one wetland to construct a new warehouse in Mt. Juliet, Wilson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Panattoni Development Company
Hayne Hamilton,Senior Development Manager
35 Music Square East, Suite 301
Nashville, Tennessee 37203
LOCATION: The project is located within the Beckwith Farms Industrial Park, just off Volunteer Boulevard in Mt. Juliet, Wilson County, Tennessee. The streams and wetland are aquatic resources of Rutland Branch, a tributary of Cedar Creek of the Cumberland River Mile 233.2, Left Bank, Old Hickory Lake; USGS Quadrangle: Martha, Tennessee, Latitude: 36.1802 Longitude -86.4665
DESCRIPTION: The applicant proposes to discharge fill material into 0.02 acre of a palustrine emergent wetland, 278 linear feet of two ephemeral streams, and relocate 1,140 linear feet of an intermittent stream to construct a warehouse distribution facility within the existing Beckwith Farms Industrial Park. The project is located on a 16-acre parcel of land and the work would consist of the construction of a 2.2-acre warehouse, parking lots, loading dock bays, off-dock trailer parking spaces, two entrance roads, utilities and stormwater management structures. The proposed discharge of fill material would impact the two ephemeral streams and the one wetland in their entirety. The intermittent stream would be relocated around the front property boundary for 1,341 linear feet to re-connect to Rutland Branch.
Plans of the proposed work and a location map are attached to this notice.
If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: The applicant proposes to provide additional industrial facilities within Beckwith Farms Industrial Park in Mt. Juliet. The applicant indicates the city’s location and population have proven prime for commercial and industrial development, in one of Tennessee’s fastest growing communities, near to Nashville and surrounding areas. The proposed business park is located on one of the few remaining vacant, undeveloped tracts of land within the business park,
and will provide additional employment and business opportunities to the rapidly-developing area.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the existing aquatic resources lie
within the central part of the 16-acre parcel. The applicant has designed the proposal to minimize impacts to aquatic resources to the extent practicable.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The project is located within Hydrologic Unit Code (HUC)-8 (05130201), the Lower Cumberland-Old Hickory Lake. The applicant indicates there are no stream mitigation banks or in-lieu-fee programs with available stream credits to mitigate for the ephemeral and intermittent stream impacts. Therefore, the applicant is proposing mitigation for all stream impacts through onsite permittee responsible mitigation using natural channel design methods. The existing intermittent stream has lost connectivity to Rutland Branch.
Therefore, the applicant proposes to relocate the existing 1,140 linear feet of intermittent stream, incorporate the 278 total linear foot loss of two ephemeral streams, and restore connectivity to Rutland Branch. Streams were assessed utilizing the Tennessee Stream Quantification Tool. The permittee responsible mitigation would provide a linear gain of approximately 201 linear feet of the stream (at 1,341). The proposed restoration would provide ecological lift to the overall stream system through an increase of bed-form diversity, increase of the number and diversity of trees and shrubs within the riparian zone, and improve habitat for macro-invertebrates over existing conditions.
All work would be performed during the dry season; and where needed, the applicant would utilize temporary flow diversions in-stream to keep the work in the dry. A comprehensive mitigation plan has been submitted. Due to the very small acreage and low quality of the wetland, no wetland mitigation is proposed.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The applicant’s consultant completed a Phase I Archaeological Survey and Historic Resources Reconnaissance of the 16-acre project area on August 21, 2018 to document any properties listed, or eligible for listing, on the National Register of Historic Places (NRHP). None were identified within the project area. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The USACE will initiate consultation with the SHPO, Native American Tribes, and other parties in accordance with Section 106 of the National Historic Preservation Act, if required.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of the USFWS website, http://ecos.fws.gov/ipac, identified the following federally-listed species that are known or believed to occur in the vicinity of the
proposed action:
Scientific Name
Common Name
Federal Status
Dalea foliosa
Leafy prairie-clover
Endangered
Arabis perstellata
Braun's rock-cress
Endangered
Lesquerella perforata
Spring Creek Bladderpod
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before 6 June 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Deborah Tuck, at the above address, telephone
615-369-7511.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",05130201,,,,,,,,,,,,,,
1847127,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1847127/public-notice-no-19-19-file-no-lrn-2018-00784/,,lrn,Nashville District,Cheatham,,,Public Notice No. 19-19,Public Notice No. 19-19; File No. LRN-2018-00784,,,,,,45,,,,"Proposed discharge of fill material into streams and wetlands associated with construction of a new multimodal transportation terminal with barge unloading/loading facilities, in Ashland City, Cheatham County, Tennessee
Public Notice No. 19-19
Nashville District
Application No. LRN-2018-00784
Date: May 14, 2019;Expires: June 13, 2019
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, Tennessee 37214
SUBJECT: Proposed discharge of fill material into streams and wetlands associated with construction of a new multimodal transportation terminal with barge unloading/loading facilities, in Ashland City, Cheatham County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. In addition, a joint National Environmental Policy Act (NEPA) document will be prepared for the DA Permit and USACE real estate conveyance action for approximately 3.21 acres of tract G-701.
APPLICANT: Parker Towing Company
Attention: Mr. Terah Huckabee
P.O. Box 30908
Tuscaloosa, Alabama 35402
LOCATION: Cumberland River Mile 164, Right Bank, Cheatham Lake, Ashland City, Cheatham County, Tennessee (Latitude 36.217893 °N, 87.002068 °W). The project site can be found on the U.S. Geological Survey (USGS) Lillamay, TN 7.5 Minute Quadrangle map.
DESCRIPTION: The proposed work would involve the following:
• Fill of 3.78 acres of wetlands for land grading and construction of large warehouse, storage/laydown yard, and rail spur;
• Encapsulation of 45 linear feet of intermittent stream for access road crossing
• Construction of cell sheet pile dock;
• Dredging of approximately 17,500 cubic yards of sediment from Cheatham Lake to create minimum 12’ depth for fleeting and unloading/loading activities;
• Installation of six 24-inch concrete dolphin moorings to support fleeting of up to 7 barges.
Plans of the proposed work and a location map are attached to this notice.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to develop amultimodal transportation terminal along the Cumberland River adjacent to Arcosa Marine Products (Arcosa). The multimodal terminal will supply the expansion of Arcosa. Material will be transported via barge, truck, or rail to support the Arcosa construction facility, as well as other industries in the region. Maritime is the most cost-effective transportation mode for Arcosa to receive steel.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Basedon information submitted in the project application, the proposed plan will avoid 2.89 acres of wetlands, 1,031 linear feet of intermittent stream, and 54 linear feet of ephemeral stream. Also, the applicant has proposed to minimize the impacts of the railroad crossing by utilizing a span bridge. The applicant’s alternatives analysis included no action and onsite design alternatives. Offsite alternatives were considered, but the applicant determined the preferred site to be the most practicable to meet the need of a multimodal terminal with road access because of its
adjacency to the existing Arcosa facility, the Cumberland river, the railroad, and existing utilities.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for the unavoidable impacts to streams and wetlands through the purchase of mitigation credits or permittee responsible mitigation, on-site or off-site.
ENVIRONMENTAL DOCUMENTATION: Pursuant to National Environmental Policy Act (NEPA), the USACE Project Planning Branch will provide supplemental information to address potential environmental consequences of the proposed project on USACE real estate conveyance action for tract G-701.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. A joint EA will be prepared between this office and USACE Project Planning prior to a final decision concerning issuance or denial of the requested DA Permit and approval or denial of a real estate conveyance action for tract G-701.
HISTORIC AND CULTURAL RESOURCES: With the application, the applicant’s consultant submitted a cultural resource survey “Phase I Archaeological Survey for a Proposed Barge Terminal, Cheatham County, Tennessee”. USACE will provide a copy of the report along with our evaluation regarding identification and effects to historical properties to the Tennessee State Historic Preservation Officer and other consulting parties prior to making a final determination regarding effects to
historic properties.
This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
USACE would consider any substantive comments to determine the potential of impacts of the project to historic and cultural resources for Section 106 compliance.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies toconsult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designatedcritical habitat. A review of USFWS’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/) identified the following eight federally-listed Threatened (T) and/or
Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat/ Myotis sodalis
Endangered
Mammal
Northern Long-eared bat / Myotis septentrionalis
Threatened
Clam
Cumberlandian Combshell / Epioblasma brevidens
Endangered
Clam
Orangefoot Pimpleback / Plethobasus cooperianus
Endangered
Clam
Pink Mucket / Lampsilis abrupta
Endangered
Clam
Ring Pink / Obovaria retusa
Endangered
Plants
Short’s Bladderpod/ Physaria globosa
Endangered
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish andWildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. The project requires USACE Real Estate Division approval for work on U.S. Government land. Therefore, prior to construction, the USACE Real Estate Division must approve for the project to impact lands and waters upon which the government has real estate interests.
3. Other federal, state, and/or local approvals that may be required for the activity.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katherine “Katie” Alston at the above address telephone (615) 369-7521 or by email: katherine.c.alston@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Katherine “Katie” Alston at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
1848943,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1848943/public-notice-no-19-20-file-no-lrn-2016-01232/,,lrn,Nashville District,Benton,-88.114786,36.223125,Public Notice No. 19-20,Public Notice No. 19-20; File No. LRN-2016-01232,,,,,,12672,,,,"Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Big Sandy River Mile 15.5 to 17.9, Left Bank, in Benton County, Tennessee.
Public Notice No. 19-20
Nashville District
Application No. LRN-2016-01232
Date: May 15, 2019;Expires: June 14, 2019
Please address all comments to:
Nashville District Corps of Engineers
Western Regulatory Field Office
2424 Danville Road SW, Suite N
Decatur, AL 35603
Attn: Adam McHann
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Big Sandy River Mile 15.5 to 17.9, Left Bank, in Benton County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401 (a) (1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Valley Authority (TVA)
106 Tri Cities Business Park Drive
Gray, Tennessee 37615
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Kentucky Lake at the Big Sandy Dewatering Unit at Big Sandy River mile 15.5 left bank, Benton County, Tennessee. The project site may be found on the Manleyville, TN 7.5 Minute USGS Quadrangle Map (Latitude 36.223125⁰ Longitude -88.114786°).
DESCRIPTION: The Big Sandy Dewatering Unit consists of four miles of levees constructed in 1942-1946 for malaria control and row crop land preservation. The new objective of the levees is to provide recreational hunting, fishing, and wildlife habitat. The proposed work consists of the sloping of the face of the levee to 1:3, and armoring it with rip-rap. Approximately 8,000 cubic yards of riprap will be placed along 12,672 linear feet of levee along the left bank of Big Sandy River from mile 15.5 to 17.9. The riprap will extend from the average winter pool at elevation 355’ above Mean Sea Level (MSL) to 361’ MSL. The bank above this elevation will be sown with a mixture of warm-season grass to the shoulder of the existing levee road. All riprap will be placed within 5 days of ground disturbance for shaping of the levee.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: TVA has proposed separate construction methods as alternatives to minimize disturbance to the aquatic resource. These alternatives both consist of riprap with the least damaging including sowing warm weather seed and the other including riprap up to the shoulder of the existing levee road, 362.5 MSL. Riprap will be delivered from a barge in all scenarios to minimize ground disturbance to the area.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) did not identify any historic properties within five miles of the project site. Due to the previous disturbances associated with the levee systems and a review of the land acquisition and historic sites viewer TVA has determined the activities would have no effect to historic properties. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have
knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic and cultural resources for Section 106 compliance.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): TVA’s review of their own Natural Heritage database resulted with record with one federally listed species within three miles of the footprints of the proposed actions. A field review in August 2018 indicate4d there is no suitable summer roosting habitat for the listed bat species and has proposed a no effect determination. The USACE has completed a review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website
(http://ecos.fws.gov/ipac/) indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be
required for the proposed work is as follows:
• Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
• Other federal, state, and/or local approvals that may be required for the activity.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: Adam McHann at the above address, telephone (256) 350-5620, or email at adam.w.mchann@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Adam McHann at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Regulatory Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Adam W Mchann,adam.w.mchann@usace.army.mil,,,,,,,,
1850239,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1850239/draft-environmental-assessment-for-proposed-construction-of-a-barge-loading-fac/,,lrn,Nashville District,Montgomery,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for Proposed Construction of a Barge Loading Facility, Lake Barkley, Montgomery County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to evaluate environmental effects associated with construction of a barge loading and unloading facility at Lock C, Montgomery County, TN.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to evaluate environmental effects associated with construction of a barge loading and unloading facility at Lock C, Montgomery County, TN.",,,,,,,,,,,,,,,
1861405,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1861405/public-notice-no-19-15-file-no-lrn-2018-00857/,,lrn,Nashville District,Robertson,-86.6718,36.4689,Public Notice No. 19-15,Public Notice No. 19-15; File No. LRN-2018-00857,,,,,,359,,,,"Proposed discharge of fill material into 359 linear feet of an Unnamed Tributary of Frey Branch and 0.65 acre wetland adjacent to an Unnamed Tributary of Frey Branch associated with the construction of a proposed commercial retail development and supporting infrastructure in White House, Robertson County, Tennessee
Public Notice No. 19-15
Nashville District
Application No. LRN-2018-00857
Date: May 30, 2019;Expires: June 29, 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch
3701 Bell Road
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge of fill material into 359 linear feet of an Unnamed Tributary of Frey Branch and 0.65 acre wetland adjacent to an Unnamed Tributary of Frey Branch associated with the construction of a proposed commercial retail development and supporting infrastructure in White House, Robertson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: RFM Development
C/O Mr. Russ Morris
104 Woodmont Boulevard
Nashville, Tennessee 37205
LOCATION: Unnamed Tributary of Frey Branch and Wetland adjacent to an Unnamed Tributary of Frey Branch, Robertson County, Tennessee
USGS Quadrangle: White House, TN. Latitude: 36.4689, Longitude:-86.6718
DESCRIPTION: The applicant has proposed to discharge fill material into 359 linear feet (0.02 acre) of an Unnamed Tributary of Frey Branch and 0.65 acrewetland adjacent to an Unnamed Tributary of Frey Branch in order to facilitate the construction of a proposed commercial retail development and supporting infrastructure (e.g., parking lots, access drives, utilities, storm water management facilities). The proposed commercial development is located on approximately 3.46 acres of land and consists of three commercial buildings.
The first would be a 9,100 square foot building, the second would be a 6,816 square foot building and the third would be a 3,600 square foot building. All three buildings along with the supporting infrastructure would occupy 2.79 acres. The regulated activity consists of the discharge of fill material into 0.67 acre of waters of the United States (0.65 acre of wetlands and 0.02 acre of stream).
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the proposed project is to construct a commercial retail development at this location along State Route 76 to meet the existing and future demands of an expanding community.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant proposes compensatory stream and wetland mitigation by the purchase of mitigation credits from stream and wetland mitigation banks.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historicproperties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40
CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Anycomments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas. This public notice erves to initiate the public involvement requirements of Section 106 of the National Historic reservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Robertson County, Tennessee.
Common Name
Scientific Name
Yellow blossom (pearlymussel)
(Epioblasma florentina florentina)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Ring pink (mussel)
(Obovaria retusa)
Tan riffleshell
(Epioblasma florentina walkeri (=E. walkeri)
Cumberland comshell
(Epioblasma brevidens)
Slabside pearlymussel
(Pleuronaia dolabelloides)
Orangefoot pimpleback
(Plethobasus cooperianus)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before June 29, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
1868526,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1868526/public-notice-no-19-22-file-no-lrn-2018-00948/,,lrn,Nashville District,,,,Public Notice No. 19-22,Public Notice No. 19-22; File No. LRN-2018-00948,,,,,,17359,,,,"This notice announces a prospectus has been submitted for the development of the Setters Ridge Stream Mitigation Bank (SRSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 19-22
Nashville District
Application No. LRN-2018-00948
Date: June 6, 2019;Expires: July 6, 2019
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Setters Ridge Stream Mitigation Bank (SRSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: RES, LLC
1033 Demonbreun Street, Suite 300
Nashville, Tennessee 37203
LOCATION: The proposed stream mitigation bank encompasses 59.2 acres across three adjoining tracts located near Allisona, Williamson Co., Tennessee (Latitude N 35.783402, Longitude W - 86.70455). The proposed mitigation project would restore approximately 3.29 miles (± 17,359 linear feet) of ephemeral, intermittent and perennial stream channels in Overall Creek, North Fork Flat Creek, and West Fork Spring Creek watersheds, which are tributaries of the Harpeth River, which ultimately drains into the Cumberland River.
PURPOSE: The SRSMB would provide compensatory stream mitigation for permitted impacts within the proposed geographic service area of the Harpeth (05130204), Lower Cumberland- Sycamore (05130202), and Stones (05130203) HUC 8 watersheds.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: This project aims to improve overall ecological function and stability of the headwaters of Overall Creek, North Flat Creek, and West Fork Spring Creek and provide ecological and water quality benefits within the primary service areas of the Harpeth River (HUC 05130204) and Upper Duck River
(HUC 06040002) as well as the secondary service areas of Stones River (HUC 05130203), the Lower Cumberland/Sycamore River (HUC 05130202), the Lower Duck River (HUC 06040003), and the Stones watersheds within the State of Tennessee.
The bank will consist of the restoration of perennial, intermittent, and ephemeral stream reaches via livestock exclusion, vegetated riparian buffer establishment, and re-establishment of natural channel geomorphology. Re-establishment of natural channel geomorphology will be accomplished along approximately 4,558 linear feet of perennial stream, 12,381 linear feet of intermittent stream, and 420 feet of ephemeral stream along the unnamed tributaries to Overall Creek, North Fork Flat Creek, and West Fork Spring Creek using natural channel design methodology to provide a functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physicochemical, and biological characteristics. In addition, livestock will be excluded from all the mitigated streams on the site, and a vegetated riparian buffer will be established along the perennial and intermittent streams and along an additional 541 feet of intermittent stream and 3,762 feet of
ephemeral stream. Approximately 21,662 linear feet of unnamed tributaries to Overall Creek, North Fork Flat Creek, and West Fork Spring Creek will be restored, and approximately 59.2 acres of vegetated riparian buffer will be established and placed in a conservation easement.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: A review of the Tennessee Historical Commission Web Service Database and the National Register of Historical Places web database indicated no listings as occurring on the project site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
Freshwater Mussels
Cumberland Combshell (Epioblasma brevidens)
Endangered
Oyster Mussel (Epioblasma capsaeformis)
Endangered
Tan Riffleshell (Epioblasma floretina walkeri)
Endangered
Tubercled Blossom (Epioblasma torulosa torulosa)
Endangered
Orangefoot Pimpleback (Plethobasus cooperianus)
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Fluted Kidneyshell (Ptychobranchus subtentum)
Endangered
Pale Lilliput (Toxolasma cylindrellus)
Endangered
Cumberland bean (Villosa trabalis)
Endangered
Plants
Price’s Potato-Bean (Apios priceana)
Threatened
Leafy Prarie Clover (Dalia foliosa)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by July 6, 2019 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130202, 05130203, 05130204, 06040002, 06040003",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
1868906,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1868906/draft-environmental-assessment-for-a-proposed-update-of-the-dale-hollow-lake-ma/,,lrn,Nashville District,Fentress,,,DRAFT Environmental Assessment for a Proposed Update of the Dale Hollow Lake Master Plan,"DRAFT Environmental Assessment for a Proposed Update of the Dale Hollow Lake Master Plan; Clay, Pickett, Overton, and Fentress Counties, Tennessee and Cumberland and Clinton Counties, Kentucky",,,,,,,,,,"The U. S. Army Corps of Engineers Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Dale Hollow Lake Master Plan.
The U. S. Army Corps of EngineersNashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Dale Hollow Lake Master Plan. Dale Hollow Lake was authorized for flood control, hydropower, recreation, water quality and fish/ wildlife management. The Dale Hollow Dam structure is located near the community of Celina, Tennessee and Dale Hollow Lake extends approximately 61 river miles upstream into the East Fork of the Obey River in Fentress County, Tennessee.",,,,,,,,,,,,,,,
1872583,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1872583/draft-integrated-detailed-project-report-and-environmental-assessment-and-unsig/,,lrn,Nashville District,,,,This detailed project report,"DRAFT Integrated Detailed Project Report and Environmental Assessment and unsigned Finding of No Significant Impact for Harpeth River, Franklin, TN Flood Risk Management Study; Section 205 under the Continuing Authorities Program",,,,,,,,,,"This detailed project report, which includes a draft environmental assessment, has been prepared by the United States Army Corps of Engineers Nashville District to identify the most effective alternative while minimizing environmental, economic, and social impacts for the proposed flood risk management project located on the Harpeth River and its tributaries in the City of Franklin, Tennessee.
This detailed project report, which includes a draft environmental assessment, has been prepared by the United States Army Corps of Engineers Nashville District to identify the most effective alternative while minimizing environmental, economic, and social impacts for the proposed flood risk management project located on the Harpeth River and its tributaries in the City of Franklin, Tennessee.The City of Franklin is the non-Federal sponsor.",,,,,,,,,,,,,,,
1878630,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1878630/special-public-notice-national-wetland-plant-list/,,lrn,Nashville District,,,,,Special Public Notice - National Wetland Plant List,,,,,,,,,,"Update to the National Wetland Plant List for 2018 in the Federal Register.
The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture-Natural Resources Conservation Service, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register. The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the
species reviewed for this update, as well as public input on the NWPL process. The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions. These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical
literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):
1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1",,,,,,,,,,,,,,,
1903355,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1903355/draft-environmental-assessment-for-a-proposed-land-disposal-and-construction-of/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for a Proposed Land Disposal and Construction of a Flood Levee Project; Cheatham County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (USACE) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed land disposal needed to construct a flood risk reduction levee at the A.O. Smith Plant in Ashland City, TN.
The U. S. Army Corps of Engineers, Nashville District (USACE) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed land disposal needed to construct a flood risk reduction levee at the A.O. Smith Plant in Ashland City, TN. The Ashland City Plant has experienced multiple flood events in the past, and A.O. Smith wishes to construct a levee to manage risk from future flood events. The proposed project consists of disposal of seven tracts of USACE land totaling approximately 9.19 acres and will address both the initial encroachment of current facilities and the disposal of additional lands for the levee project.",,,,,,,,,,,,,,,
1903740,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1903740/public-notice-no-19-25-file-no-lrn-2019-00083/,,lrn,Nashville District,Meigs,-810.0,5.0,Public Notice No. 19-25,Public Notice No. 19-25; File No. LRN-2019-00083,,,,,,,,,,"This notice announces a prospectus has been submitted for the development of the Ten Mile Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 19-25
Nashville District
Application No. LRN-2019-00083
Date: July 12, 2019;Expires: August 12, 2019
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Ten Mile Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Wetland and Stream Restoration Services, LLC
713 Melpark Drive
Nashville, TN 37204
LOCATION: The proposed stream mitigation project encompasses approximately 106 acres and is located 1.5 miles north of the community of Ten Mile in Meigs County, Tennessee (latitude N 35.681305, longitude W -84.662347). The proposed mitigation project would incorporate approximately 1.1 miles (5,810 +/- linear feet) of intermittent and perennial stream channels and 11.9 acres of wetlands in the Ten Mile Creek watershed, which is a tributary of Big Sewee Creek that ultimately drains to the Tennessee River.
PURPOSE: The proposed project would provide compensatory stream mitigation for permitted impacts within the proposed geographic service areas of the Middle-Tennessee Chickamauga (06020001), Hiwassee (06020002), Sequatchie (06020004), and Watts Bar (06010201) HUC 8 watersheds.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquaticresources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The proposed bank site consists of one 3rd order stream (Ten Mile Creek), and two 1st order tributaries, as well as degraded floodplain riparian wetlands. Project objectives are to improve overall ecological function and stability of streams and wetlands within the project area, which will provide ecological and water quality benefits in the Big Sewee Creek (060200010101) watershed of the Middle Tennessee-Chickamauga Basin. The project will consist of
restoration of Ten Mile Creek and a unnamed tributary 1 (UT1) using natural channel design techniques to provide functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physicochemical, and biological characteristics.
Wetland restoration objectives include 1) restoration of palustrine bottomland hardwood forests incorporating microtopography and small open pools to provide habitat and refugia, 2) create microtopographic relief to provide habitat and higher water retention, 3) improve hydrologic regime and wetland stability by grading areas impacted by historic land use and plugging drainage ditches, 4) plant native tree and shrub species to re-establish riparian hardwood vegetation, 5) improve
water quality through sedimentation, filtration, and absorption, and 6) protect restored, enhanced, and preserved stream and wetland areas with land use restrictions.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register of Historic Places returned no findings of historic properties within or near the mitigation site. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Meigs County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Fishes
Snail Darter (Percina tanasi)
Endangered
Amphibians
Berry Cave Salamander (Gyrinophilus alleganiensis)
Candidate
Freshwater Mussels
Fanshell (Cyprogenia stegaria)
Endangered
Dromedary Pearlymussel (Dromus dromas)
Endangered
Pink Mucket (Lampsilis abrupta)
Endangered
Rough Pigtoe (Pleurobema plenum)
Endangered
Acopy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by August 9, 2019 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010201, 06020001, 06020002, 06020004, 60200010",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
1904652,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1904652/public-notice-no-19-27-file-no-lrn-2019-00386/,,lrn,Nashville District,Bradley,,,Public Notice No. 19-27,Public Notice No. 19-27; File No. LRN-2019-00386,,,,,,1542,,,,"Proposed discharge of fill material into waters of the United States to facilitate the reconstruction of SR-60 from the four-lane portion north of I-75 (Westlake Drive) to SR-306, near Cleveland, Bradley County, Tennessee. TDOT Project # 06009-1215-14. TDOT PIN 101430.01
Public Notice No. 19-27
Nashville District
Application No. LRN-2019-00386
Date: July 15, 2019;Expires: August 15, 2019
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, Tennessee 37214
SUBJECT: Proposed discharge of fill material into waters of the United States to facilitate the reconstruction of SR-60 from the four-lane portion north of I-75 (Westlake Drive) to SR-306, near Cleveland, Bradley County, Tennessee. TDOT Project # 06009-1215-14. TDOT PIN 101430.01
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated. The applicant has applied for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street, Suite 900
J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 2.95-mile project to widen SR-60 (Georgetown Road) begins at the four-lane portion north of I-75 (near Westlake Drive), and ends near SR-306 (Eureka Road), located near Cleveland, Bradley County, Tennessee. Coordinates of the project beginning and ending are approximately 35.1999°, -84.8895° and 35.2349°, -84.8881°, respectively. Waters of the U.S. proposed for impact include Candies Creek near Log Mile 18.58, unnamed tributaries to Candies Creek, and unnamed wetlands. The project is located within Bradley County, Tennessee and within the Candies Creek Lower Watershed (HUC-12: 060200021303).
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes to widen SR-60 (Georgetown Road) to a five-lane section with four 12-foot travel lanes, a 12- foot continuous center turn lane, ten-foot paved shoulders/bike lanes on both sides, curb and gutter, and five-foot sidewalks on both sides within a 104 feet right-of-way. The existing bridge over Candies Creek (STR-3) and Stream 2 (STR-2) would be completely removed and replaced. The project scope also
includes required utility line relocations and all associated drainage improvements. The total proposed length of roadway construction and improvements is 2.95 miles. The estimated timeline for completing this project is five years. In order to facilitate the project, the discharge of fill material is proposed within five (5) ephemeral streams, eight (8) intermittent or perennial streams, and three (3) wetlands. A total of 1,542 linear feet of streams (0.124 acre) and 1.966 acres of wetland would be permanently impacted by the proposed discharge of fill material related to the roadway improvements. An estimated total of up to 130 linear feet of streams (0.028 acre) would be temporarily impacted by the proposed discharge of fill material related to the relocation of various utilities required as part of the roadway project. Additionally, the proposal includes the discharge of temporary fill material associated with Erosion Prevention and Sediment Control (EPSC). A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, the primary purposes of the proposed project are to develop a transportation solution that improves safety for vehicles, pedestrians, and bicyclists; to provide capacity to handle projected traffic; and to improve transportation system linkages between the cities of Dayton and Cleveland, Tennessee.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. During completion of the Environmental Assessment, TDOT examined two alternatives, the “No-Build Alternative” and one “Build Alternative” (the selected alternative). The No-Build Alternative is not proposed by TDOT, since it does not meet the purpose and need of the project. The Build Alternative was selected to satisfy purpose and need.
To minimize impacts to aquatic resources and aquatic species passage, a span bridge is proposed over Candies Creek (STR-3) and two adjacent wetlands (WTL-1 & WTL-3), and steeper roadway side slopes are proposed throughout the project, where practicable. Following removal of the existing bridge over Candies Creek (STR-3) and Stream 2 (STR-2), avoidance and minimization measures such as planting the area with a native riparian mix and/or planting native trees are proposed. Impacts to Wetland 5 (WTL-5) were reduced from 0.056 acre to 0.033 acre by modifying the roadway fill slopes.Additionally, the proposed box culvert at Stream 9 (STR-9) is proposed to be embedded one foot deep within the stream channel to facilitate passage of aquatic species, such as fish; this embedded box culvert is proposed to be back-filled with natural creek gravel to a depth of one foot. Measures to facilitate aquatic species passage are not proposed for the following structures: Stream 5 (STR-5), Stream 7 (STR-7), Stream 8 (STR-8), and ephemeral streams; data shows that these stream resources do not currently allow for aquatic species passage because of ephemeral flow, existing nearby obstructions, or because the streams originate within the project footprint. Any riprap channel protection placed within the stream channels at the inlet or outlet of culverts would be placed to mimic the existing contours of the stream. The top of the proposed riprap would be installed at grade with the bottom of the stream channel and voids within the riprap would be filled with creek gravel to prevent stream loss within riprap areas.
To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. A maximum of 50 acres of land disturbance would be allowed at any given time and all in-water construction activities would be completed in the dry and separated from flowing water by using temporary cofferdams, cribs, or stream diversion as appropriate. Standard Best Management Practices are proposed to reduce erosion and
sedimentation. High visibility fencing would be installed during construction to ensure that only authorized impacts to waters of the U.S. occur.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 1,542 linear feet of streams, the applicant proposes to obtain 790 stream credits from the Oostanaula Stream Mitigation Bank, located in McMinn County, Tennessee. The proposed stream impacts are within the primary service area of this mitigation bank.
To compensate for unavoidable permanent impacts to 1.966 acres of wetland, the applicant proposes debiting, at a 2:1 ratio, 3.932 advanced wetland mitigation credits in the Southeast Tennessee Service Area, from the Tennessee Mitigation Fund (TMF) In-Lieu Fee (ILF) Program; the proposed wetland impacts are located within this ILF service area.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office priorto a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for complying with Section 106 of the National Historic Preservation Act. A Phase I Archaeological Survey was completed in July 2001, which investigated three archaeological sites within the project area of this proposal, and these sites were recommended ineligible for listing in the National Register of Historic Places (NRHP). TDOT submitted the findings of this report to the State Historic Preservation Office (SHPO) on July 17, 2001, indicating that no NRHP listed or eligible archaeological properties would be affected by this proposal. The SHPO concurred with TDOT's findings on August 24, 2006, indicating “we find that the project area contains no archaeological resources eligible for listing in the National Register of Historic Places.”
A historic properties assessment was conducted for this project with report dated April 2001, a historic structures survey report addendum was completed in August 2002, and a historic properties architectural assessment update was completed by TDOT in February 2013. The 2013 update identified three properties within the area of potential effects of this proposal; these properties were recommended ineligible for listing in the NRHP. On April 5, 2013, TDOT submitted the findings of these reports to the SHPO, indicating that there are no historic properties that would be affected by the proposed project. The SHPO concurred with this finding on May 8, 2013, indicating “we find that the area of potential effect contains no architectural resources eligible for listing in the National Register of Historic Places affected by this undertaking.”
USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If TDOT determines that consultation is required, TDOT would consult with the Tennessee Historic Commission (SHPO) and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for conducting environmental review under Section 7 of the ESA. TDOT completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on May 13, 2019. Additionally, the applicant conducted ESA field reviews in November 2016. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. Listed species potentially located
within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Mammals
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
There is no critical habitat designated within the project area.
The above described ESA documentation was provided to the USFWS for consultation. In order to determine the presence of bats, a mist netting survey was performed between June 22 through 25, 2016, at eight sites along the project corridor. Efforts resulted in the capture of three eastern red bats (Lasiurus borealis); no other bat species were documented. The survey information was provided to the U.S. Fish and Wildlife Service (USFWS) on September 19, 2016. On October 4, 2016, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long-eared bat (NLEB) based on the negative survey results. Based upon the age of the previous documentation, TDOT re-coordinated with the USFWS via letter on January 10, 2019. On February 4, 2019 the UFWS responded “we concur with TDOT’s determination of ‘not likely to adversely affect’ the Indiana bat and NLEB. The referenced bat survey is valid
until April 1, 2022.” The USFWS also wrote “based on the best information available at this time, we believe that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.”
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination.Any response to this notice should be directed to William Worrall, Nashville District Corps of Engineers, Regulatory Division, at the above address, at 615-369-7513, or via email: william.e.worrall@usace.army.mil.
//signed//
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",60200021,,,,,William E Worrall,william.e.worrall@usace.army.mil,,,,,,,,
1924678,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1924678/public-notice-no-lrn-19-28-file-no-lrn-2006-00597/,,lrn,Nashville District,Roane,,,Public Notice No. LRN-19-28,Public Notice No. LRN-19-28; File No. LRN-2006-00597,,,,,,354,,,,"Proposed Discharge of Fill for Construction of Dry Coal Combustion Residual (CCR) Landfill, Haul Road and Borrow Area at TVA’s Kingston Fossil Plant (KIF), Clinch River Mile 3.7, Roane County, Tennessee
Public Notice No. LRN-19-28
Nashville District
Application No. LRN-2006-00597
Date: July 31, 2019;Expires: August 31, 2019
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250
Lenoir City, TN 37771
SUBJECT: Proposed Discharge of Fill for Construction of Dry Coal Combustion Residual (CCR) Landfill, Haul Road and Borrow Area at TVA’s Kingston Fossil Plant (KIF), Clinch River Mile 3.7, Roane County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Tennessee Valley Authority
Attn: Michael Turnbow
1101 Market Street
LP 5D-C
Chattanooga, TN 37402
LOCATION: The proposed project is located within the boundaries of KIF and impacts occur in an unnamed tributary and adjacent wetlands of Clinch River, in Roane County, Tennessee. The project is located within the 060102070405 HUC-12. The project site can be found on the Harriman, Tennessee 7.5 Minute quadrangle map.
See Attachment 1 Location Map & Plans.
DESCRIPTION: TVA proposes to construct an additional CCR landfill (Phase II), haul road and borrow area at the Kingston Fossil Plant. Phase II was originally proposed and permitted in 2007, but construction was not initiated. The landfill will be comprised of four cells constructed adjacent to the Phase I landfill. The landfill will provide additional storage capacity for CCR generated from steam electric power production at the Kingston Fossil Plant. The proposed landfill project
involves stream and wetland impacts as indicated in Table 1 below.
Table 1: Project Impacts
Feature
Latitude
Longitude
Impact
Stream 01-Intermittent
35.8952
-84.5009
Discharge of fill in 354 linear feet for grading purposes
W1- Forested
35.8948
-84.5003
Discharge of fill in 0.27 acres
W2- Forested
35.8955
-84.5009
Discharge of fill in 0.12 acres
W5-Emergent
35.9025
-84.4855
Discharge of fill in 0.30 acres
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, impacts to waters of the U.S. (WOUS) were avoided during the design phase as the project was conducted in multiple phases as needed avoiding any unnecessary impacts. Additionally, all impacts have been minimized to the maximum extent possible for road construction.
COMPENSATORY MITIGATION: In accordance with Tennessee’s Stream Quantification Tool, the applicant proposes to mitigate for loss of 106 functional feet of Stream 01 by purchasing credits from an approved stream mitigation bank. Additionally, the applicant proposes to mitigate for impacts to 0.39 wetland acres with the restoration of 19.52 wetland acres (previously approved and constructed in accordance with original permit) at TVA’s Drowning Creek mitigation site.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: TVA, as lead federal agency, will also review the proposal for compliance with Section 106 of the NHPA Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the applicant, review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the TVA Regional Natural Heritage Database indicate that the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Mussels
Alabama Lampmussel (Lampsilis virescens)
Endangered
Birdwing (Pearlymussel Lemiox rimosus)
Endangered
Cracking Pearlymussel (Hemistena lata Medionidus)
Endangered
Dromedary Pearlymussel (Dromus dromas)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Fine-rayed Pigtoe (Fusconaia cuneolus)
Endangered
Green Blossom Pearlymussel (Epioblasma torulosa
gubernaculum)
Endangered
Orange-foot Pimpleback (Plethobasus cooperianus)
Endangered
Oyster Mussel (Epioblasma capsaeformis)
Endangered
Pink Mucket (Lampsilis abrupta)
Endangered
Purple Bean (Villosa perpurpurea)
Endangered
Rough Pigtoe (Pleurobema plenum)
Endangered
Sheepnose (Plethobasus cyphyus)
Endangered
Shiny Pigtoe Pearlymussel (Fusconaia cor)
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Spectaclecase (Cumberlandia monodonta)
Endangered
Tan Riffleshell (Epioblasma florentina walker)
Endangered
Turgid Blossom Pearlymussel (Epioblasma turgidula)
Endangered
White Wartyback (Plethobasus cicatricosus)
Endangered
Snails
Anthony’s river snail (Athearnia anthonyi)
Endangered
Fishes
Slender chub (Erimystax cahni)
Threatened
Spotfin chub (Erimonax monachus)
Threatened
Yellowfin madtom (Noturus flavipinnis)
Threatened
Amphibians
Berry cave salamander (Gyrinophilus gulolineatus)
Candidate
Birds
Piping plover (Charadrius melodus)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before August 31, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2006-00597 and be directed to the Regulatory Branch, Attention: Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102070,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,,,,,,,
1933996,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1933996/public-notice-no-19-29-file-no-lrn-2019-00167/,,lrn,Nashville District,Hamilton,,,Public Notice No. 19-29,Public Notice No. 19-29; File No. LRN-2019-00167,,,,,,,,,,"Proposed discharge of fill material into waters of the U.S. in association with the proposed construction of a 3.18-Megawatt photovoltaic (PV) solar array within the Moccasin Bend Wastewater Treatment Plant facility, in Chattanooga, Hamilton County, Tennessee.
Public Notice No. 19-29
Nashville District
Application No. LRN-2019-00167
Date: August 13, 2019;Expires:September 14, 2019
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn:Aric Payne)
1301 Riverfront Parkway, Suite 206
Chattanooga, Tennessee 37402
SUBJECT: Proposed discharge of fill material into waters of the U.S. in association with the proposed construction of a 3.18-Megawatt photovoltaic (PV) solar array within the Moccasin Bend Wastewater Treatment Plant facility, in Chattanooga, Hamilton County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 18.222) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT:City of Chattanooga, Waste Resources Division
Attn: Jeffrey Rose
P.O. Box 591
Chattanooga, Tennessee 37401
AGENT:Jacobs Engineering Group
Attn: Rich Reaves
6600 Peachtree Dunwoody Road
400 Embassy Row, Suite 600
Atlanta, Georgia 30328
LOCATION: The proposed project is located at 455 Moccasin Bend Road, near the existing MoccasinBend Wastewater Treatment Plant, in wetlands adjacent to the Tennessee River; HUC 12 – 060200011202 – Upper Nickajack Lake-Tennessee River Watershed; Latitude N. 35.0508°, Longitude W. -84.3405°; Hamilton County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant has proposed to permanently impact 2.730 acres of forested wetlands and temporarily impact 0.701 acres of palustrine forested (PFO) wetlands, for the construction and installation of a 3.18-Megawatt photovoltaic (PV) solar array within the Moccasin Bend Wastewater Treatment Plant (MBWWTP) facility, on an approximately 14.25 acre site. The installation of a PV solar facility onsite at the MBWWTP will provide supplemental power to the existing facility, resulting in financial benefits to end users by offsetting approximately 8-9% of the annual energy demand. The proposed project would include the tree removal on 14.25 acres, the preparation and grading of 11.25 acres, including permanent impacts to 2.730 acres PFO wetlands, and temporary impacts to 0.701 acres of PFO wetlands. Once completed, the PV solar array will include the construction and installation of pad-mounted switchgear, two (2) 480V-12.47kV, 1500VA pad-mounted transformers, and 9,360 individual 340-watt PV solar panels on a fixed axis system.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: According to the permit application, the MBWWTP is the largest user of power among the City facilities, accounting for approximately 50% of the City’s power costs. The purpose of the project is the installation of a PV solar facility onsite at the MBWWTP to provide supplemental power to the facility. The project is needed to offset the power purchase at the facility and provide a more economical means of providing power, and to reduce the overall cost of the facility.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, avoidance and minimization efforts were made during the planning and design phases of this project to minimize the overall project footprint and designing the layout such that impacts to waters of the U.S. would be avoided to the extent practicable, and to minimize impacts that were not avoidable. A preliminary design included a site layout that would have required additional fill and disturbances within waters of the U.S., but subsequent design revisions determined practicable alternatives to the site layout. Based on the information
submitted in the application, the proposed plan will avoid impacts to 3.751 acres of PFO wetlands. The applicant’s alternatives analysis included no action and one action alternative (the selected alternative). The applicant stated that any proposed temporary impacts will be returned to pre-construction conditions and be allowed to naturally re-vegetate or be seeded once construction activities are completed.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 2.730 acres ofwetland, the applicant proposes to purchase 5.460 acres of forested wetland credits from theSequatchie Valley Mitigation Bank. The proposed wetland impacts are within the primary service area of this mitigation bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include
application of the guidelines promulgated by the administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, andlocal agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical
properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: Based on the information provided by the applicant and a review of the National Register website http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome, there is one (1) National Historic Landmark-listed property, ten (10) National Register of Historic
Places-listed properties, 32 archaeological resources, one (1) National Park Service American Battlefield Projection Program resource, and one National Historic Trails route within the study area. None of these resources are recorded within the proposed project’s direct footprint.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do , the following federally-listed species are known to or believed to occur in Hamilton County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Clams
Dromedary pearlymussel (Dromus dromas)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Pink mucket (Lampsilis abrupta)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Tubercled blossom (Epioblasma torulosa)
Endangered
Plants
Large-flowered Skullcap (Scutellaria montana)
Threatened
Small whorled Pogonia (Isotria medeoloides)
Threatened
Virginia spiraea (Spiraea virginiana)
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by September 14, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2019-00167, and be directed to the Regulatory Division, Attention: Aric Payne, at the above address or at aric.j.payne@usace.army.mil.
/S/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60200011,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
1939123,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1939123/public-notice-no-19-31-file-no-lrn-2019-00480/,,lrn,Nashville District,Hamilton,,,Public Notice No. 19-31,Public Notice No. 19-31; File No. LRN-2019-00480,,,,,,,,,,"Proposed structures and discharge of fill material into waters of the United States to facilitate the Interstate 75 at Interstate 24 Interchange Modification; Cities of Chattanooga and East Ridge, Hamilton County, Tennessee. TDOT Project # 33005-1185-44. TDOT PIN 114174.00
Public Notice No. 19-31
Nashville District
Application No. LRN-2019-00480
Date: August 21, 2019;Expires: September 21, 2019
Please address comments to: Nashville District Corps of Engineers, Regulatory Division,
3701 Bell Road, Nashville, Tennessee 37214
JOINT PUBLIC NOTICE
U.S. ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed structures and discharge of fill material into waters of the United States to facilitate the Interstate 75 at Interstate 24 Interchange Modification; Cities of Chattanooga and East Ridge, Hamilton County, Tennessee. TDOT Project # 33005-1185-44. TDOT PIN 114174.00
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated; the applicant has applied for the required certification. The Tennessee Valley Authority (TVA) is reviewing the application per Section 26a of the TVA Act.
APPLICANT: Tennessee Department of Transportation
7512 Volkswagen Drive
Chattanooga, Tennessee 37416
LOCATION: The proposed project limits extend along Interstate 75 (I-75) / Interstate-24 (I-24) from just west of Spring Creek Road, to just west of the I-75 bridge over the CSX Railroad, and south along I-75 to the Tennessee-Georgia state line, located within the cities of Chattanooga and East Ridge, Hamilton County, Tennessee. Center coordinates of the project are approximately 35.0018°, -85.2128°. Waters of the U.S. proposed for structures or discharge of fill material include South Chickamauga Creek, Spring Creek, and eight unnamed wetlands. The project is located within the Middle Tennessee - Chickamauga Watershed (HUC-8: 06020001).
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes to modify and reconstruct the existing I-75/I-24 interchange by adding an additional lane in all directions throughout the project limits. The I-24/I-75 ramps will be widened to three lanes and the radii increased to allow for 50 miles per hour (mph) design speed. I-75 will be realigned through the project to be the primary travel flow and thus at grade throughout the project. The I-24 ramps are to be reconfigured to go over I-75. The project also modifies the traffic circulation patterns of the existing Welcome Center by reconfiguring the entrance and exit to
eliminate the weaving condition along northbound I-75. The modification would realign the ramp to the west of the existing Welcome Center and merge with I-75 north of the existing Welcome Center. Traffic along the proposed ramp traveling northbound I-75 will use a ramp parallel to the existing northbound ramp and vehicles traveling to I-24 westbound will diverge onto the I-24 flyover ramp. The estimated timeline for completing this project is approximately three years.
In order to facilitate the project, TDOT proposes structural bridge improvements including the widening of the I-75 bridge over South Chickamauga Creek and the removal and replacement of the I-75 bridges over Spring Creek. Permanent discharge of fill material is proposed within South Chickamauga Creek and eight (8) unnamed wetlands. A total of 0.082 acre of South Chickamauga Creek and 9.38 acres of wetlands would be permanently impacted by the proposed discharge of fill material related to the roadway improvements. The project scope also includes required utility line relocations and all associated drainage improvements. An estimated total of up to 0.142 acre of South Chickamauga Creek and Spring Creek would be temporarily impacted during construction. A total of 2.23 acre of wetland would be temporarily impacted, then restored, during construction. Additionally, the proposal includes the discharge of temporary fill material associated with Erosion Prevention and Sediment Control (EPSC). A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, continued growth in the area and traffic volume increases along the I-24 and I-75 corridors have resulted in deficient traffic operations due to increased congestion and the associated safety issues accompanying higher traffic volumes. Substandard ramp geometry and volume increases have caused safety issues.
The modifications are needed to provide a safer facility for roadway users by reducing high crash rates and truck rollovers throughout the I-24/I-75 interchange area. The traffic circulation patterns of the existing Welcome Center also create substandard weaving conditions, causing safety issues along NB I-75. The proposed project would improve substandard ramp geometry, decrease interstate congestion, improve traffic operations, and improve safety at the interchange and Welcome Center.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, all measures of avoidance of wetland and stream impacts have been maximized in this proposed project. In 2012, the Federal Highway Administration (FHWA) approved and Interchange Access Request (IAR) for I-75 at I-24. The IAR served as the basis for an environmental review under the National Environmental Policy Act (NEPA). During the IAR process, seven alternatives were presented for the proposed interstate modifications. Of the seven alternatives analyzed, the preferred alternative provides for the smallest environmental footprint.To further minimize impacts to waters of the U.S., the preferred alternative was revised to reduce permanent wetland impacts from the originally proposed 12.18 acres to the currently proposed 9.38 acres.
To minimize impacts to stream resources and aquatic species passage, bridges are proposed over South Chickamauga Creek and Spring Creek, rather than culverts or other more impactful structures. Steeper roadway side slopes of 2:1 are proposed throughout the project, and retaining walls are proposed where feasible to minimize impacts to aquatic resources. A design reconfiguration at the Welcome Center has reduced wetland impacts by 6.65 acres from the original concept. At Spring Creek, the existing bridge, with supporting piers in the creek will be removed.The applicant has revised the replacement bridge designs at this location to include single span bridges, with no supporting piers into Spring Creek; therefore reducing impacts as compared to current conditions. The design for bridge widening over South Chickamauga Creek was modified to minimize wetland impacts as compared to other concepts. Wetland impacts have been reduced by
minimizing permanent impacts, and providing for temporary impacts where feasible. A total of 2.23 acres of wetland impacts will be temporary, rather than permanent.
Within areas of temporary wetland impact, the applicant proposes to restore the wetlands by removing and stockpiling the natural topsoil prior to construction, restoring natural contours and spreading native topsoil to pre-construction elevations at the end of construction, seeding with native riparian seed mix, planting of native trees, and installation of permanent signage to protect these restored areas.
To minimize erosion and avoid sediment release into waters of U.S., only 50 acres of land disturbance are proposed at a time and all in-water construction activities would be completed in the dry and separated from flowing water by using temporary cofferdams, cribs, or stream diversion as appropriate. Standard Best Management Practices are proposed to reduce erosion and sedimentation. High visibility fencing would be installed during construction to ensure that only
authorized impacts to waters of the U.S. occur.
South Chickamauga Creek and Spring Creek are listed as navigable waters of the U.S., which the Nashville District has regulatory jurisdiction under the authority of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Except during short period of time during beam removal and beam erection, the applicant will ensure that the public will have access to navigation along both streams during the construction process. During the beam removal process, navigation will be
intermittently halted for short periods of time as the beams are being lifted for removal. Once the beams are safely removed, navigation through the construction zone will be allowed. Likewise, during the beam erection process, navigation will be temporarily halted in order for the beams to be safely lifted and set in place. Once beams are secured in place, navigation will resume. Ongoing construction will reduce the navigable channel widths, but will not prohibit navigation
through the construction zones. As a measure of safety, warning signs advising of the reduced channel width and urging caution when passing through the construction zone will be installed along the banks.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 9.38 acres of wetlands, and to satisfy federal and state mitigation requirements, the applicant proposes to purchase 28.40 wetland mitigation credits from the Sequatchie Valley Wetland Mitigation Bank, located in Marion County, Tennessee. The proposed wetland impacts are within the primary service area of this mitigation bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for complying with Section 106 of the National Historic Preservation Act. In June 2014, a Phase I Archaeological Assessment of the proposed improvements to the I-75 at I-24 interchange was prepared. No archaeological sites were recorded as a result of the investigation. No further archaeological investigations were recommended. In
correspondence from the Tennessee - State Historic Preservation Office (TN-SHPO), dated May 29, 2014, they stated that ""based on the information provided, we find that the project area contains no archaeological resources eligible for listing in the National Register of Historic Places.” Following recent coordination with the TDOT Archaeology Section, TDOT determined that “Based on the conceptual layout dated July 9, 2018, I find that our previous archaeological survey and SHPO
letter dated May 29, 2014 remain valid. The project area contains no archaeological resources eligible for listing in the National Register of Historic Places.”
In 2014, a Historical and Architectural Survey was prepared for the project. After surveying the area of potential effect for the project, historians identified the Anna B. Lacey School and Belvoir Historic District as being eligible for the National Register of Historic Places (NRHP). However, the report indicated that the proposed project alternatives would have No Adverse Effect on either the property or district. TN-SHPO correspondence received on October 23, 2014 stated, “based on the information provided, we find that the project area contains two cultural resources eligible for listing in the National Register of Historic Places: Anna B. Lacey School and Belvoir Historic District. We further find that the project as currently proposed will not adversely affect these resources. Unless project plans change, this office has no objection to the implementation of this project.” Following recent coordination with the TDOT Historic Preservation Section dated July 24, 2018, TDOT determined that ""Based on the information provided, the TN-SHPO letter from October 23, 2014 remains valid for historic/architectural resources.""
The applicant requested Native American consultation via letter to ten federally recognized tribes on March 11, 2014. The United Keetowah Band of Cherokee Indians in Oklahoma replied to the coordination request on March 12, 2014. The Tribe stated that representatives had reviewed the project and had no comments or objections at this time. In the July 25, 2018 correspondence from the TDOT Archaeology Section, TDOT determined that ""the March 11, 2014 documentation regarding consultation with federally recognized Native American tribes remains valid.""
USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If TDOT determines that consultation is required, TDOT would consult with the Tennessee Historic Commission (SHPO) and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for conducting environmental review under Section 7 of the ESA. TDOT completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on multiple dates, most recently June 12, 2018. Additionally, the applicant conducted ESA field reviews on multiple dates. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. Listed
species potentially located within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Fish
Snail darter (Percina tanasi)
Threatened
Flowering Plants
Large-flowered skullcap (Scutellaria montana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
There is no critical habitat designated within the project area.
To minimize effects to the snail darter, TDOT agreed to prohibit in-stream work from February 1 through April 30 to avoid the spawning season. TDOT requested concurrence that the proposed project is ""not likely to adversely affect"" the federally threatened snail darter. The U.S. Fish and Wildlife Service (USFWS) letter dated April 18, 2016 stated that due to the size of the streams potentially disturbed by the project, the agency would not anticipate a year-round population of snail darters occurring within the project area. Therefore, USFWS concurs with TDOT's determination of ""not likely to adversely affect"" for this species based on a spawning season prohibition on in-stream work.
Between May and September 2015, the project site was visited ten times and surveyed for plant species. Field determinations were made for species easy to identify and for species that were more difficult to identify, and plant specimens were collected and taken to the University of Tennessee at Chattanooga lab to be examined. Two hundred thirty-one species of vascular plants were observed. Five state listed rare plant species were observed within areas southeast and
southwest of the interchange. The large flowered skullcap was not found within the project area and no federally listed endangered plant species were identified. The USFWS letter dated November 9, 2015 stated that upon review of the 2015 plant survey results, the agency concurs with TDOT's determination of ""not likely to adversely affect"" for large flowered skullcap due to no observations during surveys.
In order to determine the presence of bats, a mist netting survey was performed between May 29 and June 3, 2017, at four sites determined to be suitable netting locations. Efforts resulted in the capture of two endangered gray bats (Myotis grisescens); no other bat species were documented. The survey information was provided to the USFWS via letter dated September 7, 2017. On September 20, 2017, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long-eared bat based on the negative survey results; the USFWS indicated that the referenced bat survey is valid until April 1, 2020.
The September 20, 2017 USFWS letter stated that the agency is unaware of any federally listed or proposed species that would be impacted by the project. Therefore, based on the best information available at the time, the USFWS believes that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Additionally, TVA approval is required under Section 26a of the TVA Act for the proposed project. The U.S. Coast Guard has determined that a bridge permit is not required for this project. Other
federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination.Any response to this notice should be directed to William Worrall, Nashville District Corps of Engineers, Regulatory Division, at the above address, at 615-369-7513, or via email: william.e.worrall@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",06020001,,,,,William E Worrall,william.e.worrall@usace.army.mil,,,,,,,,
1945142,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1945142/public-notice-no-19-30-file-no-lrn-2019-00034/,,lrn,Nashville District,Greene,-83.1134,36.1489,Public Notice No. 19-30,Public Notice No. 19-30; File No. LRN-2019-00034,,,,,,4253,,,,"This notice announces a prospectus has been submitted for the development of the Black Creek Stream and Wetland Mitigation Bank (BCSWMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 19-30
Nashville District
Application No. LRN-2019-00034
Date: August 27, 2019;Expires: September 27, 2019
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Black Creek Stream and Wetland Mitigation Bank (BCSWMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Wetland and Stream Restoration Services, LLC
713 Melpark Drive
Nashville, TN 37204
LOCATION: The proposed Black Creek Stream and Wetland Mitigation Bank (BCSWMB) comprises approximately 266 acres in Greene County, Tennessee (Figure 1). The site is approximately 5 miles southwest of the town of Mohawk in Greene County. The site lies just eas of the intersection of TN-348 and TN-340 and can be accessed from Toby Rd, which bisects the site (36.1489, -83.1134). The site is within in the Nolichucky River Basin (8-digit HUC 0601010 and the Ridge and Valley Level III Ecoregion. The proposed mitigation project would restore approximately 0.8 miles (± 4253 linear feet) of ephemeral, intermittent and perennial stream channels in the Black Creek watershed, which is a tributary of Lick Creek that ultimately drains into the Tennessee River. In addition, the proposed project would restore 14.9 acres of wetlands.
PURPOSE: The BCSWMB proposes to provide compensatory stream mitigation for permitted impacts within the proposed geographic service area of the Nolichucky (06010108), Watauga (06010103), South Fork Holston (06010102), Lower French Broad (06010107), and Upper French Broad (06010105) HUC 8
watersheds. Mohawk, TN USGS Quadrangle.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquaticresources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The mitigation bank aims to improve overall ecological function and stability of Black Creek and the unnamed tributaries, as well as to provide ecological and water quality benefits within the Lick Creek Lower watershed (060101080806), a subset of the Nolichucky basin (06010108). The proposed
mitigation bank would restore Black Creek and both Unnamed Tributaries (UT1 and UT2) using natural channel design techniques to provide a functional lift capable of restoring natural channel hydrologic, hydraulic, geomorphic, physicochemical, and biological characteristi These actions, coupled with reforestation of bottomland hardwood palustrine wetland communities, will enhance the wetland environment on site. The project goals and objectives are outlined below and will address existing impairments.
The site has been historically manipulated for agricultural use, impacting the natural vegetation and hydrology of the parcel. Ditching across the site and along the site boundaries have disconnected the site from typical drainage patterns and surface flow, and continuous disturbance of soils and planted crops have disrupted biological function. Restoration and enhancement of stream and wetland conditions will greatly improve the stability and functionality of the site. The main channel of Black Creek shows significant signs of ditching, straightening, and poor watershed management. This has caused the channel to become incised and disconnected from the floodplain. Because of this restriction the channel fails to achieve its natural hydraulic, biological or physicochemical function. Additionally, UT1 to Lick Creek, which begins at the outflow of a linear wetland on the east side of the site, has historically been relocated and straightened. Lick Creek is also incised, which has led to UT1 significantly head cutting down to Lick Creek. UT2, an intermittent channel in the north-western portion of the site, has been connected to a roadside ditch for drainage purposes and is currently oversized and unstable. The result is a site with significant points of instability and limited ecological function.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, n project designplans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notic from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties
and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Secti 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance wit Section 106 of the National
Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Fishes
Chucky Madtom (Noturus crypticus) Endangered
Snail Darter (Percina tanasi) Threatened
Freshwater Mussels
Spectaclecase (Cumberlandia monodonta)
Endangered
Oyster Mussel (Epioblasma capsaeformis)
Endangered
Snuffbox (Epioblasma triquetra)
Endangered
Pink Mucket (Lampsilis abrupta)
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Fluted Kidneyshell (Ptychobranchus subtentum)
Endangered
Rough Rabbitsfoot (Quadrula cylindrical strigillata)
Endangered
Rayed Bean (Villosa fabalis)
Endangered
Cumberland bean (Villosa trabalis)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by September 19, 2019 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Regulatory Division (acting)
U.S. Army Corps of Engineers","06010102, 06010103, 06010105, 06010107, 06010108, 60101080",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
1945201,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1945201/public-notice-no-19-26-file-no-lrn-2017-00096/,,lrn,Nashville District,Bradley,-35.196334,35.210894,Public Notice No. 19-26,Public Notice No. 19-26; File No. LRN-2017-00096,,,,,,1069,,,,"Proposed encapsulation of 1,069 linear feet of an Unnamed Tributary to South Mouse Creek associated with the proposed construction of a multi-tenant commercial development in Cleveland, Bradley County, Tennessee
Public Notice No. 19-26
Nashville District
Application No. LRN-2017-00096
Date: August 26, 2019; Expires: September 26, 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division (Attn:Aric Payne)
1301 Riverfront Parkway,
Suite 206
Chattanooga, Tennessee 37402
SUBJECT: Proposed encapsulation of 1,069 linear feet of an Unnamed Tributary to South Mouse Creek associated with the proposed construction of a multi-tenant commercial development in Cleveland, Bradley County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 18.222) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT:Leconte Cleveland, LLC.
Attn: Cathi Wingo
P.O. Box 1390
Knoxville, Tennessee 37901
AGENT:Envision Ecology, LLC Attn: William L. Phillips
4465 Keith Road
Ringgold, Georgia 30736
LOCATION: The proposed project is located at 4355 Mouse Creek Road NW, near the intersection of Paul Huff Parkway and Mouse Creek Road NW in an Unnamed Tributary to South Mouse Creek; HUC 12 – 060200021404 – South Mouse Creek Watershed; Latitude N. 35.21089°, Longitude W. -84.85777°; Bradley County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant has proposed to encapsulate 1,069 linear feet of an Unnamed Tributary of South Mouse Creek in order to facilitate the construction of a new multi-tenant commercial development on an approximately 8 acre site. The proposed development is located at 4355 Mouse Creek Road NW, near the corner of Mouse Creek Road NW and Paul Huff Parkway, Cleveland, Bradley County, Tennessee (Latitude 35.210894 °N, - 84.857773 °W), and includes the construction of four (4) separate commercial buildings, and supporting infrastructure (parking lots, access drives, utilities, and storm water management facilities).
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: The applicant proposes to provide additional commercial facilities along Paul Huff Parkway in Cleveland, Tennessee. The applicant indicates the city’s location and population have proven prime for commercial development. The proposed commercial development is located on one of the few remaining vacant, undeveloped tracts of land along Paul Huff Parkway and will provide additional employment and business opportunities to the rapidly-developing area.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the existing aquatic resource lies within the central part of the 8 acre parcel. The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION: The applicant has proposed compensatory mitigation for all stream impacts through off-site permittee responsible mitigation using natural channel design methods. The proposed mitigation site is located in an Unnamed Tributary to Little Chatata Creek: HUC 12 – 060200021402 – Chatata Creek Watershed; on the Omega Ranch property, approximately 3 miles east of the development site near the corner of Old Tasso Road and Tillie Drive, Cleveland, Bradley County, Tennessee (Latitude 35.196334 °N, -84.813748 °W).
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion
and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or
denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do , the following federally-listed species are known to or believed to occur in Bradley County, Tennessee.
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Fishes
Snail darter (Percina tanasi)
Threatened
Clams
Cumberland Bean (Villosa trabalis)
Endangered
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by September 26, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-00096, and be directed to the Regulatory Division, Attention: Aric Payne, at the above address or at aric.j.payne@usace.army.mil.
/S/
Casey Ehorn
Chief, East Branch
Regulatory Division
Nashville District
U.S.. Army Corps of Engineers",60200021,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
1949016,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1949016/public-notice-no-19-32-file-no-lrn-2019-00746/,,lrn,Nashville District,Sumner,,,Public Notice No. 19-32,Public Notice No. 19-32; File No. LRN-2019-00746,,,,,,20003,,,,"This notice announces a prospectus has been submitted for the development of the Mule Train Mitigation Bank (MTMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
Public Notice No. 19-32
Nashville District
Application No. LRN-2019-00746
Date: August 30, 2019; Expires: September 29, 2019
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Mule Train Mitigation Bank (MTMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
BANK SPONSOR: Mule Train Investments, LLC
Attention: Mr. Trey Evans
931 Monroe Drive NE
Atlanta, Georgia 30308
LOCATION: The proposed mitigation bank is located at central coordinates 36.467544°, -86.358160° to the north of Dry Fork Creek Rd, approximately 7 miles southwest of Bethpage and 13 miles northeast of the City of Gallatin in Sumner County, Tennessee. The proposed bank boundary is located within the Bethpage, Tennessee USGS Topographic Quadrangle and consists of approximately 60 acres within a combined property area of 429 acres. The proposed mitigation bank would incorporate approximately 20,003 linear feet of existing tributaries to Dry Fork Creek and approximately 9.12 acres of slope wetlands that are suitable for some aspect of restoration or enhancement.
PURPOSE: The MTMB is proposed to provide compensatory stream and wetland mitigation for permitted impacts within the primary service area of the Lower Cumberland-Old Hickory Lake Watershed (HUC 05130201). The Bank’s proposed secondary service area includes the Lower Cumberland-Sycamore Watershed (HUC 05130202) and Stones River Watershed (HUC 05130203).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the
IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The project will consist of a natural channel design approach to restore and enhance streams and wetlands throughout the site, including riparian buffer enhancement along Dry Fork Creek, as well as the restoration and/or enhancement of seven (7) additional tributary streams. The enhancement of approximately 9.12 acres of wetland adjacent to Get Along Creek is also proposed. The mitigation work at the MTMB site will contribute to overall cumulative benefits of providing watershed-level restoration and protection necessary for accomplishing ecologically self-sustaining aquatic resources. This will be implemented through restoration and enhancement activities using a function-based methodology focused on achieving functional lift within the project site. The restoration of stream channels within the proposed MTMB project area will be applied using a Natural Channel Design (NCD) approach.
Dimensionless ratios will be developed from TDEC regional curves as well as geomorphologically stable reference reaches within the local watershed to size the dimension, pattern, and profile of the project streams. A reference ecosystem will also be evaluated to promote the most appropriate design considerations based on drainage area, flow regime, valley type, slope regime, Rosgen stream type, etc. Historical anthropogenic influences resulting from livestock and agricultural practices have precluded the site from reaching its full ecological potential. Assessing these functions prior to restoration, understanding what functions require improvement, and designing the mitigation site based upon a function-based approach, will in turn allow for the viability of accomplishing an ecologically self-sustaining mitigation site. Overall, current site conditions (i.e. constructed berms and excavated ponds) prevent the natural flow of surface and subsurface water moving throughout the site. In the current mitigation area, there is one (1) wetland (WET-A)
consisting of 9.12 acres. Natural hydrology of this slope wetland is obstructed because of an excavated farm pond and farm road that separates the wetland. Currently, approximately 0.78acres of wetland is proposed for rehabilitation and the remaining 8.34 acres would consist of enhancement efforts. Four (4) activities/practices will be implemented within the wetland areas to improve the function/value of the wetland areas, which include: (1) removal of berms to restore wetlands in historical wetland areas; (2) reshaping the landform, including the excavated pond and constructed farm road to a natural functioning contour and elevation; (3) enhancing surface and subsurface hydrology, and (4) planting native vegetation (trees & shrubs). Details are contained in the Mule Train Mitigation Bank Prospectus dated August 15, 2019. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the prospectus would serve as the basis for establishing the stream and wetland mitigation banking instrument (MBI).
The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A resource review of available documentation archived at the Tennessee State Historic Preservation Office was also performed by Midsouth Cultural Resource Consultants. The results of this review indicated that no previously recorded archaeological sites are present within the property boundary; however, two previously recorded archaeological sites are present within a 1-mile radius. Additionally, a review of the National Park Service’s (NPS) National Register of Historic Places/Cultural Resources spatial dataset was conducted. The review found a total of 18 cultural resource structures, districts, and buildings located within a 10-mile radius of the proposed MTMB. Eight of these resources were located within a 5-mile radius and none were located within a 1-mile radius. A Phase I cultural/archaeological survey has not beenconducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic andcultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Sumner County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Leafy Prairie-clover (Dalea foliosa)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130201, 05130202, 05130203",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
1957239,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1957239/public-notice-no-19-34-file-no-lrn-2018-00196/,,lrn,Nashville District,Williamson,-86.9159,35.9286,Public Notice No. 19-34,Public Notice No. 19-34; File No. LRN-2018-00196,,,,,,,,,,"Proposed discharge of fill material into 0.35 acres of wetland associated with the construction of Area D of Westhaven Residential Development in Franklin, Williamson County, Tennessee
Public Notice No. 19-34
Nashville District
Application No. LRN-2018-00196
Date: September 11, 2019;Expires: September 26, 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch, 3701
Bell Road, Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge of fill material into 0.35 acres of wetland associated with the construction of Area D of Westhaven Residential Development in Franklin, Williamson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: Southern Land Company
C/O Mr. Brain Sewell
1550 West McEwen Drive, Suite 200
Franklin, Tennessee 37067
LOCATION: A 0.35 acre wetland south of State Route 96 west of Franklin within the Westhaven Residential Development, Williamson County, Tennessee
USGS Quadrangle: Leipers Fork, TN. Latitude: 35.9286, Longitude: -86.9159
DESCRIPTION: The applicant has proposed to discharge fill material into 0.35 acres of wetland in order to facilitate the construction of Area D of Westhaven Residential Development. Area D of Westhaven Residential Development is a 29.2 acre development which would transform former
agricultural land into 170 residential lots within the Westhaven Development.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the proposed project is to construct Area D of the Westhaven Residential Development.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant proposes compensatory wetland mitigation by the purchase of mitigation credits from the Swamp Road Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based onan evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting commentsfrom the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interestof the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A Phase I cultural survey has been completed for the site and is currently under review by the Tennessee State Historic Preservation Officer.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Williamson County, Tennessee.
Common Name
Scientific Name
Nashville crayfish
(Orconectes shoupi)
Yellow blossom (pearlymussel)
(Epioblasma florentina florentina)
Orangemacre Muckett
(Lampsilis perovalis)
Tan riffleshell
(Epioblasma florentina walkeri (=E. walkeri)
Cumberland comshell
(Epioblasma brevidens)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Short's bladderpod
(Physaria globosa)
Leafy prairie-clover
(Dalea foliosa)
Price’s potato bean
(Apios priceana)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before September 26, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder Chief,
West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
1959109,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1959109/special-public-notice/,,lrn,Nashville District,,,,Special Public Notice,Special Public Notice,,,,,,,,,,"CLEAN WATER ACT FINAL RULE REPEALING THE 2015 CLEAN WATER RULE AND RE-CODIFYING THE PREVIOUS DEFINITION OF THE “WATERS OF THE U.S.”
SPECIAL PUBLIC NOTICE
CLEAN WATER ACT FINAL RULE REPEALING THE 2015 CLEAN WATER RULE AND RE-CODIFYING THE PREVIOUS DEFINITION OF THE “WATERS OF THE U.S.”
On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining ""waters of the United States"" (WOTUS) that existed prior to the 2015 Rule.
This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.
This final rule follows the February 28, 2017, Presidential Executive Order on ""Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."" The February Order states that it is in the national interest to ensure that the Nation's navigablewaters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies have followed a two-step rulemaking process.
Today’s final rule is the first step of that process (Step 1 Final Rule). It was first proposed on July 27, 2017, with a supplemental proposal on June 29, 2018, and received 770,000 public comments.The Step 1 Final Rule provides regulatory certainty by removing the patchwork of regulations that
existed across the country as a result of various judicial decision enjoining the 2015 Rule, and it reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Rule, which is more familiar to the agencies, States, Tribes, local governments, regulated entities, and the public.
The Step 1 Final Rule provides the aforementioned regulatory certainty while the agencies engage in the second step of rulemaking to revise the definition of WOTUS. The second step, or the Step 2 Proposed Rule, was published in the Federal Register on February 14, 2019, and the public comment period closed on April 15, 2019. The agencies are currently reviewing over 600,000 public comments before taking final action.
More information regarding the WOTUS rulemaking can be found at EPA’s website: https://www.epa.gov/wotus-rule. If you have specific questions regarding this Step 1 Final Rule, please contact a local Corps District office or EPA Regional office.",,,,,,,,,,,,,,,
1959534,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1959534/environmental-assessment-draft-section-531-project-wastewater-collection-system/,,lrn,Nashville District,Harlan,,,Environmental Assessment Draft Section 531 Project Wastewater Collection System Extensions Highway 1084 and U.S. Highway 119 Harlan County,"Environmental Assessment Draft Section 531 Project Wastewater Collection System Extensions Highway 1084 and U.S. Highway 119 Harlan County, Kentucky",,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District (USACE) is requesting public comments on environmental concerns for a USACE project to help provide 75 percent of the funding for design and construction of a wastewater collection system extension (sewer lines) and a pump station to the Guthrie-Tucker Memorial Airport, residents, and businesses in Harlan County, Kentucky.
The U.S. Army Corps of EngineersNashville District (USACE) is requesting public comments on environmental concerns for a USACE project to help provide 75 percent of the funding for design and construction of a wastewater collection system extension (sewer lines) and a pump station to the Guthrie-Tucker Memorial Airport, residents, and businesses in Harlan County, Kentucky.A draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) have been written to provide the public with project information, alternatives, and potential environment impacts. USACE requests comments within a 30-day review period to end on October 16, 2019.",,,,,,,,,,,,,,,
1969345,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1969345/public-notice-no-19-35-file-no-lrn-2004-02268/,,lrn,Nashville District,Harlan,-948.0,3.0,Public Notice No. 19-35,Public Notice No. 19-35; File No. LRN-2004-02268,,,,,,8219,,,,"Proposed Discharge of Dredged and/or Fill Material into Waters of the United States (WOUS) associated with the Proposed Kelly Branch Mine, KDNR #848-0242 (AM 2)
Public Notice No. 19-35
Nashville District
Application No. LRN 2004-02268
Date: September 24, 2019; Expiration: October 24, 2019
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division,
501 Adesa Parkway, Suite 250,
Lenoir City, TN 37771;
(Attn: Brent Sewell)
SUBJECT: Proposed Discharge of Dredged and/or Fill Material into Waters of the United States (WOUS) associated with the Proposed Kelly Branch Mine, KDNR #848-0242 (AM 2)
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). The applicant has applied for an individual 401 certification from the Kentucky Department of Natural Resources (KDNR), pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT: Nally and Hamilton Enterprises Inc. (Nally and Hamilton)
P.O. Box 2323
London, KY 40741
AGENT:Biological Systems Consultants, Inc.
P.O. Box 54954
Lexington, KY 40555-4954
LOCATION: The streams are tributaries to the Upper Clover fork Cumberland River in Harlan County, Kentucky. The proposed project is located within the Upper Cloverfork watershed of the Cumberland River (HUC 051301010104). The Upper Cloverfork watershed size is approximately 31,969 acres. The
center coordinates for the mining operation are Latitude N 36.89874, Longitude W-83.027244. The project site can be found on the Louellen, KY 7.5 Minute quadrangle map.
DESCRIPTION OF THE PROPOSED WORK: Nally and Hamilton has applied for a Section 404 permit to discharge fill material into Mary Wynn Branch, Left Fork Kelly Branch and Kelly Branch. Proposed impacts to WOUS would occur due to contour and auger mining of the Low, Middle and Highsplint seams
covering an 848.67 acre mining site. The proposed mining plan includes the construction of two Hollow Fills (HF). The proposed mine plan will temporarily or permanently impact 8,219 linear feet of stream. Approximately 753’ of ephemeral stream (401’ for HF 1 and 352’ for HF 2), 2,262’ of intermittent stream (804’ for mine through areas, 1,379’ for HF 1 and 2, and 79’ for Pond 32), and 5,204’ of perennial stream (3,948’ for HF 1 and 2 and 1,256’ for mine through areas) would be impacted to facilitate surface coal mining.
Temporary impacts would occur as a result of mining through two streams totaling 1,317 linear feet. The project will temporarily impact an additional 1,329 linear feet of stream due to sediment ponds and the associated drainage corridors from the proposed hollowfills. The proposed mining project
would result in permanent impacts to 5,573’ of perennial, intermittent, and ephemeral streams for the construction of the two HFs.
Purpose and Need: According to the permit application, the purpose of the project is to develop a coal mine site to meet the market demand for coal and fulfill the related contracts and agreements.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant has proposed to minimize the placement of fill into WOUS by utilizing existing mining benches to place excess spoil material and maximizing backfill configurations in spoil storage areas. The applicant has proposed to construct all sediment ponds not associated with a HF in upland areas and use span crossings over Kelly Branch for the proposed haul road.
COMPENSATORY MITIGATION: In order to compensate for impacts to jurisdictional waters, the applicant is proposing a combination of onsite stream restoration and incremental in lieu fee payments. The applicant’s conceptual mitigation proposal is described as follows:
a. As part of the site reclamation process, impacts to the affected stream reaches would be compensated by reconstructing 7,593’ of streams impacted by the coal mining operation. Approximately 79’ of intermittent stream and 1,681’ of perennial stream would be reconstructed in the mine through areas. In addition 5,843’ of perennial, intermittent, and ephemeral stream would be constructed along the side drains of the hollowfills. All onsite
stream reconstruction efforts would utilize natural stream design techniques, substrate restoration, bank stabilization, and installation of in-stream habitat features. A minimum 50 foot vegetated riparian buffer zone would be established on each side of the restored stream segments. Plantings would consist of native plants, trees, and shrubs, and would be planted in a manner sufficient to ultimately provide adequate shading of the restored stream channel. The applicant would be responsible for monitoring, maintenance, and management of the compensatory mitigation project(s) for a period of ten years from completion of each phase of the mitigation work.
b. Using the Eastern Kentucky Stream Assessment Protocol (EKSAP), stream impacts that would occur from mining activities would result in the loss of 6,460 Ecological Integrity Units (EIU). Onsite compensatory mitigation efforts are projected to produce 5,893 EIUs after stream reconstruction efforts are completed (ten years). In addition to the onsite stream reconstruction efforts, the applicant proposes to purchase 729 EIUs to compensate for impacts to WOUS that could not be replaced by onsite compensatory mitigation. The KDFWR uses funds to accomplish stream an wetland restoration and enhancement projects approved by state and federal resource agencies.
Overall, the proposed mitigation efforts are intended to offset and restore functional stream values that would be lost or impacted as a result of project impacts and to compensate for temporal and other unavoidable losses associated with project activity. Plans of the work are attached.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food
and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need fora public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
ENDANGERED/THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): The applicant states the project was coordinated with the USFWS and it was determined the blackside dace (Phoxinus cumberlandensis), Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis), and gray bat (Myotis grisescens) were of special concern for the area. The applicant obtained a protection and enhancement plan from the USFWS for the protection of the blackside dace during the operation. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the
USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
HISTORIC AND CULTURAL RESOURCES: During 2007 and 2010, Phase I cultural resource surveys were conducted on behalf of the applicant for the proposed mining operation. The reports found no evidence of prehistoric or historic sites within the permit area. In a letter dated December 10, 2010, The Kentucky Heritage Council (KHC) concurred with the findings of the survey and determined No Historic Properties Affected within the undertaking’s area of potential effect. Based on the review of the permit application information, the Corps has determined that no historic properties listed in or eligible for listing in the National Register of Historic Places would be affected by this project. A copy of this notice is being sent to the office of the State Historic Preservation Officer for review.
ADDITIONAL INFORMATION: The mining operation is subject to the Surface Mining Control and Reclamation Act (SMCRA) which was enacted by Congress in 1977 to provide a comprehensive program to regulate surface coal mining and reclamation operations. For the purposes of SMCRA, the applicant has described the operation as a 848.67 acre mining site. KDNR is responsible for evaluating applications, including mining and reclamation plans, and issues permits to ensure that all surface coal mining operations in Kentucky meet the performance standards for environmental and public
protection and reclamation required under SMCRA. A copy of this notice is being furnished to the KDNR. Sections 401 and 402 of CWA programs also apply to surface coal mining activities where these activities may impact the chemical, physical, and biological integrity of the nation’s waters. Section 401 provides states with the authority to review and either deny or grant certification for any activities requiring a Federal permit or license, to ensure that they will not violate applicable state water quality standards. The applicant has applied for a Section 401 certification for the surface coal mining activities. Section 402 regulates point source discharges of pollutants into WOUS under the Kentucky Pollutant Discharge Elimination System
(KPDES) program. The applicant has obtained an Individual Section 402 Permit for Coal Mining Activities in the Commonwealth of Kentucky (KPDES No. KY0109134).
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received by October 24, 2019, will
become a part of the record and considered in the determination. Any response should be directed to the Regulatory Division, Attention: Mr. Brent Sewell, at the above address or at Brent.J.Sewell@usace.army.mil.
/S/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",51301010,,,,,Brent J Sewell,Brent.J.Sewell@usace.army.mil,,,,,,,,
1970945,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1970945/public-notice-no-19-14-a-file-no-lrn-2014-00124/,,lrn,Nashville District,Cheatham,-87.067433,36.266621,Public Notice No. 19-14-A,Public Notice No. 19-14-A; File No. LRN-2014-00124,,,,,,5,,,,"Project Plan Modification and Correction to File Number as advertised by Public Notice 19-14, dated May 7, 2019, for proposed conveyance of approximately 9.19 acres of U.S. Army Corps of Engineers (USACE) Cheatham Lock and Dam Project lands for construction of a flood control levee to protect A.O. Smith Facility, in Ashland City, Cheatham County, Tennessee
Public Notice No. 19-14-A
Nashville District
Corps Application No. LRN-2014-00124
Date: September 26, 2019;Expires: October 11, 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division
(Attn: Amy Robinson),
3701 Bell Road,
Nashville, TN 37214
SUBJECT: Project Plan Modification and Correction to File Number as advertised by Public Notice 19-14, dated May 7, 2019, for proposed conveyance of approximately 9.19 acres of U.S. Army Corps of Engineers (USACE) Cheatham Lock and Dam Project lands for construction of a flood control levee to
protect A.O. Smith Facility, in Ashland City, Cheatham County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In addition, a joint National Environmental Policy Act (NEPA) document will be prepared for the DA Permit and
USACE real estate conveyance action.
APPLICANT:A. O. Smith Corporation
500 Tennessee Waltz Parkway
Ashland City, Tennessee 37015
LOCATION: Tributaries and wetlands adjacent to Cumberland River Mile 185.4, right descending bank, Cheatham Lake, By Pass Road and Tennessee Waltz Parkway, in Ashland City, Cheatham County, TN (Latitude 36.266621°, Longitude -87.067433°)
DESCRIPTION OF ORIGINAL AND REVISED PROPOSAL: Public Notice 19-14, issued on May 7, 2019, advertised A.O. Smith’s original proposal to construct a 500-year flood protection levee for its facility in Ashland City, TN. Originally proposed, the work would have impacted 986.5 linear feet of streams and 3.67 acres of wetlands as shown in Table 1:
Table 1: Original Project Impact Table
Streams
Wetlands
ID
Impact
Impact
Type
ID
Impact
Impact
Type
Feet
Acres
Acres
STR-3
130
0.01
Encapsulation
WTL-1
0.41
Permanent Fill
STR -4
138
0.02
Encapsulation
WTL-2
0.08
Permanent Fill
STR -8
24
0.002
Relocation
WTL-3
0.01
Permanent Fill
STR -9
2.5
0.00005
Encapsulation
WTL-9
1.35
Permanent Fill
STR-10
137
0.03
Excavation
WTL-11
1.78
Permanent Fill
P STR-11
228
0.05
Excavation
WTL-12
0.04
Permanent Fill
I STR-11
327
0.08
Excavation
Totals
986.5
0.19
3.67
After expiration of Public Notice 19-14, the applicant researched design options to avoid and minimize project impacts. As a result, revised plans were submitted that involves relocating the borrow area to avoid Streams 10 and 11 that eliminated 692 linear feet (0.154 acres) of impacts on these streams. Other design adjustments to the project involve increases of fill to Wetland 1 by 0.01 acres (for access road to borrow area), Wetland 12 by 0.04 acres, Stream 8 by 24 linear feet, and Stream 9 by 1.5 linear feet (to construct a portion of earthen levee). The overall plan modifications result in a large reduction of stream impacts and a slight increase of wetland impacts from the original impacts. Revised totals are shown in Table 2 below:
Table 2: Revised Project Impact Table
Streams
Wetlands
ID
Impact
Impact
Type
ID
Impact
Impact
Type
Feet
Acres
Acres
STR-3
130
0.01
Encapsulation
WTL-1
0.42
Permanent Fill
STR-4
138
0.02
Encapsulation
WTL-2
0.08
Permanent Fill
STR-8
48
0.006
Relocation
WTL-3
0.02
Permanent Fill
STR-9
4
0.00005
Encapsulation
WTL-9
1.35
Permanent Fill
STR-10
0
0
Excavation
WTL-11
1.78
Permanent Fill
P STR-11
0
0
Excavation
WTL-12
0.08
Permanent Fill
I STR-11
0
0
Excavation
Totals
320
0.036
3.72
Net Change from Original Proposal
-666.5
-0.154
+0.05
Additionally, Public Notice 19-14 identified an incorrect file number for the project. The correct file number is LRN-2014-00124 which is referenced throughout this public notice.
The revised project plans are provided in this notice, Attachments 1-7.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The purpose and need of the project remains the same as the original project as advertised in Public Notice 19-14.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The proposed revisions avoid and minimize stream impacts by a total of 666.5 linear feet compared tothe original plans. Other design modifications involve a slight increase of total wetland impacts by 0.05 acre.
COMPENSATORY MITIGATION: A revised compensatory mitigation plan was submitted to offset the new stream and wetland impacts. A total of 268 linear feet (0.036 acre) of stream impacts (encapsulation of 130 linear feet (0.01 acre) of Stream 3 and 138 linear feet (0.02 acre) of Stream 4) are characterized as Cumberland River backwater/open water slough (lentic) areas. The applicant proposes to mitigate these impacts with onsite, in-kind lentic mitigation by converting the soil borrow area into a 6.0-acre (fishing) lake with fringe wetlands (approximate ratio of 200:1). When the soil borrow area is no longer needed, its banks would be shaped to 3:1 slopes banks and variety of depths, substrates, and habitats for fish, reptiles, amphibians, and benthic macroinvertebrates.Stream 8 (48 linear feet) would be relocated onsite and constructed using natural channel design principles that equal the length of channel to be relocated. Additional mitigation measures involve removing two existing bridges and provide restoration activities including bank stabilization on approximately 100 linear feet of Stream 7 (Puzzelfool Creek).
For wetland impacts, the revised compensatory mitigation will involve a combination of onsite, permittee-responsible mitigation and wetland mitigation bank credit purchase. Mitigation for 3.50 acres of the 3.72 acres of permanent wetland impacts includes creation of 12.41 acres (4:1 ratio) of wetlands on applicant-owned property in mitigation areas A and B, the preservation of 1.42 acres (10:1 ratio) of existing wetlands adjacent to mitigation areas A and B, and the preservation of 3.97 acres (15:1 ratio) of upland riparian buffer. The wetland creation would involve excavating higher areas of the Cumberland River floodplain adjacent to existing wetlands to a similar bottom elevation. Additionally, this will link the existing wetland areas into a larger wetland system resulting in the enhancement of habitat of onsite existing wetlands. The remaining 0.22 acre of permanent wetland impacts will be mitigated through the purchase of 0.44 credits (2:1 ratio) from the Swamp Road Wetland Mitigation Bank II. According to the applicant, the proposed mitigation plan would generate compensation equivalent to offset the loss of 3.72 acres of wetlands, create a larger, connected wetland system within the floodplain area, and increase existing wetland functions.
The proposed permittee-responsible mitigation plan for this project is on file in the Regulatory Division office.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit for the revised project plans will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. These interest factors and effects are the same as described in Public Notice 19-14.
SOLICITATION OF COMMENTS: The Corps is soliciting comments on the proposed revised plans from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, condition, or deny a permit for this proposal. Comments are used in the preparation of a joint Environmental Assessment (EA), supplemental EA, and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA).
HISTORIC AND CULTURAL RESOURCES: Coordination and concurrence for the levee project have previously been performed under Section 106 of the National Historic Preservation Act (NHPA). For the new borrow area, the applicant submitted an archaeological survey and its results for USACE’s
review. The Corps has provided copies of the report to the State Historic Preservation Office (SHPO), Tennessee Historical Commission (THC), and Tribes in association with Section 106 consultation, as necessary. A final determination for the borrow area is forthcoming. A copy of this notice is being sent to THC, SHPO, and Federally recognized tribes for their comments and consultation under Section 106 of the NHPA. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area, and the public.
THREATENED and ENDANGERED (T&E) SPECIES REVIEW: Coordination and concurrence for the levee project have previously been performed under Section 7 of the Endangered Species Act (ESA). This public notice serves as coordination with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the ESA of 1972 (as amended) and Fish and Wildlife Coordination Act for the new borrow site location. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the new borrow site due to past disturbances/agricultural uses. Per this
notification, we request comments from the USFWS concerning potential impacts to T&E species for the new borrow site location.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the revised project plans including:
1. Water quality certification must be provided by the State of Tennessee, Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341) prior to DA permit issuance.
2. USACE Real Estate Division approval for work on U.S. Government land.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by October 4, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference Corps Application No. LRN-2014-00124, and be directed to the Regulatory Division, Attn: Amy Robinson, at
the above address or email: amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder Chief,
West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
1979056,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1979056/public-notice-no-19-36-file-no-lrn-2019-00874/,,lrn,Nashville District,Robertson,,,Public Notice No. 19-36,Public Notice No. 19-36; File No. LRN-2019-00874,,,,,,,,,,"This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument (ILF Instrument) to include the Sturgeon Creek In-Lieu Fee Wetland Mitigation Project.
Public Notice No. 19-36
Nashville District
Application No. LRN-2019-00874
Date: October 4, 2019; Expires:November 3, 2019
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument (ILF Instrument) to include the Sturgeon Creek In-Lieu Fee Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Mitigation Fund
300 Orlando Avenue
Nashville, Tennessee 37209
BACKGROUND: The TMF Statewide Wetland In-Lieu Fee Program Instrument was approved on April 2, 2012 and modified on September 7, 2017, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Sturgeon Creek In-Lieu Fee Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu fee (ILF) program mitigation site. As such, we are issuing a public notice to solicit comments for the instrument modification due to the proposed addition of an ILF mitigation site.
PURPOSE: The Sturgeon Creek In-Lieu Fee Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Lower Cumberland River Geographic Service Area in accordance with TMF’s approved ILF Instrument. Wetland mitigation would be accomplished through the restoration and enhancement of 15.79 acres of wetland.
LOCATION: The Sturgeon Creek In-Lieu Fee Wetland Mitigation Project is located at central coordinates 36.549°, -87.016° off Chester Road approximately one-half mile west of Cedar Hill, Robertson County, Tennessee. The proposed project boundary is located within the Adams, Tennessee
USGS Topographic Quadrangle and consists of approximately 15.79 acres.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, re- establishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for Department of the Army permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the program. The IRT is chaired by the U.S. Army Corps of Engineers (Corps). The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. Th IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to restore 10.63 acres of wetlands by partially filling the ditches and plugging the outlets to increase the frequency and duration of site hydrology, as well as increase the lateral extent of site hydrology, resulting in a gain of both aquatic resource area and function. Planting native hydrophytic vegetation after construction activities will assist in converting the pastureland and rehabilitate the natural, historic functions of the wetland area.The sponsor also proposes to enhance 5.16 acres of farmed wetland by planting native hydrophytic tree and shrub species and end livestock grazing and mowing activities.
Table 1: Sturgeon Creek Project Summary of Mitigation Approach
The wetland credits would be allocated to the Lower Cumberland River Geographic Service Area (See Exhibit A).
Details are contained in the Sturgeon Creek In-Lieu Fee Wetland Mitigation Project Plan dated October 2019. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.Information in the plan would serve as the basis for deriving and releasing credits for the ILF
program.
HISTORIC AND CULTURAL RESOURCES: The Corps has reviewed the latest published version of the National Register of Historic Places, lists of properties determined eligible and other sources of information. No historic resources were identified within two (2) miles of the proposed project site in Robertson County, Tennessee. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, the Corps will evaluate potentialimpacts and consult with the State Historic Preservation Office (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic
Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of federally-listed species that are known to or believed to occur in Robertson County, Tennessee identified the following list:
Species Nomenclature
Federal Status
Clams
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Tan Riffleshell (Epioblasma floretina walkeri)
Endangered
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalis)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to U.S. Fish & Wildlife Service (USFWS) for their review. After receipt of any comments, the Corps will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by DA permits. That determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mark G. McIntosh at the above address or email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineer",,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
1984428,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1984428/public-notice-no-19-37-file-no-lrn-2019-00728/,,lrn,Nashville District,Wilson,,,Public Notice No. 19-37,Public Notice No. 19-37; File No. LRN-2019-00728,,,,,,1617,,,,"Proposed Discharge of Fill Material into 0.5 acres of Wetlands and into 1617 linear feet (0.05 acres) of Unnamed Tributaries of Cedar Creek Associated with the Construction of Commercial Warehouse in Wilson County, Tennessee
Public Notice No. 19-37
Nashville District
Application No. LRN-2019-00728
Date: October 9, 2019;Expires: November 8, 2019
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch,
3701 Bell Road,
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed Discharge of Fill Material into 0.5 acres of Wetlands and into 1617 linear feet (0.05 acres) of Unnamed Tributaries of Cedar Creek Associated with the Construction of Commercial Warehouse in Wilson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated..
APPLICANT: Panattoni Development Company
C/O Mr. Hayne Hamilton
35 Music Square East, Suite 301
Nashville, Tennessee 37203
LOCATION: The site is located southwest of the intersection of East Division and the on/off ramp to Golden Bear Parkway, Mt. Juliet, Wilson County, Tennessee USGS Quadrangle: Martha, TN. Latitude 36.1919; Longitude -86.4799.
DESCRIPTION: The applicant has proposed to discharge fill material into 0.5 acres of wetlands and into 860 linear feet of intermittent streams and 757 linear feet of ephemeral streams for a total of 1617 linear feet (0.05 acres) of stream impacts. The proposed discharge of fill material into waters of the United States is associated with the construction of a commercial warehouse development on an 87 acre site in Mt. Juliet, Wilson County, Tennessee.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the proposed project is to construct a commercial warehouse development.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: In order to compensate for impacts to jurisdictional waters, the applicant proposes to purchase stream mitigation credits from the Cumberland River Compact (CRC) and wetland mitigation credits from the Tennessee Mitigation Fund (TMF). The applicant has reserved 1.12 wetland credits from the TMF and 968 SQT Functional Feet credits from the CRC.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting commentsfrom the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest
of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The applicant’s consultant submitted a cultural resource survey “Archaeological and Historic Resources Identification Survey Hardy/Morfield Property Mount Juliet, Wilson County, Tennessee”. USACE is providing a copy of the report along with our evaluation regarding identification and effects to historical properties to the Tennessee State Historic Preservation Officer and other consulting parties prior to making a final determination regarding effects to historic properties. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Wilson County, Tennessee.
Common Name
Scientific Name
Pink Mucket
Lampsilis abrupta
Appalachian monkeyface
Quadrula sparsa
Dromedary pearlymussel
Dromus dromas
Orangefoot pimpleback
Plethobasus cooperianus
Cumberlandian combshell
Epioblasma brevidens
Fanshell
Cyprogenia stegaria
White Wartyback (pearlymussel)
Plethobasus cicatricosus
Tubercled blossom (pearlymussel)
Epioblasma torulosa torulosa
Rough Pigtoe
Pleurobema plenum
Ring Pink
Obovaria retusa
Indiana bat
Myotis sodalis
Gray bat
Myotis grisescens
Northern Long-Eared Bat
Myotis septentrionalis
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may berequired for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before November 8, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
1997406,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1997406/draft-environmental-assessment-for-a-proposed-update-of-the-cordell-hull-lake-m/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for a Proposed Update of the Cordell Hull Lake Master Plan; Smith, Jackson, and Clay Counties, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Cordell Hull Lake Master Plan.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Cordell Hull Lake Master Plan. Primary authorized purposes for Cordell Hull Lake include hydroelectric power production, navigation and recreation. Resources are also managed to improve fish and wildlife habitat and provide water supply for surrounding municipalities. The Cordell Hull Dam is located at Cumberland River mile 313.5, approximately 5.3 miles upstream from the town of Carthage, Tennessee.",,,,,,,,,,,,,,,
2066649,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2066649/public-notice-no-lrn-20-02-file-no-lrn-2018-00469/,,lrn,Nashville District,Campbell,,,Public Notice No. LRN-20-02,Public Notice No. LRN-20-02; File No. LRN-2018-00469,,,,,,300,,,,"Proposed Commercial Floating Dock with Boat Slips and 300 Linear Feet of Riprap Bank Stabilization, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee (Revision of Public Notice LRN-18-26)
Public Notice No. LRN-20-02
Nashville District
Application No. LRN-2018-00469
Date: January 27, 2020;Expires: February 26, 2020
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office
(Attn: Cara Beverly)
501 Adesa Pkwy,
Suite 250,
Lenoir City, TN 37771
SUBJECT: Proposed Commercial Floating Dock with Boat Slips and 300 Linear Feet of Riprap Bank Stabilization, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee (Revision of Public Notice LRN-18-26)
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors and Section 404 of the Clean Water Act. Before a permit can be issued, certification must be provided by the Tennessee Department of
Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(a) (1) of the CWA, that applicable state water quality standards will not be violated by the work. The workalso requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT(S): Robert L. Woodson III
P.O. Box 1468
La Follette, TN 37766
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within Deerfield Resort on Norris Reservoir, Powell River Mile 8.0R, Campbell County, Tennessee. The project is located on Norris Reservoir within the Cedar Creek 060102060408 HUC-12 watershed. The project site can be found on the Demory and White Hollow, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct a commercial marina consisting of approximately 52 boat slips. The proposal includes the construction of two floating, covered structures measuring 274ft x 68ft and 202ft x 68ft, totaling 52 individual slips. The structures will be constructed of galvanized steel with metal roofing and treated wood walkways. Additionally, the applicant proposes to install 300 linear feet of riprap along the shoreline. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant had stated impacts to Norris Reservoir were minimized during the design phase as minimal impacts are expected with the floating structures and riprap.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips and minor riprap.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE
to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal forcompliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Pink mucket (Lampsilis abrupta)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Fishes
Snail darter (Percina tanasi)
Threatened
Spotfin Chub ((Erimonax monachus)
Laurel dace (Chrosomus saylori)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
b. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before February 26, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2018-00469 and be directed to the East Regulatory Branch, Attention:
Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102060,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,,,,,,,
2066698,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2066698/public-notice-no-lrn-20-03-file-no-lrn-2005-00410/,,lrn,Nashville District,Campbell,,,Public Notice No. LRN-20-03,Public Notice No. LRN-20-03; File No. LRN-2005-00410,,,,,,800,,,,"Proposed Commercial Floating Dock with Boat Slips and Approximately 800 Linear Feet of Riprap, Powell River Mile 8.0R, Norris Lake, Campbell Co., Tennessee (Deer Harbor) (Revision of Public Notice LRN-18-25)
Public Notice No. LRN-20-03
Nashville District
Application No. LRN-2005-00410
Date: January 27, 2020;Expires: February 26, 2020
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy,
Suite 250,
Lenoir City, TN 37771
SUBJECT: Proposed Commercial Floating Dock with Boat Slips and Approximately 800 Linear Feet of Riprap, Powell River Mile 8.0R, Norris Lake, Campbell Co., Tennessee (Deer Harbor) (Revision of Public Notice LRN-18-25)
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors and Section 404 of the Clean Water Act. Before a permit can be issued, certification must be provided by the Tennessee Department of
Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(a) (1) of the CWA, that applicable state water quality standards will not be violated by the work. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley
Authority Act.
APPLICANT(S): Parc Properties, LLC
1235 Deerfield Way
La Follette, TN 37766
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within Deerfield Resort on Norris Reservoir, Powell River Mile 8.0R, Campbell County, Tennessee. The project is located on Norris Reservoir within the Cedar Creek 060102060408 HUC-12 watershed. The project site can be found on the Demory and White Hollow, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct additional floating covered docks with boat slips within Deer Harbor (formerly Deer Hill Village). The applicant proposes to construct the additional structures in phases with each phase consisting of a 159ft x 66ft galvanized dock with 24 individual slips. The existing 48 boat slips will be reoriented to allow construction of new facilities. The site will consist of 288 slips once completed. The applicant also proposes to install approximately 800 linear feet of riprap in addition to the existing 600 linear feet of existing riprap for a total of approximately 1,400 linear feet. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant has stated impacts to Norris Reservoir were minimized during the design phase as the overall project will be constructed in phases once slips are occupied reducing the initial footprint of impacts.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips and riprap.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of
the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE
to determine whether to issue, modify, conditions or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal forcompliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Cumberlandian combshell (Epioblasma brevidens)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Fluted kidneyshell (Ptychobranchus subtentum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Oyster mussel (Epioblasma capsaeformis)
Endangered
Rough rabbitsfoot (Quadrula cylindrical strigillata)
Endangered
Sheepnose mussel (Plethobasus cyphyus)
Endangered
Shiny pigtoe (Fusconaia cor)
Endangered
Fishes
Spotfin chub (Erimonax monachus)
Threatened
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared bat (Myotis septentrionalis)
Threatened
Acopy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
b. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before February 26, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2005-00410 and be directed to the East Regulatory Branch, Attention:
Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102060,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,,,,,,,
2069670,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2069670/public-notice-no-20-01-file-no-lrn-2012-01077/,,lrn,Nashville District,Cheatham,,,Public Notice No. 20-01,Public Notice No. 20-01; File No. LRN-2012-01077,,,,,,,,,,"SUBJECT: Proposed Barge Terminal, Fleeting, Dredging, Bank Stabilization, Wetland Impacts, and Stream Relocation associated with Construction of a Multi-Modal Terminal at Cumberland River Mile 162.0, Right Descending Bank, Cheatham Lake, in Ashland City, Cheatham County, Tennessee
Public Notice No. 20-01
Nashville District
Application No. LRN-2012-01077
Date: January 30, 2020;Expires: February 29, 2020
Please address all comments to:
Nashville District U.S. Army Corps of Engineers (USACE)
Regulatory Branch (Attn: Amy Robinson)
3701 Bell Road
Nashville, TN 37214
Email: amy.m.robinson@usace.army.mil.
SUBJECT: Proposed Barge Terminal, Fleeting, Dredging, Bank Stabilization, Wetland Impacts, and Stream Relocation associated with Construction of a Multi-Modal Terminal at Cumberland River Mile 162.0, Right Descending Bank, Cheatham Lake, in Ashland City, Cheatham County, Tennessee
TO ALL CONCERNED: This project has been submitted for a Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States and for approval of a Consent to Easement on Government flowage easement.
APPLICANT: Logistic Services Inc.
Alabama State Docks Blvd
Building 55
P.O. Box 2188
Mobile, AL 36652
LOCATION: Proposed Barge Terminal, Fleeting Area, Dredging, Bank Stabilization, Wetland Fill, and Channel Relocation associated with Construction of a Multi-Modal Terminal at Cumberland River Mile 162.0, Right Descending Bank, Cheatham Lake, in Ashland City, Cheatham County, Tennessee (latitude
36.231936; longitude- 87.027341). USGS Quad Ashland City, TN. Cumberland River Navigation Chart #23.
DESCRIPTION: The applicant proposes a multi-modal terminal facility along approximately 1,670 linear-feet of river frontage and associated upland facilities at the subject location. The terminal facilities would provide storage and handling for the export and import of dry bulk commodities transferred to and from the site by barge, rail, and truck. The proposed barge terminal would involve construction of two crane pads and five mooring dolphins for barge fleeting for a total of 12 barges. Construction of the proposed upland facilities would involve wetland and stream impacts. These facilities would consist of storage and operation buildings, holding and staging areas, access roads, associated infrastructure, and construction of a rail spur and train staging lines. Overall, the new facility would involve the following proposed impacts:
1. Barge Terminal: Two crane pads would be constructed along the river bank as open cell systems consisting of vertically arranged and driven interlocking sheet piles. The “upriver” crane pad would extend riverward a maximum of 69 linear- feet from the ordinary high water mark (OHWM)
Elevation 390’ for Cheatham Lake and 104 linear-feet with a breasted loaded barge and top pad elevation of 398’ (see Sheets 4 and 11). The “downriver” crane pad would extend riverward a maximum of 62 linear-feet from the OHWM and 97 linear-feet with a breasted loaded barge and top pad
elevation of 400’ (see Sheets 6 and 13). The applicant anticipates loading/offloading 3 to 4 barges per week.
2. Fleeting Area: Five mooring dolphins would be installed in the Cumberland River for a fleeting area. Each dolphin would consist of a 5-foot diameter steel pipe driven to bedrock and filled with concrete. The dolphins would provide anchorage for a proposed barge fleeting area consisting of 3 wide by 4 long configuration, for a total of 12 barges, located along the river bank between the crane pads (see Sheets 7, 8, 9, and 12). The barge fleet would extend riverward 149 linear-feet which allows for approximately 467 linear-feet of navigable waterway.
3. Dredging: In order to accommodate the fleeted barges, the river bottom would be dredged in between the two proposed crane pads. The area to be dredged would range from 44 to 66 linear-feet wide by 1,153 linear-feet long to bottom elevation 370’ (approximately 15 linear-feet depth) for an
estimated 6,403 cubic yards (see Sheets 7, 8, and 9). The dredged material would be placed onsite in a contained area, allowed to dry, then utilized on the property.
4. Wetland Impacts: To accommodate construction of the upland facilities, a discharge of fill material into a total of 4.30 acres of wetlands would occur at the following sites: 2.14 acres of WTL-1, 0.23 acres of WTL-2, 1.53 acres of WTL- 3, 0.39 acres of WTL-4, and 0.001 acres of WTL-5 (see Sheet 2). Approximately 0.75 acres of wetlands would remain undisturbed. To offset wetland impacts, the applicant proposes compensatory mitigation by purchasing 8.6 wetland mitigation credits (2:1 ratio) from the Tennessee Mitigation Fund, Lower Cumberland River Service Area.
5. Stream Relocation: Approximately 1,157 linear-feet of an unnamed, ephemeral channel would be relocated to accommodate construction of the upland facilities. A new channel, approximately 1,635 linear-feet long, would be constructed along the northern and western property boundary resulting in a net gain of 478 linear-feet of channel. The applicant states the proposed relocation coincides with the historical location of the channel before it was channelized and relocated by past development and agricultural uses. Additionally, natural stream channel characteristics would
be incorporated into the new channel design along with a vegetated, natural buffer area (see Sheets 2, 14, and 15).
6. Stabilization: Placement of rock riprap is proposed to provide armor at each crane pad to prevent scour from tug boat activity and to protect the river bank along the fleeting area. The rock would extend approximately 15 linear-feet on the upstream and downstream sides of the crane pads, and 35 linear-feet in the front of each crane pad. Approximately 1,000 linear-feet of riprap would be placed along the fleeting area and would extend 3 linear-feet below the OHWM at a 2:1 slope.
7. Vegetation: The riparian vegetation along the river bank would be removed in areas required toaccess the barge terminal and fleeting areas. Approximately 632 linear-feet of riparian vegetation would be permanently removed and 275 linear-feet temporarily removed (see Sheets 7, 8, 9, and 10).
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The purpose of the proposed project is to provide loading and off-loading facilities for dry and steel commodities by barge, rail, and truck transportation. One of the main criteria of the facility is river access for the barge terminal and fleeting area which are water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:The original plans submitted for the proposed project have been modified to minimize potential impacts on navigation, government property, tree removal, threatened and endangered species, wetlands, and stream impacts. Originally, proposed wetland impacts was 4.63 acres but were reduced to 4.30 acres by reconfiguring the layout. Stream impacts originally involved total encapsulation of the unnamed tributary, 1,157 linear-feet, but the plans were modified to relocate the stream within a new 1,635 linear- feet channel, for a gain of 478 linear-feet. Additionally, a vegetated buffer area will be constructed along both stream banks. The configuration of the barge terminal and fleeting area were located as such to minimize navigation impacts. Additional onsite mitigation measures will be employed during and after construction.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: In a pre-application meeting, USACE Staff Archeologist recommended that a Phase I cultural resources survey should be conducted on portions of the property not previously investigated. Portions of the 40- acre parcel had been covered by a previous Phase I survey, resulting in negative results. Under separate cover, the Corps will provide copies of the Phase I cultural resource report to the SHPO and interested Tribes in association with Section 106 consultation.
A copy of this notice is being sent to Tennessee Historical Commission, the State Historic Preservation Office (SHPO), and Federally recognized tribes for their comments and consultation under Section 106 of the National Historic Preservation Act. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area, and the public.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any
designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/) identified the following federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/Scientific Name
Status
Determination
Plants
Short’s Bladderpod/ Physaria globosa
E
May affect; not likely to adversely affect
Mammal
Indiana bat / Myotis sodalis
E
May affect; not likely to adversely affect
Mammal
Gray bat / Myotis grisescens
E
May affect; not likely to adversely affect
Mammal
Northern Long-Eared Bat (NLEB) /
Myotis septentrionalis
T
May affect; not likely to adversely affect
Clams
Cumberlandian Combshell /
Epioblasma brevidens
E
May affect; not likely to adversely affect
Clams
Orangefoot Pimpleback (Pearlymussel) / Plethobasus cooperianus
E
May affect; not likely to adversely affect
Clams
Pink Mucket (Pearlymussel) / Lampsillis abrupta
E
May affect; not likely to adversely affect
Clams
Ring Pink / Obovaria retusa
E
May affect; not likely to adversely affect
Due to potential criticalhabitat presence of aquatic mussel species, a reconnaissance survey is needed to assess potential mussel habitat including investigating the substrate and depth of the river bottom in the footprint of the proposed impact. Survey results would be reported to the Corps and shared with U.S. Fish and Wildlife Service (USFWS), Tennessee Wildlife Resources Agency (TWRA), and state of Tennessee Department of Environment and Conservation.
A habitat assessment was performed of the project site in January 2018 for federally listed bat species. Marginal habitat was found on the site but does occur within known swarming habitat for the NLEB. There are no known occurrence records for the Indiana bat. To determine presence or absence of listed bat species, a mist net survey of the site, consisting of 9 net-nights, was performed and results documented by a report dated June 6, 2019. Only one eastern red bat was captured within the project area and no federal listed T&E bat species.
No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work include, but not limited to:
a. Consent to Easement from USACE Real Estate Office.
b. Water Quality Certification from the State of Tennessee, Department of Environment and Conservation (TDEC), is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson, at the above
address, telephone 615-369-7506, or email amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above address or email at: amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
2076946,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2076946/public-notice-no-20-05-file-no-lrn-2020-00030/,,lrn,Nashville District,Cannon,,,This notice announces a prospectus has been submitted for the development of the Lucky Landing Stream Mitigation Bank pursuant to 33 CFR 332,Public Notice No. 20-05 : File No. LRN-2020-00030,,,,,,10699,,,,"This notice announces a prospectus has been submitted for the development of the Lucky Landing Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 20-05
Nashville District
Application No. LRN-2020-00030
Date: February 6, 2020; Expires: March 7, 2020
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, Tennessee 37214
SUBJECT: This notice announces a prospectus has been submitted for the development of the Lucky Landing Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: KCI Technologies
500 11th Avenue North, Suite 290
Nashville, TN 37204
LOCATION: The proposed Lucky Landing Stream Mitigation Bank (LLSMB) comprises approximately 30 acres in Cannon County, Tennessee (Figure 1). The site is approximately 1.3 miles southwest of Bradyville, TN within in the Stones River basin (8- digit HUC 05130203), and is located in the Interior Plateau Level III Ecoregion. The proposed mitigation project would restore approximately 2 miles (± 10,699 linear feet) of intermittent and perennial stream channels in the Brawleys Fork watershed, which is a tributary of the Stones River that ultimately drains into the Cumberland River.
PURPOSE: The LLSMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Stones River (05130203), and secondary service areas of Cheatham Lake (05130202) and the Harpeth River (05130204).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The streams proposed for restoration are currently channelized with poor riparian buffer habitat, and have unrestricted cattle access. The watershed supporting the streams within the project is approximately 0.61 mi2. The watershed land use is approximately 75% forest, 22% pasture, 3% impervious, and <1% open water. Additionally, there are currently no impaired streams listed on the 303 (d) list within the catchment area. See Table 1 for a listing of the existing and proposed stream lengths, as well proposed functional lift from the proposed LLSMB.
The project prospectus can be viewed by emailing Mr. Ryan Evans at: Ryan.Evans@usace.army.mil.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian
Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
Proposed Functional Lift from the Proposed Project
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project:
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by March 7, 2020 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130202, 05130203, 05130204",,,,,Ryan Evans,Ryan.Evans@usace.army.mil,,,,,,,,
2079788,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2079788/public-notice-no-20-06-file-no-lrn-2019-00998/,,lrn,Nashville District,Marion,,,Public Notice No. 20-06,Public Notice No. 20-06; File No. LRN-2019-00998,,,,,,,,,,"This notice announces a prospectus has been submitted for the development of the Sequatchie Valley Wetland Mitigation Bank – Phase II pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9,2008).
Public Notice No. 20-06
Nashville District
Application No. LRN-2019-00998
Date: February 10, 2020; Expires: March 11, 2020
Please address commentsto:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Sequatchie Valley Wetland Mitigation Bank – Phase II pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9,2008).
BANK SPONSOR: H and T Holdings, LLC.
Mr. Karl Wagner 5741 Rivoli Drive
Macon, Georgia 31210
(478) 361-8220
LOCATION: The proposed Sequatchie Valley Wetland Mitigation Bank – Phase II (SVWMB II) proposes to add a 38.42 acre parcel (Figure 1) to the existing Sequatchie Wetland Mitigation Bank off Highway 28 near the intersection with Hackworth Road in Marion County, Tennessee (35.246383°, -85.462152°).
The property is located along the Sequatchie River, which flows directly into the Guntersville Lake impoundment of the Tennessee River.
PURPOSE: The SVWMB II proposes to provide compensatory wetland mitigation for permitted impacts within the primary geographic service area of the Sequatchie River (06020004) and secondary service areas of the 6 abutting HUC 8 Watersheds: Middle Tennessee-Chickamauga (06020001), Guntersville Lake (06030001), Upper Elk (06030003), Collins (05130707), Emory (06010208), and Watts Bar Lake (06010201).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The SVWMB II Prospectus proposes to return 54.59 acres of hardwood forested wetlands to the area by restoring natural hydrology and planting native wetland hardwood trees. The mitigation project also proposes to enhance and preserve 53.85 acres of non-wetland buffer by reducing invasive species such as Bradford pear (Pyrus calleryana), Privet (Ligustrum spp.) and Johnson grass (Sorghum halepense) and to preserve 62.48 acres of existing wetlands. See Table 1 for a listing of the proposed mitigation approaches and credit calculation.
The project prospectus can be viewed by clicking here.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian
Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic propertiesand cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
Table 1. Proposed Phase II Wetland Mitigation Credit Calculation
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project (Table 2):
Table 2. Potential Endangered and Threatened Species in the Proposed Project Group
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat / Myotis sodalis
Endangered
Mammal
Northern Long-eared Bat / Myotis septentrionalis
Threatened
Fish
Snail Darter / Percina tanasi
Threatened
Clam
Finerayed Pigtoe / Fusconaia cuneolus
Endangered
Clam
Spectaclecase (mussel) / Cumberlandia monodonta
Endangered
Snail
Anthony's Riversnail / Athearnia anthonyi
Endangered
Snail
Royal Marstonia (snail) / Pyrgulopsis ogmorhaphe
Endangered
Plants
Large-flowered Skullcap/ Scutellaria montana
Endangered
Plants
Price''s Potato-bean / Apios priceana
Endangered
Plants
White Fringeless Orchid / Platanthera integrilabia
Endangered
Plants
American Hart’s tongue fern /
Asplenium scolopendrium var. americanum
Endangered
Slabside Pearlymussel / Pleuronaia dolabelloides – Critical Habitat Only
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by March 11, 2020 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention:
Ms. Katie Alston at the above address or by email: katherine.c.alston@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130707, 06010201, 06010208, 06020001, 06020004, 06030001, 06030003",,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
2082493,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2082493/public-notice-no-lrn-20-09-file-no-lrn-2004-00247/,,lrn,Nashville District,Morgan,,,Public Notice No. LRN-20-09,Public Notice No. LRN-20-09; File No. LRN-2004-00247,,,,,,506,,,,"Proposed Discharge of Fill for Heraeus Metals Expansion Project, Wartburg, Morgan County, Tennessee
Public Notice No. LRN-20-09
Nashville District Corps of Engineers
Application No. LRN-2004-00247
Date: February 12, 2020;Expires: March 13, 2020
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office
(Attn: Ken M. Jones)
501 Adesa Pkwy,Suite 250,
Lenoir City, TN37771
SUBJECT: Proposed Discharge of Fill for Heraeus Metals Expansion Project, Wartburg, Morgan County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC)
Division of Water Resources pursuant to Section 401(a) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Morgan County Economic Development Board
Attn: Mr. Alfred Branim
P.O. Box 979
Wartburg, TN 37887
LOCATION: The proposed project is located between 1975 Old Knoxville Highway in Wartburg, Tennessee. The proposed impacts occur in Flat Fork Watershed, Emory River Mile 24.2R, Morgan County, Tennessee. The project is located within the Crooked Fork Watershed HUC-12 060102080403. The project site can be found on the Camp Austin, Tennessee 7.5 Minute quadrangle map. See Attachment 1.
DESCRIPTION: The applicant proposes to fill 1.74 acres of emergent wetland as part of the proposed expansion of the existing Heraeus Metals facility in Wartburg, Tennessee. The proposed expansion is on property owned by the Morgan County Economic Development Board and is adjacent to the existing facility. The applicant originally proposed to expand by filling 1.26 acres of wetlands and encapsulating 506 linear feet of stream channel. The project has been modified to only impact 1.74 acres of delineated wetland, and completely avoid stream impacts. The proposed project involves wetland impacts as detailed in Attachment 1. Project plans are provided in this notice (Attachment 2). If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated the proposed building footprint and access road were configured to reduce work in waters of the U.S. and stream impacts were completely avoided during the design phase.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for impacts to 1.74 acres of wetland impacts through the purchase of 3.48 in-lieu fee credits from the Tennessee Mitigation Fund.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE
to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned n findings of historic properties currently listed on the National Register of Historic Places within th project area. A Phase I cultural/archaeological survey has not been conducted for the site. The Corps invites responses to this public notice from American Indian Tribes or tribal governments Federal, State, and local agencies; historical and archeological societies; and other parties likely t have knowledge of or concerns regarding historic properties and cultural significance at or near th project area. Upon submittal of the final design plans, USACE would evaluate the design plan along with any substantive comments from this public notice to determine the potential of impact to historic and cultural resources for Section 106 compliance. If the Corps determines tha consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the NationalHistori Preservation Act, as appropriate.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the consultant, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Cumberland Bean (pearlymussel) (Villosa Trabalis)
Endangered
Alabama Lampmussel (Lampsilis virescens)
Endangered
Purple Bean (Villosa perpurpurea)
Endangered
Turgid Blossom (pearlymussel) (Epioblasma turgidula)
Endangered
Fishes
Spotfin Chub (Erimonax monachus)
Threatened
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Cumberland Rosemary (Conradina verticillata)
Threatened
Cumberland Sandwort (Arenaria cumberlandensis)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before March 13, 2020, will become a part of the record and will be considered in the determination. Any response to thisnotice should reference LRN-2004-00247 and be directed to the Regulatory Branch, Attention: Ken M. Jones, at the above address or email at ken.m.jones@usace.army.mil.
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102080,,,,,Ken M Jones,ken.m.jones@usace.army.mil,,,,,,,,
2087960,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2087960/public-notice-no-20-07-file-no-lrn-2019-00942/,,lrn,Nashville District,Limestone,-86.82226,34.67012,Public Notice No. 20-07,Public Notice No. 20-07; File No. LRN-2019-00942,,,,,,,,,,"Proposed Discharge of Fill Material into Waters of the United States Associated with the Construction of a New Bridge and Approach Fills in Huntsville, Limestone County, Alabama. The New Bridge is Necessary Due to the Realignment of Approximately One Mile of Old Highway 20.
Public Notice No. 20-07
Nashville District
Application No. LRN-2019-00942
Date: February 19, 2020
All comments should be received no later than 30 days from the date of this notice.
Please address all comments to:
Nashville District Corps of Engineers
Western Regulatory Field Office
2424 Danville Road SW, Suite N
Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the United States Associated with the Construction of a New Bridge and Approach Fills in Huntsville, Limestone County, Alabama. The New Bridge is Necessary Due to the Realignment of Approximately One Mile of Old Highway 20.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Before a permit can be issued, certification must be provided by the State of Alabama, Department of Environmental Management (ADEM), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: City of Huntsville
Attn: Ms. Kathy Martin
PO Box 308
Huntsville, Alabama 35805
LOCATION: The project is located at Beaverdam Creek, south of the existing Old Highway 20 alignment in Huntsville, Limestone County, Alabama. Within the project are wetlands adjacent Beaverdam Creek, a tributary to the Tennessee River Mile 310.7, Right Bank. USGS Quadrangle – Greenbrier, AL; Latitude 34.67012°N, Longitude 86.82226°W. (HUC 06030002).
EXISTING CONDITIONS: The Corps permit area consists of a mixture of forested and emergent wetland, Beaverdam Creek, upland forest, and existing road alignment. The surrounding land use is rural with a mixture of forest and agricultural land. The wetland within the project area is mostly young forest and with a small amount of emergent wetland maintained through mowing practices.
WORK PROPOSED: The proposed project involves the permanent discharge of fill material into 1.75 acres of wetland. The proposed discharge of fill would facilitate construction of the road realignment east of Beaverdam Creek. No structures or fill activities are proposed within Beaverdam Creek to construct the span bridge.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Wetlands are widespread along Beaverdam Creek both north and south of the existing Old Highway 20 road alignment which makes avoidance of wetland impacts impossible with any realignment. Direct impacts to Beaverdam Creek will be avoided with the proposed span bridge.
COMPENSATORY MITIGATION PROPOSAL: The applicant proposes to offset the proposed permanent impacts to 1.75 wetland acres through the acquisition of 3.5 wetland credits from Robinson Spring Mitigation Bank in Jackson County, Alabama, whose service area includes the project location.
NEPA PROJECT PURPOSE AND NEED: The purpose for the project is to increase the traffic capacity of Old Highway 20 in the Greenbrier community of Huntsville, Alabama. The rapidly developing industrial facilities and residences in the area has increased the need for additional road transportation capacity.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers is soliciting comments from the public;federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A Phase I cultural resources survey was conducted within the Corps’ permit area. Based on the results of the survey, the Corps determined that the proposed project will result in “no adverse effect to historic properties” for the Corps permit area. By letter dated, January 3, 2020, (AHC 2020-0300), the Alabama Historical Commission concurred with the Corps’ effect determination.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the AHC and Native American Tribes.
ENDANGERED/THREATENED SPECIES REVIEW: Based on a review of the U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/), the following federally-listed species are known to or believed to occur in the project area.
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• FISHES: Spring Pygmy Sunfish (Elassoma alabamae) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe (Pleurobema plenum) (E)
• SNAILS: Armored Snail (Pyrgulospis pachyta) (E); Slender Campeloma (Campeloma decampi) (E)
A copy of this notice is being furnished to the USFWS for their review. After receipt of anycomments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Alabama is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days (March 20, 2020) from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, and/or email at william.e.sinclair@usace.army.mil. It is not necessary to comment separately to ADEM since copies of all comments will be sent to them and become part of their records on the proposal.
If you received this notice by mail and wish to view all of the attachments, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone 256-350-5620, or email william.e.sinclair@usace.army.mil.
/s/
Timothy C. Wilder \
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",06030002,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,,,,,,,
2104529,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2104529/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment and Unsigned Finding of No Significant Impact for Middlesboro Channel Clearing Project; Bell County, Kentucky",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess environmental effects associated with continued Operation and Maintenance (O&M) activities related to the Middlesboro Local Flood Protection Project (Middlesboro Project).
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess environmental effects associated with continued Operation and Maintenance (O&M) activities related to the Middlesboro Local Flood Protection Project (Middlesboro Project). The Middlesboro Project was constructed in 1939 to protect the community of Middlesboro from flooding by diverting flow from Yellow Creek and tributaries around the city by a series of levees along a manmade diversion channel. The channel design facilitates deposition of stream bedload requiring periodic sediment removal and other O&M activities to maintain capacity to pass flood flows. O&M of the channel would address floodwater conveyance concerns.",,,,,,,,,,,,,,,
2113484,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2113484/public-notice-no-20-10-file-no-lrn-2020-00230/,,lrn,Nashville District,Roane,,,Public Notice No. 20-10,Public Notice No. 20-10; File No. LRN-2020-00230,,,,,,,,,,"This notice announces a request to modify the Tennessee Mitigation Fund (TWF) In-Lieu Fee (ILF) Instrument to include the Paint Rock Creek Wetland Mitigation Project.
Public Notice No. 20-10
Nashville District
Application No. LRN-2020-00230
Date: March 13, 2020 Expires: April 12, 2020
Please address comments to:
Nashville District Corps ofEngineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Mitigation Fund (TWF) In-Lieu Fee (ILF) Instrument to include the Paint Rock Creek Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Mitigation Fund
300 Orlando Avenue
Nashville, TN 37209
LOCATION: The project site is located off Myrtle Ward Road in a rural setting 5 miles west of Loudon, in Roane County, Tennessee. This site lies within the Paint Rock Creek watershed (12-digit HUC 060102010305) and the Ridge and Valley (67F) Level III eco-region. Coordinates to the downstream project limits are N35.743, W-84.505. The wetlands can be identified on the Pattie Gap, TN USGS 7.5 minute quadrangle map.
PROJECT DESCRIPTION: The sponsor proposes to provide 12.96 wetland mitigation credits by creating, restoring, enhancing, and preserving 23.32 acres of wetlands within the Paint Rock Creek watershed. These credits will be allocated to the Upper Tennessee Geographic Service Area, which encompasses the Watts Bar Lake (06010201 8-digit HUC.
Details of the mitigation plan are contained in the Paint Rock Wetland Mitigation Project Prospectus dated March 2020. The plan can be viewed by emailing Mr. Brent Sewell at: Brent.J.Sewell@usace.army.mil. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
BACKGROUND: The TWF ILF Instrument was approved on September 7, 2017, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Paint Rock Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu-fee program mitigation site. As such, we are issuing this public notice to solicit comments for the instrument modification for addition of an in-lieu fee mitigation site.
PURPOSE: The Paint Rock Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Upper Tennessee Geographic Service Area in accordance with TWF’s approved ILF Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an
ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the TWF. The IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environment and Conservation (TDEC)
pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that onsultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The sponsor has reviewed the U.S. Fish & Wildlife Service (the Service) IPAC report to obtain an official list of federally listed species that have the potential to occur within the project area, or be impacted by the project. The report indicates that the following species may be located within the project area:
· gray bat (Myotis grisescens)
· Indiana bat (Myotis sodalis)
· northern long-eared bat (Myotis septentrionalis)
· snail darter (Percina tanasi)
· orangefoot pimpleback (Plethobasus cooperianus)
· pink mucket (Lampsilis abrupta)
· Anthony’s riversnail (Athearnia anthonyi)
· Virginia spiraea (Spiraea virginiana)
· white fringeless orchid (Platanthera integrilabia
At this early stage in the regulatory process, USACE cannot complete an effects determination for endangered species. Upon submittal of the design plans, USACE would evaluate the design plans to define the project action area. USACE would evaluate the potential effects to listed species and initiate consultation with the U.S. Fish & Wildlife Service, as appropriate.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Brent Sewell at the above address or via email: Brent.J.Sewell@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010201, 60102010",,,,,Brent J Sewell,Brent.J.Sewell@usace.army.mil,,,,,,,,
2113747,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2113747/public-notice-20-04-file-no-lrn-2019-00546/,,lrn,Nashville District,,,,Public Notice 20-04,Public Notice 20-04; File No. LRN-2019-00546,,,,,,20869,,,,"This notice announces a prospectus has been submitted for the development of the Upper Cumberland Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 20-04
Nashville District
Application No. LRN-2019-00546
Date: March 16, 2020; Expires: April 15, 2020
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division,
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Upper Cumberland Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses ofAquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Hamilton Holdings, LTD
109 South 4thStreet
Bardstown, KY 40004
LOCATION: The proposed Upper Cumberland Stream Mitigation Bank (UCSMB) comprises approximately 91 acres in Harlan Co., KY (Figure 1). The site is approximately 1.4 miles south of Pathfork, KY within in the Upper Cumberland River basin (8-digit HUC 05130101), and is located in the Central
Appalachians Level III Ecoregion. The proposed mitigation project would restore approximately 4 miles (± 20,869 linear feet) of ephemeral, intermittent, and perennial stream channels in the Path Fork watershed, which is a tributary of Puckett Creek that ultimately drains into the Cumberland River.
PURPOSE: The UCSMB proposes to provide compensatory stream mitigation for permitted impacts within the Upper Cumberland River 8 Digit HUC unit (05130101), which is the primary service area. The secondary service areas include portions of the Rockcastle (05130102) Upper Cumberland-Lake
Cumberland (05130103), and South Fork Cumberland River (05130104) 8 digit HUC units.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as theInteragency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The proposed mitigation activities at UCMB will improve habitat and water quality conditions in the Path Fork and Puckett Creek watersheds. The mitigation work at the site will contribute to the cumulative watershed-level restoration and protection of these natural resources. This watershed has historically experienced impacts from various anthropogenic sources such as coal mining, natural gas, and logging. Puckett Creek supports populations of Blackside dace (Chrosomus cumberlandensis), a federally threatened fish species. The other nearest known population of Blackside Dace is located approximately 2 miles south of the project site in the Brownies Creek watershed. Therefore, the proposed project would also support and contribute to the maintenance and recovery of the potential habitat for this unique species.
The project prospectus can be viewed by emailing Mr. Ryan Evans at:ryan.evans@usace.army.mil.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian
Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service
(USFWS) website, http://ecos.fws.gov/ipac identified the following federally- listed species that
are known to or believed to occur in the vicinity of the proposed project (Table 2):
Table 2. Potential Endangered and Threatened Species in the Proposed Project
Species Nomenclature
Federal Status
Mammals
Gray Bat (Myotis griescens)
Endangered
Indiana Bat (Myotis sodalis)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Fishes
Blackside Dace (Chrosomus cumberlandensis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by April 15, 2020 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention:
Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Todd N. Tillinger
Chief, Regulatory Division
U.S. Army Corps of Engineers","05130101, 05130102, 05130103, 05130104",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2114222,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2114222/public-notice-no-20-22-file-no-lrn-2020-00215/,,lrn,Nashville District,Rutherford,-86.3676,35.7939,Public Notice No. 20-22,Public Notice No. 20-22; File No. LRN-2020-00215,,,,,,167,,,,"Proposed discharge of fill material into 167 feet of an Unnamed Tributary of Lytle Branch and 1.05 acres of wetlands adjacent to an Unnamed Tributaries of Lytle Branch associated with the construction of a proposed distribution warehouse development and supporting infrastructure in
Murfreesboro, Rutherford County, Tennessee
Public Notice No. 20-22
Nashville District
Application No. LRN-2020-00215
Date: March 17, 2020;Expires: April 17, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch
3701 Bell Road
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge of fill material into 167 feet of an Unnamed Tributary of Lytle Branch and 1.05 acres of wetlands adjacent to an Unnamed Tributaries of Lytle Branch associated with the construction of a proposed distribution warehouse development and supporting infrastructure in
Murfreesboro, Rutherford County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: Prologis
C/O Mr. Mike Carrico
6650 Telecom Drive, Suite 250
Indianapolis, Indiana 46278
LOCATION: The site of the proposed discharge of fill material into 167 feet of an Unnamed Tributary of Lytle Branch and 1.05 acres of wetlands adjacent to an Unnamed Tributaries of Lytle Branch is located along Elam Farms Parkway, Murfreesboro, Rutherford County, Tennessee. USGS
Quadrangle: Dillton, TN. Latitude: 35.7939, Longitude: -86.3676
DESCRIPTION: The applicant has proposed to discharge of fill material into 167 linear feet of an Unnamed Tributary of Lytle Branch and 1.05 acres of wetland adjacent to an Unnamed Tributary of Lytle Branch associated with the construction of a proposed distribution warehouse development and
supporting infrastructure in Murfreesboro, Rutherford County, Tennessee. The project consists of a single-phase commercial development comprising two buildings (Building 1 - 305,760 sq. ft.; Building 2 - 798,560 sq. ft.) and associated parking and required detention basins. The site is dominated by scrub- shrub and forest habitats. The site has been historically disturbed, and a building pad already exists on the site.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the proposed project is to provide office and distribution warehouse space for a commercial delivery company to service Murfreesboro and the surrounding area.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant proposes compensatory wetland mitigation through the purchase of wetland mitigation credits from the Swamp Road Mitigation Bank and purchase stream credits from the Cumberland River Compact.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Rutherford County, Tennessee.
Common Name
Scientific Name
Nashville crayfish
(Orconectes shoupi)
Orangemacre Muckett
(Lampsilis perovalis)
Tan riffleshell
(Epioblasma florentina walkeri (=E. walkeri)
Cumberland comshell
(Epioblasma brevidens)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Short's bladderpod
(Physaria globosa)
Leafy prairie-clover
(Dalea foliosa)
Price’s potato bean
(Apios priceana)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatenedand/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before April 17, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder, Chief West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
2122629,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2122629/public-notice-no-20-24-file-no-lrn-2000-01400/,,lrn,Nashville District,Livingston,-88.258333,37.186389,Public Notice No. 20-24,Public Notice No. 20-24; File No. LRN-2000-01400,,,,,,100,,,,"Permit Modification for a Proposed Replacement of an Existing Truck Load- out Terminal to a Conveyor System at Cumberland River Mile 14.5, in Salem, Livingston County, Kentucky
Public Notice No. 20-24
Nashville District
Application No. LRN-2000-01400
Date: March 23, 2020; Expires: April 7, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division (Attn: Amy Robinson),
3701 Bell Road,
Nashville, TN 37214
SUBJECT: Permit Modification for a Proposed Replacement of an Existing Truck Load- out Terminal to a Conveyor System at Cumberland River Mile 14.5, in Salem, Livingston County, Kentucky
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbor Act of 1899. In addition, a joint National Environmental Policy Act (NEPA) document will be prepared for the DA Permit modification.
APPLICANT:Pine Bluff Sand & Gravel Company
780 Spencer Road
Salem, KY 42078
LOCATION: Permit Modification at Pine Bluff Sand & Gravel Company’s Existing Barge Facility located at Cumberland River Mile 14.5, right bank, in Salem, Livingston County, Kentucky (latitude 37.186389°, longitude -88.258333°)
DESCRIPTION OF ORIGINAL AND REVISED PROPOSAL: The proposed work consists of modifying the applicant’s existing barge facility from a truck load-out to a conveyor load-out system. The existing load-out terminal consists of a 50-foot by 195- foot jumbo barge secured to the shoreline by deadmen. The proposal involves replacing the existing barge with a 35-foot by 195-foot standard barge and anchored by spuds and the two existing deadmen. Two spuds would be centered at the aft and bow of the barge and would be 36-inch diameter in size and 75 feet long. The new conveyor and barge would be placed within the same footprint and maintain the existing riverward extension of approximately 100 linear feet. No dredging or additional fleeting is needed. The applicant states the proposed facility would not increase production or barge traffic and is proposed to improve safety andstability.
Background: The original DA permit was issued in 2001 to a previous owner, Cumberland River Resources, for construction of the existing fixed barge loadout terminal.
In 2011, a modification to the permit authorized construction of a second and third loadout consisting of a floating dock barge anchored with a ramp and stringout barges on either side and the general fleeting of 120 barges utilizing 34 deadman anchors. Abiological opinion issued with the modification, required placement of 4,100 linear feet of riprap along the river bank behind the fleeting areas which was installed in 2016.
In 2014, a modification authorized construction of eight mooring cells at CRM 14.4R.
On March 14, 2017, a DA permit modification changed barge fleeting at two locations from three rows (3 x 5) to five rows (5 x 5) resulting in fleeting of 20 additional barges. The proposal was advertised by Public Notice 16-31 on September 28, 2016.
Plans of the project modifications are provided in this notice.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: According to the applicant, the proposed modification would improve the loadout terminal’s stability and safety. Due to the varying water elevations especially during high water events at the project location, the spuds would allow the barge to easily rise and fall. The deadmen anchors would work as a secondary anchorage method. The applicant also stated no increase in production or barge traffic would result from the proposed work.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The proposed modification is an improvement to an existing terminal and offers adequate water depths for work barge and moored barge. No additional disturbance of the site would be necessary for the modification of a truck loadout terminal to a spud barge with conveyor system. Any additional disturbance to the river bottom would be from the physical location of the two spuds. The proposed modification is to improve stability and in turn improve safety for commercial navigation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit modification will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest.
SOLICITATION OF COMMENTS: The Corps is soliciting comments on the proposed revised plans from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, condition, or deny a permit modification for this proposal. Comments are used in the preparation of a supplemental Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA).
HISTORIC AND CULTURAL RESOURCES: In 2001, the permittee conducted a Phase 1 survey of the loadout terminal area. USACE determined the action would not adversely impact cultural properties eligible for listing in the National Register of Historic Places (NRHP). Coordination with the State Historic Preservation Office (SHPO) was performed and by letter in February 2010, they concurred with the project. The proposed modification is to be placed within the same footprint of the existing terminal and would not involve any additional disturbances of upland areas. Additionally, no dredging would be performed and the only river bottom impact (14.1 square feet) would be from the placement of two spuds (approximately 14.1 square feet). Based on the small impact area, this office determines the proposed modification would not adversely impact cultural properties eligible for listing in the NRHP. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area, and the public.
THREATENED and ENDANGERED (T&E) SPECIES REVIEW: In 2010, a mussel survey of the project site was performed and the result of the nearest transect to the barge, A-23 at mile 14.4, yielded zero mussels from 0-30 meters, 5 mussels from 30-40 meters (not endangered or threatened) and zero mussels from 40-50 meters. The proposed replacement will extend from 23 meters to 30 meters from the shoreline and no mussels were discovered in this area. Based on the past survey result and the very Additionally, the U.S. Fish and Wildlife Service (USFWS) issued a “Biological Opinion on the Pine Bluff Sand and Gravel Project, Cumberland River Mile 13.5 to 15.1, Right Bank, Livingston County, Kentucky, and its effects on the endangered fat pocketbook mussel (Potamilus capax)” (FWS #2010-B-0829). The biological opinion (BO) concluded that twelve fat pocketbook mussels and 7.2 acres of habitat could be taken as a result of the proposed action. For mitigation, the permittee agreed to special conditions, including making a contribution ($23,880) to the Kentucky Waterways Alliance, Kentucky Aquatic Resources Fund, and armoring 4,100 linear feet of shoreline behind the fleeting areas with riprap. USACE also determined the proposed project will have no adverse effect on the Prices Potato Bean plant, the Indiana Bat, northern long- eared bat, and Gray Bat. With this current modification request, USACE has determined the proposed expansion is located within an existing disturbed area and currently operating terminal and is located within the previously covered 7.2 acres of habitat impact area, and the impact area is very small (14.1 square feet), and that the findings provided in the original BO remain valid, the environmental baseline for the overall action has not changed, and the modified action would not result in additional adverse effects on federally listed mussels. USACE is re-initiating consultation with the USFWS necessary to fulfill our obligations under Section 7 of the Endangered Species Act. Per this notification, we request comments from the USFWS concerning potential impacts to T&E species for the proposed modification.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the revised project plans including:
1. While not required for DA permit issuance, the commonwealth of Kentucky, Division of Water, advised the applicant a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341) is required for the proposed modification.
2. In accordance with USACE’s obligation and procedures under Section 408 of the Rivers and Harbors Act, Engineer Circular (EC) 1165-2-216, dated July 31, 2014, Policy and Procedural Guidance for Processing Request to Alter U.S. Army Corps of Engineers Civil Works Projects pursuant to 33 USC 408, the USACE must determine if the proposed work will impair the usefulness of the federal commercial navigation project and/or be injurious to the public interest.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by April 7, 2020, will become a part of the record and considered in the determination. Any response to this notice should reference Corps Application No. LRN-2000-01400, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above address or email: amy.m.robinson@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
2123506,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2123506/special-public-notice-no-20-27/,,lrn,Nashville District,,,,Special Public Notice No. 20-27,Special Public Notice No. 20-27,,,,,,,,,,"REGULATORY ACTIVITIES DURING THE COVID-19 PANDEMIC
The Nashville District is providing this Special Public Notice to inform the Public and our Federal and State partners of our activities during the current COVID-19 pandemic.
Special Public Notice
Nashville District
Public Notice No. 20-27
Date: March 24, 2020
SUBJECT: REGULATORY ACTIVITIES DURING THE COVID-19 PANDEMIC
TO ALL CONCERNED: The Nashville District is providing this Special Public Notice to inform the Public and our Federal and Stare partners of our activities during the current COVID-19 pandemic.
The safety of the Public, the Nashville Regulatory Division employees, and the prevention of the spread of COVID-19 are our prime concerns. We have implemented the following measures for the duration of the COVID-19 Emergency:
• All Regulatory Division offices are closed. These include the Nashville Regulatory Division Office in Nashville, TN; the Western Regulatory Field Office in Decatur, AL; and the Eastern Regulatory Field Office in Lenoir City, TN.
• All Regulatory Division staff remain on duty at off-site locations. E-mail will be the most reliable meas of contacting individual staff members.
• In-person meetings and field visits are suspended for the duration of the COVID-19 Emergency.
• We are accepting new applications, mitigation proposals, and jurisdictional determination requests electronically. Please submit all new to requests to NashvilleRegulatory@usace.army.mil.
• You may send us files too large for email, up to 8 GB in size, through the DoD SAFE (Secure Access File Exchange) site at https://safe.apps.mil/. Send us an email at NashvilleRegulatory@usace.army.mil to request an access code to use the DoD SAFE site for each set of documents you would like to send us. Include ""drop-off request"" in the subject line of the email. Do not send paper copies of documents sent to us electronically.
• Paper copies of applications sent by Mail or a parcel delivery service might not be delivered while our offices are closed, but will be processed once offices reopen.
• We are continuing to review all pending permit applications, mitigation proposals, and jurisdictional determination requests.
There have been no changes in the requirements associated with our authorities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. We will continue to fully implement the requirements associated with these authorities during this pandemic.",,,,,,Nashvilleregulatory,NashvilleRegulatory@usace.army.mil,,,,,,,,
2133524,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2133524/public-notice-no-20-28-file-no-lrn-2011-00338/,,lrn,Nashville District,Madison,,,Public Notice No 20-28,Public Notice No 20-28; File No. LRN-2011-00338,,,,,,6893,,,,"This notice announces a Draft Mitigation Banking Instrument (DMBI) has been submitted for the development of the Goldsmith-Schiffman Wildlife Sanctuary Wetland Mitigation Bank (GSWMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008. This proposed project was previously advertised as PN 12-22, ending August 10, 2012. This Public
Notice serves as an update to the proposed project.
Public NoticeNo 20-28
Nashville District
File No. LRN-2011-00338
Date April 2, 2020
Please address all comments to:
Nashville District, Army Corps of Engineers,
Regulatory Division
1301 Riverfront Parkway,
Chattanooga, Tennessee 37402
Attention: Aric Payne
SUBJECT: This notice announces a Draft Mitigation Banking Instrument (DMBI) has been submitted for the development of the Goldsmith-Schiffman Wildlife Sanctuary Wetland Mitigation Bank (GSWMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008. This proposed project was previously advertised as PN 12-22, ending August 10, 2012. This Public
Notice serves as an update to the proposed project.
BANK SPONSOR: City of Huntsville, Alabama
Landscape Management Division
308 Fountain Circle
Huntsville, Alabama 35801
Attention: Ms. Joy McKee, Director
LOCATION: The proposed GSWMB would be within the Goldsmith-Schiffman Wildlife Sanctuary located in the City of Huntsville, Madison County, Alabama, Flint River Mile 15 Right Bank, Wheeler Lake Watershed (USGS HUC 06030002). USGS Quadrangle maps: Moontown and New Hope, Alabama. Latitude: N 34.63277º Longitude: W 86.47389º.
PURPOSE: The proposed GSWMB proposes to provide compensatory wetland and stream mitigation for permitted impacts by the City of Huntsville within the Huntsville City Limits.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by DA permits
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a single-client bank, providing compensatory mitigation for sole use by the City of Huntsville. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (Corps). The primary role of the
IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the Corps.
Approval of the use of the bank for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Alabama Department of Environmental Management (ADEM) pursuant to Section 401 of the CWA and/or
applicable state of Alabama statute(s) and regulation(s). The Corps and ADEM provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation.
PROJECT DESCRIPTION: The GSWMB DMBI objectives of the Bank site are to restore 69.49 acres of wetlands, enhance 14.93 acres of existing wetlands and preserve an additional 101.28 acres of existing wetlands. In addition, the DMBI proposes to preserve 6,893 linear feet of streams. The remaining acreage consists of non-credit generating buffers and trails. The proposed restoration and enhancement activities would re-connect floodplain wetlands with the Flint River, re-establish wetlands, and should improve water quality, hydrologic function, floodplain, habitat and riparian functions surrounded by an urbanized area. The work would be designed to improve a broad range of ecological functions including wetland habitat, water quality and hydrology. See Table 1 for the proposed mitigation approaches and credit calculation.
Habitat Type
Mitigation Type
Acreage/Linear Feet
Credit Ratio
Mitigation Credits
Uplands, Fields 1-4
Restoration
69.49 acres
1:1
69.49
Jurisdictional Wetlands,
Fields 1-4
Enhancement
14.93 acres
3:1
4.98
Forested Wetland
Preservation
101.28 acres
10:1
10.128
Perennial Streams
Preservation
6,893 linear feet
10:1
689.3
Forested Buffer
None
195.86 acres
N/A
N/A
HISTORIC AND CULTURAL RESOURCES: A Phase I archaeological survey was conducted in September 2009 on the entire 390 acre Goldsmith-Schiffman Wildlife Sanctuary. The survey resulted in the discovery of one new site, and review of one previously documented site. Under separate cover, the
Corps will provide copies of the Phase I cultural resource report to the State Historic Preservation Office and interested Tribes in association with Section 106 consultation. A copy of this notice is being sent to the Alabama Historical Commission, the SHPO, and Federally recognized tribes for their comments and consultation under Section 106 of the National Historic Preservation Act. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archaeological societies; parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area, and the public.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Fishes
Snail Darter (Percina tanasi)
Endangered
Clams
Pink mucket (Lampsilis abrupta)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Slender Campeloma (Campeloma decampi)
Endangered
Crustaceans
Alabama Cave Shrimp (Palaemonias alabamae)
Endangered
Plants
Morefield’s Leather Flower (Clematis morefieldii)
Endangered
Price’s Potato-bean (Apios priceana)
Threatened
A copy of this notice is being furnished to US Fish and Wildlife Service for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act, as amended. Initiation of
formal consultation procedures with the USFWS is not planned at this time.
COMMENT PERIOD: Written statements received in this office on or before May 2, 2020 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Mr. Aric Payne, at the above address, or by email aric.j.payne@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",06030002,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
2133972,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2133972/public-notice-no-20-29-file-no-lrn-2019-00307/,,lrn,Nashville District,Sumner,-36.3991,395.0,Public Notice No. 20-29,Public Notice No. 20-29; File No. LRN-2019-00307,,,,,,,,,,"Proposed Discharge of fill material into 0.61 acre of wetlands and 800 feet of Unnamed Tributaries to Upper Station Camp Creek in association with the construction of Liberty Creek School in Sumner County, Tennessee
Public Notice No. 20-29
Nashville District
Application No. LRN-2019-00307
Date April 2, 2020; Expires May 2, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch,
3701 Bell Road,
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed Discharge of fill material into 0.61 acre of wetlands and 800 feet of Unnamed Tributaries to Upper Station Camp Creek in association with the construction of Liberty Creek School in Sumner County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: Sumner County Board of Education
C/O Mr. Don Long
395 East Main Street
Gallatin, Tennessee 37066
LOCATION: The site of the proposed discharge of fill material into 0.61 acre of wetlands and 800 feet of Unnamed Tributaries to Upper Station Camp Creek is located along the west side of Upper Station Creek Road, approximately 1.1 miles north of its intersection with Long Hollow Pike in Sumner County, Tennessee. USGS Quadrangle: Cottontown, TN. Latitude: 36.3991, Longitude: -86.5703
DESCRIPTION: The applicant has proposed to discharge of fill material into 0.61 acre of wetlands and 800 feet of Unnamed Tributaries to Upper Station Camp Creek (462 feet of intermittent/perennial streams and 338 feet of ephemeral streams). The discharge of fill material is associated with the
proposed 270-acre Liberty Creek School Campus in Sumner County, Tennessee. The school campus would be comprised of an elementary school, middle school, high school, and sports facilities. The development of the site will also require the construction of roadway/utility crossings.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the proposed project is to provide educational and athletic facilities for upwards of 3,400 students within Sumner County. Sumner County is a rapidly growing area within Middle Tennessee and the projected need for additional
educational facilities is based on existing and currently approved home lots and the amount of properties that have already been zoned for future residential development. The school would provide state-of-the-art facilities for the academic and athletic development of children in grades K-12.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they designed the proposed layout in an effort to avoid and minimize impacts to aquatic resources to the maximum extent practicable. The sizing of the educational buildings is largely dictated by their maximum capacity and there are limited options to modify the layouts or orientations of these structures due to safety concerns. The proximity of the athletic facilities to the educational buildings and parking is necessary for accessibility of students during school hours and for patrons attending athletic events.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant proposes compensatory wetland mitigation through the purchase of wetland mitigation credits from the TMF In-Lieu Fee Program and provide stream mitigation through on-site permittee responsible stream mitigation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and
the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest
of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Sumner County, Tennessee.
Common Name
Scientific Name
Fanshell
(Cyprogenia stegaria)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Appalachian monkeyface
(Quadrula sparsa)
Dromedary pearlymussel
(Dromus dromas)
Ring pink (mussel)
(Obovaria retusa)
White Wartyback
(Plethobasus cicatricosus)
Tubercled blossom
(Epioblasma torulosa torulosa)
Cumberland comshell
(Epioblasma brevidens)
Rough Pigtoe
(Pleurobema plenum)
Orangefoot pimpleback
(Plethobasus cooperianus)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species lsted (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before May 2, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder Chief,
West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
2138379,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2138379/special-public-notice-no-20-23-permit-no-20-rgp-02/,,lrn,Nashville District,,,,Special Public Notice No. 20-23,Special Public Notice No. 20-23; Permit No. 20 RGP-02,,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District (Corps) proposes to issue Regional General Permit (RGP) 20-02 for installation of structures and discharges of fill material into waters of the United States associated with management of exotic invasive aquatic species within the Nashville District regulatory boundaries. The Corps District Engineer proposes to issue the RGP for a period of five years.
Special Public Notice
Nashville District
Special Public Notice No. 20-23
Permit No. 20 RGP-02
Date: April 7, 2020; Expires: May 7, 2020
Please address comments to:
U.S. Army Corps of Engineers,
Nashville District
Regulatory Division,
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: The U.S. Army Corps of Engineers, Nashville District (Corps) proposes to issue Regional General Permit (RGP) 20-02 for installation of structures and discharges of fill material into waters of the United States associated with management of exotic invasive aquatic species within the Nashville District regulatory boundaries. The Corps District Engineer proposes to issue the RGP for a period of five years.
PURPOSE: The purpose of the RGP issuance is to provide Department of the Army authorization for activities associated with exotic invasive aquatic species management that cause no more than minimal individual and cumulative adverse environmental effects.
PROPOSED ACTIVITES: All proposals for consideration under the RGP will be reviewed by the Corps in accordance with the permit conditions and application procedures listed below. RGP 20-02 would authorize structures or fills designed to permanently or temporarily isolate or limit the spread of
populations of exotic invasive aquatic species for resource management purposes. Proposals for permanent structures must include an evaluation of maintenance needs associated with the control structure, including bedload and debris accumulation.
AUTHORITIES: The Regional General Permit, if issued, would provide authorization for activities associated with the management of exotic invasive aquatic species that would require Department of the Army authorization under Section 404 of the Clean Water Act (33 U.S.C. 1344) and/or Section 10
of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
SECTION 401 WATER QUALITY CERTIFICATION: Certification for the RGP is being requested from the following agencies:
- State of Alabama, Department of Environmental Management
- Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet
- Commonwealth of Virginia, Department of Environmental Quality
- State of Mississippi, Department of Environmental Quality
- State of Tennessee, Department of Environment and Conservation
This public notice serves as notification to these agencies for their certification.
OTHER APPROVALS: The Tennessee Valley Authority (TVA) administers its Section 26a authority underPart 1304 of Title 18 of the Code of Federal Regulations (C.F.R.). Section 26a of the Tennessee Valley Authority (TVA) Act (16 U.S.C. §§ 831, et seq., as amended) requires that TVA approval be
obtained prior to construction, operation or maintenance of any dam, appurtenant works, or other obstruction affecting navigation, flood control, public lands, or reservations across, along or in the Tennessee River or any of its tributaries.
HISTORIC AND CULTURAL RESOURCES: The Corps will comply with the National Historic Preservation Act of 1966, as amended, and procedures set forth in Appendix C of 33 CFR part 325. The Corps will conduct a case by case review as projects are proposed. The Corps will evaluate input by the State
Historic Preservation Office, Tribal Historic Preservation Officers, Indian Tribes and the public in response to this public notice. An activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places will not be authorized by this regional general permit until the Corps has complied with the provisions of Appendix C.
ENDANGERED/THREATENED SPECIES REVIEW: In compliance with the Endangered Species Act (ESA), the Corps will evaluate every proposed project and make an individual effect determination. In order to complete our evaluation of this proposal, comments are solicited from the U.S. Fish and Wildlife
Service (FWS) and other interested agencies and individuals. If an individual activity proposed for authorization by this RGP may affect a species designated as threatened or endangered or adversely affect critical habitat, the Corps will consult with FWS before completing the permit determination.
EVALUATION FACTORS: The decision to issue the RGP will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposal on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The
benefits which reasonably may be expected to accrue must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety; food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of this proposal on the public interest will include application of the guidelines promulgated by the administrator of the Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act (40 C.F.R.; Part 230).
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, federal, state, and local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposal. Any comments received will be considered by the Corps to determine whether to reissue the RGP. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposal.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office by May 7, 2020 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan
Evans at the above address or by email: ryan.evans@usace.army.mil.
PERMIT CONDITIONS:
1. The time limit for completing the work authorized ends two (2) years from the date authorization of each project. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 45 days prior to the expiration date.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 20 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. The activities authorized by the RGP will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. If the Permittee or the Permittee’s contractors discover any federally listed threatened or endangered species and/or their habitat while accomplishing work or activities authorized by the RGP, the Corps shall be immediately notified. If applicable, the permittee is also responsible for compliance with applicable terms and conditions of TVA issued 26.a Permit regarding federally listed endangered species.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification will be attached if approved.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
7. All construction debris will be disposed of on land in such a manner that it cannot enter a waterway, wetland, or other aquatic area.
8. Equipment for handling and conveying materials during construction must be operated to prevent unplanned and unapproved dumping or spilling of material into the waterway. All equipment must be cleaned of any oil, grease and debris prior to entering waterway.
9. Prevent materials spilled or stored on shore from washing into the water as a result of cleanupactivities, natural runoff, or flooding.
10. Perform all work in the waterway in a manner that minimizes suspended solids and turbidity.
11. Utilize only clean material free from excessive fines in order to avoid excessive localturbidity, unless the approved fill material is fine-grained.
12. All erosion control blanket or fabric used in or adjacent to waters of the U.S. must be biodegradable to ensure decomposition. Do not use material that includes a stabilized netting oropen mesh, as those products take a long time to degrade and trap small animals, birds, amphibians and fish. This prohibition also applies to mesh materials used for wattles, rolled materials, and bank wraps. Erosion control blanket or fabrics must break down within 24 months Use of non-degradable fabric can be allowed on a case-by-case basis if it is buried and is unlikely to be exposed.
13. Limit clearing of riparian or wetland vegetation to the absolute minimum necessary. Where temporary riparian or wetland vegetation impacts are unavoidable, it must be mowed or cut off above the ground and the topsoil and root mass must be left intact. The ground must then be restored to its original contours. Utilize seeding and planting as necessary to re-establishdesirable vegetative cover, utilizing native species in areas where native species were impacted.
14. Mitigation will be required for unavoidable adverse impacts to jurisdictional wetlands and streams. The permittee will be required to mitigate wetland and streams loss in accordance with the most recent Corps guidance and policy.
15. Place all dredged or excavated materials, with the exception of that authorized herein, onupland areas and in such a manner as to not re-enter any aquatic area.
16. Appropriate soil erosion and sediment controls must be used and maintained in effectiveoperating condition during construction, and all exposed soil and other fills, as well as any workbelow the ordinary high water mark, must be permanently stabilized at the earliest practicabledate. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow.
17. The permittee is responsible for all work accomplished in accordance with the terms and conditions of this authorization. If a contractor or other authorized representative will beaccomplishing the work hereby authorized in behalf of the permittee, such parties shall beprovided a copy of this authorization so they are aware of the terms and conditions. An activitywhich fails to comply with the terms and conditions of this authorization will be consideredunauthorized and all responsible parties will be subject to appropriate enforcement action.
18. The permittee is responsible for all work accomplished in accordance with the terms andconditions of this authorization. If a contractor or other authorized representative will beaccomplishing the work hereby authorized in behalf of the permittee, such parties shall beprovided a copy of this authorization so they are aware of the terms and conditions. An activitywhich fails to comply with the terms and conditions of this authorization will be consideredunauthorized and all responsible parties will be subject to appropriate enforcement action.
19. Navigation:
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(c) To protect the interests of the United States under Section 10 of the Rivers and Harbors Actin the Nashville District's navigable waters, the permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of such removal or alteration.
20. If the permittee sells the property associated with this RGP, the permittee may transfer the permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the RGP verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this RGP and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”
21. This verification is valid for two years from the date of issuance. If you commence or are under contract to commence this activity before the date that this RGP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the RGP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d).
____________________________________________________________________
(Transferee)
APPLICATION PROCEDURES:
1. To receive consideration under this Regional General Permit, the applicant will be required to submit a Notice of Intent to construct a particular project to:
U.S. Army Corps of Engineers Nashville District
Regulatory Division 3701 Bell Road
Nashville, TN 37214
Phone: (615)-369-7500
2. The Notice of Intent submitted by the applicant must clearly describe the proposed work in order for the Nashville District to clearly determine whether or not the proposed work complies with the terms, conditions, and limitations of this General Permit.
Applications must contain the following information:
a) A cover letter describing the proposed work and indicating how the anticipated work will be accomplished;
b) A design plan showing the size and location of the proposed structures and fill material proposed to be placed within waters for the United States and their relationship to other proposed or existing structures;
c) A clearly marked site location map which includes latitude/longitude information, a scale bar, and a northing arrow.
3. Projects that otherwise meet the terms of this Regional General Permit will not be authorized if they adversely impact any of the following resources:
a) Historic, cultural, or archeological sites or practices as provided in the National Historic Preservation Act of 1966;
b) Sites included in the National Register of Natural Landmarks which are published periodically in the Federal Register;
c) Sites included in the most current listing of the National Register of Historic Places or sites known to be eligible for such listing and all monthly supplements as published periodically in the Federal Register;
d) Projects which would cut off or block tributaries, oxbows, side channels, chutes or other backwater areas unless such blockage is designed to isolate exotic invasive aquatic species populations for beneficial aquatic ecosystem management purposes; and
e) Projects on federally designated Wild and Scenic Rivers (unless written approval is granted by the managing agency).
4. The cumulative impacts of this Regional General Permit may be subject to reevaluation at the discretion of the District Engineer at any time, but will be reevaluated at least every five (5) years.",,,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2141857,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2141857/public-notice-no-20-30-file-no-lrn-2018-00932/,,lrn,Nashville District,Rutherford,-86.3948,36.7224,Public Notice No. 20-30,Public Notice No. 20-30; File No. LRN-2018-00932,,,,,,,,,,"Proposed Discharge of Fill Material into 0.99 acre of waters of the US, which includes 0.28 acre open water pond and 0.71 acre wetlands adjacent to Long Creek in association with the construction of a residential development, Rucker Landing, in Rutherford County, Tennessee
Public Notice No. 20-30
Nashville District
Application No. LRN-2018-00932
Date: April 9,2020;Expires: May 9, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division,
3701 Bell Road,
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed Discharge of Fill Material into 0.99 acre of waters of the US, which includes 0.28 acre open water pond and 0.71 acre wetlands adjacent to Long Creek in association with the construction of a residential development, Rucker Landing, in Rutherford County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: MH Way, LLCs
C/O Mr. Larry Gilliland
PO Box 463
Murfreesboro, Tennessee 37133
LOCATION: The site of the proposed discharge of fill material into 0.99 acre of waters of the US is located along the south side of Rucker Road, approximately 0.7 miles east of the intersection with U.S. 231 in Rutherford, Tennessee. USGS Quadrangle: Fosterville, TN. Latitude: 36.7224,
Longitude: -86.3948
DESCRIPTION: The applicant has proposed to discharge of fill material into 0.99 acre of waters of the US, which includes 0.28 acre of an open water pond and 0.71 acre wetlands adjacent to Long Creek. The discharge of fill material is associated with the proposed 98.3- acre Rucker Landing
residential development which consists of 173 residential lots in Rutherford County, Tennessee.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the purpose of the project is to develop a residential subdivision to provide additional housing units to meet the rapidly growing for the increasing population growth in Rutherford County, Tennessee
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they designed the proposed layout of the residential development in an effort to avoid and minimize impacts to aquatic resources to the maximum extent practicable.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant proposes compensatory wetland mitigation through the purchase of wetland mitigation credits from the Pisgah Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Rutherford County, Tennessee.
Common Name
Scientific Name
Nashville crayfish
(Orconectes shoupi)
Orangemacre Muckett
(Lampsilis perovalis)
Tan riffleshell
(Epioblasma florentina walkeri (=E. walkeri)
Cumberland comshell
(Epioblasma brevidens)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Short's bladderpod
(Physaria globosa)
Leafy prairie-clover
(Dalea foliosa)
Price’s potato bean
(Apios priceana)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before May 9, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone
615-369-7503.
/s/
Timothy C. Wilder Chief,
West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
2146958,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2146958/draft-environmental-assessment-for-proposed-expansion-of-lake-cumberland-marina/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for Proposed Expansion of Lake Cumberland Marina, Lake Cumberland, Russell County, Kentucky",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with a proposed expansion of Lake Cumberland Marina.
The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with a proposed expansion of Lake Cumberland Marina.In light of workplace limitations due to COVID-19, the Corps of Engineers requests written public comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than 30 calendar days from the date of this post to ensure consideration in the final EA.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
2154798,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2154798/notice-of-intent-to-develop-programmatic-agreement-for-national-historic-preser/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers and the Tennessee Valley Authority intend to update the National Historic Preservation Act (54 U.S.C. 3001001 et. seq.) compliance for the Kentucky Lock Addition Project. In 1992,Notice of intent to develop Programmatic Agreement for National Historic Preservation Act for the Kentucky Lock Addition Project,,,,,,,,,,"The U.S. Army Corps of Engineers and the Tennessee Valley Authority intend to update the National Historic Preservation Act (54 U.S.C. 3001001 et. seq.) compliance for the Kentucky Lock Addition Project. In 1992, the Corps, Tennessee Valley Authority (TVA), and Kentucky State Historic Preservation Officer (KY-SHPO) executed a Memorandum of Agreement to address the Lock Addition Project pursuant to 36 CFR 800. An updated Programmatic Agreement would reflect updates to 36 CFR 800 since 1992 and changes in the project plans. The Corps serves as the lead federal agency pursuant to 36 CFR 800.2(a)(2).
The U.S. Army Corps of Engineers and the Tennessee Valley Authority intend to update the National Historic Preservation Act (54 U.S.C. 3001001 et. seq.) compliance for the Kentucky Lock Addition Project. In 1992, the Corps, Tennessee Valley Authority (TVA), and Kentucky State Historic Preservation Officer (KY-SHPO) executed a Memorandum of Agreement to address the Lock Addition Project pursuant to 36 CFR 800. An updated Programmatic Agreement would reflect updates to 36 CFR 800 since 1992 and changes in the project plans. The Corps serves as the lead federal agency pursuant to 36 CFR 800.2(a)(2).
The Tennessee Valley Act of 1933 authorized the Kentucky Lock and Dam (L&D), and the Independent Office Appropriations Act of 1938 provided funds for construction in 1939. The TVA owns the Kentucky L&D; however, USACE operates the navigational locks.
Located at Tennessee River Mile 22.4 the major components of the Kentucky L&D include the dam, hydroelectric plant, and lock. The dam stands 206 feet high and has an overall crest length of 8,422 feet. It is a straight reinforced concrete gravity-type spillway dam with 24 gates. The powerhouse, located on the east end of the concrete dam, contains five 44,000 horsepower adjustable-blade, propeller turbines, each connected to a 32,000-kilowatt generator. An earthen embankment on the eastern end of the dam separates the powerhouse and dam from the lock. The lock chamber measures 110’ x 600’ long. The original plans for Kentucky Lock included a future auxiliary lock that would be located east of the main lock and measure 60’ wide and 360’ long.
In 1992 a Feasibility Study justified the construction of a 110’ x 1200’ lock chamber to be constructed to the east of the existing lock. At that time, USACE, TVA, and KY-SHPO entered into a Memorandum of Agreement to address adverse effects to the Kentucky L&D project. On August 11, 2017, the Kentucky Hydroelectric Project was listed on the National Register of Historic Places. Due to inconsistent funding, the completion of the lock addition has been delayed. Currently, consistent funding is expected to allow completion of the lock addition in 2026.
A new Programmatic Agreement would supersede the current Memorandum of Agreement. The Programmatic Agreement would stipulate consultation requirements specific to the lock, mitigation measures to address the adverse effect, and update the agreement to align with current regulatory guidelines.
If you would like to comment or request to participate in the development of the Programmatic Agreement, then please contact Valerie McCormack, Archaeologist, valerie.j.mccormack@usace.army.mil or 615-736-7847 by May 18, 2020.",,,,,,Valerie J Mccormack,valerie.j.mccormack@usace.army.mil,,,,,,,,
2154816,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2154816/notice-of-intent-to-develop-programmatic-agreement-for-national-historic-preser/,,lrn,Nashville District,Clay,,,The U.S. Army Corps of Engineers in consultation with the Tennessee Historical Commission (THC),"Notice of intent to develop Programmatic Agreement for National Historic Preservation Act for the Lease of Donaldson Park to the Town of Celina, Clay County, Tennessee",,,,,,,,,,"The U.S. Army Corps of Engineers in consultation with the Tennessee Historical Commission (THC), Cherokee Nation and the City of Celina, TN, propose to develop a Programmatic Agreement (PA) for phased compliance with Section 106 of the National Historic Preservation Act (54 U.S.C. 306108). The undertaking involves the lease of Donaldson Park to the City of Celina, Clay County, Tennessee. This notice is to inform interested parties of the proposed PA development and to solicit comments.
The U.S. Army Corps of Engineers in consultation with the Tennessee Historical Commission (THC), Cherokee Nation and the City of Celina, TN, propose to develop a Programmatic Agreement (PA) for phased compliance with Section 106 of the National Historic Preservation Act (54 U.S.C. 306108). The undertaking involves the lease of Donaldson Park to the City of Celina, Clay County, Tennessee. This notice is to inform interested parties of the proposed PA development and to solicit comments.
The Corps is proposing to lease Donaldson Park, which comprises of approximately 91 acres of Corps Fee lands to the City of Celina (Lessee), TN for a period of not more than 20 years. The PA would allow Celina to take over and manage daily operations of the Park from the Corps and implement a phased compliance to identify historic properties pursuant to 36 CFR 800.14(b). As additional funding becomes available for new project actions the Lessee would be held to the terms of the PA which would stipulate a submission of design plans to the Corps prior to approval to determine the scope of identification efforts as prescribed by 36 C.F.R. § 800.4 to identify historic properties. The Lessee would be responsible to contract with a cultural resources consultant that meets or exceeds the Secretary of the Interior’s Standards for Professional Qualification and those standards set by the THC to carry out any archaeological or architectural surveys necessary to identify and document any cultural resources.
Donaldson Park is located approximately .5 miles northeast of the town of Celina, TN and comprises of approximately 91 acres of wooded and open areas along the Obey River. The park grounds include pavilions, public use restrooms, playground, tennis courts, several parking areas, a boat launch and an unimproved walking trail. The Lessee would initially take upon responsibility of managing daily operational activities, which would involve, standard building and grounds maintenance and to include trash pickup and recycling. The Lessee plans to apply for funding for additional projects through state grant programs and other sources, and the funding stream may vary across and would be dependent of grant award. Proposed project may include paving the existing foot trail and incorporating workout stations, rehabilitating existing facilities, and constructing canoe and kayak launch points.
Implementing a PA would allow the Lessee to adhere to an alternative phased identification approach to identify historic properties as their project funding becomes available and be in compliance with Section 106 and 110 of the National Historic Preservation Act. If you would like to comment or request to participate in the development of the Programmatic Agreement, please contact Jordan C. McIntyre, Archaeologist, jordan.c.mcintyre@usace.army.mil or 615-736-5982 by May 18, 2020.",,,,,,Jordan C Mcintyre,jordan.c.mcintyre@usace.army.mil,,,,,,,,
2158050,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2158050/public-notice-no-20-31-file-no-lrn-2020-00101/,,lrn,Nashville District,Hamilton,-85.03048,35.040587,Public Notice No. 20-31,Public Notice No. 20-31; File No. LRN-2020-00101,,,,,,2003,,,,"Proposed discharge of fill material into 2,003 feet of Unnamed Tributaries of Chestnut Creek and 0.795 acres of wetlands adjacent to Unnamed Tributaries of Chestnut Creek associated with the construction of a 307,550 square foot expansion to the existing manufacturing plant and supporting infrastructure in Collegedale, Hamilton County, Tennessee
Public Notice No. 20-31
Nashville District
Application No. LRN-2020-00101
Date: April 21, 2020; Expires: May 21, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division,
1301 Riverfront Parkway
Chattanooga, TN 37402
Attn: Aric J. Payne
SUBJECT: Proposed discharge of fill material into 2,003 feet of Unnamed Tributaries of Chestnut Creek and 0.795 acres of wetlands adjacent to Unnamed Tributaries of Chestnut Creek associated with the construction of a 307,550 square foot expansion to the existing manufacturing plant and
supporting infrastructure in Collegedale, Hamilton County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: McKee Foods Corporation
C/O Mr. David Calfee
P.O. Box 750
Collegedale, Tennessee 37315
LOCATION: The site of the proposed discharge of fill material into 2,003 linear feet of Unnamed Tributaries of Chestnut Creek and 0.795 acres of wetlands adjacent to an Unnamed Tributaries of Chestnut Creek is located at 10617 Apison Pike, Collegedale, Hamilton County, Tennessee. USGS
Quadrangle: Ooltewah, TN. Latitude: 35.040587, Longitude: -85.03048
DESCRIPTION: This project includes the proposed discharge of fill material into 2,003 feet of Unnamed Tributaries of Chestnut Creek and 0.0795 acres of wetlands adjacent to Unnamed Tributaries of Chestnut Creek. The project includes the expansion of the existing Plant 5, including the construction of a 307,550 square foot building, and associated parking and required detention basins. The site is dominated by field, scrub-shrub, and forested habitats. The site has been historically disturbed, and is the current location of the existing McKee Foods Plant 5.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: The applicant has stated that the purpose of the proposed project is to provide additional product lines, along with packaging areas, raw material storage, receiving and distribution docks, finished goods warehouse, energy center, truck court, employee parking, guardhouse and elevated pedestrian bridge, and stormwater management facilities. The proposed project is needed to increase production and capacity at the existing Plant 5, and will support the McKee Foods Research and Development Office.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has proposed compensatory wetland mitigation through the purchase of wetland mitigation credits from the Sequatchie Valley Mitigation Bank. The applicant has proposed compensatory mitigation for all stream impacts through on-site permittee responsible mitigation using natural channel design methods.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based onan evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those
are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing an2d determine the overall public interest
of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one- mile of the permit areas. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Hamilton County, Tennessee.
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Flowering Plants
Large-Flowered Skullcap (Scutellaria montana)
Threatened
Small Whorled Pogonia (Isotria medeoloides)
Threatened
Virginia Spiraea (Spiraea virginiana)
Threatened
Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may berequired for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before May 21, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Mr. Aric Payne, at the above address, or by email aric.j.payne@usace.army.mil.
/s/
Casey H. Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
2158129,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2158129/special-public-notice-20-32/,,lrn,Nashville District,,,,,Special Public Notice 20-32,,,,,,,,,,"The U.S. Environmental Protection Agency and the Department of the Army published the Navigable Waters Protection Rule to define ""Waters of the United States"" in the Federal Register.
On April 21, 2020, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army)publishedthe Navigable Waters Protection Ruleto define ""Waters of the United States""in the Federal Register. For the first time, the agencies are streamlining the definition so that it includes four simple categories of jurisdictional waters, provides clear exclusions for many water features that traditionally have not been regulated, and defines terms in the regulatory text that have never been defined before. Congress, in the Clean Water Act, explicitly directed the Agencies to protect “navigable waters.” The Navigable Waters Protection Rule regulates traditional navigable waters and the core tributary systems that provide perennial or intermittent flow into them. Click here for the rule.",,,,,,,,,,,,,,,
2168841,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2168841/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,,,,This document serves to evaluate the impacts of the proposed revision of the 1998 Dale Hollow Water Control Manual. The public comment period ends June 2,Draft Environmental Assessment and Unsigned Finding of No Significant Impact for Revision of 1998 Dale Hollow Dam and Reservoir Water Control Manual,,,,,,,,,,"This document serves to evaluate the impacts of the proposed revision of the 1998 Dale Hollow Water Control Manual. The public comment period ends June 2, 2020.
This document serves to evaluate the impacts of the proposed revision of the 1998 Dale Hollow Water Control Manual. The environmental assessment and unsigned finding of no significant impact was prepared by the Nashville District pursuant to the National Environmental Policy Act (NEPA), Council for Environmental Quality regulations (40 CFR 1500-1508), and the Corps Regulation ER 200-2-2, “Policies and Procedures for Implementing NEPA.”",,,,,,,,,,,,,,,
2169254,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2169254/public-notice-no-20-33-file-no-lrn-2019-01161/,,lrn,Nashville District,Roane,-198.0,5.0,Public Notice No. 20-33,Public Notice No. 20-33; File No. LRN-2019-01161,,,,,,4974,,,,"This notice announces a prospectus has been submitted for the development of the Cave Spring Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 20-33
Nashville District
Application No. LRN-2019-01161
Date: April 29, 2020; Expires: May 29,2020
Please address commentsto:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Cave Spring Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Mitigate Tennessee, LLC
PO Box 836
Hallsville, TX 75650
LOCATION: The proposed Cave Spring Mitigation Bank (CSMB) comprises approximately 24.3 acres in Roane County, Tennessee (Figure 1), located 7 miles southeast of Kingston, TN. This site is located within the Southern Limestone/Dolomite Valleys and Low Rolling Hills Level IV
Ecoregion of the Ridge and Valley.
PURPOSE: The CSMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Watts Bar Lake (06010201).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the
IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: CSMB proposes to restore 4,974 linear feet of Cave Spring Branch and its intermittent tributaries by removing anthropogenic impairments (i.e. sediment sump), re-establishing floodplain connectivity, stabilizing streambanks, and improving stream geomorphology. The project also proposes to enhance approximately 1 mile (5,198 linear feet) of riparian buffer by removing exotic, invasive species extending buffer widths to 100 feet on each side, and improving vegetation metrics (species diversity and stems per acre). See Tables 1 and 2 for a listing of the existing and proposed stream lengths, as well as proposed functional lift fromthe proposed CSMB.
The project prospectus can be viewed by clickinghere.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
Table 1. Proposed Mitigation Approaches for CSMB
Table 2. Proposed Functional Lift and Credit Calculation for CSMB
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian
Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance.If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project (Table 3):
Table 3. Potential Endangered and Threatened Species in the Proposed Project
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat / Myotis sodalis
Endangered
Mammal
Northern Long-eared Bat / Myotis septentrionalis
Threatened
Fish
Snail Darter / Percina tanasi
Threatened
Clam
Pink Mucket (pearlymussel) / Lampsilis abrupta
Endangered
Clam
Orangefoot Pimpleback (pearlymussel) / Plethobasus cooperianus
Endangered
Snail
Anthony's Riversnail / Athearnia anthonyi
Endangered
Plants
Virginia Spiraea / Spiraea virginiana
Endangered
Plants
White Fringeless Orchid / Platanthera integrilabia
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by May 29, 2020 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katie
Alston at the above address or by email: katherine.c.alston@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Nashville District",06010201,,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
2169808,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2169808/navigation-notice-19-01-temporary-work-platform-being-constructed-at-chickamaug/,,lrn,Nashville District,,,,A temporary work platform is being installed at Chickamauga Lock,Navigation Notice 19-01: Temporary work platform being constructed at Chickamauga Lock,,,,,,,,,,"A temporary work platform is being installed at Chickamauga Lock, Tennessee River Mile 471.0, in support of the on-going construction. The platform is scheduled to be in place from 7 January, 2019 to 29 March, 2019.
A temporary work platform is being installed at Chickamauga Lock, Tennessee River Mile 471.0, in support of the on-going construction. The platform is scheduled to be in place from 7 January, 2019 to 29 March, 2019.
The platform will be located immediately downstream of the cross-over bridge on the river wall and extend approximately five feet towards the lower approach above elevation 668.5. (See attached diagram).
The platform should not impede navigation but mariners are ask to exercise extreme caution during lockages. Warning signs will be posted on the upstream and downstream sides of the platform.
Marine channels VHF 14 and 16 will be monitored.
For more information, contact Cory Richardson at Chickamauga Lock at 423-875-6230.",,,,,,,,,,,,,,,
2169852,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2169852/navigation-notice-19-02-new-mooring-cells-near-wheeler-locks-and-dam-to-replace/,,lrn,Nashville District,,,,Crews have completed construction on two new mooring cells at Tennessee River Mile 275.7 (Wheeler Pool),Navigation Notice 19-02: New mooring cells near Wheeler Locks and Dam to replace federal mooring buoys.,,,,,,,,,,"Crews have completed construction on two new mooring cells at Tennessee River Mile 275.7 (Wheeler Pool), near Wheeler Locks and Dam to replace federal mooring buoys at that location. The facility is now open for use.
Crews have completed construction on two new mooring cells at Tennessee River Mile 275.7 (Wheeler Pool), near Wheeler Locks and Dam to replace federal mooring buoys at that location. The facility is now open for use.
For more information, contact: Steve Hawthorne, Southern Marine Construction at (423) 802-0597",,,,,,,,,,,,,,,
2169990,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2169990/navigation-notice-19-03-temporary-closure-kentucky-lock/,,lrn,Nashville District,,,,There will be a scheduled temporary closure at Kentucky Lock in support of the on-going construction of the new lock addition project,Navigation Notice 19-03: Temporary Closure Kentucky Lock,,,,,,,,,,"There will be a scheduled temporary closure at Kentucky Lock in support of the on-going construction of the new lock addition project, beginning at 0600 on 22 Feb. 2019 and continuing through 0600 on 23 Feb. 2019.
There will be a scheduled temporary closure at Kentucky Lock in support of the on-going construction of the new lock addition project, beginning at 0600 on 22 Feb. 2019 and continuing through 0600 on 23 Feb. 2019.
The contractor will be swapping the power feeds from the old conduit path to the new path. For more information contact John ""Caleb"" Skinner, Kentucky Lock Masters Office, (270) 362-4226.",,,,,,,,,,,,,,,
2170548,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2170548/navigation-notice-19-04-maintenance-dredging-nucor-steel-decatur/,,lrn,Nashville District,,,,Crews will be conducting maintenance dredging operations for Nucor Steel Decatur along the left descending bank at Tennessee River Mile 297,Navigation Notice 19-04: Maintenance Dredging Nucor Steel Decatur,,,,,,,,,,"Crews will be conducting maintenance dredging operations for Nucor Steel Decatur along the left descending bank at Tennessee River Mile 297, beginning 25 Mar and continuing through 01 Apr 2019.
Crews will be conducting maintenance dredging operations for Nucor Steel Decatur along the left descending bank at Tennessee River Mile 297, beginning 25 Mar and continuing through 01 Apr 2019. All work will be conducted outside the main navigation channel. Work Schedule: Mon-Fri from 0600 to 1800 daily. Marine Channels 72 and 65 will be monitored.
For more information, contact: Jason Cagle Kinder Morgan Bulk Terminal (205) 272-2030.",,,,,,,,,,,,,,,
2171209,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171209/navigation-notice-19-05-intermittent-closures-at-pickwick-main-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-05: Intermittent Closures at Pickwick Main Lock,,,,,,,,,,"Intermittent closures for major maintenance have been scheduled for Pickwick Main Lock
Intermittent closures for major maintenance have been scheduled for Pickwick Main Lock nearTennessee River Mile 206.7beginning 18 Mar 2019 and continuing through 25 July2019. Work Schedule will be seven days a week from 0600 to 1600 daily. The Auxiliary chamber (600’x110’) will be available for lockage. In the event that the Auxiliary is not available, lockage will be completed through the main chamber after work hours from 1630 to 0600 the following morning.
For more information contact: Brian Brewer, Brian.D.Brewer@usace.army.mil or (731) 925-2334.",,,,,,Brian D Brewer,Brian.D.Brewer@usace.army.mil,,,,,,,,
2171248,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171248/navigation-notice-19-06-temporary-closure-of-the-kentucky-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-06: Temporary Closure of the Kentucky Lock,,,,,,,,,,"There will be a scheduled temporary closure of the Kentucky Lock near Tennessee River Mile 22.4 in
There will be a scheduled temporary closureof theKentucky Locknear Tennessee River Mile 22.4in support of on-going construction of the new lock addition project, beginning at 0600 on 22 Feb 2019 and continuing through 1800 on 23 Feb 2019. The contractor will be swapping the power feeds from the old conduit path to the new path.
For more information contact: John ""Caleb"" Skinner, Kentucky Lock Masters Office at (270) 362-4226.",,,,,,,,,,,,,,,
2171289,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171289/navigation-notice-19-07-temporary-closure-of-the-kentucky-lock/,,lrn,Nashville District,,,,In preparation for Friday's (22 Feb 2019) 36-hour closure at Kentucky Lock,Navigation Notice 19-07: Temporary Closure of the Kentucky Lock,,,,,,,,,,"In preparation for Friday's (22 Feb 2019) 36-hour closure at Kentucky Lock, the existing wiring was
In preparation for Friday's (22 Feb 2019) 36-hour closure at Kentucky Lock, the existing wiring was inspected this morning. This inspection revealed previously unknown damage to the wiring at the lock from the 7 Feb 2019 lightning strike at the project. In order to be ready for the required 24 hours closure, the contractor will have to test the insulation on the wires to determine the extent of the damage and ensure the existing wire meets safety standards. This testing will require two 12-hour closures: 0600-1800 on both 20 and 21 Feb 2019. The scheduled 36-hour closure, 0600, 22 Feb to 1800, 23 Feb 2019, will still take place as scheduled.
For more information contact: John ""Caleb"" Skinner, Kentucky Lock Masters Office at (270) 362-4226.",,,,,,,,,,,,,,,
2171302,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171302/navigation-notice-19-08-extended-closure-at-cheatham-lock-due-to-high-river-flo/,,lrn,Nashville District,,,,Due to the widespread amounts of rainfall received in the Cumberland River watershed in recent days,Navigation Notice 19-08: Extended Closure at Cheatham Lock Due to High River Flows,,,,,,,,,,"Due to the widespread amounts of rainfall received in the Cumberland River watershed in recent days, the U.S. Army Corps of Engineers, Nashville District, is taking action to discharge water to lower the lake levels at Lake Cumberland, Dale Hollow Lake, Center Hill Lake and J. Percy Priest Lake.
Due to the widespread amounts of rainfall received in the Cumberland River watershed in recent days, the U.S. Army Corps of Engineers, Nashville District, is taking action to discharge water to lower the lake levels at Lake Cumberland, Dale Hollow Lake, Center Hill Lake and J. Percy Priest Lake.
Based on calculations and discussions with the National Weather Service, Ohio River Forecast Center, these discharges will likely keep flows through the Cheatham project at 110,000 CFS for the next 30 days while maintaining approximately a 39-foot stage in Nashville, Tenn. This projection may vary due to future precipitation.
The Cumberland River Waterway Management Plan, jointly prepared by the marine industry, U.S. Coast Guard (USCG), and the U.S. Army Corps of Engineers (USACE), serves as a guide to facilitate the safe and orderly movement of barge traffic during navigational crises. The high water emergency phase of the plan indicates that Cheatham Lock ceases all lockages at 90,000 CFS or higher.
For more information contact: John Tribble,john.d.tribble@usace.army.mil or (615) 736-7809.",,,,,,John D Tribble,john.d.tribble@usace.army.mil,,,,,,,,
2171322,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171322/navigation-notice-19-09-restricted-lock-operations-at-cheatham-lock/,,lrn,Nashville District,,,,Record rainfall in February has required the U.S. Army Corps of Engineers,Navigation Notice 19-09: Restricted Lock Operations at Cheatham Lock,,,,,,,,,,"Record rainfall in February has required the U.S. Army Corps of Engineers, Nashville District Water Management to implement extraordinary measures to release substantial amounts of water from upstream storage reservoirs.
Record rainfall in February has required the U.S. Army Corps of Engineers, Nashville District Water Management to implement extraordinary measures to release substantial amounts of water from upstream storage reservoirs.
These releases have resulted in sustained high flows in the Cumberland River system. During these high flows, water overtopped the lock wall and damage to critical electrical components occurred. High mast lighting is currently disabled. Temporary measures have been implemented to operate the lock on a limited basis.
Until further notice and effective immediately, the Corps of Engineers will be implementing reduced hours of operations at Cheatham Lock (Cumberland River Mile 148.7) which will allow for lockage during daylight hours only.
INTERIM HOURS OF OPERATIONS: 0700 – 1900 daily.
When repairs are completed to critical electrical components and the lock is under full power, a follow-on notice to navigation will be issued when the lock is be able to return to normal operating hours.
Lockages at Cheatham Lock normally cease when flows reach 90,000cfs; however, during this unprecedented event of the sustained record high flows in the Cumberland River system, the Corps of Engineers, U.S. Coast Guard, and Navigation Industry Representatives worked together to develop interim restrictions to safely operate Cheatham Lock at flows higher than 90,000 cfs.
In addition to existing restrictions, the following restrictions will be in place for flows above 90,000 cfs but below 115,000 cfs, at which no lockages will be allowed:
a. An industry provided helper boat must be positioned upstream of the lock to assist tows.
b. Towboats are required to have a minimum 300 horsepower per jumbo barge and 750 horsepower per oversize tank barge.
c. Only experienced pilots (those who have operated through Cheatham during previous high flow restrictions) would operate through this limited restricted period.
d. No locking of empty tows if sustained winds of 20 mph or higher.
e. Industry representatives will be on site at all times during these restricted lockages.
f. Lockages will only occur during daylight hours and under good visibility. A lockage will not be allowed to begin if it can’t exit the arrival point prior to 1900 hours.
If flows fall below 90,000 cfs, normal restricted operations will guide operations.
For more information contact: John Tribble at john.d.tribble@usace.army.mil or (615) 736-7809",,,,,,John D Tribble,john.d.tribble@usace.army.mil,,,,,,,,
2171366,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171366/navigation-notice-19-10-intermittent-closures-at-pickwick-main-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-10: Intermittent Closures at Pickwick Main Lock,,,,,,,,,,"SCHEDULE CHANGE(REFERENCE NOTICE TO NAVIGATION INTERESTS Navigation Notice 19-05)Due to recent high
SCHEDULE CHANGE
(REFERENCE NOTICE TO NAVIGATION INTERESTS Navigation Notice19-05)
Due to recent high water flows, the major maintenance scheduled at Pickwick Main Lock has been moved to begin on 25 Mar, 2019 and continuing through 25 Jul 2019. Mariners can expect intermittent lock closures during this time.
Work Schedule: Seven days a week from 0600 to 1600 daily.
The Auxiliary chamber (600’x110’) will be available for lockage.
In the event that the Auxiliary is not available, lockage will be completed through the main chamber after work hours from 1630 to 0600 the following morning.
For more information contact: Brian Brewer at Brian.D.Brewer@usace.army.mil or (731) 925-2334",,,,,,Brian D Brewer,Brian.D.Brewer@usace.army.mil,,,,,,,,
2171392,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171392/navigation-notice-19-11-cheatham-lock-returning-to-normal-operating-hours/,,lrn,Nashville District,,-7.0,24.0,,Navigation Notice 19-11: Cheatham Lock Returning to Normal Operating Hours,,,,,,,,,,"Cheatham Lock (at Cumberland River Mile 148.7) will be back to normal locking operations at 0600 on
Cheatham Lock(at Cumberland River Mile 148.7) will be back to normal locking operations at 0600 on 26 Mar 2019. Repairs and full power have been restored to the lock and navigation will be able to resume normal operating hours (24/7) and procedures.
For more information contact: John Tribble at john.d.tribble@usace.army.mil or (615) 736-7809.",,,,,,John D Tribble,john.d.tribble@usace.army.mil,,,,,,,,
2171557,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171557/navigation-notice-19-12-temporary-closure-of-kentucky-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-12: Temporary Closure of Kentucky Lock,,,,,,,,,,"Kentucky Lock ( at Tennessee River Mile 22.4) will be closed to all traffic beginning 6:00 a.m. CDT
Kentucky Lock ( at Tennessee River Mile 22.4) will be closed to all traffic beginning 6:00 a.m. CDT on Monday 1 April, 2019 and continuing through 2:00 a.m. CDT on 2 Apr, 2019 (20 hours) in support of the on-going construction on the Kentucky Lock Addition Project. The closure is required to allow for the installation of the fourth concrete shell for the downstream cofferdam.
In addition to the lock closure for the shell installation, up to four additional 12-hour closures are planned within the 5 days following installation. The first of these closures is expected to commence at 8:00 a.m. CDT on Wednesday 3 Apr, 2019. The following three 12-hour closures will all commence at 8:00 a.m. CDT in the following three days. If nine or more vessels are in the queue at 8:00 a.m. on the day of any of these 12- hour closures, then that day’s closure will be postponed.
In addition to the closures, vessel speed restrictions will be in place in the lower approach channel for up to 10 days following the installation of the shell. Both upbound and downbound vessels will be restricted to a speed no greater than a slow walk from the downstream miter gates to the downstream Highway 62 bridge (a reach length of approximately 1,400 feet).
Pilots will receive specific instructions for these restrictions by the lock operator. This speed restriction is intended to minimize wheel wash impacts to the shell until such time that sufficient concrete can be placed to stabilize it. The contractor’s dedicated helper boat, the M/V Maverick, will assist all vessels through this constricted area.
For more information contact: John ""Caleb"" Skinnere, Kentucky Lock Masters Office, (270) 362-4226.",,,,,,,,,,,,,,,
2171598,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2171598/navigation-notice-19-13-channel-hazard-near-beech-creek-island/,,lrn,Nashville District,,,,Navigation Notice 19-13: Channel Hazard Near Beech Creek Island,Navigation Notice 19-13: Channel Hazard Near Beech Creek Island,,,,,,,,,,"There have been several reported grounding incidents near Tennessee River Mile 155, in the vicinity
There have been several reported grounding incidents near Tennessee River Mile 155, in the vicinity of Beech Creek Island on the right descending bank.
The survey crew from the U.S. Army Corps of Engineers has conducted a hydrographic survey and confirm that there is a buildup of material in this location. The U.S. Coast Guard has been requested to mark the hazard.
Mariners are urged to exercise caution when transiting this area.
For more information contact: U.S. Coast Guard Marine Safety Unit Paducah, (270) 442-1621.",,,,,,,,,,,,,,,
2172391,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172391/navigation-notice-19-14-intermittent-lock-closures-at-barkley-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-14: Intermittent Lock Closures at Barkley Lock,,,,,,,,,,"Intermittent closures for installation of the U.S. Fish and Wildlife Service acoustic fish fence
Intermittent closures for installation of the U.S. Fish and Wildlife Service acoustic fish fence have been scheduled for Barkley Lock beginning 28 May 2019 and continuing through 2 Aug 2019. Work will occur within the lower approach area.
Work Schedule will be Mon- Sun from 0600 to 1800 daily. The lock personnel will lock vessels beginning at 1800 every evening until 0600 the next morning in order to clear the queue. Note that within this period if Kentucky Lock is closed, Barkley Lock will open as an alternate navigation route.
For more information contact; John ""Caleb"" Skinner at john.c.skinner@usace.army.mil or 270-362-4226.",,,,,,John C Skinner,john.c.skinner@usace.army.mil,,,,,,,,
2172409,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172409/navigation-notice-19-15-intermittent-delays-at-old-hickory-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-15: Intermittent Delays at Old Hickory Lock,,,,,,,,,,"Divers will be inspecting and making repairs to operating valves and miter gates at Old Hickory Lock
Divers will be inspecting and making repairs to operating valves and miter gates at Old Hickory Lock , Cumberland River Mile 216.2, beginning on Mon 20 May through Fri, 24 May, 2019.
Mariners can expect intermittent delays between the hours of 0600 and 1630 daily. Vessels in queue will be cleared when conditions permit and daily after dive operations are completed. There is no auxiliary lock chamber at this location. Vessel operators are advised to plan any lockages around the work period accordingly.
For more information contact: Harold Deskins at (615) 847-3281.",,,,,,,,,,,,,,,
2172423,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172423/navigation-notice-19-16-intermittent-delays-at-chickamauga-lock/,,lrn,Nashville District,,,,Mariners can expect intermittent delays at Chickamauga Lock,Navigation Notice 19-16: Intermittent Delays at Chickamauga Lock,,,,,,,,,,"Mariners can expect intermittent delays at Chickamauga Lock, Tennessee River mile 471.0 during the
Mariners can expect intermittent delays at Chickamauga Lock, Tennessee River mile 471.0 during the daylight hours of May 23rd, 24th, 28th and 29th while contractors install a new conveyor belt system over the lower lock approach. During construction, vessels will not be allowed to pass under the conveyor system. There is no auxiliary lock chamber at this location. Vessel operators are advised to plan any lockages around the work period accordingly.
For more information contact: Cory Richardson, Chickamauga Lock at (423) 875-6230",,,,,,,,,,,,,,,
2172475,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172475/navigation-notice-19-17-intermittent-delays-temporary-closure-wilson-main-lock/,,lrn,Nashville District,,,,The Tennessee Valley Authority will be performing repairs to the lock culverts at Wilson Main Lock,Navigation Notice 19-17: Intermittent Delays & Temporary Closure Wilson Main Lock,,,,,,,,,,"The Tennessee Valley Authority will be performing repairs to the lock culverts at Wilson Main Lock,
The Tennessee Valley Authority will be performing repairs to the lock culverts at Wilson Main Lock, Tennessee River Mile 259.4, beginning Jun 3, 2019 and continuing through Jun 21, 2019.
WORK SCHEDULE:
3-18 JUNE 2019.
The main chamber will be unavailable from 0700 to 1730 each day. Work will be performed by dive crews. Regular locking operations will began at the end of each day as soon as the maintenance crews clear the lock chamber and/or approach, and continue until 0700 the next morning.
19-21 JUN 2019:
The main chamber will be closed to all traffic for up to 72 hours in order for concrete repairs to cure sufficiently.
Wilson Auxiliary Lock will be available 24/7 for the days that the main chamber is closed.
For more information contact: Gerald Choat at (256) 764-5223.",,,,,,,,,,,,,,,
2172481,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172481/navigation-notice-19-18-intermittent-delays-at-chickamauga-lock/,,lrn,Nashville District,,,,Divers will be conducting underwater inspections at Chickamauga Lock,Navigation Notice 19-18: Intermittent Delays at Chickamauga Lock,,,,,,,,,,"Divers will be conducting underwater inspections at Chickamauga Lock, Tennessee River Mile 471,
Divers will be conducting underwater inspections at Chickamauga Lock, Tennessee River Mile 471, 10-14 JUN 2019.
WORK HOURS: 0800 to 1700 each day
Mariners can expect intermittent delays during work hours while divers are in the water.
Please direct questions and concerns to the lock masters office at (423) 875-6230.",,,,,,,,,,,,,,,
2172489,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172489/navigation-notice-19-19-temporary-closure-at-chickamauga-lock/,,lrn,Nashville District,,,,Contractors will be installing the conveyor belt system at Chickamauga Lock,Navigation Notice 19-19: Temporary Closure at Chickamauga Lock,,,,,,,,,,"Contractors will be installing the conveyor belt system at Chickamauga Lock, Tennessee River Mile
Contractors will be installing the conveyor belt system at Chickamauga Lock, Tennessee River Mile 471 on 4 JUN 2019.
WORK HOURS: 0900 to 1700
The lock will be closed to all traffic during this work.
Please direct questions and concerns to the lock masters office at (423) 875-6230",,,,,,,,,,,,,,,
2172525,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172525/navigation-notice-19-20-intermittent-closure-at-chickamauga-lock/,,lrn,Nashville District,,,,Crews will be conducting repair operations to the miter gate strut arms at Chickamauga Lock,Navigation Notice 19-20: Intermittent Closure at Chickamauga Lock,,,,,,,,,,"Crews will be conducting repair operations to the miter gate strut arms at Chickamauga Lock,
Crews will be conducting repair operations to the miter gate strut arms at Chickamauga Lock, Tennessee River Mile 471, beginning 9 Jul 2019 and continuing through 15 Jul 2019.
WORK HOURS: 7am – 5:30 pm Daily
The lock will be closed to all traffic during working hours.
Traffic will be able to lock after 6 pm daily. However, mariners are requested to give an 8-hour notice so that lock personnel can clear all equipment from the chamber prior to arrival at the lock.
Please direct questions and concerns to the lock masters office at (423) 875-6230.",,,,,,,,,,,,,,,
2172551,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172551/navigation-notice-19-20-1-intermittent-closure-of-chickamauga-lock-schedule-cha/,,lrn,Nashville District,,,,,Navigation Notice 19-20-1: Intermittent Closure of Chickamauga Lock Schedule Change,,,,,,,,,,"***NOTICE OF SCHEDULE CHANGE***Crews will be conducting repair operations to the miter gate strut
***NOTICE OF SCHEDULE CHANGE***
Crews will be conducting repair operations to the miter gate strut arms at Chickamauga Lock, Tennessee River Mile 471, beginning 8 Jul 2019 and continuing through 18 Jul 2019.
WORK HOURS: 7am – 5:30 pm Daily
The lock will be closed to all traffic during working hours.
Traffic will be able to lock after 6 pm daily. However, mariners are requested to give an 8-hour notice so that lock personnel can clear all equipment from the chamber prior to arrival at the lock.
Please direct questions and concerns to the lock masters office at (423) 875-6230.",,,,,,,,,,,,,,,
2172570,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172570/navigation-notice-19-21-channel-hazard-in-the-cumberland-river/,,lrn,Nashville District,,,,There have been several reported grounding incidents near Cumberland River Mile 216,Navigation Notice 19-21: Channel Hazard in the Cumberland River,,,,,,,,,,"There have been several reported grounding incidents near Cumberland River Mile 216, in the lower
There have been several reported grounding incidents near Cumberland River Mile 216, in the lower approach of Old Hickory Lock.
The survey crew from the U.S. Army Corps of Engineers has conducted a hydrographic survey and confirm that there is a buildup of material in this location.
Mariners are asked to favor the left descending side of the channel and to exercise caution when transiting this area.
For more information contact: Lock Masters Office, Old Hickory Lock at (615)874-3281.",,,,,,,,,,,,,,,
2172594,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172594/navigation-notice-19-22-diving-operations-in-the-cumberland-river/,,lrn,Nashville District,,,,Moran Environmental Recovery,Navigation Notice 19-22: Diving Operations in the Cumberland River,,,,,,,,,,"Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile
Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake.
Work Schedule:
17 Jun 2019 – 12 Jul 2019
7:00 am – 8:00 pm daily
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination.
Marine channels 13 and 16 will be monitored.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC, (270) 753-9654.",,,,,,,,,,,,,,,
2172616,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172616/navigation-notice-19-23-diving-operations-in-the-cumberland-river/,,lrn,Nashville District,,,,,Navigation Notice 19-23: Diving Operations in the Cumberland River,,,,,,,,,,"Marine Solutions will be conducting underwater inspections at the dock facilities for Marathon
Marine Solutions will be conducting underwater inspections at the dock facilities for Marathon Petroleum at the following sites and dates:
Site #1 Cumberland River Mile 185.5 29-31 Jul 2019
Site #2 Cumberland River Mile 187.3 08-12 Jul 2019
Site #3 Cumberland River Mile 190.2 08-12 Jul 2019
Work Schedule:
Mon- Fri: 7:00 am – 6:00 pm daily
Mariners can expect to see a 30-foot dive inspection boat along the right descending bank. The dive boat will be removed from the water during non-working hours. Marine channel 16 will be monitored. Mariners are asked to exercise caution when transiting these areas.
For more information contact: Stephen Owen, Marine Solutions at(812) 320-9425.",,,,,,,,,,,,,,,
2172648,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172648/navigation-notice-19-24-hazardous-condition-at-nickajack-lock-tennessee-river/,,lrn,Nashville District,,,,***RESTRICTED LOCKAGES FOR COMMERICAL TOWS / SPECIAL INSTRUCTIONS FOR RECREATIONAL TRAFFIC***There,Navigation Notice 19-24: Hazardous Condition at Nickajack Lock Tennessee River,,,,,,,,,,"***RESTRICTED LOCKAGES FOR COMMERICAL TOWS / SPECIAL INSTRUCTIONS FOR RECREATIONAL TRAFFIC***There
***RESTRICTED LOCKAGES FOR COMMERICAL TOWS / SPECIAL INSTRUCTIONS FOR RECREATIONAL TRAFFIC***
There is a hazardous condition at Nickajack Lock at Tennessee River Mile 424.7. There is alarge piece of metal armor plating is hanging unsteadily from the lock wall, creating a hazard to navigation vessels and crews transiting through the lock. Due to the location of this armor plating, the hazard may not be removed until the week of 8-12 Jul 2019. Until the hazard has been cleared, commercial lockages will be restricted to two barges wide and must remain on the left descending wall to avoid the hazard. Recreational boats will be allowed to lock under extreme caution through the riverside miter gate only until the armor plating has been safely removed.
All recreational traffic must contact the Lock Operator on duty at 423-942-3985 or Marine channel 13/14/16 to get specific instructions prior to locking through.
Commercial vessel operators can also expect additional delays because the tow haulage unit is not operational at this time.",,,,,,,,,,,,,,,
2172663,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172663/navigation-notice-19-25-channel-maintenance-dredging-at-cumberland-city-island/,,lrn,Nashville District,,,,,Navigation Notice 19-25: Channel Maintenance Dredging at Cumberland City Island,,,,,,,,,,"Channel maintenance dredging will begin at Cumberland River Mile 104 (Cumberland City Island)
Channel maintenance dredging will begin at Cumberland River Mile 104 (Cumberland City Island) beginning 29 Jul 2019 and continuing through 23 Aug 2019.
Daily Work Schedule: 0600-2400 hours, seven days a week.
Marine Channel 13 and 16 will be monitored during working hours.
Mariners should expect to see 2-3 tow boats and deck barges with cranes, 1-2 small crew vessels and several material barges moving within the work area. Equipment will be moored outside the navigation channel near the work site during non-working hours.
For more information contact: Owen Traughber, U.S. Army Corps of Engineers at (615) 736-5608.",,,,,,,,,,,,,,,
2172680,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172680/navigation-notice-19-26-diving-operations-in-the-cumberland-river/,,lrn,Nashville District,,,,,Navigation Notice 19-26: Diving Operations in the Cumberland River,,,,,,,,,,"***SCHEDULE CHANGE***(REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22)Moran Environmental
***SCHEDULE CHANGE***
(REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22)
Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake.
Work Schedule:
17 June 2019 – 26 Jul 2019
7:00 am – 8:00 pm daily
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination. Marine channels 13 and 16 will be monitored during operations.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC at (270) 753-9654.",,,,,,,,,,,,,,,
2172703,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172703/navigation-notice-19-27-intermittent-lock-closures-at-barkley-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-27: Intermittent Lock Closures at Barkley Lock,,,,,,,,,,"****CHANGE IN SCHEDULE****Reference Notice to Navigation Interests LRN 19-14 Intermittent closures
****CHANGE IN SCHEDULE****
Reference Notice to Navigation Interests LRN 19-14
Intermittent closures for installation of the U.S. Fish and Wildlife Service acoustic fish fence have been scheduled for Barkley Lock at Cumberland River Mile 30.6,beginning 28 May 2019 and continuing through 4 Aug 2019. Work will occur within the lower approach area and only when the tail water elevation is below 314 feet.
Work Schedule: Mon – Sun from 0600 to 1800 daily.
The lock personnel will lock vessels beginning at 1800 every evening until 0600 the next morning in order to clear the queue. Note that within this period if Kentucky Lock is closed, Barkley Lock will open as an alternate navigation route.
For more information contact: John ""Caleb"" Skinner, john.c.skinner@usace.army.mil at (270) 362-4226.",,,,,,John C Skinner,john.c.skinner@usace.army.mil,,,,,,,,
2172752,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172752/navigation-notice-19-28-hazardous-condition-cleared-at-nickajack-lock/,,lrn,Nashville District,,,,All locking restrictions at Nickajack Lock at Tennessee River Mile 424.7,Navigation Notice 19-28: Hazardous Condition Cleared at Nickajack Lock,,,,,,,,,,"All locking restrictions at Nickajack Lock at Tennessee River Mile 424.7, have been lifted. The Lock
All locking restrictions at Nickajack Lockat Tennessee River Mile 424.7,have been lifted. The Lock has been returned to normal operations.
Reference Notice to Navigation Interests LRN 19-24 (10450) dated 2 July 2019.
For further information contact: Paul Weaver, Nickajack Lock, at (423) 942-3985.",,,,,,,,,,,,,,,
2172758,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172758/navigation-notice-19-29-temporary-closure-of-kentucky-lock/,,lrn,Nashville District,,,,Kentucky Lock will be closed for scheduled major maintenance beginning at 7:00 a.m. on Aug 6,Navigation Notice 19-29: Temporary Closure of Kentucky Lock,,,,,,,,,,"Kentucky Lock will be closed for scheduled major maintenance beginning at 7:00 a.m. on Aug 6, 2019
Kentucky Lock will be closed for scheduled major maintenance beginning at 7:00 a.m. on Aug 6, 2019 and continuing until 7:00 a.m. on Sep 21, 2019.
During this time, Barkley Lock at Cumberland River Mile 30.6 will operate 24-hours a day in order to accommodate commercial traffic via the Barkley Canal.
For further information or questions please contact Lockmaster Caleb Skinner at (270) 362-4226",,,,,,,,,,,,,,,
2172787,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172787/navigation-notice-19-30-diving-operations-in-cumberland-river/,,lrn,Nashville District,,,,,Navigation Notice 19-30: Diving Operations in Cumberland River,,,,,,,,,,"***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-26) Moran Environmental
***SCHEDULE CHANGE***
(REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-26)
Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake.
Work Schedule:
17 Jun 2019 – 16 Aug 2019 from 7:00 am – 8:00 pm daily.
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination. Marine channels 13 and 16 will be monitored during operations.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC, (270) 753-9654.",,,,,,,,,,,,,,,
2172836,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172836/navigation-notice-19-31-federal-mooring-cell-construction-tennessee-river/,,lrn,Nashville District,,,,Navigation Notice 19-31: Federal Mooring Cell Construction,"Navigation Notice 19-31: Federal Mooring Cell Construction, Tennessee River",,,,,,,,,,"Construction for the replacement of the two federal mooring cells at Tennessee River Mile 303 is
Construction for the replacement of the two federal mooring cells at Tennessee River Mile 303 is scheduled to begin Mon, 5 Aug 2019 and continue through 31 Jan 2020.
Work Schedule: Mon – Fri Daylight hours.
Mariners can expect to see the MV Low Bid Too, a crane barge and flat deck barge at the construction site. Construction equipment will be moored at the work site during non-working hours. Mariners are encouraged to exercise caution when transiting this area. Mooring at this location is prohibited during this construction. Tows should use the mooring cells at mile 306.3. Marine radio channel 13 will be monitored during operations.
For more information contact: Steve Hawthorne, Southern Marine Construction, Inc., (423) 802-0597.",,,,,,,,,,,,,,,
2172856,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172856/navigation-notice-19-32-metal-recovery-operations-at-nucor-steel-decatur-termin/,,lrn,Nashville District,,,,,Navigation Notice 19-32: Metal Recovery Operations at Nucor Steel Decatur Terminal Facility,,,,,,,,,,"Crews will be conducting metal recovery operations at the Nucor Steel Decatur terminal facility
Crews will be conducting metal recovery operations at the Nucor Steel Decatur terminal facility beginning 5 Aug 2019 and continuing through 10 Aug, 2019. All work will be performed outside the navigation channel in the vicinity of Tennessee River Mile 297, left descending bank.
Work Schedule: 6:00 am – 6:00 pm daily. Mariners are encouraged to exercise caution when transiting this area. Marine radio channels 72 and 65 will be monitored during operations.
For more information contact: Jason Cagle, Kinder Morgan Bulk Material at (250) 272-2030.",,,,,,,,,,,,,,,
2172883,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172883/navigation-notice-19-33-bank-stabilization-on-tennessee-river/,,lrn,Nashville District,,,,,Navigation Notice 19-33: Bank Stabilization on Tennessee River,,,,,,,,,,"Crews will be conducting bank stabilization at various locations along Tennessee River Miles
Crews will be conducting bank stabilization at various locations along Tennessee River Miles 258-339, beginning 12 Aug 2019 and continuing through 16 Aug 2019.
All work will be performed outside the navigation channel in the following locations:
258.7 - Right descending bank
284.0 - Right descending bank
312.9 - Left descending bank
331.1 - Left descending bank
334.9 - Left descending bank
340.0 - Right descending bank
345.0 - Left descending bank
338.8 - Right descending bank
Work Schedule will be from 7:00 am – 5:00 pm daily. Mariners are encouraged to exercise caution when transiting these areas.
For more information contact: Joshua Burnette, Tennessee Valley Authority, jaburnette2@tva.gov.",,,,,,,,,,,,,,,
2172951,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2172951/navigation-notice-19-34-channel-maintenance-dredging-at-cumberland-city-island/,,lrn,Nashville District,,,,,Navigation Notice 19-34: Channel Maintenance Dredging at Cumberland City Island,,,,,,,,,,"*****CHANGE IN SCHEDULE*****REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-25Channel maintenance
*****CHANGE IN SCHEDULE*****
REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-25
Channel maintenance dredging will begin at Cumberland River Mile 104 (Cumberland City Island) beginning 5 Aug 2019 and continuing through 30 Aug 2019. The daily work schedule will be0600-2400 hours, seven days a week. Marine Channel 13 and 16 will be monitored during working hours. Mariners should expect to see 2-3 tow boats and deck barges with cranes, 1-2 small crew vessels and several material barges moving within the work area. Equipment will be moored outside the navigation channel near the work site during non-working hours.
For more information contact: Owen Traughber, U.S. Army Corps of Engineers, (615) 736-5608.",,,,,,,,,,,,,,,
2173220,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2173220/navigation-notice-19-36-diving-operations-at-cumberland-river/,,lrn,Nashville District,,,,,Navigation Notice 19-36: Diving Operations at Cumberland River,,,,,,,,,,"***SCHEDULE CHANGE***(REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22 and NOTICE TO NAVIGATION
***SCHEDULE CHANGE***
(REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22 and NOTICE TO NAVIGATION INTERSTS LRN 19-26)
Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake. Work Schedule:17 Jun 2019 – 23 Aug 2019, 7:00 am – 8:00 pm daily.
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination. Marine channels 13 and 16 will be monitored during operations.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC, (270) 753-9654.",,,,,,,,,,,,,,,
2173291,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2173291/navigation-notice-19-37-revised-schedule-of-operations-for-cordell-hull-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-37: Revised Schedule of Operations for Cordell Hull Lock,,,,,,,,,,"The Nashville District has revised the schedule of operation at Cordell Hull Lock to better serve
The Nashville District has revised the schedule of operation at Cordell Hull Lock to better serve navigational traffic. Effective 1 Sep 2019, Cordell Hull Lock will be available for scheduled lockages to be conducted between the hours of 7:00am and 3:00pm daily, including weekends and holidays. Lockages will continue to be by appointment only.
All lockages must be scheduled by calling Old Hickory Lock via telephone at 615-847-3281. Vessel operators desiring lockage between Tuesday and Friday must schedule their appointment at least 48 hours in advance. Those desiring lockage on Saturday, Sun or Mon must schedule before 12:00 pm (noon) on Thur. Vessels must arrive at the lock so that their lockage can be completed prior to 3:00 pm. If a vessel’s passage through the lock cannot be completed before close of business at 3:00 pm, the vessel will be required to wait until the start of the next regular workday at 7:00 am or when an Operator becomes available to perform the lockage.
Questions concerning the changes can also be addressed to Old Hickory Lockmaster via telephone at (615) 847-3281 or by contacting Cordell Hull Lock operator’s office at (615) 735-1040.",,,,,,,,,,,,,,,
2173345,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2173345/navigation-notice-19-38-diving-operations-on-the-cumberland-river/,,lrn,Nashville District,,,,,Navigation Notice 19-38: Diving Operations on the Cumberland River,,,,,,,,,,"***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22 and NOTICE TO NAVIGATION
***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-22 and NOTICE TO NAVIGATION INTERSTS LRN 19-26 and NOTICE TO NAVIGATION INTERESTS 19-36). Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake.
Work Schedule:
17 Jun 2019 – 30 Aug 2019, 7:00 am – 8:00 pm daily
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination. Marine channels 13 and 16 will be monitored during operations.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC at (270) 753-9654.",,,,,,,,,,,,,,,
2173373,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2173373/navigation-notice-19-39-intermittent-delays-at-old-hickory-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-39: Intermittent Delays at Old Hickory Lock,,,,,,,,,,"Crews will be conducting debris removal operations at Old Hickory Lock and Dam at Cumberland River
Crews will be conducting debris removal operations at Old Hickory Lock and Dam at Cumberland River Mile 216.2beginning on or about 1 Sep 2019 and continuing through 7 Sep 2019, work hours: 0600-2400 daily.
Crews will clear the debris from the powerhouse intake screens first and then move downstream to the lower lock approach and clear the shoaling that is partially blocking the lower approach. Once the work crew moves to the shoaling work site, mariners can expect intermittent delays and should plan accordingly. Marine channel 16 will be monitored during operations.
For more information contact: Harold ""Skeeter"" Deskins, Old Hickory Lock at (615) 240-4037.",,,,,,,,,,,,,,,
2173413,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2173413/navigation-notice-19-40-temporary-closure-of-cheatham-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-40: Temporary Closure of Cheatham Lock,,,,,,,,,,"Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 6:00 am on
Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 6:00 am on Oct 7th and continuing through 5:00 pm on Oct11th, 2019 in order to make repairs to the lower gate operating machinery bases.
Please direct any questions to the Cheatham lock operating staff at 615-792-4349.",,,,,,,,,,,,,,,
2174449,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174449/navigation-notice-19-41-diving-operations-in-the-cumberland-river/,,lrn,Nashville District,,,,***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS,Navigation Notice 19-41: Diving Operations in the Cumberland River,,,,,,,,,,"***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS, LRN 19-22, LRN 19-26, LRN 19-30,
***SCHEDULE CHANGE*** (REFERENCE NOTICE TO NAVIGATION INTERESTS, LRN 19-22, LRN 19-26, LRN 19-30, LRN 19-36, LRN 19-38)
Moran Environmental Recovery, LLC will be performing diving operations near Cumberland River mile 120.25 supporting the installation of a raw water intake. Work Schedule:
17 Jun 2019 – 30 Sep 2019 from 7:00 am – 8:00 pm daily
Mariners should expect to see two work boats and a 2400 square foot barge (dive platform) on the right descending bank, and at times, the diver may be in the navigation channel. “Diver Down” flagging will be prominently displayed. The barge will be moored near the bank during non-working hours with proper illumination. Marine channels 13 and 16 will be monitored during operations.
For more information contact: Shelby Kingston, Moran Environmental Recovery LLC at (270) 753-9654.",,,,,,,,,,,,,,,
2174456,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174456/navigation-notice-19-42-temporary-closure-of-kentucky-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-42: Temporary Closure of Kentucky Lock,,,,,,,,,,"*****SCHEDULE CHANGE**** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-29)Kentucky Lock will be
*****SCHEDULE CHANGE**** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-29)
Kentucky Lock will be closed for scheduled major maintenance beginning at 7:00 a.m. on Aug 6, 2019 and continuing until 7:00 a.m. on Sep 28, 2019. During this time, Barkley Lock at Cumberland River Mile 30.6 will operate 24 hours a day in order to accommodate commercial traffic via the Barkley Canal.
For further information or questions please contact Lockmaster Caleb Skinner at (270) 362-4226",,,,,,,,,,,,,,,
2174477,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174477/navigation-notice-19-43-intermittent-lock-closures-at-barkley-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-43: Intermittent Lock Closures at Barkley Lock,,,,,,,,,,"Intermittent closures for installation of the U.S. Fish and Wildlife Service acoustic fish fence
Intermittent closures for installation of the U.S. Fish and Wildlife Service acoustic fish fence have been scheduled for Barkley Lock at Cumberland River Mile 30.6 beginning 30 Sep, 2019 and continuing through 30 Oct, 2019. Work Schedule: Mon – Sun from 0600 to 1800 daily.
The lock personnel will lock vessels beginning at 1800 every evening until 0600 the next morning in order to clear the queue. Note that within this period if Kentucky Lock is closed, Barkley Lock will open as an alternate navigation route.
For more information contact: John ""Caleb"" Skinner at john.c.skinner@usace.army.mil or (270) 263-4226.",,,,,,John C Skinner,john.c.skinner@usace.army.mil,,,,,,,,
2174501,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174501/navigation-notice-19-44-shoreline-construction-of-new-monopile-in-the-tennessee/,,lrn,Nashville District,,,,,Navigation Notice 19-44: Shoreline Construction of New Monopile in the Tennessee River,,,,,,,,,,"The CJ Mahan Construction Company is performing work along the Left Descending Bank at Tennessee
The CJ Mahan Construction Company is performing work along the Left Descending Bank at Tennessee River Mile 6.0. The contractors are replacing existing tri-tie with new monopile between 30 Sep and 11 Nov, 2019. Work Schedule: Mon– Sat from 0700-1700 daily
Vessels performing the work include 1 material barge (195 x 35 ft.), 1 crane barge (7 x 90 x 150 ft.), and the MV Amelia Faith push boat (26 x 60 ft.). Vessels will remain in the area and will be tied to the existing mooring cells or spudded down nearby during non-working hours. Vessels will be monitoring marine radio channels 13 and 16 during operations.
For more information contact: Jessica Rickle, Marathon Petroleum Company at (419) 672-6514.",,,,,,,,,,,,,,,
2174545,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174545/navigation-notice-19-45-temporary-closure-of-kentucky-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-45: Temporary Closure of Kentucky Lock,,,,,,,,,,"*****SCHEDULE CHANGE**** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-29)The maintenance closure
*****SCHEDULE CHANGE**** (REFERENCE NOTICE TO NAVIGATION INTERESTS LRN 19-29)
The maintenance closure for Kentucky Lock at Tennessee River Mile 22.4 has been extended an additional 2 days and is scheduled to reopen at 7:00 a.m. on Sep 30, 2019. If the required work is completed earlier, Navigation Interests will be notified as soon as possible. During this time, Barkley Lock at Cumberland River Mile 30.6 will continue to operate 24 hours a day in order to accommodate commercial traffic via the Barkley Canal.
For further information or questions please contact Lockmaster Caleb Skinner at (270) 362-4226.",,,,,,,,,,,,,,,
2174550,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174550/navigation-notice-19-46-restricted-navigation-procedures-at-kentucky-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-46: Restricted Navigation Procedures at Kentucky Lock,,,,,,,,,,"Construction has progressed on the downstream cofferdam such that the lower approach channel is more
Construction has progressed on the downstream cofferdam such that the lower approach channel is more restricted. New procedures are being implemented to reduce the risk of impact with the cofferdam shells.
Effective Mon, Sep 30, 2019, a second helper boat will be employed by the downstream cofferdam contractor to assist upbound tows inKentucky Lock Tennessee River Mile 22.4lower approach during periods when the cofferdam is vulnerable to impacts. The second helper boat will be staged immediately downstream of the Paducah and Louisville Railway bridge and will shadow the stern of the tow through the work zone where clearances allow. It will engage and push the port side stern of the tow, but only if it appears that the tow is in danger of impacting a vulnerable cofferdam shell or if requested by the towboat pilot. If the second helper boat pushes the tow, its engagement point will be on the port side of the stern barge if clearances allow. If clearances don’t allow, the helper boat will engage at the port side of the tow boat. At all times and during all periods, the first helper boat will be faced-up to the head of the tow while transiting the work area in the lower approach.
At this stage of construction, there are only three remaining cofferdam shells that will be vulnerable to vessel impact. The period of time these shells are especially vulnerable is typically 5 to 7 days after they are placed in position and these are the periods when the 2nd helper boat will be employed. The vulnerable shell is always the most downstream shell.
The second helper boat will only be available during daylight hours during the initial stage of use; therefore, downbound vessels will be locked at night and upbound vessels during the day when the second helper boat is employed. If there is not a downbound queue at night, then upbound vessels will be required to wait until daylight to transit the lock. In the days following the setting of the last two shells, there will be up to four (4) 12-hour lock closures at night to allow divers to place sandbags around the base of the shells.
Vessel operating restrictions will continue to be in place in the lower approach channel for up to 10 days following the installation of a shell. Both upbound and downbound vessels will be restricted to a speed no greater than a slow walk from the downstream miter gates to the downstream Highway 62 bridge – a reach length of approximately 1,400 feet. Vessel pilots will receive specific instructions for these speed restrictions by the lock operator.
For more information contact: John ""Caleb"" Skinner at (270) 362-4226.",,,,,,,,,,,,,,,
2174577,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174577/navigation-notice-19-47-federal-mooring-cell-constructiondiving-operations-on-t/,,lrn,Nashville District,,,,,Navigation Notice 19-47: Federal Mooring Cell Construction/Diving Operations on Tennessee River,,,,,,,,,,"***REFER TO NOTICE TO NAVIGATION INTERESTS LRN 19-31 (10629)*** In assisting the replacement of 2
***REFER TO NOTICE TO NAVIGATION INTERESTS LRN 19-31 (10629)*** In assisting the replacement of 2 federal mooring cells at Tennessee River Mile 303, diving operations will be taking place along the exterior of the cells during the daylight hours on 9 Oct, 2019. Mariners are encouraged to exercise caution when transiting this area. Marine radio channel 13 will be monitored during operations.
For more information contact: Steve Hawthorne, Southern Marine Construction, Inc. at (432) 802-0597.",,,,,,,,,,,,,,,
2174592,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174592/navigation-notice-19-48-fall-semi-annual-navigation-meeting/,,lrn,Nashville District,,,,,Navigation Notice 19-48: Fall Semi-Annual Navigation Meeting,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District will be hosting the Fall Navigation Meeting on
The U.S. Army Corps of EngineersNashville District will be hosting the Fall Navigation Meeting on Thur, 14 Nov 2019, 10:00am-12:30pm. Topics covered in the meeting will include the Nashville District's 2020 Lock Major Maintenance Schedule, status on new Kentucky Lock construction, Tennessee Valley Authority activities for 2020, and the US Coast Guard activities and Marine Events 2020. Other topics will be discussed as time allows.
The meeting will be held at the Lake Barkley Resource Manager’s Office. at 200 Barkley Dam Overlook, Grand Rivers, Ky.
A tentative agenda is attached. If anyone has questions or would like to be included on the agenda, please contact Owen Traughber at (615) 736-5608 or email Owen.Traughber@usace.army.mil.",,,,,,Owen Traughber,Owen.Traughber@usace.army.mil,,,,,,,,
2174669,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174669/navigation-notice-19-49-baff-system-installed-at-barkley-lock/,,lrn,Nashville District,,,,Effective 21 October,Navigation Notice 19-49: BAFF System Installed at Barkley Lock,,,,,,,,,,"Effective 21 October, 2019, a BioAcoustic Fish Fence (BAFF) has been installed by the USFWS at
Effective 21 October, 2019, a BioAcoustic Fish Fence (BAFF) has been installed by the USFWS at Barkley Lock to determine its suitability in deterring further invasion of Asian Carp into the Cumberland River system via Barkley Lock. This operational test is anticipated to last for approximately 3 years.
Upon approaching the lock, the following may be observed:
• Flashing lights at night (particularly when water levels are low). These rate of flash is slow and is below the threshold for anyone with photosensitive epilepsy
• A line of bubbles will run the width of the channel from the main guide wall to the opposing bullnose (small craft may feel a vibration from the bubble curtain).
• The sound barrier itself may be heard through the hull of the vessel as well as on deck. This noise level does not pose a hazard.
For more information contact: Rob Simmonds, U.S. Fish and Wildlife Serviceat rob_simmonds@fws.gov or (612) 713-5114.",,,,,,,,,,,,,,,
2174738,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174738/navigation-notice-19-50-intermittent-delays-at-fort-loudoun-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-50: Intermittent Delays at Fort Loudoun Lock,,,,,,,,,,"Fort Loudoun Lock personnel will be performing maintenance on the lock miter gates beginning on Nov
Fort Loudoun Lock personnel will be performing maintenance on the lock miter gates beginning on Nov 18, 2019 and continue through Dec 19, 2019. Work will occur between the hours of 7:00 a.m. and 5:30 p.m. (Mon – Thur). Intermittent delays to navigation traffic can be expected during this period.
For more information contact: Matt Emmons at Matthew.D.Emmons@usace.army.mil or (865) 986-2762.",,,,,,Matthew D Emmons,Matthew.D.Emmons@usace.army.mil,,,,,,,,
2174760,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174760/navigation-notice-19-51-intermittent-closures-at-barkley-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-51: Intermittent Closures at Barkley Lock,,,,,,,,,,"In order to ensure the operability of the BAFF (BioAcoustic Fish Fence) System at Barkley Lock (See
In order to ensure the operability of the BAFF (BioAcoustic Fish Fence) System at Barkley Lock (See LRN 19-49), a series of intermittent lock closures will occur between 12 Nov and 17 Dec, 2019 to provide for diver and ROV inspections of the system. Closures will occur on the following dates:
On Nov 12th, 19th, and 26th, a series of 4-hour lock closures for ROV inspection.
Dec 2nd - 6th, 12-hour lock closures from 6 A.M. – 6 P.M. for diver inspection. Limited maintenance may be necessary during this time around the BAFF.
Dec 10th and 17th, a series of 4-hour lock closures for additional ROV inspections.
For further information contact: John ""Caleb"" Skinner at John.C.Skinner@usace.army.mil or (270) 362-4226.",,,,,,John C Skinner,John.C.Skinner@usace.army.mil,,,,,,,,
2174829,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174829/navigation-notice-19-52-tva-field-study-old-watts-bar-fossil-mooring-cells/,,lrn,Nashville District,,,,,Navigation Notice 19-52: TVA Field Study Old Watts Bar Fossil Mooring Cells,,,,,,,,,,"TVA is planning on performing a field study at the Old Watts Bar Fossil mooring cells just
TVA is planning on performing a field study at the Old Watts Bar Fossil mooring cells just downstream of the Watts Bar Lock (Tennessee River Mile529.3). The study will take place between the hours of 3 P.M., Nov 14 and 10 A.M., Nov 15, 2019.
This field study will consist of tire floats with flashing lights deployed across the entire navigation channel. In the event a tow comes through the area, marine radio frequencies 13 and 16 will be monitored in order for the tire floats to be removed from the channel to allow passage.
For more information contact: Daniel Saint at (256) 609-3015.",,,,,,,,,,,,,,,
2174875,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174875/navigation-notice-19-53-tow-haulage-unit-out-of-service-at-wilson-main-lock/,,lrn,Nashville District,,,,,Navigation Notice 19-53: Tow Haulage Unit Out of Service at Wilson Main Lock,,,,,,,,,,"The tow haulage unit at Wilson Main Lock is out of service and will be unavailable to tows for use
The tow haulage unit at Wilson Main Lock is out of service and will be unavailable to tows for use until approximately 6:00 pm on Wed, 20 Nov 2019. Mariners will be required to do double tripping for locking doubles until tow haulage is back in service.
For more information contact: Lockmasters’ Office, Wilson Lock at (256) 764-5226.",,,,,,,,,,,,,,,
2174987,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2174987/navigation-notice-19-54-diving-operations-for-mooring-cell-inspections-on-the-t/,,lrn,Nashville District,,,,,Navigation Notice 19-54: Diving Operations for Mooring Cell Inspections on the Tennessee River,,,,,,,,,,"Southern Marine Construction Company will be conducting diving operations in support of federal
Southern Marine Construction Company will be conducting diving operations in support of federal mooring cell inspections at Tennessee River Mile 303.
Crews will conduct surface inspections from a small work flat (25’ Jon boat) in addition to under water inspections. The inspection process will consist of moving along the interlocks from the water surface to the river bottom. Dive crew will have alpha flag flown, monitor vessels on VHF radio, have an air horn ready and remain vigilant of all vessel traffic. Dives will be aborted in the event of suspect/potential vessel encroachment. Mooring at these cells is prohibited during this work. Mariners are asked to transit this area with caution and minimize their wake through the area.
For more information contact: Barry Cunningham II, U.S. Army Corps of Engineers, (615) 736-7183.",,,,,,,,,,,,,,,
2175010,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175010/navigation-notice-19-55-cumberland-river-waterway-management-plan-update/,,lrn,Nashville District,,,,As a result of recent USACE,Navigation Notice 19-55: Cumberland River Waterway Management Plan Update,,,,,,,,,,"As a result of recent USACE, USCG, and Industry meetings, updates to the Cumberland River Waterway
As a result of recent USACE, USCG, and Industry meetings, updates to the Cumberland River Waterway Management Plan have been proposed.
The primary change is regarding Appendix IV, (Emergency Phase Criteria), regarding Cheatham Lock. Currently, at 90,000 cfs, lockages at Cheatham Lock are discontinued and the lock remains closed until flows are reduced below the 90,000 cfs threshold. New language is proposed as follows:
***Cheatham Lock – at 90,000 cfs, USCG will release BNM advising mariners of the lock closure. Upon closure, the TCIC point of contact (POC) will initiate a phone conference with USCG, USACE and TCIC. Initial POC with USACE should be the lock operator or lockmaster. The closure may be modified to a restriction based off a collaboration with USCG, USACE, and industry. Factors affecting this decision will include, but not limited to: project discharge (cfs), river stage (stationary, rising, falling), extent/duration of the current closure, specific vessel requirements (tow size, horse power, helper boat, etc). If a restriction is deemed to be appropriate, a new BNM/USACE Notice will be sent out with details.
Other minor changes include updating primary contact persons and clarifying the gauge datum at the Nashville Harbor (the “0” datum is shown as Elev. 368.1. Elevations posted adjusted accordingly).
If you have comments on the proposed change, please contact Brad Bishop, telephone 615-736-5974, or by email: bradley.n.bishop@usace.army.mil by Dec 30, 2019. We plan to finalize the plan by early Jan 2020.",,,,,,Bradley N Bishop,bradley.n.bishop@usace.army.mil,,,,,,,,
2175035,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175035/navigation-notice-19-56-barkley-lock-emergency-gate-maintenance/,,lrn,Nashville District,,,,Beginning 6 Jan and ending 31 Jan,Navigation Notice 19-56: Barkley Lock Emergency Gate Maintenance,,,,,,,,,,"Beginning 6 Jan and ending 31 Jan, 2020, maintenance workers will be performing maintenance on the
Beginning 6 Jan and ending 31 Jan, 2020, maintenance workers will be performing maintenance on the emergency gate which will require a series of lock closures.
The scheduled closures are as follows:
• Jan 6 – 21; Daily 10-hour closures (0600 – 1600) for welding and maintenance on the emergency gate.
• Jan 22 – 31; Complete closure of the lock to all traffic to allow for the dismantling of the emergency gate from its machinery and removal of the gate itself for dry-land maintenance.
The lock is expected to return to operation on 1 Feb, 2020.
For more information contact: John ""Caleb"" Skinner at John.c.skinner@usace.army.mil or (270) 362-4226.",,,,,,John C Skinner,John.c.skinner@usace.army.mil,,,,,,,,
2175055,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175055/navigation-notice-19-57-old-hickory-lock-closure/,,lrn,Nashville District,,,,Beginning 24 Feb 2020 and ending 10 Apr 2020,Navigation Notice 19-57: Old Hickory Lock Closure,,,,,,,,,,"Beginning 24 Feb 2020 and ending 10 Apr 2020, maintenance workers will be cutting slots for stoplogs
Beginning 24 Feb 2020 and ending 10 Apr 2020, maintenance workers will be cutting slots for stoplogs at Old Hickory Lock at Cumberland River Mile 216.1that will require complete closure of the lock. The scheduled closures are as follows:
• 24 Feb – 20 Mar:
o Complete closure of the lock to all traffic beginning at 0730 on 24 Feb.
• 20 Mar – 25 Mar:
o Temporary opening of the lock to all traffic for a 5 day period beginning at 0600 on 20 Mar and ending at 0600 on 25 Mar.
• 25 Mar – 10 Apr:
o Complete closure of the lock to all traffic beginning at 0600 on 25 Mar and ending at 1630 on 10 Apr.
The lock is expected to return to operation after completion of the project at 1630 on 10 Apr 2020.
For more information contact: Harold ""Skeeter"" Deskins at Harold.A.Deskins@usace.army.mil or (615) 240-4037.",,,,,,Harold A Deskins,Harold.A.Deskins@usace.army.mil,,,,,,,,
2175114,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175114/navigation-notice-20-01-implementation-of-voluntary-exclusion-zone-below-kentuc/,,lrn,Nashville District,,,,,Navigation Notice 20-01: Implementation of Voluntary Exclusion Zone Below Kentucky Lock,,,,,,,,,,"Following complaints by several landowners that navigation tows pushing into the bank could cause
Following complaints by several landowners that navigation tows pushing into the bank could cause severe damage to property, Navigation Industry Representatives agreed to implement a voluntary exclusion area that would prohibit boats from pushing into the bank or trees.
This ""voluntary exclusion zone"" would be on the right descending bank from the I-24 bridge downstream to the rock quarry (downstream of Kentucky Lock approximately Tennessee River mile21.1 down to 19.3), and would be in effect when Kentucky Dam tailwater levels exceed Elev. 305.",,,,,,,,,,,,,,,
2175135,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175135/navigation-notice-20-02-intermittent-closures-at-watts-bar-lock/,,lrn,Nashville District,,,,Due to scheduled repairs on the lower river wall armor plating at Watts Bar Lock,Navigation Notice 20-02: Intermittent Closures at Watts Bar Lock,,,,,,,,,,"Due to scheduled repairs on the lower river wall armor plating at Watts Bar Lock, there will be a
Due to scheduled repairs on the lower river wall armor plating at Watts Bar Lock, there will be a series of intermittent closures to the lock 10-19 Mar, 2020 between the hours of 0700-1730. The impact to commercial traffic is expected to be minimal.",,,,,,,,,,,,,,,
2175140,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175140/navigation-notice-20-03-mooring-cells-available-for-use-on-tennessee-river/,,lrn,Nashville District,,,,,Navigation Notice 20-03: Mooring Cells Available For Use On Tennessee River,,,,,,,,,,"The newly constructed Mooring Cells at Tennessee River Mile 303 are now open for use. The bottom
The newly constructed Mooring Cells at Tennessee River Mile 303 are nowopen for use. The bottom bands have yet to be placed due to high water preventing the contractor from finishing. The contractor will return when the water levels drop to a safe level (date undetermined) to complete the work, at which time the cells will temporarily be taken out of service.
For more information contact: Andrew Layton at (615) 736-5656.",,,,,,,,,,,,,,,
2175399,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175399/navigation-notice-20-04-barkley-lock-closures/,,lrn,Nashville District,,,,Beginning on 9 Mar,Navigation Notice 20-04: Barkley Lock Closures,,,,,,,,,,"Beginning on 9 Mar, 2020 and lasting until 14 Dec, 2020, there will be a series of closures to
Beginning on 9 Mar, 2020 and lasting until 14 Dec, 2020, there will be a series of closures to Barkley Lock at Cumberland River Mile 30.6 for the replacement of the controls as well as routine maintenance to the Bio-Acoustic Fish Fence (BAFF). The lock will experience complete closures on the following dates unless otherwise specified:
9 – 13 Mar; 27 Apr – 1 May; 14 – 15 Mar (Daylight closure); 4 – 8 May; 30 Mar – 3 April; 18 – 20 May (Daylight closure); 6 – 10 Apr; 24 – 28 Aug; 13 – 17 Apr; and 16 – 18 Nov (Daylight closure).
There are also scheduled to be several 4-hour lock closures during this period lasting until 14 Dec, 2020. This schedule is subject to change at this time.
For more information contact: John ""Caleb"" Skinner at John.c.skinner@usace.army.mil or (270) 362-4226.",,,,,,John C Skinner,John.c.skinner@usace.army.mil,,,,,,,,
2175434,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175434/navigation-notice-20-06-tennessee-river-navigation-charts-replacement-to-chart/,,lrn,Nashville District,,,,,Navigation Notice 20-06: Tennessee River Navigation Charts Replacement to Chart 16B,,,,,,,,,,"TENNESSEE RIVER NAVIGATION CHARTSREPLACEMENT TO CHART 16B
TENNESSEE RIVER NAVIGATION CHARTS
REPLACEMENT TO CHART 16B",,,,,,,,,,,,,,,
2175468,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175468/navigation-notice-20-07-revised-dates-for-temporary-reopening-of-old-hickory-lo/,,lrn,Nashville District,,,,Due to issues arising from the current maintenance work,Navigation Notice 20-07: Revised Dates for Temporary Reopening of Old Hickory Lock,,,,,,,,,,"Due to issues arising from the current maintenance work, Old Hickory Lock at Cumberland River mile
Due to issues arising from the current maintenance work, Old Hickory Lock at Cumberland River mile 216.1will be temporarily opened (with restrictions) to Navigation from 6 a.m. on Fri, Mar 20th until 6 a.m. on Mon, Mar 23rd.Adewatering structure is currently installed on the upper land wall, just past the upper miter gate, so the following restrictions shall be followed:
Total dimensions of the tow shall be no larger than 35' wide and 395' long. A combination of a 35'x195' and 35'x200' can be locked through together single wide. Two 200’ length barges will not be allowed to lock through. A helper boat will be required to guide the tows pass the restricted area going up and downstream. Special attention will be needed along the river wall as well, where there is a section of the wall removed.
At 6 a.m. on Mon Mar 23rd, the lock will be closed again for repair crews to continue maintenance activities. The lock will remain closed until a future temporary re-opening 7-day period starting at 6 a.m. on Fri, Apr 3rd until 6 a.m. Fri, Apr 10th. We don’t anticipate any restrictions with this reopening.
For further information contact: Harold ""Skeeter"" Deskins at Harold.A.Deskins@usace.army.mil or (615) 240-4037.",,,,,,Harold A Deskins,Harold.A.Deskins@usace.army.mil,,,,,,,,
2175507,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175507/navigation-notice-20-08-revised-dates-for-temporary-closure-of-old-hickory-lock/,,lrn,Nashville District,,,,In reference to Navigation Notice 20-07,Navigation Notice 20-08: Revised Dates For Temporary Closure of Old Hickory Lock,,,,,,,,,,"In reference to Navigation Notice 20-07, at 6 a.m. on Fri, Apr 10, 2020, Old Hickory
In reference to Navigation Notice 20-07, at 6 a.m. on Fri, Apr 10, 2020, Old Hickory LockatCumberland River mile 216.1will be closed again for repair crews to continue maintenance activities on the upper end of the lock. The lock will remain closed to all navigation until at 6 a.m. on Fri, May 1, 2020. We anticipate all work being completed with no further restrictions when the lock reopens.
For any questions or concerns, please contact the lockmaster at 615-847-3281.",,,,,,,,,,,,,,,
2175558,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2175558/navigation-notice-20-09-nashville-district-response-to-covid-19/,,lrn,Nashville District,,,,,Navigation Notice 20-09: Nashville District Response to COVID-19,,,,,,,,,,"Nashville District Response to COVID-19Protecting the Workforce While Serving the NationThe U.S.
Nashville District Response to COVID-19
Protecting the Workforce While Serving the Nation
The U.S. Army Corps of Engineers, Nashville District, is taking precautionary measures to protect its workforce, while also remaining committed to maintaining reliable operations so that the Navigation Industry can continue to move critical commodities throughout the Tennessee and Cumberland River watersheds during the COVID-19 public health emergency.
The District has a plan in place for continuity of operations during this pandemic crisis and is prepared to respond to changes accordingly.All 14 Nashville District Navigation Projects remain fully operational. To ensure the health and safety of our lock operators and other lock staff, the Nashville District is implementing measures to minimize exposure risks to COVID-19.
Mitigation measures include:
• Limiting access to the Lock projects to employees or individuals with a mission critical requirement.
• Delaying or postponing contracts when possible.
• Crew changes performed without face to face contact (via camera system).
• Only performing critical maintenance so that social distancing can be maximized.
• Enhanced hygiene measures such as increased frequency of cleaning/disinfecting lock control stands and other common areas.
• Maximizing telework where practicable.
• Utilizing technology and virtual meetings where possible.
The Nashville District will continue to monitor the COVID-19 emergency and the status of our Navigation projects so that we can maintain the fullest flexibility in the event of changing conditions.
For further information contact: Megan Simpson at Megan.E.Kentner@usace.army.mil or (615) 707-1508.",,,,,,Megan E Kentner,Megan.E.Kentner@usace.army.mil,,,,,,,,
2176192,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2176192/navigation-notice-20-10-pickwick-main-lock-closure/,,lrn,Nashville District,,,,,Navigation Notice 20-10: Pickwick Main Lock Closure,,,,,,,,,,"The main chamber at Pickwick Lock at Cumberland River mile 206.7 will be closed for maintenance for
The main chamber at Pickwick Lock at Cumberland River mile 206.7will be closed for maintenance for the installation of an upper closure system on May 06, 2020 at 0600 through Jun 25, 2020 at 0600. There are no temporary openings scheduled at this time and the auxiliary chamber will be available to all traffic. Due to the COVID-19 pandemic this schedule is subject to change. Any changes will be promptly communicated. We appreciate your flexibility during this time.
For more information contact: Randy King at Randall.A.King@usace.army.mil or (731) 925-2334.",,,,,,Randall A King,Randall.A.King@usace.army.mil,,,,,,,,
2176199,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2176199/navigation-notice-20-11-change-in-operations-during-guard-cell-construction-at/,,lrn,Nashville District,,,,,Navigation Notice 20-11: Change in Operations During Guard Cell Construction at Kentucky Lock,,,,,,,,,,"Construction of the Kentucky Lock at Tennessee River mile 22.4 riverward and final guard cell for
Construction of the Kentucky Lock at Tennessee River mile 22.4riverward and final guard cell for the downstream cofferdam requires operational changes during lockages due to the proximity of the guard cell to the approach. The new procedures listed below are being implemented to decrease the probability of an allision. Effective 1 May, 2020 and throughout the construction of the guard cell, estimated to be 3 months, the new lock procedures are:
1) Upbound tows will only be locked-through during daylight hours between the hours of 0600 to 1800.
2) A second helper boat, M/V Carole K, will be utilized to assist upbound tows transiting the lower approach and to stay clear of the guard cell construction.
3) A single helper boat will be utilized for downbound tows transiting the lower approach. A more detailed description of the above new procedures is included in the attached, updated Marine Safety Plan for the Downstream Cofferdam Construction (see starting on page 7). Upon completion of the concrete filled guard cell, it is expected that operation of the existing lock will return to normal operating procedures with limited to no involvement of any helper boats.
For further information contact: Caleb Skinner at John.C.Skinner@usace.army.mil or (270) 362-4222.",,,,,,John C Skinner,John.C.Skinner@usace.army.mil,,,,,,,,
2187942,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2187942/notice-of-adverse-effects-to-the-old-hickory-power-plant-and-intent-to-develop/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers (USACE),Notice of Adverse Effects to the Old Hickory Power Plant and intent to develop a Memorandum of Agreement under the National Historic Preservation Act,,,,,,,,,,"The U.S. Army Corps of Engineers (USACE), Nashville District through consultation with the Tennessee State Historic Preservation Officer has determined that proposed projects at the Old Hickory Power Plant will adversely affect the historic property. In compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA) as amended, (54 U.S.C. § 300101 et seq.), this notice seeks the views of consulting parties and the public.
The U.S. Army Corps of Engineers (USACE), Nashville District through consultation with the Tennessee State Historic Preservation Officer has determined that proposed projects at the Old Hickory Power Plant will adversely affect the historic property. In compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA) as amended, (54 U.S.C. § 300101 et seq.), this notice seeks the views of consulting parties and the public.
Old Hickory Power Plant is a property eligible for listing in the National Register of Historic Places. The Old Hickory Project includes a lock, dam, and hydropower plant at Cumberland River mile 216.2, Davidson and Sumner Counties, Tennessee. Construction began in 1952 and was completed in 1957. The Powerhouse includes four vertical turbine-generator units. Each unit is capable of producing 25 mega-watts with an average annual output of 880,439,923 kilowatt-hours.
In order to maintain reliable and efficient operations, elements of the original property must be replaced. Elements to be replaced, repaired, or rehabilitated over the next decade include: the generator step up (GSU) units, switchyard, major voltage cables, excitation, direct current (DC) systems, and other elements. These alterations constitute and adverse effect to the historic property.
As mitigation for the adverse effect pursuant to 36 CFR 800.6, the Corps is proposing to photodocument the existing conditions, prepare a nomination form for the National Register of Historic Places, and install a new museum quality interpretive display in the entrance foyer. This notice serves to solicit the views of the public pursuant to 36 CFR 800.2(d). If you would like to comment on the determination of an adverse effect, the proposed mitigation measures, or receive more information, please contact Valerie McCormack, Archaeologist, valerie.j.mccormack@usace.army.mil or 615-736-7847 by June 15, 2020.",,,,,,Valerie J Mccormack,valerie.j.mccormack@usace.army.mil,,,,,,,,
2191663,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2191663/public-notice-no-20-35-file-no-lrn-2020-00437/,,lrn,Nashville District,Hamilton,-85.3621,35.0295,Public Notice No. 20-35,Public Notice No. 20-35; File No. LRN-2020-00437,,,,,,645,,,,"Proposed discharge of fill material into 645 linear feet of Unnamed Tributaries of Lookout Creek associated with the construction of an 8,292 square foot convenience store and associated structures in Chattanooga, Hamilton County, Tennessee.
Public Notice No. 20-35
Nashville District
Application No. LRN-2020-00437
Date: May 19, 2020;Expires: June 18, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division,
1301 Riverfront Parkway
Chattanooga, TN 37402
Attn: Aric J. Payne
SUBJECT: Proposed discharge of fill material into 645 linear feet of Unnamed Tributaries of Lookout Creek associated with the construction of an 8,292 square foot convenience store and associated structures in Chattanooga, Hamilton County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT:QuikTrip
C/O Mr. Justin Coons
4705 South 129th East Avenue
Tulsa, Oklahoma 74134
LOCATION: The site of the proposed discharge of fill material into 645 linear feet of Unnamed Tributaries of Lookout Creek is located at 308 Browns Ferry Road, Chattanooga, Hamilton County, Tennessee. USGS Quadrangle: Chattanooga, TN. Latitude: 35.0295, Longitude: -85.3621
DESCRIPTION: This project includes the proposed discharge of fill material into 645 linear feet of Unnamed Tributaries of Lookout Creek. The project includes the construction of a 8,292 square foot convenience store along with scales, 70 parking spaces for vehicles and semi-trucks, and gas and
diesel pumps for personal vehicles and semi-trucks, and all associated utilities. Proposed activities would include rerouting and culverting UT to Lookout Creek, constructing stormwater bypass lines, relocating the sanitary sewer main, and constructing retaining walls. The site is dominated by forested habitats.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: The applicant has stated that the purpose of the proposed project is to provide a regional truck center in order to capture traffic along the I-24 corridor between Chattanooga and Nashville, Tennessee. The proposed project is needed to provide fuel resources along the I-24
corridor.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were unable to avoid and minimize impacts to waters of the U.S. due to site constraints.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has proposed compensatory stream mitigation through the purchase of stream mitigation credits from the Center Point Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those
are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and
the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest
of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates the project is located within the boundary of the Chickamauga andChattanooga National Military Park. There are no National Historic Preservation Act (NHPA) listed structures within one-mile of the permit area. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are
being provided to the SHPO and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Hamilton County, Tennessee.
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Flowering Plants
Large-Flowered Skullcap (Scutellaria montana)
Threatened
Small Whorled Pogonia (Isotria medeoloides)
Threatened
Virginia Spiraea (Spiraea virginiana)
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before June 18, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Mr. Aric Payne, at the above address, or
by email aric.j.payne@usace.army.mil.
/s/
Casey H. Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
2193344,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2193344/public-notice-no-20-36-file-no-lrn-2020-00267/,,lrn,Nashville District,Rutherford,,,Public Notice No. 20-36,Public Notice No. 20-36; File No. LRN-2020-00267,,,,,,,,,,"This notice announces a prospectus has been submitted for the development of the Swanson Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 20-36
Application No. LRN-2020-00267
Date: May 18, 2020; Expires: June 17, 2020
Please address comments to:
Nashville District Corpsof Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Swanson Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Grow Environmental Solutions LLC
1406 Wilson Avenue
Tullahoma, TN 37388
LOCATION: The proposed Swanson Wetland Mitigation Bank is located in Rutherford County, Tennessee (Latitude/Longitude: 35.798222, -86.331983), approximately 2,000 ft. southwest of the intersection of Highway 99 and Dilton Mankin Road.
PURPOSE: The proposed project would provide compensatory mitigation for permitted wetland impacts within the proposed geographic service area of the Stones River (05130203) watershed.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or reserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate
documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The approximately 70 acre site has been in sod and soybean production for the last eight years and historically was used for agricultural production. Site hydrology has been manipulated over the years by various agricultural practices, including ditching. The applicant
reports that the proposed project area currently contains more than 60 acres of wetlands, making this site a candidate for wetland enhancement and restoration.
For more details on the proposed project, the prospectus can be viewed byclicking here. Information in the prospectus will serve as the basis for establishing the wetland mitigation banking instrument (MBI). The MBI will describe in detail the physical and legal characteristics of the bank and how the bank will be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register of Historic Places returned no findings of historic properties within or near the mitigation site. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area.
Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Rutherford County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern Long-eared bat (Myotis septentrionalis)
Threatened
Freshwater Mussels
Littlewing Pearlymussel (Pegias fabula)
Endangered
Flowering Plants
Braun's Rock-cress (Arabis perstellata)
Endangered
Guthrie's (=pyne's) Ground-plum (Astragalus bibullatus)
Endangered
Leafy Prairie-clover (Dalea foliosa)
Endangered
Acopy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by June 17, 2020 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan
Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",05130203,,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2195625,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2195625/public-notice-no-20-34-file-no-lrn-2018-00665/,,lrn,Nashville District,Davidson,,,Public Notice No. 20-34,Public Notice No. 20-34; File No. LRN-2018-00665,,,,,,4000,,,,"Proposed Barge Fleeting at Cumberland River Miles 183.5 and 184.5, Right Bank, Nashville, Davidson County, Tennessee (Pine Bluff Nashville)
Public Notice No. 20-34
Nashville District
Application No. LRN-2018-00665
Date: May 22, 2020; Expires: June 21, 2020
Please address all comments to:
Nashville District U.S. Army Corps of Engineers (USACE),
Regulatory Branch (Attn: Amy Robinson),
3701 Bell Road,
Nashville, TN 37214,
email: amy.m.robinson@usace.army.mil.
SUBJECT: Proposed Barge Fleeting at Cumberland River Miles 183.5 and 184.5, Right Bank, Nashville, Davidson County, Tennessee (Pine Bluff Nashville)
TO ALL CONCERNED: This project has been submitted for a Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and for approval of a Consent to Easement onGovernment flowage easement.
APPLICANT:Pine Bluff Materials Company
1030 Visco Drive
Nashville, Tennessee 37210
LOCATION: Cumberland River Miles 183.5 and 184.5, Right Bank, Flowage Easement Tract 1112-1-E, Cheatham Lake, in Nashville, Davidson County, TN. USGS Quad Nashville West. Latitude 36.169578, Longitude -86.841783. Cumberland River Navigation Chart 25.
DESCRIPTION: The applicant is requesting to establish two barge fleeting areas for a total of 40 barges along approximately 4,000 linear feet of river at the subject locations. Each fleeting area would consist of two groups of 10 barges configured 2 wide (70 feet) by 5 long (1000 feet). The fleet breast line would extend approximately 150 feet riverward from the river bank.
The applicant proposes to moor each fleeted group of ten barges with a spud barge (4 spud barges total) equipped with an anchor on the river bottom. Each spud barge would be secured with two spuds constructed 36-inch diameter and 60-foot in height. Two cubic yards of concrete would be poured into the lower portion of each spud and extend through the spud barge hull to the river bottom. The applicant calculates the spuds weigh approximately 18,600 pounds each plus an additional 7,992 pounds of concrete per spud, totaling 26,592 pounds per spud; therefore, the two spuds per barge apply approximately 53,184 pounds of stability per spud barge/fleeted group of 10 barges. In addition, an anchor would be installed for each spud barge consisting of a Danforth type weighing 10,000 pounds and proof test rating of 165,600. The anchor chain is projected to be 1¾- inch stud link chain (grade 2) with a proof test rating of 176,600. A bridle of chain would lay from barge bow timberhead to timberhead from which a 200-foot course of chain would continue down to connect the anchor.
The applicant performed a test to prove stability of the proposed anchorage system by installing one temporary, test spud barge to moor a maximum of ten barges located at Cumberland River Mile 183.5. A Letter of Permission was issued on June 3, 2019 for the temporary, test spud barge with special conditions carried out during installation, monitoring, daily data recording, and reporting. During the test period from June 4, 2019 through March 31, 2020, no movement of the spud barge was recorded. The test period experienced six high water events known as the “Watch Phase” when water reaches Elevation 393.2 (or 25’ reading on the Nashville Riverfront Gauge), four “Action Phases” when water reaches Elevation 398.2’ (or 30’ reading on the Riverfront Gauge), and one “Emergency Phase” when the water level exceed Elevation 403.2’ (or 35’ reading on the Nashville Riverfront Gauge). The USACE determined the spud barge met the stability test requirements and accepted an application for the two proposed permanent fleeting sites utilizing spud barges as anchorage.
According to the applicant, the location has sufficient water depth (minimum 10' draft depth) and dredging would not be required. No other work within the waterway would be required. Three existing barge terminals in the Nashville area will provide off-loading service of the aggregate material which are Pine Bluff Materials located at CRM 175.6, Pine Bluff Materials located at CRM 192.8, and Hailey’s Harbor River Transportation Terminal at CRM 180.1.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: To establish permanent anchorage for two barge fleeting areas waiting to unload aggregate for concrete and asphalt paving production in the Nashville area. The proposed project is water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated the aggregate materials could be delivered exclusively via truck transport; however, this type of delivery has proven to be costly and inefficient. They stated adequate fleeting locations in the area allow timely deliveries of material. The applicant estimates that one barge load of aggregate equates to approximately 60 tractor-trailer loads of material. In turn,
a 10-barge tow equates to approximately 600 tractor-trailer loads which would reduce tremendous amount of heavy truck traffic. The applicant stated the proposed fleeting locations were strategically selected in proximity along the shoreline avoiding an existing landfill operated by Metro Nashville, other existing marine terminal facilities and/or fleeting areas, and positioned on the inside of a river bend to minimize navigation issues.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangere species, historical properties, water quality, general environmental effects, and the other public interest factors listed above.Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. If necessary, an EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The proposed work involves very minimal ground disturbance by dropping four spuds, 36-inch diameter, into the river bottom for spud barge anchorage. The spuds are expected to penetrate no more than 5’ deep below the river bottom (Elevation 368.1) into the top sediment layer. There are no known National Register eligible or listed properties within the permit area or immediate vicinity and has no potential to affect historic properties. The Corps has determined that it has fulfilled its responsibilities under Section 106. This notice serves to
initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. Any substantive comments would be considered to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the
activities in this location:
Group
Name
Status
Determination
Clams
Cumberlandian Combshell Epioblasma brevidens)
E
May affect; not likely to adversely affect
Clams
Orangefoot pimpleback Plethobasus cooperianus)
E
May affect; not likely to adversely affect
Clams
Pink Mucket (Lampsilis abrupta)
E
May affect; not likely to adversely affect
Clams
Ring Pink (Obovaria retusa)
E
May affect; not likely to adversely affect
Mammal
Indiana bat (Myotis sodalis)
E
No effect
Mammal
Gray bat (Myotis grisescens)
E
No effect
Mammal
Northern Long-Eared Bat
(Myotis septentrionalis)
T
No effect
No designated critical habitat areas were identified.
The project is contained to the waterway and no upland areas or tree removal would be required.Spuds are expected to penetrate into the top layer of river bottom sediments that are approximately 20 to 30 feet deep. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work.
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A copy of the notice is being furnished to the USFWS for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the U.S. Army Corps of Engineers (USACE) will evaluate the potential effects on proposed and/or listed species and their
designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work include, but not limited to:
a. A Section 408 approval from the Nashville District is required to ensure the work is not injurious to the public interest or impair the usefulness of the USACE Navigation project.
b. Consent to Easement from USACE Real Estate Office.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specifiedin this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson at email:
amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
2207859,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2207859/public-notice-no-lrn-20-20-file-no-lrn-0-7524200/,,lrn,Nashville District,Meigs,,,Proposed Community Fixed Dock with 8 Boat Slips,Public Notice No. LRN-20-20: File No. LRN-0-7524200,,,,,,,,,,"Proposed Community Fixed Dock with 8 Boat Slips, Agency Creek 0.1L, Hiwassee River Mile 7.9R, Meigs County, Tennessee
Nashville District
Application No. LRN-
Date: June 4, 2020: Expires: July 4, 2020
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Ken M. Jones)
501 Adesa Pkwy
Suite 250,
Lenoir City, TN 37771
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Community Fixed Dock with 8 Boat Slips, Agency Creek 0.1L, Hiwassee River Mile 7.9R, Meigs County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT:Pangle Point HOA
1331 Hiwassee Circle
Decatur, TN 37322
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within the boundaries of the Pangle Point, LLC Community Lot on Chickamauga Reservoir, Agency Creek 0.1L, Hiwassee River Mile 7.9R, Meigs County, Tennessee.The project is located on Chickamauga Reservoir within the Agency Creek-Hiwassee River
060200021407 HUC-12 watershed. The project site can be found on the TN-BIRCHWOOD 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct community dock consisting of 8 boat slips. The proposal includes the construction of one fixed, covered structure measuring 120ft x 74ft with a 6ft x 37 foot walk way for a total lakeward extension of 159 feet. The structure will consist of two 10ft x 28ft boat slips, four 12ft x 34 boat slips, one 20ft x 60ft slip, one 22ft x 60ft slip and a 24ft x 66ft deck. See Attachment 2 Project plans. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:The applicant had stated impacts to Chickamauga Reservoir were minimized during the design phase as proposed dredge and bank stabilization were removed from the plans and minimal impacts are expected with the floating structure.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of a fixed and floating community dock structure.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE and TVA are soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE and TVA to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Cumberland Bean (pearlymussel) (Villosa Trabalis)
Endangered
Fishes
Snail Darter (Percina tanasi)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
Acopy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before July 4, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-0-7524200 and be directed to the Regulatory Branch, Attention: Ken M. Jones,
at the above address or email at ken.m.jones@usace.army.mil and Bradley Hubbard, at Tennessee Valley Authority, P.O. Box 1010, Muscle Shoals, Alabama 35662 or email bdhubbard0@tva.gov.
Sincerely,
/s/
Casey Ehorn Chief,
East Branch
Regulatory Division
U.S Army Corps of Engineers",60200021,,,,,Ken M Jones,ken.m.jones@usace.army.mil,,,,,,,,
2208997,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2208997/special-public-notice-20-26/,,lrn,Nashville District,,,,,Special Public Notice 20-26,,,,,,,,,,"Proposed Regional General Permit 20-RGP-01
Special Public Notice
Public Notice No. 20-26
Nashville District
Date: June 5, 2020
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Aurora Scott)
3701 Bell Road
Nashville, TN 37214
Phone 615-369-7520
Aurora.C.Scott@usace.army.mil
SUBJECT: Proposed Regional General Permit 20-RGP-01
TO ALL CONCERNED: Interested parties are hereby notified that in accordance with 33 CFR 325.2(e)(2) and 325.3(b), the Nashville District of the U.S. Army Corps of Engineers (USACE) is proposing to issue a Regional general permit (RGP), described herein, pursuant to Section 10 of the Rivers and
Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA). A provisional determination (copy available from this office for review) has been made that the individual activities proposed for issuance under the RGP comply with the requirements for issuance of general permits as required by
33 CFR 325.3(6 ).
This permit would be valid for a period of 5 years, to expire in 2025. If unforeseen adverse impacts result from the issuance of this RGP, it may be modified or terminated. However, before this RGP can be issued, certification must be provided, pursuant to Section 401(a)(1) of the CWA,
that applicable water quality standards would not be violated for proposed Clean Water Act activities, from the following agencies:
• Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet
• State of Tennessee, Department of Environment and Conservation This public notice serves as notification to these agencies for their certification.
PERMIT TITLE: Regional General Permit 20-01 for Minor Structures, Fill, Dredging, and Work in Old Hickory Lake, Lake Barkley, Cheatham Lake, Center Hill Lake, Lake Cumberland, Cordell Hull Lake, Dale Hollow Lake, J. Percy Priest Lake, Laurel River Lake, and Martins Fork Lake - U.S. Army Corps
of Engineers Reservoirs – Nashville District, within the State of Tennessee and the Commonwealth of Kentucky.
ISSUING OFFICE: Nashville District - Regulatory Division
U.S. Army Corps of Engineers
3701 Bell Road
Nashville, Tennessee 37214-2660
PURPOSE: In recognition of the fact that both the U.S. Army Corps of Engineers Regulatory Division and U.S. Army Corps of Engineers Reservoir Natural Resource Managers have related authorities and permitting responsibilities for regulating waters of the U.S., specifically navigable waters within
U.S. Army Corps of Engineers reservoir boundaries, and in order to improve agency cooperation, consultation, and efficiency, the Corps is considering the issuance of the subject RGP. Issuance of this RGP would reduce and/or eliminate overlapping environmental reviews and permitting actions
taken by both groups within the Nashville District Regulatory boundaries.
LOCATION OF ACTIVITIES: The U.S. Army Corps of Engineers reservoir boundary is defined as the extent to which the U.S. owns reservoir property entrusted to the U.S. Army Corps of Engineers (including both fee-owned land and flowage easements).
The RGP would be applicable to the U.S. Army Corps of Engineers reservoir boundary, which specifically includes navigable and slack waters of Old Hickory Lake, Lake Barkley, Cheatham Lake, Center Hill Lake, Lake Cumberland, Cordell Hull Lake, Dale Hollow Lake, J. Percy Priest Lake, Laurel River Lake, and Martins Fork Lake.
ACTIVITIES TO BE COVERED: A draft copy of 20-RGP-01 is attached.
PROCEDURES FOR USE OF THE RGP: Notification is required for all activities under 20-RGP-01, and the application for a Shoreline Use Permit to the applicable reservoir’s Natural Resource Managers shall serve as notice. When the USACE Natural Resource Manager completes review of a proposed
activity and issues a Shoreline Use Permit (issued pursuant to 36 CFR 327.30) for a structure, fill or work consistent with 20-RGP-01, the activity is automatically authorized by the USACE pursuant to Section 10 and/or Section 404 under the authority of 20-RGP- 01. For 20-RGP-01 (E)(1), the Natural Resource Manager will issue a verification pursuant to Section 10 under the Authority of 20-RGP-01 in the form of a Shoreline Use Permit. See the
attached draft copy of 20-RGP-01 for further details.
HISTORIC AND CULTURAL RESOURCES: The Corps will comply with the National Historic Preservation Act of 1966, as amended, and procedures set forth in Appendix C of 33 CFR part 325. The Corps will conduct a case by case review as projects are proposed. The Corps will evaluate input by the State
Historic Preservation Office, Tribal Historic Preservation Officers, Indian Tribes and thepublic in response to this public notice. An activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places will not be authorized by this regional general permit until the Corps has complied with the provisions of Appendix C.
ENDANGERED/THREATENED SPECIES REVIEW: In compliance with the Endangered Species Act (ESA), the Corps will evaluate every proposed project and make an individual effect determination. In order to complete our evaluation of this proposal, comments are solicited from the U.S. Fish and Wildlife
Service (FWS) and other interested agencies and individuals. If an individual activity proposed for authorization by this RGP may affect a species designated as threatened or endangered or adversely affect critical habitat, the Corps will consult with FWS before completing the permit determination.
EVALUATION FACTORS: The decision to issue the RGP will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposal on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The
benefits which reasonably may be expected to accrue must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety; food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of this proposal on the public interest will include application of the guidelines promulgated by the administrator of the Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act (40 C.F.R.; Part 230).
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, federal, state, and local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposal. Any comments received will be considered by the Corps to determine whether to reissue the RGP. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposal.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office by July 6, 2020 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms.
Aurora Scoot at the above address or by email: Aurora.C.Scott@usace.army.mil .
BY:
/s/
Casey H Ehorn Chief, East Branch
Regulatory Division
Nashville District
U.S. Army Corps of Engineers",,,,,,Aurora C Scott,Aurora.C.Scott@usace.army.mil,,,,,,,,
2211836,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2211836/navigation-notice-20-16-two-barkley-lock-outages-scheduled/,,lrn,Nashville District,,,,Barkley Lock at Cumberland River mile 30.6 on the Tennessee River in Grand Rivers,Navigation Notice 20-16: Two Barkley Lock outages scheduled,,,,,,,,,,"Barkley Lock at Cumberland River mile 30.6 on the Tennessee River in Grand Rivers, Kentucky, is undergoing two complete closures for maintenance on the land wall and river wall. The first closure is from 6 a.m. July 20 to 6 a.m. Aug. 3, 2020. The second closure is 6 a.m. Aug. 10 to 6 a.m. Aug. 17, 2020. For more information, call the lock at 270-362-4226.
Barkley Lock at Cumberland River mile 30.6 on the Tennessee River in Grand Rivers, Kentucky, is undergoing two complete closures for maintenance on the land wall and river wall. The first closure is from 6 a.m. July 20 to 6 a.m. Aug. 3, 2020. The second closure is 6 a.m. Aug. 10 to 6 a.m. Aug. 17, 2020. For more information, call the lock at 270-362-4226.",,,,,,,,,,,,,,,
2213746,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2213746/notice-of-availability-for-environmental-assessment-and-signed-finding-of-no-si/,,lrn,Nashville District,Russell,,,On July 24,"Notice of Availability for Environmental Assessment and Signed Finding of No Significant Impact ; Lake Cumberland Marina; Russell County, Kentucky",,,,,,,,,,"On July 24, 2019, J.D. Hamilton, owner of Lake Cumberland Marina (LCM), submitted an application to the U.S. Army Corps of Engineers (USACE) to expand the existing LCM lease to the boundary of the public park and recreation lease at Russell County Park (RCP). The expansion was requested to facilitate construction of 227 parallel boat slips and 26 floating cabins on Wolf Creek and a 530' x 16' courtesy dock within RCP, which would connect the slips to the RCP parking lot. After considering public and agency comments, USACE determined in the Final EA that issuing the respective approvals and allowing an expansion of Lake Cumberland Marina to be constructed under either Alternative 2 or Alternative 3 would not cause significant adverse effects on the quality of the human environment. Preparation of an Environmental Impact Statement is therefore not required and a FONSI document was signed by LTC Sonny Avichal on June 3, 2020. USACE Real Estate Division approved the applicant's lease expansion proposal (Alternative 2) on June 9, 2020.
On July 24, 2019, J.D. Hamilton, owner of Lake Cumberland Marina (LCM), submitted an application to the U.S. Army Corps of Engineers (USACE) to expand the existing LCM lease to the boundary of the public park and recreation lease at Russell County Park (RCP). The expansion was requested to facilitate construction of 227 parallel boat slips and 26 floating cabins on Wolf Creek and a 530' x 16' courtesy dock within RCP, which would connect the slips to the RCP parking lot. On April 13, 2020, USACE advertised a Draft Environmental Assessment (EA) and Unsigned Finding of No Significant Impact (FONSI) document to the public for a 30 day comment period. The Draft EA considered the applicant's proposal (Alternative 2) against the ""no action"" alternative (Alternative 1), under which no lease expansion or addition of boat slips would occur. USACE also considered a third alternative, involving expansion of the LCM lease area southward at the downstream end of the current lease boundary to accommodate construction of approximately 227 parallel boat slips west of the existing dock infrastructure and a courtesy float potentially added at multiple locations along the shoreline. After considering public and agency comments, USACE determined in the Final EA that issuing the respective approvals and allowing an expansion of Lake Cumberland Marina to be constructed under either Alternative 2 or Alternative 3 would not cause significant adverse effects on the quality of the human environment. Preparation of an Environmental Impact Statement is therefore not required and a FONSI document was signed by LTC Sonny Avichal on June 3, 2020. USACE Real Estate Division approved the applicant's lease expansion proposal (Alternative 2) on June 9, 2020.",,,,,,,,,,,,,,,
2216047,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2216047/navigation-notice-20-17-procedures-provided-for-spike-barge-double-lockages-at/,,lrn,Nashville District,,,,,Navigation Notice 20-17: Procedures provided for spike barge double lockages at Wilson Lock,,,,,,,,,,"Vessels requesting an upbound double lockage with a spike barge on the head at Wilson Lock main chamber must position the spike barge on the port or starboard head in order to catch towing lines. By having the spike barge on the port or starboard head the barge will be positioned in line with the concrete barriers designed to protect the upper lift gate.
Vessels requesting an upbound double lockage with a spike barge on the head at Wilson Lock main chamber must position the spike barge on the port or starboard head in order to catch towing lines. By having the spike barge on the port or starboard head the barge will be positioned in line with the concrete barriers designed to protect the upper lift gate.
If the first cut is locking four barges and the spike barge is positioned in the center of the first cut, vessels will be required to not pass the 125-foot marker.
Wilson Lock is located at Tennessee River mile 259.4 on the Tennessee River in Florence, Alabama. For more information, call the lock at 256-764-5223.",,,,,,,,,,,,,,,
2222311,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2222311/navigation-notice-20-18-intermittent-closures-set-at-chickamauga-lock/,,lrn,Nashville District,,,,Intermittent closures are expected between 8 a.m. and 5 p.m. daily between June 24 and 28 and July 6-30,Navigation Notice 20-18: Intermittent closures set at Chickamauga Lock,,,,,,,,,,"Intermittent closures are expected between 8 a.m. and 5 p.m. daily between June 24 and 28 and July 6-30, 2020 at Chickamauga Lock located at Tennessee River mile 471 in Chattanooga, Tennessee, for diving and maintenance operations. For both closure periods, no lockage will be started that cannot be completed by 8 a.m. For more information, contact the lock at 423-875-6230.
Intermittent closures are expected between 8 a.m. and 5 p.m. daily between June 24 and 28 and July 6-30, 2020 at Chickamauga Lock located at Tennessee River mile 471 in Chattanooga, Tennessee, for diving and maintenance operations. For both closure periods, no lockage will be started that cannot be completed by 8 a.m. For more information, contact the lock at 423-875-6230.",,,,,,,,,,,,,,,
2224069,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2224069/navigation-notice-20-19-intermittent-closures-at-chickamauga-nickajack-locks/,,lrn,Nashville District,,,,Nickajack Lock at Tennessee River mile 424.7 in Jasper,"Navigation Notice 20-19: Intermittent closures at Chickamauga, Nickajack locks",,,,,,,,,,"Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, and Chickamauga Lock at Tennessee River mile 471 are closing 9 a.m. to 3 p.m. daily July 14-16 and 21-23, 2020 while Tennessee Wildlife Resources Agency performs mussel surveys. Mariners should stay clear of the area during these periods due to divers in the water. Contact Nickajack Lock at 423-942-3985 or Chickamauga Lock at 426-875-6230 for more information. Either lock can be contacted on Marine channel 13/16 with any questions or concerns.
Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, and Chickamauga Lock at Tennessee River mile 471 are closing 9 a.m. to 3 p.m. daily July 14-16 and 21-23, 2020 while Tennessee Wildlife Resources Agency performs mussel surveys. Mariners should stay clear of the area during these periods due to divers in the water. Contact Nickajack Lock at 423-942-3985 or Chickamauga Lock at 426-875-6230 for more information. Either lock can be contacted on Marine channel 13/16 with any questions or concerns.",,,,,,,,,,,,,,,
2225019,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2225019/navigation-notice-20-20-diving-operations-at-kentucky-lock-july-7-10-2020/,,lrn,Nashville District,,,,Lewis Environmental Consulting,"Navigation Notice 20-20: Diving operations at Kentucky Lock July 7-10, 2020",,,,,,,,,,"Lewis Environmental Consulting, LLC is conducting diver operations in support of Kentucky Dam Mussel Survey work 7 a.m. to 5 p.m. July 7-10, 2020. The survey work involves working within the lower approach channel. Divers will be pulled from the channel as needed to minimize traffic delays. Vessel operators should exercise caution when transiting this area and allow enough time for the dive crews to pull divers from the water safely. Marine channel will be monitored.
Lewis Environmental Consulting, LLC is conducting diver operations in support of Kentucky Dam Mussel Survey work 7 a.m. to 5 p.m. July 7-10, 2020. The survey work involves working within the lower approach channel. Divers will be pulled from the channel as needed to minimize traffic delays. Vessel operators should exercise caution when transiting this area and allow enough time for the dive crews to pull divers from the water safely. Marine channel will be monitored.",,,,,,,,,,,,,,,
2234074,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2234074/public-notice-no-20-38-file-no-lrn-2019-01123/,,lrn,Nashville District,Putnam,,,Public Notice No. 20-38,Public Notice No. 20-38; File No. LRN-2019-01123,,,,,,,,,,"Proposed residential development in Cookeville, Putnam County, Tennessee
Public Notice No. 20-38
Nashville District
Application No. LRN-2019-01123
Date: June 29, 2020; Expires July 29, 2020
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Aurora Scott)
3701 Bell Road
Nashville, TN 37214
Phone 615-369-7520
SUBJECT: Proposed residential development in Cookeville, Putnam County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 20.131) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT: J.A. Sergio and Sons
885 Clarence Gillen Road
Sparta, TN 38583
LOCATION: Wetlands adjacent to Unnamed Tributary to Burton’s Branch; HUC 051301060204 – Spring Creek Watershed; Latitude N. 36.191735°,
Longitude W. -85.469046°; North of Beecher Blvd in Cookeville, Putnam County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to develop a single family homes residential development on the subject property that will involve deposition of fill material into 3.47 acres of jurisdictional wetlands.
Plans and location maps of the proposed project are provided in this notice. If you wish to view
additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To provide additional residential housing to the area. The residential development will provide approximately 200 additional single family housing units to the Cookeville area which is experiencing a population increase and a decrease in available single family homes for purchase.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to offset unavoidable impacts by purchasing credits at a 2:1 ratio from Roaring Paunch Wetland Mitigation Bank (4.74 credits) and Bakers Crossroads Wetland Mitigation Bank (2.2 credits).
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food
and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230). SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates there are no federally listed historic properties within one-mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public notice serves to initiate the public involvement requirements of Section 106 ofthe National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or
endangered or any designated critical habitat. Initial coordination with the USFWS indicates no presence of federally listed endangered or threatened species in the vicinity of the action area. A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by July 29, 2020, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2019-01123, and be directed to the Regulatory Division, Attention: Aurora
Scott, at the above address or at Aurora.C.Scott@usace.army.mil.
Casey Ehorn
Chief, East Branch
Regulatory Division
US Army Corps of Engineers",51301060,,,,,Aurora C Scott,Aurora.C.Scott@usace.army.mil,,,,,,,,
2243093,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2243093/public-notice-no-20-39-file-no-lrn-2018-00391/,,lrn,Nashville District,Cumberland,,,Public Notice No. 20-39,Public Notice No. 20-39; File No. LRN-2018-00391,,,,,,5275,,,,"Proposed discharge of fill material into waters of the United States to facilitate widening and improvements on a segment of SR-462 (Northwest Connector) from SR-28 (US-127) to SR-298 (Genesis Road), in Crossville, Cumberland County, Tennessee. TDOT Project No.
18462-1201-14. TDOT PIN 104963.01.
Public Notice No. 20-39
Nashville District
Application No. LRN-2018-00391
Date: July 2, 2020; Expires: August 2, 2020
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
501 Adesa Parkway, Suite 250,
Lenoir City, Tennessee 37771
SUBJECT: Proposed discharge of fill material into waters of the United States to facilitate widening and improvements on a segment of SR-462 (Northwest Connector) from SR-28 (US-127) to SR-298 (Genesis Road), in Crossville, Cumberland County, Tennessee. TDOT Project No.
18462-1201-14. TDOT PIN 104963.01.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be
provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated. The applicant has applied for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street, Suite 900,
J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 1.55-mile project begins near the intersection of Interstate Drive/ Northside Drive (SR-462) with U.S. Highway 127 (SR-28), and ends near the intersection of Interstate Drive with Genesis Road (SR-298), in the City of Crossville. Coordinates of the project beginning and ending are approximately N. 35.9865°, W. 85.0389° and N. 35.9783°, W. 85.0148°, respectively. Waters of the U.S. proposed for impact include Proctor Creek, unnamed tributaries to Proctor Creek, Obed River, Little Obed River, and unnamed wetlands. The project is located within Cumberland County,
Tennessee, within the Obed River Watershed (HUC-8: 06010208-Emory).
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes a connector road at the above described location, by constructing improvements along and widening the existing two-lane Interstate Drive to a five-lane roadway, which will be functionally classified as an urban minor arterial road, with a design speed of 40 mph. The typical roadway cross section includes four 12-foot travel lanes (two in each direction), a continuous 12-foot center turn lane, 4-foot paved shoulders/bike lanes on both sides, curb and gutter, and five-foot sidewalks on both sides within approximately 92 feet of right-of-way. The total proposed length of roadway construction and improvements is 1.63 miles. The estimated time for completing this project is four years. The project scope includes all associated drainage improvements. In order to facilitate the project, the discharge of fill material is proposed within sixteen (16) perennial or intermittent streams, and fifteen (15) wetlands. A total of 5,275 linear feet of streams (0.463 acre) and 1.41 acres of wetland would be permanently impacted by the proposed discharge of fill material related to the roadway improvements. Additionally, the proposal includes the discharge of temporary fill material associated with the installation and maintenance of erosion prevention and sediment control (EPSC) measures. A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, this project is the third independent segment of an approximately 4.5-mile total length of connector road, designated State Route (SR) 462, from SR-1 (US-70) to SR-298 (Genesis Road). The proposed Northwest Connector project will provide access, improve traffic flow and capacity, relieve traffic congestion, and improve roadway deficiencies. Construction of the proposed project will reduce the need for motorists to travel many of the congested routes along Crossville’s commercial strip, and will improve access to the Crossville Memorial Airport, the Cumberland County Playhouse, and other popular destinations from I-40. The proposed route will have minimal driveway and access points, which offers safer travel to motorists. The proposed project is intended to improve and correct the existing route of Interstate Drive, including its operating characteristics, inadequate traffic capacity, roadway deficiencies, including geometric and structure deficiencies and deficiencies in pavement, pavement width, grade, and drainage. The applicant has determined that this connector road segment is complete and independent, with logical project end points.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The applicant has examined multiple alternatives to the proposed project. Constructing minor improvements to the existing facility would preserve the existing land use and travel patterns within the corridor with no disruptions, inconveniences, or displacements. However, this alternative was not selected because it would not relieve existing and future traffic flow problems or reduce accident rates; nor would it provide an improved transportation system needed to accommodate future growth and development. According to the applicant, widening the existing roadway is the preferred option and will correct pavement, drainage, and grade deficiencies. During completion of the Environmental Assessment, TDOT examined two alternatives: the “No-Build Alternative” and one “Build Alternative” (the selected alternative). The No-Build Alternative is not proposed by TDOT, since it does not meet the purpose and need of the project. The Build Alternative was selected to satisfy purpose and need.
To minimize impacts to streams and wetlands, the steepest roadway side slopes feasible while maintaining safety are used. The proposed replacement box culvert at STR-3 will be embedded one foot deep within the stream channel, and the proposed replacement box culvert at STR-4 (Proctor Creek) will be embedded two feet deep within the stream channel, all to facilitate the upstream and downstream passage of aquatic species. These embedded structures are proposed to be back-filled with natural creek gravel to the specified embedment depth. Measures to facilitate aquatic species passage are not proposed for structures on the remaining streams; data shows that these stream resources do not currently allow for aquatic species passage because of minimal flow, existing obstructions, or because the streams originate within the project footprint. Any riprap channel protection placed within the stream channels at the inlet or outlet of culverts would be placed to mimic the existing contours of the stream. The top of the proposed riprap would be installed at-grade with the bottom of the stream channel, and voids within the riprap would be filled with creek gravel to prevent stream loss within riprap areas. Staging areas for construction of the bridges are located outside of wetland areas. During the course of design, wetland impacts at WTL-6, WTL-7, and WTL-8 were reviewed and further reduced.
To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. Only 50 acres of land disturbance are proposed at any time, and all in-channel construction activities would be completed in the dry and separated from flowing water by using temporary cofferdams, cribs, or stream diversions as appropriate. Standard best management practices (BMPs) will be installed and maintained during roadway construction to reduce the likelihood of erosion and migration of sediment from the project site into adjacent environmental features. High visibility fencing would be installed during construction to ensure that only authorized impacts to waters of the U.S. occur.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 5,275 linear feet of streams, the applicant proposes to obtain 856.4 functional feet stream credits from the Mud Creek Stream Mitigation Bank, located in Morgan County, Tennessee, which is currently pending approval by the Interagency Review Team (IRT). The proposed stream impacts would be within the proposed primary service area of this mitigation bank.
To compensate for unavoidable permanent impacts to 1.41 acres of wetland, the applicant proposes debiting, at a 2:1 ratio, 2.82 advanced wetland mitigation credits in the Upper Tennessee River Service Area, from the Tennessee Mitigation Fund (TMF) In-Lieu Fee (ILF) Program. The proposed
wetland impacts are within this ILF service area.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening
project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall
public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for complying with Section 106 of the National Historic Preservation Act (NHPA). A Phase I Archaeological Survey of SR-462 from SR-1 (US-70) to
SR-298 (Genesis Road) was completed in 2005. No archaeological resources were identified within the project area of this proposal. TDOT submitted the findings of this report to the State Historic Preservation Office (SHPO) on December 13, 2005, indicating that no NRHP listed or eligible archaeological properties would be affected by this proposal. The SHPO concurred with TDOT's findings on December 19, 2005, indicating “we find that the project area contains no archaeological resources eligible for listing in the National Register of Historic Places.”
A historical/architectural assessment was conducted by TDOT for this project, with a report dated May 2004. TDOT historians surveyed the area of potential effect (APE), which includes the USACE’s permit area for this segment of the project, including a SHPO survey records search to determine if
any previous architectural surveys had identified any historic properties in the area. The report indicated that no properties in the project area of potential effect are currently included in the NRHP, nor have any been determined eligible for inclusion. On June 1, 2004, TDOT submitted the report to the SHPO, indicating that it was their opinion that the proposed project would have no effect on any National Register eligible properties. The SHPO concurred with this finding on June 8, 2004, indicating “we find that the area of potential effect contains no architectural resources eligible for listing in the National Register of Historic Places affected by this undertaking.” Due to the age of the previous assessment and correspondence, an architectural assessment update was completed by TDOT and submitted to the SHPO on March 15, 2017, indicating their opinion that the original findings remain valid and there are no National Register listed or eligible historic properties that are located within the project’s APE. The SHPO concurred with this finding on March 21, 2017, indicating “we find that no architectural resources eligible for listing in the National Register of Historic Places will be affected by this undertaking.”
USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If USACE/TDOT determines that consultation is required, USACE/TDOT would consult with the Tennessee Historic Commission (SHPO) and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for conducting environmental review under Section 7 of the ESA. TDOT completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on January 29, 2015, December 23, 2019, and March 3, 2020. Additionally, the applicant conducted ESA field reviews in January 2015. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. Listed species potentially located within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Mammals
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
The above described ESA documentation was provided to the USFWS for consultation. In order to determine the presence of bats, a mist netting survey was performed between June 30 and July 1, 2016, at one site along the project corridor. Efforts resulted in the capture of four bats, representing two non-listed bat species. The survey information was provided to the U.S. Fish and Wildlife Service (USFWS) on September 20, 2016. On October 11, 2016, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long- eared bat based on the negative survey results. The USFWS also wrote “based on the best information available at this time, we believe that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.” Based on the 2018 Range-Wide Indiana Bat Survey Guidelines, TDOT re-coordinated with the USFWS on multiple projects via a letter on February 26, 2019. On February
27, 2019, the UFWS responded “In light ofthe fact that each of the surveys were negative for the presence of Indiana bat and northern long-eared bat, we concurred with TDOT’s determinations of “not likely to adversely affect” at that time and provided our project section 7 clearance. As per the 2018 referenced guidance, each of these bat surveys is now valid until April 1, 2022, and our corresponding project section 7 clearances are still in effect.”
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other
federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination.Any response to this notice should be directed to John Price, Nashville District Corps of
Engineers, Regulatory Division, at the above address, at 865-986-7296, or via email: john.c.price@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",06010208,,,,,John C Price,john.c.price@usace.army.mil,,,,,,,,
2246092,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2246092/public-notice-no-20-37-file-no-lrn-2020-00220/,,lrn,Nashville District,Williamson,,,Public Notice No. 20-37,Public Notice No. 20-37; File No. LRN-2020-00220,,,,,,165,,,,"Proposed horizontal directional drill approximately 165 lf crossing underneath the Harpeth River and the associated temporary fill in the event of inadvertent loss of drilling fluid into the stream detailed in the frac-out contingency plan in Franklin, Williamson County, Tennessee.
Public Notice No. 20-37
Nashville District
Application No. LRN-2020-00220
Date: July 2, 2020;Expires: August 02, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division,
3701Bell Road
Nashville, TN 37214
Attn: Samantha Iskrzycki
SUBJECT: Proposed horizontal directional drill approximately 165 lf crossing underneath the Harpeth River and the associated temporary fill in the event of inadvertent loss of drilling fluid into the stream detailed in the frac-out contingency plan in Franklin, Williamson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States and to Section 10 of the Rivers and Harbor Act of 1899 for crossing a navigable waters of the United States. Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT:Atmos Energy
C/O Mr. Ryan Austin
810 Crescent Centre Drive #600
Franklin, TN 37067
LOCATION: The site of the proposed crossing and potential temporary discharge of fill material into 165 linear feet of the Harpeth River is located near the intersection of Lewisburg Avenue and Carnton Lane, Franklin, Williamson County, Tennessee. Latitude: 35.913621, Longitude: -86.863332.
DESCRIPTION: A gas line will be installed underneath the bed of the Harpeth River using Horizontal Directional Drilling (HDD) methods. In the event of the inadvertent loss of drilling fluid (a ""frac-out""), a contingency plan will be implemented to contain the spill. It involves the temporary discharge of fill material into 165 feet of the Harpeth River. The site has been disturbed previously by roads and residential development and previously installed pipelines are in the vicinity as well.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: The applicant has stated that the purpose of the proposed project is to replac an existing gas distribution line that served a similar function. The proposed project is needed to maintain the availability of natural gas to Franklin, Tennessee residents.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant will be using Horizontal Directional Drilling technology, no direct effects to the Harpeth River are expected except in the event of a frac-out. In the instance of a frac-out, hand-placed containment such as silt curtains or turbidity barriers will be placed, and a vac-truck employed if necessary. All fill contingency measures will be removed when no longer needed.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based onan evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The applicant provided a Phase 1 cultural resource survey and report for the proposed project site covering approximately 3.2 acres. Aside from 2 isolated artifacts, no archaeological sites were identified within the 3.2 acres survey area. A copy of this notice is being sent to Tennessee Historical Commission, the State Historic Preservation Office (SHPO), and Federally recognized tribes for their comments and consultation under Section 106 of the National Historic Preservation Act. The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic
properties and cultural American Tribes, and otherconsulting parties in accordance with Section 106 of the National HistoricPreservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant and consultation from USFW and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Williamson County,
Tennessee.
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern-long eared bat (Myotis septentrionalis)
Threatened
Flowering Plants
Leafy Prairie-clover (Dalea Foliosa)
Endangered
Price’s Potato-bean (Apios priceana)
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. USFWS was consulted January 3, 2020 and provided a determination of “may affect, but is not likely to adversely affect” for the bat species Indiana bat (Myotis
sodalis) and northern long-eared bat (Myotis septentrionalis) in the area. USFW reported that they were unaware of any occurrence records for federally threatened or endangered species within the action area. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before August 02, 2020, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Samantha Iskrzycki, at the above address, or by email samantha.n.iskrzycki@usace.army.mil.
//s//
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Samantha N Iskrzycki,samantha.n.iskrzycki@usace.army.mil,,,,,,,,
2269906,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2269906/public-notice-no-20-21-file-no-lrn-2004-01092/,,lrn,Nashville District,Benton,-88.112445,35.861315,Public Notice No. 20-21,Public Notice No. 20-21; File No. LRN-2004-01092,,,,,,30,,,,"Proposed discharge of fill material into streams and wetlands to stabilize an existing overburden slope failure and support expansion of overburden capacity area within Vulcan Benton County Quarry, located in Holladay, Benton County, Tennessee
Public Notice No. 20-21
Nashville District
Application No. LRN-2004-01092
Date: July 10, 2020;Expires: August 10, 2020
Please address all comments to:
Nashville District U.S. Army Corps of Engineers (USACE),
Regulatory Branch (Attn: Amy Robinson),
3701 Bell Road,
Nashville, TN 37214,
email: amy.m.robinson@usace.army.mil
SUBJECT: Proposed discharge of fill material into streams and wetlands to stabilize an existingoverburden slope failure and support expansion of overburden capacity area within Vulcan Benton County Quarry, located in Holladay, Benton County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated, the applicant has applied for the required certification.
APPLICANT: Vulcan Materials Company (Vulcan)
C/O Ms. Holly Brunson
115 East Park Drive, Suite 100
Nashville, Tennessee 37027
LOCATION: Within the existing Vulcan Benton County Quarry in unnamed tributaries and wetlands to Little Wolf Creek, located at 8595 State Road, Holladay, Benton County, Tennessee (latitude 35.861315; longitude-88.112445). USGS Quadrangle Maps Rockport and Sugar Tree, TN
DESCRIPTION: The applicant is requesting to discharge fill material into approximately 1,471.30 linear feet of unnamed tributaries (566.70 linear feet of perennial streams and 904.71 linear feet of intermittent streams) and 2.54 acres of wetlands within their existing quarry, known as Vulcan Benton County Quarry. The proposed project serves two purposes. One is to improve stability of an existing overburden stockpile where a slope failure recently occurred and second is to increase the overburden capacity and stormwater detention storage for the long-term operations of the facility. Proposed impacts to streams and wetlands with compensatory mitigation calculations are provided below.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has proposed compensatory wetland mitigation through the purchase of 531.58 stream functional feet mitigation credits from the Center Point Mitigation Bank. The following table provides a summary of proposed stream impacts and compensatory mitigation
Reach
Impact Type
Stream Type
Linear Feet
ECS Scores
Functional Feet
Tier 5 Functional Loss
Lat/Long Start of Reach
2
Tier 5, Full Encapsulation
Intermittent/Perennial
258.54
0.46
118.9284
104.65
35.860668/
-88.108072
3
Tier 5, Full Encapsulation
Intermittent/Perennial
281.32
0.4
112.528
99.02
35.861303/
-88.108137
4
Tier 5, Full Encapsulation
Intermittent/Perennial
266.08
0.4
106.432
93.66
35.862241/
-88.108128
4a
Tier 5, Full Encapsulation
Intermittent/Perennial
98.77
0.4
39.508
34.77
35.864378/
-88.107421
5
Tier 5, Full Encapsulation
Intermittent/Perennial
566.70
0.40
226.68
199.48
35.862851/
-88.108524
Total Functional Feet Required:
531.58
compensatory mitigation for 2.54 wetland impacts through purchase of 5.08 in-lieu credits (2:1 ratio) from the Tennessee Mitigation Fund through the Tennessee Wildlife Foundation. The following table provides a summary of proposed wetland impacts and compensatory
mitigation:
Wetland
ID
Wetland Type
Proposed
Impact Type
Proposed Impact Area Acres (ac)
Proposed Mitigation ILF Credits
Lat/Long
WMA
Palustrine Forested
Fill
0.31 ac
0.62
35.86518/ -88.10956
WK
Palustrine Forested
Fill
1.47 ac
2.94
35.8606 / -88.10810
WL
Palustrine Forested
Fill
0.44 ac
0.88
35.86392/ -88.10701
WM
Palustrine Forested
Fill
0.13 ac
0.26
35.86436/ -88.10819
WN
Palustrine Forested
Fill
0.01 ac
0.02
35.86158/ -88.10538
WO
Palustrine Forested
Fill
0.15 ac
0.30
35.86126/ -88.10560
WP
Palustrine Forested
Fill
0.03 ac
0.06
35.86172/ -88.10597
Totals:
2.54 ac
5.08 ILF
PURPOSE AND NEED: The applicant stated that the purpose of the proposed project is to stabilize a stockpile/overburden area that cannot be used because of an existing slope failure possess a safety concern. The applicant has conducted surveys of the slope failure have been conducted weekly to
monthly since the initial failure occurred in September 2018.
During the past 20 months, the velocity of the slide across different sections of the pile has been up to approximately 0.02 inches/day. Additionally, the project would allow expansion of the existing stockpile site. The applicant indicates while reconstructing the side slope is the primary concern and the responsibility of the applicant, it will also provide additional storage capacity for overburden that is crucial for continued, long-term operations.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The proposed project site is located adjoining and within the property boundaries of the applicant’s existing quarry, Vulcan Benton County Quarry. Portions of the project site and the surrounding area have been historically disturbed from past quarry and logging practices. The proposal is located within an 83-acre tract of land located within the southeastern portion of the Quarry boundary. An alternative analysis was provided with the application evaluating design options for the proposed projects. The project design avoided 4.12 acres of wetlands and 2,741.5 linear feet of streams (2,408.4 linear feet of perennial streams and 333.1 linear feet of intermittent streams) located within the property boundary. The applicant stated total avoidance of impacts for slope stabilization of the existing stockpile and for prevention of future slope failures is not practicable due to the terrain and location of the streams and wetlands. Proper stability could not be achieved without impacting a portion of theaquatic resources within the project area. For this portion of the project, off-site options are not available. For the expansion portion, alternative onsite designs were investigated to identify practicable alternatives that avoid and/or minimize impacts. Additionally, an offsite option was investigated for the proposed expansion.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. If necessary, an EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The proposed work involves ground disturbance of 68.9 acres within the 83-acre tract of land for the slope stability and overburden area expansion. In 2018, the applicant had a desk-based assessment performed for the permit area. The results of the
desk-based assessment resulted in that no previously recorded National Register Historic Places (NRHP) eligible or listed properties were identified within or in the immediate vicinity of the permit area. A Phase I archaeological survey of the previously undisturbed areas will be required.
This notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. Anysubstantive comments would be considered to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the State Historic Preservation Officer (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the
activities in this location:
Group
Name
Status
Clams
Pink Mucket (Lampsilis abrupta)
E
Mammal
Indiana bat (Myotis sodalis)
E
Mammal
Gray bat (Myotis grisescens)
E
Mammal
Northern Long-Eared Bat
(Myotis septentrionalis)
T
No designated critical habitat areas were identified.
An acoustic survey was performed to determine the presence of the Indiana Bat and NorthernLong-Eared Bat (NLEB) within the quarry property. The survey was conducted on July 28-30, 2017, and the results suggest that the Indiana bat and NLEB are likely absent. The applicant previously coordinated the proposal with the U.S. Fish and Wildlife Service (USFWS) identifying the above four T&E species. On May 22, 2020, USFWS responded that based on the site location and habitat conditions, they determine the project plan adequately addresses potential direct, indirect, and cumulative effects to federally listed species and their habitats (FWS #2020-I-1209, HHNT Project No. 8020-013).
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A copy of the notice is being furnished to the USFWS for their review. This public notice serves as coordination with the USFWS of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to T&E species. After receipt of comments, USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work include, but not limited to: Before a permit can be issued, water quality certification must be provided by the state ofTennessee Department of the Environment and Conservation (TDEC), pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. The
applicant has submitted an application to TDEC and their review is pending.
TDEC, Division of Water Resources Mining Section, issued a draft National Pollution Elimination Discharge System (NPDES) on July 2, 2019 for the proposed project [TN0003107]. Recently, the NPDES permit was updated and modified to include areas of the stockpile expansion.
Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson at email:
amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,,,,,,,
2270070,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2270070/navigation-notice-20-21-intermittent-closures-announceme/,,lrn,Nashville District,,,,The previously scheduled intermittent closures at Nickajack Lock and Chickamauga Lock for TWRA performing mussel surveys have been canceled in favor of similar closures at Ft. Loudoun,Navigation Notice 20-21: Intermittent closures announceme,,,,,,,,,,"The previously scheduled intermittent closures at Nickajack Lock and Chickamauga Lock for TWRA performing mussel surveys have been canceled in favor of similar closures at Ft. Loudoun, Melton Hill, and Pickwick Locks. Melton Hill Lock at Clinch River mile 23.1 is closing 9 a.m. to 4 p.m. EST daily July 15-26, 2020; Fort Loudoun Lock at Tennessee River mile 602.3 is closing 9 a.m. to 4 p.m. EST daily July 15-16, 2020. Pickwick Lock at Tennessee River mile 206.7 is closing 9 a.m. to 4 p.m. CST daily July 29-30, 2020.
The previously scheduled intermittent closures at Nickajack Lock and Chickamauga Lock for TWRA performing mussel surveys have been canceled in favor of similar closures at Ft. Loudoun, Melton Hill, and Pickwick Locks. Melton Hill Lock at Clinch River mile 23.1 is closing 9 a.m. to 4 p.m. EST daily July 15-26, 2020; Fort Loudoun Lock at Tennessee River mile 602.3 is closing 9 a.m. to 4 p.m. EST daily July 15-16, 2020. Pickwick Lock at Tennessee River mile 206.7 is closing 9 a.m. to 4 p.m. CST daily July 29-30, 2020.
Mariners should stay clear of the area during the hours and dates listed due to divers in the water. Contact Melton Hill and Ft. Loudoun at 865-986-2762 or Pickwick Lock at 731-925-2334. These locks monitor Marine channel 13/16 with any questions or concerns.",,,,,,,,,,,,,,,
2270120,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2270120/navigation-notice-20-22-intermittent-closures-at-barkley-lock-sept-14-to-oct-1/,,lrn,Nashville District,,,,Navigation Notice 20-22: Intermittent closures at Barkley Lock Sept. 14 to Oct. 1,"Navigation Notice 20-22: Intermittent closures at Barkley Lock Sept. 14 to Oct. 1, 2020",,,,,,,,,,"Due to scheduled diving and maintenance operations of the BAFF (BioAcoustic Fish Fence) system at Barkley Lock, the lock is undergoing a series of intermittent closures 6 a.m. to 6 p.m. daily Sept. 14 through Oct. 2, 2020. Barkley Lock is located at Cumberland River mile 30.6 on the Cumberland River. Contact John “Caleb” Skinner at 270-362-4226 or via e-mail at John.C.Skinner@usace.army.milJohn.C.Skinner@usace.army.mil for more information.
Due to scheduled diving and maintenance operations of the BAFF (BioAcoustic Fish Fence) system at Barkley Lock, the lock is undergoing a series of intermittent closures 6 a.m. to 6 p.m. daily Sept. 14 through Oct. 2, 2020. Barkley Lock is located at Cumberland River mile 30.6 on the Cumberland River. Contact John “Caleb” Skinner at 270-362-4226 or via e-mail at John.C.Skinner@usace.army.milJohn.C.Skinner@usace.army.mil for more information.",,,,,,John C Skinner,John.C.Skinner@usace.army.mil,,,,,,,,
2282929,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2282929/navigation-notice-20-24-mooring-cell-temporarily-out-of-service-at-cheatham-lock/,,lrn,Nashville District,,,,,Navigation Notice 20-24: Mooring cell temporarily out of service at Cheatham Lock,,,,,,,,,,"The upstream mooring cell at Cheatham Lock located at Cumberland River mile 150 is temporarily out of service due to a broken band that is protruding away from the face.
The upstream mooring cell at Cheatham Lock located at Cumberland River mile 150 is temporarily out of service due to a broken band that is protruding away from the face. Recommended procedures regarding this cell is to tie up to the most downstream cell and flatten out on the upper cell to remain clear of the displaced band. It is up to the boat captains to determine the safest tie-off measure. Please ensure deckhands are aware of this situation and remain a safe distance away from this area. For more information, call Bobby Jo Holt at 615-792-4349 or e-mail at bobby.j.holt@usace.army.mil.",,,,,,Bobby J Holt,bobby.j.holt@usace.army.mil,,,,,,,,
2282958,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2282958/navigation-notice-20-25-kentucky-lock-adds-second-helper-boat-on-night-shift/,,lrn,Nashville District,,,,Due to the impacts of construction on lockage efficiency at Kentucky Lock as well as the current and upcoming closures at Barkley Lock,Navigation Notice 20-25: Kentucky Lock adds second helper boat on night shift,,,,,,,,,,"Due to the impacts of construction on lockage efficiency at Kentucky Lock as well as the current and upcoming closures at Barkley Lock, a night shift is being added to the second helper boat currently required to assist upbound lockages.
Due to the impacts of construction on lockage efficiency at Kentucky Lock as well as the current and upcoming closures at Barkley Lock, a night shift is being added to the second helper boat currently required to assist upbound lockages. This additional shift is meant to reduce the queue for upbound vessels. The first night shift is planned for the night of July 23, 2020, which will result in 36 hours of continuous service by the second helper boat. The next night shift is planned July 27, 2020. From that point forward, the night shift for the second helper boat will be two nights on and the two nights off. It is expected that this night shift will continue until its services are deemed not to be required or until the ongoing guard cell construction is complete, expected to be by early September 2020. Kentucky Lock is located at Tennessee River mile 22.4 in Grand Rivers, Kentucky. Call Kentucky Lock at 270-363-4222 for more information.",,,,,,,,,,,,,,,
2282994,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2282994/navigation-notice-20-23-intermittent-closures-at-watts-bar-lock/,,lrn,Nashville District,,,,Intermittent closures are scheduled at Watts Bar Lock noon to 5 p.m. July 27 and 7 a.m. to 5 p.m. July 28-30,Navigation Notice 20-23: Intermittent closures at Watts Bar Lock,,,,,,,,,,"Intermittent closures are scheduled at Watts Bar Lock noon to 5 p.m. July 27 and 7 a.m. to 5 p.m. July 28-30, 2020 due to scheduled diving and maintenance operations to lock components and mooring cells. The lock is located at Tennessee river mile 529.9 in Decatur, Tennessee. Call the lock at 423-334-3552 for more information.
Intermittent closures are scheduled at Watts Bar Lock noon to 5 p.m. July 27 and 7 a.m. to 5 p.m. July 28-30, 2020 due to scheduled diving and maintenance operations to lock components and mooring cells. The lock is located at Tennessee river mile 529.9 in Decatur, Tennessee. Call the lock at 423-334-3552 for more information.",,,,,,,,,,,,,,,
2287814,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2287814/navigation-notice-20-26-closures-planned-at-nickajack-lock/,,lrn,Nashville District,,,,Nickajack Lock at Tennessee River mile 424.7 in Jasper,Navigation Notice 20-26: Closures planned at Nickajack Lock,,,,,,,,,,"Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is undergoing a series of closures to perform repairs on the upper and lower lock gates. The lock is closing 6 a.m. Sept. 15 until 6 p.m. Oct. 1, 2020. The lock will then undergo intermittent closures 6 a.m. to 4 p.m. daily from Oct. 6 through Oct. 13, 2020. For more information, call the lock at 423-667-0280.
Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is undergoing a series of closures to perform repairs on the upper and lower lock gates. The lock is closing 6 a.m. Sept. 15 until 6 p.m. Oct. 1, 2020. The lock will then undergo intermittent closures 6 a.m. to 4 p.m. daily from Oct. 6 through Oct. 13, 2020. For more information, call the lock at 423-667-0280.",,,,,,,,,,,,,,,
2288252,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2288252/public-notice-no-20-40-file-no-lrn-2020-00501/,,lrn,Nashville District,Rutherford,-86.59241,35.74966,Public Notice No. 20-40,Public Notice No. 20-40; File No. LRN-2020-00501,,,,,,,,,,"This notice announces a prospectus has been submitted for the development of the Sandhill Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 20-40
Nashville District
Application No. LRN-2020-00501
Date: July 24, 2020; Expires: August 24, 2020
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Sandhill Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Resource Environmental Solutions (RES), LLC
Attention: Mr. Aaron Speaks
103 Continental Place, Suite100
Brentwood, Tennessee 37027
LOCATION: The proposed wetland mitigation bank encompasses 91.33 acres that is situated within two adjoining tracts located three miles northeast of Eagleville in Rutherford County, Tennessee (35.74966, -86.59241).
PURPOSE: The Sandhill Wetland Mitigation Bank is proposed to provide compensatory wetland mitigation for permitted impacts within the primary service area of the Harpeth River Watershed (HUC 05130204) ), as well as secondary service areas within the Stones (05130203) and Cheatham Lake
(05130202) within the State of Tennessee.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department
of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the
IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The site has historically been used for agricultural use. The Bank site currently consists of approximately 68.37 acres of drained and farmed wetlands. The site contains five (5) drainage ditches and one (1) open water feature, which currently alter the wetland hydrology within the proposed project area. In conjunction with surface ditching, subsurface drain tiles also exist and further impair the natural wetland hydrology at the site. The overall goal of the mitigation bank is to restore, to the greatest extent possible, the ecological function of the highly degraded hydrologic resources to generate wetland compensatory mitigation credits that fully mitigate authorized losses of wetlands. The Bank will accomplish this objective through the implementation of various mitigation measures, including plugging surface ditches intermittently and breaching of subsurface drainage systems. These activities are intended to produce watershed- scale improvements of ecological services that will replace the hydraulic, physical, and biological function of wetlands within the proposed service area that are lost as a result of authorized impacts. The Bank will consist of the restoration of approximately 68.37 acres of wetlands and upland riparian buffers on portions of the remaining 91.33-acre property.
HISTORIC AND CULTURAL RESOURCES: S&ME conducted an archaeological and historical resources survey on April 14-16, 2020, on 68 acres of the subject property. Based on the study, no historic structures or cultural resources were documented within the vicinity of the project area. A review
of the Tennessee Historical Commission Web Service Database (accessed 23-30 March 2020) indicated no historical properties within the project site, nor within 0.5-mile vicinity of the project site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance.
If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Rutherford County, Tennessee:
The site is currently intensively managed for agricultural production. There is no proposed tree removal and no areas of native vegetation that will be disturbed as a result of the proposed mitigation /restoration activities. A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130202, 05130203, 05130204",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
2289782,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2289782/draft-environmental-assessment-for-proposed-state-route-266-sr-266-highway-impr/,,lrn,Nashville District,Rutherford,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for Proposed State Route 266 (SR-266) Highway Improvement and Widening Project, J. Percy Priest Lake, Rutherford County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed widening of SR-266 from two lanes to five for approximately 4.1 miles between the SR-266 junctions with Interstate 840 and Nissan Drive in Rutherford County, Tennessee.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed widening of SR-266 from two lanes to five for approximately 4.1 miles between the SR-266 junctions with Interstate 840 and Nissan Drive in Rutherford County, Tennessee.
***Appendix A (Project Plans) and Appendix B (Project Scoping Letter and Responses) of the Draft EA are available upon request. Please email Travis Wiley at travis.a.wiley@usace.army.mil if you would like a copy of these items",,,,,,Travis A Wiley,travis.a.wiley@usace.army.mil,,,,,,,,
2290653,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2290653/public-notice-no-20-42-file-no-lrn-2018-00306/,,lrn,Nashville District,Grainger,-234.0,27.0,Public Notice No. 20-42,Public Notice No. 20-42; File No. LRN-2018-00306,,,,,,27234,,,,"This notice announces a Draft Mitigation Banking Instrument (DMBI) has been submitted for the development of the Flat Creek Stream and Wetland Mitigation bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). The proposed project was previously advertised as PN 18-31, ending August 17, 2018. The additional Public Notice is being provided because the project sponsor has modified the project proposal to include wetland mitigation.
Public Notice No. 20-42
Nashville District
Application No. LRN-2018-00306
Date: July 28, 2020; Expires: August 27, 2020
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division,
1301 Riverfront Parkway, Suite 206,
Chattanooga, TN 37402
Attn: Aric Payne
SUBJECT: This notice announces a Draft Mitigation Banking Instrument (DMBI) has been submitted for the development of the Flat Creek Stream and Wetland Mitigation bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). The proposed project was previously advertised as PN 18-31, ending August 17, 2018. The additional Public Notice is being provided because the project sponsor has modifiedthe project proposal to include wetland mitigation.
BANK SPONSOR: Cumberland Gap Mitigation Group, LLC.
Attention: Mr. Case Davis
225 W 1st North Street, Suite 204
Morristown, Tennessee 37814
LOCATION: The proposed stream and wetland mitigation bank encompasses 502 acres, owned by the sponsor, and adjacent to TN-131 S. The property is located approximately 3 miles southwest of the town of Washburn in Grainger County, Tennessee (Latitude 36.265957 °N, -83.631642 °W). The
proposed mitigation bank would incorporate approximately 5 miles (27,234 ± linear feet) of ephemeral, intermittent and perennial stream channels along several unnamed tributaries to Flat Creek, which is a major tributary to the Holston River.
PURPOSE: The Flat Creek Stream Mitigation Bank is proposed to provide compensatory stream and wetland mitigation for permitted impacts within the primary service area of the Holston River Watershed (HUC 06010104). The Bank’s proposed secondary service areas include the Powell Watershed
(HUC 06010207), Watts Bar Lake Watershed (HUC 06010201), and Lower French Broad Watershed (HUC 06010107).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department
of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the
IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The proposed project would consist of the preservation, enhancement, and restoration of 27,234 linear feet of unnamed tributaries to Flat Creek. In addition, this project also proposes to enhance 0.14 acres of existing wetlands and establish 5.85 acres of wetlands. The existing streams within the proposed project area are degraded due to channelization and channel modifications, and habitat alterations. Prior land uses include unrestricted cattle access, agricultural/farming activities, and historical logging practices. The overall goal of the mitigation bank is to increase, preserve, and permanently protect the ecological functions and services of the streams on the site, as well as to create stable riverine wetlands that function to slow overland flow to the streams and provide a persistent water supply. Functional lift will be monitored by assessing hydrology, hydraulics, geomorphology, physicochemical, and biological parameters. Of the 27,234 linear feet, 9,871 linear feet would be enhanced, 10,237 linear feet would be restored, and 7,126 linear feet would be preserved. Details are contained in the Flat Creek Stream Mitigation Bank Draft Mitigation Banking Instrument dated June 26, 2020.
HISTORIC AND CULTURAL RESOURCES: The Corps has requested a Phase I cultural/archaeological survey for the site. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and otherparties likely to have knowledge of or concerns regarding historic properties and culturalsignificance at or near the project area. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in
accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Grainger County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern Long-eared bat (Myotis septentrionalis)
Threatened
Fish
Duskytail darter (Etheostoma percnurum)
Experimental, Non-Essential
Pygmy madtom (Noturus stanauli)
Experimental, Non-Essential
Snail darter (Percina tanasi)
Threatened
Spotfin chub (Erimonax monachus)
Experimental, Non-Essential
Mussels
Appalachian monkeyface (Quadrula sparsa)
Experimental, Non-Essential
Cracking pearlymussel (Hemistena lata)
Experimental, Non-Essential
Cumberland bean (pearlymussel) (Villosa trabalis)
Endangered
Cumberlandian combshell (Epioblasma brevidens)
Experimental, Non-Essential
Dromedary pearlymussel (Dromus dromas)
Endangered
Fanshell (Cyprogenia stegaria)
Experimental, Non-Essential
Finerayed pigtoe (Fusconaia cuneolus)
Experimental, Non-Essential
Orangefoot pimpleback (Plethobasus cooperianus)
Experimental, Non-Essential
Oyster mussel (Epioblasma capsaeformis)
Experimental, Non-Essential
Pink mucket (pearlymussel) (Lampsilis abrupta)
Endangered
Ring pink (mussel) (Obovaria retusa)
Experimental, Non-Essential
Rough pigtoe (Pleurobema plenum)
Experimental, Non-Essential
Sheepnose mussel (Plethobasus cyphyus)
Endangered
Shiny pigtoe (Fusconaia cor)
Experimental, Non-Essential
Spectaclecase (Cumberlandia monodonta)
Endangered
Turgid blossom (Epioblasma turgidula)
Endangered
White wartyback (Plethobasus cicatricosus)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Aric J. Payne at the above address or by email: aric.j.payne@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
US Army Corps of Engineers","06010104, 06010107, 06010201, 06010207",,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
2300845,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2300845/navigation-notice-20-27-intermittent-closures-set-for-wilson-lock/,,lrn,Nashville District,,,,Wilson Main Lock at Tennessee River mile 259.4 is closing 7 a.m. to 4 p.m. daily Aug. 10-20 and Aug. 24 through Sept. 3,Navigation Notice 20-27: Intermittent closures set for Wilson Lock,,,,,,,,,,"Wilson Main Lock at Tennessee River mile 259.4 is closing 7 a.m. to 4 p.m. daily Aug. 10-20 and Aug. 24 through Sept. 3, 2020 for diving operations at the lock. Wilson Lock operates a 24-hour schedule and anticipates cleaning any queues outside of these hours. The auxiliary lock will not be available during this time. For more information contact the lock at 256-764-5223.
Wilson Main Lock at Tennessee River mile 259.4 is closing 7 a.m. to 4 p.m. daily Aug. 10-20 and Aug. 24 through Sept. 3, 2020 for diving operations at the lock. Wilson Lock operates a 24-hour schedule and anticipates cleaning any queues outside of these hours. The auxiliary lock will not be available during this time. For more information contact the lock at 256-764-5223.",,,,,,,,,,,,,,,
2300847,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2300847/navigation-notice-20-28-intermittent-closures-set-at-barkley-lock/,,lrn,Nashville District,,,,Barkley Lock at Cumberland River mile 30.6 is undergoing intermittent closures 6 a.m. to 6 p.m. daily Aug. 10-17,Navigation Notice 20-28: Intermittent closures set at Barkley Lock,,,,,,,,,,"Barkley Lock at Cumberland River mile 30.6 is undergoing intermittent closures 6 a.m. to 6 p.m. daily Aug. 10-17, 2020 while maintenance is performed on the land and river walls. Contact the lock at 270-362-4226 for more information.
Barkley Lock at Cumberland River mile 30.6 is undergoing intermittent closures 6 a.m. to 6 p.m. daily Aug. 10-17, 2020 while maintenance is performed on the land and river walls. Contact the lock at 270-362-4226 for more information.",,,,,,,,,,,,,,,
2304495,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2304495/navigation-notice-20-29-intermittent-closures-of-pickwick-auxiliary-lock-watts/,,lrn,Nashville District,,,,Navigation Notice 20-29: Intermittent closures of Pickwick Auxiliary Lock,"Navigation Notice 20-29: Intermittent closures of Pickwick Auxiliary Lock, Watts Bar Lock set",,,,,,,,,,"Pickwick Auxiliary Lock at Tennessee River mile 529.9 and Watts Bar Lock at Tennessee River mile 206.7 are having intermittent closures while TWRA performs mussel surveys at the Tennessee Valley Authority projects, as well as complete mussel relocations at Pickwick Lock. Pickwick Auxiliary Lock is having intermittent closures 9 a.m. to 4 p.m. Central Standard Time Sept. 2-3, 2020. Watts Bar is having intermittent closures 9 a.m. to 4 p.m. Eastern Standard Time Sept. 9-10, 2020.
Pickwick Auxiliary Lock at Tennessee River mile 529.9 and Watts Bar Lock at Tennessee River mile 206.7 are having intermittent closures while TWRA performs mussel surveys at the Tennessee Valley Authority projects, as well as complete mussel relocations at Pickwick Lock. Pickwick Auxiliary Lock is having intermittent closures 9 a.m. to 4 p.m. Central Standard Time Sept. 2-3, 2020. Watts Bar is having intermittent closures 9 a.m. to 4 p.m. Eastern Standard Time Sept. 9-10, 2020. Call David McKinney at 615-533-4364, Boat Captain David Sims at 615-293-5237 or TWRA Diver Mike Murdock at 615-293-7522 for more information.",,,,,,,,,,,,,,,
2304505,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2304505/navigation-notice-20-30-intermittent-closure-of-chickamauga-lock-scheduled-aug/,,lrn,Nashville District,,,,Navigation Notice 20-30: Intermittent closure of Chickamauga Lock scheduled Aug. 11-12,"Navigation Notice 20-30: Intermittent closure of Chickamauga Lock scheduled Aug. 11-12, 2020",,,,,,,,,,"Intermittent closures are expected on the lower end of Chickamauga Lock at Tennessee River mile 471 due to a survey 7 a.m. to 5 p.m. Aug. 11 and 7 a.m. to 1 p.m. Aug. 12. No lockage on either day will be started that cannot be completed by 7 a.m. Contact the lock at 423-875-6230 for more information.
Intermittent closures are expected on the lower end of Chickamauga Lock at Tennessee River mile 471 due to a survey 7 a.m. to 5 p.m. Aug. 11 and 7 a.m. to 1 p.m. Aug. 12. No lockage on either day will be started that cannot be completed by 7 a.m. Contact the lock at 423-875-6230 for more information.",,,,,,,,,,,,,,,
2327076,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2327076/navigation-notice-20-31-tva-conducting-field-study-at-tennessee-river-mile-5293/,,lrn,Nashville District,,,,Tennessee Valley Authority is planning a field study 3 p.m. Sept. 2 until 10 a.m. Sept. 3,Navigation Notice 20-31: TVA conducting field study at Tennessee River mile 529.3,,,,,,,,,,"Tennessee Valley Authority is planning a field study 3 p.m. Sept. 2 until 10 a.m. Sept. 3, 2020 and will have tire floats with flashing lights deployed across Tennessee River mile 529.3 at the old Watts Bar Fossil mooring cells just downstream of Watts Bar Dam. This includes tires deployed in the navigation channel. TVA team members will be out with them all night and will remove the tires if a tow comes through. The team will be monitoring marine radio channels 13 and 16, but request contact through Daniel Saint at 865-632-6965.
Tennessee Valley Authority is planning a field study 3 p.m. Sept. 2 until 10 a.m. Sept. 3, 2020 and will have tire floats with flashing lights deployed across Tennessee River mile 529.3 at the old Watts Bar Fossil mooring cells just downstream of Watts Bar Dam. This includes tires deployed in the navigation channel. TVA team members will be out with them all night and will remove the tires if a tow comes through. The team will be monitoring marine radio channels 13 and 16, but request contact through Daniel Saint at 865-632-6965.",,,,,,,,,,,,,,,
2336252,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2336252/navigation-notice-20-33-low-flow-warning-at-cheatham-lock/,,lrn,Nashville District,,,,Cheatham Lock at Cumberland River mile 148.6 in Ashland City,Navigation Notice 20-33: Low flow warning at Cheatham Lock,,,,,,,,,,"Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, announces that due to diving operations at Cheatham Dam between Sept. 21-24, 2020, there will be periods of little to no flow during daylight hours. The water level at the lower approach of Cheatham Lock will likely NOT drop below normal minimum pool conditions (354.0 ft.) but will approach that elevation. Mariners should take extra caution on the lower approach and not overload their barges or exceed channel depths on these dates. For more info, call the lock at 615-792-0627.
Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, announces that due to diving operations at Cheatham Dam between Sept. 21-24, 2020, there will be periods of little to no flow during daylight hours. The water level at the lower approach of Cheatham Lock will likely NOT drop below normal minimum pool conditions (354.0 ft.) but will approach that elevation. Mariners should take extra caution on the lower approach and not overload their barges or exceed channel depths on these dates. For more info, call the lock at 615-792-0627.",,,,,,,,,,,,,,,
2338359,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2338359/navigation-notice-20-34-change-in-operations-at-kentucky-lock/,,lrn,Nashville District,,,,On or about Sept. 11,Navigation Notice 20-34: Change in operations at Kentucky Lock,,,,,,,,,,"On or about Sept. 11, 2020, the concrete-filled guard cell in Kentucky Lock’s lower approach will be placed into operation. As a result, the lock will revert to normal sequence of lockage operations; thus, cancelling the night time lockage restrictions for upbound vessels described in NTNI LRN 20-11.
On or about Sept. 11, 2020, the concrete-filled guard cell in Kentucky Lock’s lower approach will be placed into operation. As a result, the lock will revert to normal sequence of lockage operations; thus, cancelling the night time lockage restrictions for upbound vessels described in NTNI LRN 20-11.
A dedicated single helper boat will continue to be positioned in the lock’s lower approach 24/7 to protect ongoing vulnerable construction activities throughout the remainder of these activities, expected to last into this fall. For upbound vessels, the helper boat may come along side and push vessels riverward away from construction floating plant. If no floating plant is vulnerable, the passing tow may use the guard cell to pivot off of or rub against. To facilitate this, the guard cell has 10-inchwide steel banding spaced at 20-inchcenters in possible impact areas. The helper boat will be available to pull downbound, unpowered cuts out of the lock chamber.
Tows should reduce power as much as possible when transiting the two vulnerable sheet pile cells. This is because prop wash could damage the sheetpile cells until they are completed. So in addition to reducing power, special care should be taken to minimize prop wash directed toward these cells during steerage. When downbound tows exit the chamber, the helper boat will be available to position itself faced-up on the head of the tow if the tow pilot feels it will be helpful in transiting this reach with power restrictions.
Kentucky Lock is located at Tennessee River mile 22.4 in Grand Rivers, Tennessee. For more information, call Wayne Chapman at 270-362-4226 or e-mail jeffrey.w.chapman@usace.army.mil.",,,,,,Jeffrey W Chapman,jeffrey.w.chapman@usace.army.mil,,,,,,,,
2338367,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2338367/navigation-notice-20-35-temporary-kentucky-lock-closure-sept-9-2020/,,lrn,Nashville District,,,,Navigation Notice 20-35: Temporary Kentucky Lock closure Sept. 9,"Navigation Notice 20-35: Temporary Kentucky Lock closure Sept. 9, 2020",,,,,,,,,,"Due to construction activities on cofferdam cell 2 at Kentucky Lock, the lock is closing 6 a.m. to 6 p.m. Wednesday, Sept. 9, 2020. The lock is located at Tennessee River mile 22.4 in Grand Rivers, Kentucky. Call Wayne Chapman at 270-362-4226 or e-mail jeffrey.w.chapman@usace.army.mil for more information.
Due to construction activities on cofferdam cell 2 at Kentucky Lock, the lock is closing 6 a.m. to 6 p.m. Wednesday, Sept. 9, 2020. The lock is located at Tennessee River mile 22.4 in Grand Rivers, Kentucky. Call Wayne Chapman at 270-362-4226 or e-mail jeffrey.w.chapman@usace.army.mil for more information.",,,,,,Jeffrey W Chapman,jeffrey.w.chapman@usace.army.mil,,,,,,,,
2340937,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2340937/navigation-notice-20-37-kentucky-lock-closing-for-low-flow-operation/,,lrn,Nashville District,,,,Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,Navigation Notice 20-37: Kentucky Lock closing for low-flow operation,,,,,,,,,,"Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing for 24 hours from 6 a.m. Saturday, Sept. 12 until 6 a.m. Sunday, Sept. 13, 2020 in coordination with a low-flow operation to facilitate the installation of the lowermost steel band for the lock’s new concrete-filled guard cell.
Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing for 24 hours from 6 a.m. Saturday, Sept. 12 until 6 a.m. Sunday, Sept. 13, 2020 in coordination with a low-flow operation to facilitate the installation of the lowermost steel band for the lock’s new concrete-filled guard cell.
This low flow operation will involve special operations at four dams: Kentucky, Barkley, Smithland, and Olmsted. Operations at these four dams will target a stage of 14.0 at the Paducah gage on the Ohio River and an elevation of 300.0 at the Kentucky Dam tailwater (lower) gage. As a result, low river levels corresponding to these gage readings should be expected on the Ohio River between Smithland Dam and Olmsted Dam, on the Tennessee River below Kentucky Dam, and on the Cumberland River below Barkley Dam. River levels are expected to start falling by late Friday, Sept. 11, 2020, and continue falling until early Sunday morning. Flows will be increased starting by 6 a.m. Sunday Sept. 13, 2020 at Kentucky Dam and a few hours earlier at Barkley Dam. The Paducah gage should be above at or above a stage of 15.0 by early Sunday night.
All locks except Kentucky Lock will remain open during this special low water operation. However, mariners should exercise caution in determining when and how their vessels should or should not transit these areas during this time period of low water. Barkley Dam will target a steady flow release of 9,000 cfs during this period and Kentucky Dam will target 7,000 cfs.
Contact Wayne Chapman at 270-362-4226 or via e-mail at jeffrey.w.chapman@usace.army.mil for more information.",,,,,,Jeffrey W Chapman,jeffrey.w.chapman@usace.army.mil,,,,,,,,
2344628,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2344628/navigation-notice-20-38-intermittent-closures-at-chickamauga-lock/,,lrn,Nashville District,,,,Chickamauga Lock at Tennessee River mile 471 in Chattanooga,Navigation Notice 20-38: Intermittent closures at Chickamauga Lock,,,,,,,,,,"Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is closing intermittently from 9 a.m. to 4 p.m. Sept. 16 and 17, 2020 while Tennessee Wildlife Resource Agency performs mussel surveys at the tailwater lower approach to the lock. Mariners should stay clear of the area during this time period due to divers in the water. Contact Chickamauga Lock at 426-875-6230 or via Marine channel 13/16 with any questions or concerns.
Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is closing intermittently from 9 a.m. to 4 p.m. Sept. 16 and 17, 2020 while Tennessee Wildlife Resource Agency performs mussel surveys at the tailwater lower approach to the lock. Mariners should stay clear of the area during this time period due to divers in the water. Contact Chickamauga Lock at 426-875-6230 or via Marine channel 13/16 with any questions or concerns.",,,,,,,,,,,,,,,
2352418,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2352418/special-public-notice-mobile-district-cesam-rd/,,lrn,Nashville District,,,,"NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15",Special Public Notice - Mobile District (CESAM-RD),,,,,,,,,,"NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing
those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects.
Click here for the Special Public Notice for the Mobile District (CESAM-RD)",,,,,,,,,,,,,,,
2353006,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2353006/navigation-notice-20-39-mooring-cell-replacement-underway-at-port-of-decatur-on/,,lrn,Nashville District,,,,Bubba’s Marine Construction,Navigation Notice 20-39: Mooring cell replacement underway at Port of Decatur on Tennessee River,,,,,,,,,,"Bubba’s Marine Construction, LLC, is replacing a mooring cell at the Port of Decatur at Tennessee River mile 304 Sept. 14 through Dec. 30, 2020. There are two barges (140-foot by 40-foot and 120-foot by 30-foot) as well as a 45-foot tug boat named the “Long John” conducting the work. They are mooring on site for the duration of the construction. The “Long John” is monitoring marine channels 13 and 8 during construction. For more information, contact Bubba Doss at 256-335-8900.
Bubba’s Marine Construction, LLC, is replacing a mooring cell at the Port of Decatur at Tennessee River mile 304 Sept. 14 through Dec. 30, 2020. There are two barges (140-foot by 40-foot and 120-foot by 30-foot) as well as a 45-foot tug boat named the “Long John” conducting the work. They are mooring on site for the duration of the construction. The “Long John” is monitoring marine channels 13 and 8 during construction. For more information, contact Bubba Doss at 256-335-8900.",,,,,,,,,,,,,,,
2357035,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2357035/special-public-notice-vicksburg-district-mvk-rd/,,lrn,Nashville District,,,,Special Public Notice-Vicksburg District (MVK-RD),Special Public Notice-Vicksburg District (MVK-RD),,,,,,,,,,"NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing
those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects.
Click here for the Special Public Notice for theVicksburg District (CEMVK-RD)",,,,,,,,,,,,,,,
2361132,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2361132/navigation-notice-20-40-nickajack-lock-adjusts-closure-dates/,,lrn,Nashville District,,,,Nickajack Lock at Tennessee River mile 424.7 in Jasper,Navigation Notice 20-40: Nickajack Lock adjusts closure dates,,,,,,,,,,"Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is closed Sept. 15 through 6 p.m. Oct. 5, 2020. The lock will then undergo intermittent closures between 6 a.m. and 4 p.m. daily Oct. 6-13, 2020. It will resume normal operations 4 p.m. Oct. 13, 2020. The lock closures allow maintenance personnel to perform repairs on the upper and lower lock gates. Call the lock at 423-667-0280 for more information. This announcement is a related update to Navigation Notice 20-26.
Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is closed Sept. 15 through 6 p.m. Oct. 5, 2020. The lock will then undergo intermittent closures between 6 a.m. and 4 p.m. daily Oct. 6-13, 2020. It will resume normal operations 4 p.m. Oct. 13, 2020. The lock closures allow maintenance personnel to perform repairs on the upper and lower lock gates. Call the lock at 423-667-0280 for more information. This announcement is a related update to Navigation Notice 20-26.",,,,,,,,,,,,,,,
2365860,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2365860/public-notice-lrl-2020-00006/,,lrn,Nashville District,,,,NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS. On September 15,Public Notice LRL-2020-00006,,,,,,,,,,"NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS. On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing
those activities, to ensure that the activities authorized by these NWPs cause no more than minimal individual and cumulative adverse environmental effects.
Click here for the Louisville District Public Notice",,,,,,,,,,,,,,,
2368357,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2368357/public-notice-norfolk-district-nao-wr-r/,,lrn,Nashville District,,,,NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS On September 15,Public Notice Norfolk District (NAO-WR-R),,,,,,,,,,"NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
NATIONWIDE PERMIT REISSUANCE REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs.
Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing
those activities, to ensure that the activities authorized by these NWPs cause no more than minimal individual and cumulative adverse environmental effects.
Click here for the Norfolk District Public Notice",,,,,,,,,,,,,,,
2368399,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2368399/special-public-notice-mississippi-regional-conditions-request-for-comments/,,lrn,Nashville District,,,,"MISSISSIPPI REGIONAL CONDITIONS REQUEST FOR COMMENTS
On September 15",Special Public Notice Mississippi Regional Conditions Request for Comments,,,,,,,,,,"MISSISSIPPI REGIONAL CONDITIONS REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs. Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects
MISSISSIPPI REGIONAL CONDITIONS REQUEST FOR COMMENTS
On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs. Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects.
Regional Issues Concerning the Proposed NWPs, Including Regional Conditioning: Division engineers are authorized to add regional conditions specific to the needs and/or requirements of a particular region or state. Regional conditions are an important mechanism to help ensure that the adverse environmental effects of activities authorized by the NWPs are no more than minimal, both individually and cumulatively. Division engineers may also suspend or revoke specific NWPs in certain geographic areas (e.g., states or watersheds) or high-value aquatic systems where the adverse environmental effects caused by activities authorized by those NWPs may be more than minimal. As the lead Corps district for the State of Mississippi, the Vicksburg District is not proposing to add regional conditions specific to Mississippi. The Vicksburg District is seeking comments on the need for regional conditions to help ensure that the adverse environmental effects of activities authorized by the proposed NWPs are no more than minimal, individually and cumulatively to the resources in Mississippi. Comments on regional issues relating to the proposed use of the NWPs in Mississippi should be forwarded via email to: GeneralPermitReissuance@usace.army.mil; or by hard copy to: USACE, Vicksburg District, ATTN: Regulatory Division, 4155 Clay Street, Vicksburg, Mississippi 39183-3435. Comments relating to regional conditions are due by October 30, 2020.
Jennifer A. Mallard
Chief, Regulatory Division",,,,,,Generalpermitreissuance,GeneralPermitReissuance@usace.army.mil,,,,,,,,
2391702,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2391702/navigation-notice-20-41-nickajack-lock-closing-oct-29-for-mussel-surveys/,,lrn,Nashville District,,,,Nickajack Lock at Tennessee River mile 424.7 in Jasper,Navigation Notice 20-41: Nickajack Lock closing Oct. 29 for mussel surveys,,,,,,,,,,"Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is closing to navigation 9 a.m. to 4 p.m. Oct. 29, 2020 for mussel surveys by the Tennessee Wildlife Resources Agency. Mariners should stay clear of the area during this time period due to divers in the water. Contact the lock at 423-942-3985 or Marine Channel 13/16 with any questions or concerns.
Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is closing to navigation 9 a.m. to 4 p.m. Oct. 29, 2020 for mussel surveys by the Tennessee Wildlife Resources Agency. Mariners should stay clear of the area during this time period due to divers in the water. Contact the lock at 423-942-3985 or Marine Channel 13/16 with any questions or concerns.",,,,,,,,,,,,,,,
2393092,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2393092/navigation-notice-20-42-fort-loudoun-lock-intermittent-closures-set-nov-2-24-20/,,lrn,Nashville District,,,,Fort Loudoun Lock at Tennessee River mile 602.4 in Lenoir City,"Navigation Notice 20-42: Fort Loudoun Lock intermittent closures set Nov. 2-24, 2020",,,,,,,,,,"Fort Loudoun Lock at Tennessee River mile 602.4 in Lenoir City, Tennessee, is having intermittent closures for valve maintenance between 7 a.m. to 5:30 p.m. Nov. 2-24, 2020. Between Nov. 2-5 delays may be longer than four hours each day. Between Nov. 6-24 delays are not exceeding four hours per day. Call the lock at 865-986-8051 for more information.
Fort Loudoun Lock at Tennessee River mile 602.4 in Lenoir City, Tennessee, is having intermittent closures for valve maintenance between 7 a.m. to 5:30 p.m. Nov. 2-24, 2020. Between Nov. 2-5 delays may be longer than four hours each day. Between Nov. 6-24 delays are not exceeding four hours per day. Call the lock at 865-986-8051 for more information.",,,,,,,,,,,,,,,
2399858,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2399858/navigation-notice-20-43-lockage-times-longer-at-old-hickory-lock/,,lrn,Nashville District,,,,Due to mechanical issues with the lower land emptying valve,Navigation Notice 20-43: Lockage times longer at Old Hickory Lock,,,,,,,,,,"Due to mechanical issues with the lower land emptying valve, lockages at Old Hickory Lock at Cumberland River mile 216.1 in Old Hickory, Tennessee, are expected to increase by 25-30 minutes per cycle. There is no estimate at this time on when the lock will return to normal operations. For more information, call the lock at 615-792-0627.
Due to mechanical issues with the lower land emptying valve, lockages at Old Hickory Lock at Cumberland River mile 216.1 in Old Hickory, Tennessee, are expected to increase by 25-30 minutes per cycle. There is no estimate at this time on when the lock will return to normal operations. For more information, call the lock at 615-792-0627.",,,,,,,,,,,,,,,
2399867,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2399867/navigation-notice-20-44-kentucky-lock-closing-24-hours-beginning-nov-2-2020/,,lrn,Nashville District,,,,Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,"Navigation Notice 20-44: Kentucky Lock closing 24 hours beginning Nov. 2, 2020",,,,,,,,,,"Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic for 24 hours starting at 8 a.m. Monday, Nov. 2, 2020 until 8 a.m. Nov. 3, 2020. The closure is required for construction operation on the critical downstream cofferdam as part of the Kentucky Lock Addition Project.
Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic for 24 hours starting at 8 a.m. Monday, Nov. 2, 2020 until 8 a.m. Nov. 3, 2020. The closure is required for construction operation on the critical downstream cofferdam as part of the Kentucky Lock Addition Project. Crews with Johnson Brothers are removing a template from the second to last sheet pile cell. The lock will reopen as soon as the operation is complete. In the unlikely event this is postponed due to weather or other circumstances, an e-mail notice will be mad through the TCIC at the earliest opportunity. For more info, call Wayne Chapman at 270-362-4226 or contact via e-mail at jeffery.w.chapman@usace.army.mil.",,,,,,Jeffery W Chapman,jeffery.w.chapman@usace.army.mil,,,,,,,,
2407814,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2407814/navigation-notice-20-45-intermittent-closures-at-nickajack-lock-dec-14-18/,,lrn,Nashville District,,,,Nickajack Lock at Tennessee River mile 424.7 in Jasper,Navigation Notice 20-45: Intermittent closures at Nickajack Lock Dec. 14-18,,,,,,,,,,"Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is undergoing a series of closures between 6 a.m. and 5 p.m. daily Dec. 14-18, 2020 for allision repairs. Traffic will be able to pass through the project during the non-work period. Call the lock at 423-667-0280 for more information.
Nickajack Lock at Tennessee River mile 424.7 in Jasper, Tennessee, is undergoing a series of closures between 6 a.m. and 5 p.m. daily Dec. 14-18, 2020 for allision repairs. Traffic will be able to pass through the project during the non-work period. Call the lock at 423-667-0280 for more information.",,,,,,,,,,,,,,,
2413888,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2413888/navigation-notice-20-46-fall-navigation-meeting/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday,Navigation Notice 20-46: Fall Navigation Meeting,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday, Nov. 17, 2020. The meeting is virtual. Call 844-800-2712 and use access code 199 493 1439 and security code 1201 to enter the meeting.
The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday, Nov. 17, 2020. The meeting is virtual. The meeting is virtual. Call 844-800-2712 and use access code 199 493 1439 and security code 1201 to enter the meeting. Topics covered in the meeting include the district's 2021 lock maintenance schedule, status on the Kentucky Lock Addition Project, Tennessee Valley Authority activities for 2021, and the U.S. Coast Guard activities and marine events. Other topics may be discussed as time allows. For more info, please call Megan Simpson at 615-210-8800 or contact via e-mail at megan.e.simpson@usace.army.mil.",,,,,,Megan E Simpson,megan.e.simpson@usace.army.mil,,,,,,,,
2416650,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2416650/navigation-notice-20-47-fall-navigation-meeting-moved-from-nov-17-to-dec-1/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday,Navigation Notice 20-47: Fall Navigation Meeting moved from Nov. 17 to Dec. 1,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday, Dec. 1, 2020. The meeting is virtual. Call 844-800-2712 and use access code 199 493 1439 and security code 1201 to enter the meeting. Materials can be viewed via webex at https://usace1.webex.com/meet/brenda.breznican.
The U.S. Army Corps of Engineers Nashville District is hosting its Fall Navigation Meeting 10 a.m. to 12:15 p.m. Central Time Tuesday, Dec. 1, 2020. The meeting is virtual. Call 844-800-2712 and use access code 199 493 1439 and security code 1201 to enter the meeting. Materials can be viewed via webex at https://usace1.webex.com/meet/brenda.breznican. Topics covered in the meeting include the district's 2021 lock maintenance schedule, status on the Kentucky Lock Addition Project, Tennessee Valley Authority activities for 2021, and the U.S. Coast Guard activities and marine events. Other topics may be discussed as time allows. For more info, please call Megan Simpson at 615-210-8800 or contact via e-mail at megan.e.simpson@usace.army.mil.",,,,,,Megan E Simpson,megan.e.simpson@usace.army.mil,,,,,,,,
2430021,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2430021/navigation-notice-20-49-field-study-set-near-watts-bar-lock-dec-9-10-2020/,,lrn,Nashville District,,,,Navigation Notice 20-49: Field study set near Watts Bar Lock Dec. 9-10,"Navigation Notice 20-49: Field study set near Watts Bar Lock Dec. 9-10, 2020",,,,,,,,,,"Tennessee Valley Authority is performing a field study 3 p.m. Dec. 9 to 10 a.m. Dec. 10, 2020 at the old Watts Bar Fossil mooring cells on the downstream side of Watts Bar Hydropower Plant at Tennessee River mile 529.3 in Decatur, Tennessee.
Navigation Notice 20-49: Tennessee Valley Authority is performing a field study 3 p.m. Dec. 9 to 10 a.m. Dec. 10, 2020 at the old Watts Bar Fossil mooring cells on the downstream side of Watts Bar Hydropower Plant at Tennessee River mile 529.3 in Decatur, Tennessee. Tires are being deployed in the navigation channel and members of the TVA team will be out with them all night. They will remove the tires if a tow comes through. The team is monitoring marine radio channels 13 and 16, but request that contact is made by calling Daniel Saint at 865-632-6965. Contact Saint via this number or via e-mail at dpsaint@tva.gov for more info.",,,,,,,,,,,,,,,
2433331,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2433331/navigation-notice-20-50-tennessee-valley-authority-performing-maintenance-near/,,lrn,Nashville District,,,,Tennessee Valley Authority performing maintenance from Tennessee River miles 602.1 and 605 near Fort Loudoun Lock Dec. 7,Navigation Notice 20-50: Tennessee Valley Authority performing maintenance near Fort Loudoun Lock,,,,,,,,,,"Tennessee Valley Authority performing maintenance from Tennessee River miles 602.1 and 605 near Fort Loudoun Lock Dec. 7, 2020 through March 1,
Tennessee Valley Authority performing maintenance from Tennessee River miles 602.1 and 605 near Fort Loudoun Lock Dec. 7, 2020 through March 1, 2021. TVA is placing oxygen line marker buoys in the channel immediately upstream of Fort Loudoun Lock. Upbound mariners going upstream to Knoxville are encouraged to call the Oxygen Line Superintendent at 423-949-1666 when departing Watts Bar Lock to discuss site conditions and buoy placements. Downbound mariners coming from Knoxville are encouraged to call just prior to departing Knoxville to discuss current site conditions and allow time for the oxygen line crew to adjust the buoy placements for tow passages. At no time will buoy placements obstruct the entire channel.",,,,,,,,,,,,,,,
2439681,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2439681/navigation-notice-20-51-closures-scheduled-at-kentucky-lock-dec-14-18-2020/,,lrn,Nashville District,,,,Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,"Navigation Notice 20-51: Closures scheduled at Kentucky Lock Dec. 14-18, 2020",,,,,,,,,,"Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic 9 a.m. to 1 p.m. (CST) Dec. 14-18, 2020.
Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic 9 a.m. to 1 p.m. (CST) Dec. 14-18, 2020. These closures are required for construction operations on the critical downstream cofferdam to complete the concrete wall face on the channel side. This round of closures is the last round anticipated for this particular activity. No other significant lock closures for construction purposes are expected over the next month. For more information, call Wayne Chapman at 270-362-4226 or contact via e-mail at jeffrey.w.chapman@usace.army.mil.",,,,,,Jeffrey W Chapman,jeffrey.w.chapman@usace.army.mil,,,,,,,,
2450363,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2450363/cumberland-and-stones-rivers-kr-harrington-water-treatment-plant/,,lrn,Nashville District,,,,Cumberland and Stones Rivers,"Cumberland and Stones Rivers, K.R. Harrington Water Treatment Plant",,,,,,,,,,"Cumberland and Stones Rivers, K. R. Harrington Water Treatment Plant, Nashville, TN: Continuing Authorities Program (CAP) Section 14 emergency bank stabilization feasibility study, detailed project report and environmental assessment (draft)
Cumberland and Stones Rivers, K. R. Harrington Water Treatment Plant, Nashville, TN: Continuing Authorities Program (CAP) Section 14 emergency bank stabilization feasibility study, detailed project report and environmental assessment (draft)",,,,,,,,,,,,,,,
2450993,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2450993/navigation-notice-20-52-kentucky-lock-closing-to-traffic-for-construction-opera/,,lrn,Nashville District,,,,Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,Navigation Notice 20-52: Kentucky Lock closing to traffic for construction operation,,,,,,,,,,"Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic for 12 hours starting at 8 a.m. (CST) on either Monday, Dec. 28, 2020 or Tuesday, Dec. 29, 2020 for a construction operation on the critical downstream cofferdam.
Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing to navigation traffic for 12 hours starting at 8 a.m. (CST) on either Monday, Dec. 28, 2020 or Tuesday, Dec. 29, 2020 for a construction operation on the critical downstream cofferdam. Johnson Brothers will use a barge mounted crane in the lock's lower approach to remove portions of a template for the last sheet pile cell. The lock will reopen as soon as the operation is complete. For more information, call Wayne Chapman at 270-362-4226 or contact via e-mail at jeffery.w.chapman@usace.army.mil.",,,,,,Jeffery W Chapman,jeffery.w.chapman@usace.army.mil,,,,,,,,
2466814,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2466814/navigation-interests-21-01-shoreline-construction-set-at-tennessee-river-mile-1/,,lrn,Nashville District,,,,Shoreline construction is set at Tennessee River Mile 18.8 Jan. 11-22,Navigation Interests 21-01: Shoreline construction set at Tennessee River mile 18.8,,,,,,,,,,"Shoreline construction is set at Tennessee River Mile 18.8 Jan. 11-22, 2021. Johnson Brothers is performing geotechnical boring on the right descending bank Monday through Friday during this period from 8 a.m. to 5 p.m. Contractors on site will be monitoring Marine channels 13, 14 and 16. Contact Jamie Willcutt at 205-388-9539 for more information.
Shoreline construction is set at Tennessee River Mile 18.8 Jan. 11-22, 2021. Johnson Brothers is performing geotechnical boring on the right descending bank Monday through Friday during this period from 8 a.m. to 5 p.m. Contractors on site will be monitoring Marine channels 13, 14 and 16. Contact Jamie Willcutt at 205-388-9539 for more information.",,,,,,,,,,,,,,,
2466819,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2466819/navigation-notice-21-02-mooring-cell-back-in-service/,,lrn,Nashville District,,,,Navigation Notice 21-02: The safety hazard at upstream mooring cell at Cheatham Lock at Cumberland River mile 148.6 in Ashland City,Navigation Notice 21-02: Mooring cell back in service,,,,,,,,,,"Navigation Notice 21-02: The safety hazard at upstream mooring cell at Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, has been removed and the cell has been placed back into service. Call Bobby Holt at 615-792-4349 for more information.
Navigation Notice 21-02: The safety hazard at upstream mooring cell at Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, has been removed and the cell has been placed back into service. Call Bobby Holt at 615-792-4349 for more information.",,,,,,,,,,,,,,,
2481566,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2481566/navigation-notice-21-03-watts-bar-intermittent-closures-set/,,lrn,Nashville District,,,,Navigation Notice 21-03: Watts Bar Lock at Tennessee River mile 529.9 in Decatur,Navigation Notice 21-03: Watts Bar intermittent closures set,,,,,,,,,,"Navigation Notice 21-03: Watts Bar Lock at Tennessee River mile 529.9 in Decatur, Tennessee, is undergoing intermittent closures for armor plate and valve machinery work 7 a.m. to 5 p.m. Jan. 27-Feb. 4, 2021. Call the lock at 423-334-3522 for more information.
Navigation Notice 21-03: Watts Bar Lock at Tennessee River mile 529.9 in Decatur, Tennessee, is undergoing intermittent closures for armor plate and valve machinery work 7 a.m. to 5 p.m. Jan. 27-Feb. 4, 2021. Call the lock at 423-334-3522 for more information.",,,,,,,,,,,,,,,
2487787,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2487787/navigation-notice-21-04-helper-boat-operations-at-kentucky-lock-downstream-appr/,,lrn,Nashville District,,,,As of 6 p.m. CST Sunday,Navigation Notice 21-04: Helper boat operations at Kentucky Lock downstream approach to cease,,,,,,,,,,"As of 6 p.m. CST Sunday, Jan. 31, 2021, all helper boat operations in support of downstream cofferdam construction activities will cease due to substantial completion of the cofferdam at Kentucky Lock located at Tennessee River mile 22.4 in Grand Rivers, Kentucky.
As of 6 p.m. CST Sunday, Jan. 31, 2021, all helper boat operations in support of downstream cofferdam construction activities will cease due to substantial completion of the cofferdam at Kentucky Lock located at Tennessee River mile 22.4 in Grand Rivers, Kentucky. The concrete filled guard cell in the lower approach is fully functional and can be utilized by tows if needed. The guard cell has 10-inch wide steel banding spaces at 20-inch centers in possible impact areas. For more information, call Kentucky Lock at 270-362-4226.",,,,,,,,,,,,,,,
2495244,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2495244/navigation-notice-21-05-barkley-lock-closing-for-baff-maintenance/,,lrn,Nashville District,,,,Barkley Lock at Cumberland River mile 30.6 in Grand Rivers,Navigation Notice 21-05: Barkley Lock closing for BAFF maintenance,,,,,,,,,,"Barkley Lock at Cumberland River mile 30.6 in Grand Rivers, Kentucky, is closing for repairs to the bio-acoustic fish fence system 6 a.m. to 6 p.m. March 22 through April 2, 2021. Normal lock operations resume April 3. For more information call the lock at 270-362-4222.
Barkley Lock at Cumberland River mile 30.6 in Grand Rivers, Kentucky, is closing for repairs to the bio-acoustic fish fence system 6 a.m. to 6 p.m. March 22 through April 2, 2021. Normal lock operations resume April 3. For more information call the lock at 270-362-4222.",,,,,,,,,,,,,,,
2516840,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2516840/navigation-notice-21-06-pickwick-lock-main-chamber-scheduled-closings-in-march/,,lrn,Nashville District,,,,Navigation Notice 21-06: The U.S. Army Corps of Engineers Nashville District announces that the main chamber at Pickwick Lock at Tennessee River mile 206.7 in Counce,Navigation Notice 21-06: Pickwick Lock main chamber scheduled closings in March,,,,,,,,,,"Navigation Notice 21-06: The U.S. Army Corps of Engineers Nashville District announces that the main chamber at Pickwick Lock at Tennessee River mile 206.7 in Counce, Tennessee, is closing for repairs 6 a.m. to 6 p.m. daily from March 1-4, and 8-18, 2021. The auxiliary chamber will be open for the duration of closures. For more information, call Randy King at 731-925-2334.
Navigation Notice 21-06: The U.S. Army Corps of Engineers Nashville District announces that the main chamber at Pickwick Lock at Tennessee River mile 206.7 in Counce, Tennessee, is closing for repairs 6 a.m. to 6 p.m. daily from March 1-4, and 8-18, 2021. The auxiliary chamber will be open for the duration of closures. For more information, call Randy King at 731-925-2334.",,,,,,,,,,,,,,,
2519987,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2519987/navigation-notice-21-07-tva-placing-fiber-across-cumberland-river-at-gallatin-s/,,lrn,Nashville District,,,,Navigation Notice 21-07: The Tennessee Valley Authority will pull a new fiber line across the Cumberland River at mile 243.5 at the Gallatin Steam Plant from 6 a.m. to 7 p.m. March 11,Navigation Notice 21-07: TVA placing fiber across Cumberland River at Gallatin Steam Plant,,,,,,,,,,"Navigation Notice 21-07: The Tennessee Valley Authority will pull a new fiber line across the Cumberland River at mile 243.5 at the Gallatin Steam Plant from 6 a.m. to 7 p.m. March 11, 2021. Patrol vessels will be on site to manage river traffic during the work. Please contact Shane Carman via e-mail at cscarman@tva.gov or call him at 256-314-7840 for more information.
Navigation Notice 21-07: The Tennessee Valley Authority will pull a new fiber line across the Cumberland River at mile 243.5 at the Gallatin Steam Plant from 6 a.m. to 7 p.m. March 11, 2021. Patrol vessels will be on site to manage river traffic during the work. Please contact Shane Carman via e-mail at cscarman@tva.gov or call him at 256-314-7840 for more information.",,,,,,,,,,,,,,,
2532039,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2532039/navigation-notice-21-08-chickamauga-lock-closure-intermittent-closures-announced/,,lrn,Nashville District,,,,Navigation Notice 21-08: Chickamauga Lock closure,"Navigation Notice 21-08: Chickamauga Lock closure, intermittent closures announced",,,,,,,,,,"Navigation Notice 21-08: Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is closing 7 a.m. May 3 to noon May 24 to allow a contractor to complete a full electrical rehab on the lock operating system. The lock will then undergo intermittent closures during daylight hours May 24 to June 7 to allow the contractor to continue to install non-mission-critical equipment.
Navigation Notice 21-08: Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is closing 7 a.m. May 3 to noon May 24 to allow a contractor to complete a full electrical rehab on the lock operating system. The lock will then undergo intermittent closures during daylight hours May 24 to June 7 to allow the contractor to continue to install non-mission-critical equipment. The intent of these intermittent closures is to allow commercial traffic to freely pass the lock. Call the lock at 423-875-6230 for more information.",,,,,,,,,,,,,,,
2532092,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2532092/navigation-notice-21-09-cheatham-lock-closures-restricted-openings-announced/,,lrn,Nashville District,,,,Navigation Notice 21-09: Cheatham Lock closures,"Navigation Notice 21-09: Cheatham Lock closures, restricted openings announced",,,,,,,,,,"Navigation Notice 21-09: Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, is closing, with some restricted openings, during five phases from April 12 to June 10, 2021 to allow for maintenance workers to cut slots for stoplogs
Navigation Notice 21-09: Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, is closing, with some restricted openings, during five phases from April 12 to June 10, 2021 to allow for maintenance workers to cut slots for stoplogs. Closures start at 6 a.m. each day as indicated in the table below.
During the time of restricted openings, there will be a dewatering box protruding into the chamber approximately 9 feet. To safely pass cargo through the chamber during the restricted openings, the following rules have to be followed: total dimensions of the boat and tow shall be no larger than 70-feet wide and 795-feet long. Normal size barges passing through doublewide during the restricted opening will have 31-feet clearance. Chemical and fuel barges will only be allowed to pass through single wide during the restricted opening, and will have 47-feet clearance. A helper boat will be required to guide the tows past the restricted area going up and downstream. This schedule may change due to unforeseen circumstances, including weather delays, high water, unexpected mechanical issues, etc. The project engineer will communicate such changes as they arise. Call Bobby Holt at 615-792-0627 or contact via e-mail at bobby.j.holt@usace.army.mil for more info.",,,,,,Bobby J Holt,bobby.j.holt@usace.army.mil,,,,,,,,
2549794,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2549794/navigation-notice-21-10-tva-pulling-new-fiber-line-across-cumberland-river/,,lrn,Nashville District,,,,TVA is pulling a new fiber line across the Cumberland River between mile markers 290-303 over the next few weeks. They will be pulling the line March 24 at CRM 290,Navigation Notice 21-10: TVA pulling new fiber line across Cumberland River,,,,,,,,,,"TVA is pulling a new fiber line across the Cumberland River between mile markers 290-303 over the next few weeks. They will be pulling the line March 24 at CRM 290, March 29 at CRM 294, and March 30 at CRM 303. This should be a single-day operation each time and will take place between the hours of 6 a.m. and 7 p.m.
TVA is pulling a new fiber line across the Cumberland River between mile markers 290-303 over the next few weeks. They will be pulling the line March 24 at CRM 290, March 29 at CRM 294, and March 30 at CRM 303. This should be a single-day operation each time and will take place between the hours of 6 a.m. and 7 p.m.
There will be patrol boats on site to warn recreational and commercial vessels. Traffic may need to be briefly stopped; however, any stoppages should not greatly impact river traffic. TVA will also have warning signs placed at all boat ramps within a few miles of the work location. Even though these are the proposed dates, depending on weather, these dates could change in either direction. Therefore, all boats are cautioned to be aware of these operations each day for the rest of the month. Contact Shane Carman with TVA via e-mail at cscarman@tva.gov or call 256-314-7840 for more information.",,,,,,,,,,,,,,,
2550031,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2550031/navigation-notice-21-11-old-hickory-lock-temporarily-closed-for-repairs/,,lrn,Nashville District,,,,Old Hickory Lock at Cumberland River mile 216.1 in Old Hickory,Navigation Notice 21-11: Old Hickory Lock temporarily closed for repairs,,,,,,,,,,"Old Hickory Lock at Cumberland River mile 216.1 in Old Hickory, Tennessee, is temporarily closed due to a hydraulic issue. Repairs are underway and officials expect the navigation lock to reopen at 3 p.m. today. Call Justin Gray at 615-240-4037 for more information.
Old Hickory Lock at Cumberland River mile 216.1 in Old Hickory, Tennessee, is temporarily closed due to a hydraulic issue. Repairs are underway and officials expect the navigation lock to reopen at 3 p.m. today. Call Justin Gray at 615-240-4037 for more information.",,,,,,,,,,,,,,,
2562198,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2562198/navigation-notice-21-13-wilson-main-lock-closing-may-4-13/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers Nashville District announces Wilson Lock at Tennessee River mile 259.4 in Florence,Navigation Notice 21-13: Wilson Main Lock closing May 4-13,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District announces Wilson Lock at Tennessee River mile 259.4 in Florence, Alabama, is closing 7 a.m. CDT Tuesday, May 4 through 6 p.m. Wednesday, May 13, 2021 for repairs to a damaged closure structure.
The U.S. Army Corps of Engineers Nashville District announces Wilson Lock at Tennessee River mile 259.4 in Florence, Alabama, is closing 7 a.m. CDT Tuesday, May 4 through 6 p.m. Wednesday, May 13, 2021 for repairs to a damaged closure structure.
The repair must be completed prior to a scheduled maintenance dewatering in February 2022. The two-chamber auxiliary lock is remaining open for the duration of the closure. Helper boat protocols are in effect during the main chamber closure. Call Clay Askew at 256-764-5223 or contact via e-mail at matthew.c.askew@usace.army.mil for more information.",,,,,,Matthew C Askew,matthew.c.askew@usace.army.mil,,,,,,,,
2562440,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2562440/navigation-notice-21-14-tva-pulling-fiber-line-across-cumberland-river-april-9/,,lrn,Nashville District,,,,Navigation Notice 21-14: TVA pulling fiber line across Cumberland River April 9,"Navigation Notice 21-14: TVA pulling fiber line across Cumberland River April 9, 2021",,,,,,,,,,"The Tennessee Valley Authority is pulling a new fiber line across the Cumberland River between mile marker 313 crossing the main channel 6 a.m. to 7 p.m. April 9, 2021, and at mile marker 320 outside the main channel 6 a.m. to 7 p.m. April 11, 2021.
The Tennessee Valley Authority is pulling a new fiber line across the Cumberland River between mile marker 313 crossing the main channel 6 a.m. to 7 p.m. April 9, 2021, and at mile marker 320 outside the main channel 6 a.m. to 7 p.m. April 11, 2021. Patrol boats are going to be on site to warn recreational and commercial vessels. Traffic may have to be briefly stopped; however, any stoppages should not greatly impact river traffic. Warning signs are also being posted at all boat ramps within a few miles of the work location starting next week. Depending on weather these dates could move a few days prior or after the dates in this announcement. All boats are cautioned to be aware of these operations each day for the rest of the month. For more information, call Shane Carman at 256-314-7840 or contact via e-mail at cscarman@tva.gov.",,,,,,,,,,,,,,,
2580289,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2580289/navigation-notice-21-16-tva-performing-field-study-near-old-watts-bar-fossil-mo/,,lrn,Nashville District,,,,The Tennessee Valley Authority is performing a field study at Tennessee River mile 529.3 around 3 p.m. April 28,Navigation Notice 21-16: TVA performing field study near Old Watts Bar Fossil Mooring Cells,,,,,,,,,,"The Tennessee Valley Authority is performing a field study at Tennessee River mile 529.3 around 3 p.m. April 28, 2021 through 10 a.m. April 29, 2021. TVA plans to have tire floats with flashing lights deployed across the entire river at the Old Watts Bar Fossil mooring cells just downstream of Watts Bar Lock & Dam.
The Tennessee Valley Authority is performing a field study at Tennessee River mile 529.3 around 3 p.m. April 28, 2021 through 10 a.m. April 29, 2021. TVA plans to have tire floats with flashing lights deployed across the entire river at the Old Watts Bar Fossil mooring cells just downstream of Watts Bar Lock & Dam. This includes tires deploying in the navigation channel. TVA will be on site all night and will remove the tires if a tow comes through. They will have a marine radio, but cell contact is the best way to make contact at 256-609-3015. The study may not take place these days depending on river and weather conditions. For more information, contact Daniel Saint via e-mail at dpsaint@tva.gov or call 256-609-3015.",,,,,,,,,,,,,,,
2601066,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2601066/navigation-notice-21-18-tva-pulling-fiber-across-tennessee-river/,,lrn,Nashville District,,,,The Tennessee Valley Authority is pulling a new fiber line across the Tennessee River at mile marker 345 May 13,Navigation Notice 21-18: TVA pulling fiber across Tennessee River,,,,,,,,,,"The Tennessee Valley Authority is pulling a new fiber line across the Tennessee River at mile marker 345 May 13, 2021. TVA plans to pull the old fiber line down May 16.
The Tennessee Valley Authority is pulling a new fiber line across the Tennessee River at mile marker 345 May 13, 2021. TVA plans to pull the old fiber line down May 16. Two patrol boats will be on site to warn recreational and commercial vessels, and may need to stop traffic briefly. However, river traffic should not be significantly impacted. This should be a one-day operation each day from 6 a.m. to 7 p.m. Warning signs will be placed at all boat ramps within a few miles of the work location. Depending on weather, these dates could change plus or minus a few days in either direction. Therefore, all boats are cautioned to be aware of these operations during this period. Call Shane Carman at 256-314-7840 or e-mail cscarman@tva.gov for more information.",,,,,,,,,,,,,,,
2625820,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2625820/nashville-district-seeks-public-comment-for-proposed-work-at-wolf-creek-dam/,,lrn,Nashville District,Russell,,,The U.S. Army Corps of Engineers Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969,Nashville District seeks public comment for proposed work at Wolf Creek Dam,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky.
The U.S. Army Corps of EngineersNashville Districthas prepared aDraft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky. The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates. This Notice is for the review of the draft EA and unsigned FONSI. We request comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than June 21, 2021 to ensure consideration in the final EA.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
2625954,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2625954/nashville-district-seeks-public-comment-for-proposed-work-at-center-hill-dam/,,lrn,Nashville District,DeKalb,,,The U.S. Army Corps of Engineers Nashville District has prepared an Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969,Nashville District seeks public comment for proposed work at Center Hill Dam,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District has prepared an Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Center Hill Dam in DeKalb County, Tennessee.
The U.S. Army Corps of EngineersNashville District has prepared an Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Center Hill Dam in DeKalb County, Tennessee. The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates. This Notice is for the review of the draft EA and unsigned FONSI. We request comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than June 21, 2021 to ensure consideration in the final EA.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
2640813,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2640813/navigation-notice-21-19-short-closures-set-at-kentucky-lock-through-late-summer/,,lrn,Nashville District,,,,Navigation Notice 21-19: Construction activities at Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,Navigation Notice 21-19: Short closures set at Kentucky Lock through late summer,,,,,,,,,,"Navigation Notice 21-19: Construction activities at Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, will cause some minimum impacts to users of the existing chamber into late summer 2021.
Navigation Notice 21-19: Construction activities at Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, will cause some minimum impacts to users of the existing chamber into late summer 2021. The impacts are expected to be short closures from 30 minutes to two hours, once a day, during the hours of 7 a.m. to 7 p.m. Mariners are encouraged to call the lock at 270-362-4226 or by marine radio on channels 13 and 16 for more information.",,,,,,,,,,,,,,,
2640819,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2640819/navigation-notice-21-20-tennessee-river-lock-closures-scheduled-for-inspections/,,lrn,Nashville District,,,,,Navigation Notice 21-20: Tennessee River Lock closures scheduled for inspections,,,,,,,,,,"Navigation Notice 21-20: A series of lock closures for hydraulic steel structure inspections are scheduled for navigation locks on the Tennessee River.
Navigation Notice 21-20: A series of lock closures for hydraulic steel structure inspections are scheduled for navigation locks on the Tennessee River. Inspections are set June 7-10, 2021, for Pickwick Lock and Wheeler Lock; June 14-17, 2021, for Guntersville Lock and Nickajack Lock; and June 28 to July 1, 2021, for Wilson Lock. Each closure will last from 6 a.m. to 4:30 p.m. each day. Call Mike Murphy at 423-870-7674 for more information.",,,,,,,,,,,,,,,
2640827,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2640827/navigation-notice-21-21-diving-operations-scheduled-at-kentucky-lock-june-28-ju/,,lrn,Nashville District,,,,Navigation Notice 21-21: Lewis Environmental Consulting,"Navigation Notice 21-21: Diving operations scheduled at Kentucky Lock June 28-July 2, 2021",,,,,,,,,,"Navigation Notice 21-21: Lewis Environmental Consulting, LLC, is conducting diver operations in support of Kentucky Dam Mussel Survey work 7 a.m. to 5 p.m. daily from June 28 to July 2, 2021.
Navigation Notice 21-21: Lewis Environmental Consulting, LLC, is conducting diver operations in support of Kentucky Dam Mussel Survey work 7 a.m. to 5 p.m. daily from June 28 to July 2, 2021. The survey work involves working within the lower approach channel. Dive crews will be pulled from the channel as needed to minimize traffic delays. Marine channel 13 will be monitored. Vessel operators should exercise caution when transiting this area and allow enough time for the dive crews to pull divers from the water safely. Kentucky Lock is located at Tennessee River mile 22.4. Call Chad Lewis with Lewis Environmental Consulting, LLC,, at 270-489-6711 or mobile 270-227-6935.",,,,,,,,,,,,,,,
2652206,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2652206/draft-environmental-assessment-for-a-proposed-middlesboro-yellow-creek-bypass-c/,,lrn,Nashville District,Bell,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for a Proposed Middlesboro - Yellow Creek Bypass Channel Project; Bell County, Kentucky",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess the impacts of continued Operation and Maintenance (O&M) of the Middlesboro Local Flood Protection Project, Bell County, Kentucky.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess the impacts of continued Operation and Maintenance (O&M) of the Middlesboro Local Flood Protection Project, Bell County, Kentucky.
The purpose of the proposed action is to address activities needed to restore and maintain capacity of the Yellow Creek Bypass Channel to convey flood flows. A previous Notice Of Availability for reviewing the draft EA and unsigned FONSI was sent on 6 March 2020. Since that time, the project received additional funding which expanded proposed work areas and volume of excavation. The 3.9 mile diversion channel extends around the city of Middlesboro from Bennetts Fork to Yellow Creek.",,,,,,,,,,,,,,,
2664658,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2664658/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,,,,,DRAFT Environmental Assessment and unsigned Finding of No Significant Impact for Revision of 1998 Cordell Hull Dam and Reservoir Water Control Manual,,,,,,,,,,"This document serves to evaluate the impacts of the proposed revision of the 1998 Cordell Hull Water Control Manual.
This document serves to evaluate the impacts of the proposed revision of the 1998 Cordell Hull Water Control Manual.The environmental assessment and unsigned finding of no significant impact was prepared by the Nashville District pursuant to the National Environmental Policy Act (NEPA), Council for Environmental Quality regulations (40 CFR 1500-1508), and the Corps Regulation ER 200-2-2, “Policies and Procedures for Implementing NEPA.”",,,,,,,,,,,,,,,
2678282,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2678282/navigation-interests-21-22-survey-of-downstream-approach-conducted-at-kentucky/,,lrn,Nashville District,,,,Navigation Interests 21-22: After construction of the downstream cofferdam was completed at Kentucky Lock at Tennessee River mile 22.4,Navigation Interests 21-22: Survey of downstream approach conducted at Kentucky Lock,,,,,,,,,,"Navigation Interests 21-22: After construction of the downstream cofferdam was completed at Kentucky Lock at Tennessee River mile 22.4, a survey of the downstream approach was conducted to determine if channel changes occurred and help mariners transit the lock efficiently.
Navigation Interests 21-22: After construction of the downstream cofferdam was completed at Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, a survey of the downstream approach was conducted to determine if channel changes occurred and help mariners transit the lock efficiently. The most recent survey indicated that when the tailwater reaches an elevation of 301.0, the channel width between the downstream cofferdam protection cell and rip rap protected shoreline elevation 288 or higher, is reduced to between 105-feet and 110-feet wide. A buoy has been positioned approximately 75 feet upstream of the point of the powerhouse island, marking the rip rap contour to assist with lining up for the lock. Vessel operators should exercise caution when transiting this area and approach in a controlled manner as to transit the lock safely. Proper alignment of the tow by use of the protection cell is required prior to entry of the lock. The photo below is a map of the area showing channel contour.",,,,,,,,,,,,,,,
2681763,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2681763/navigation-notice-21-23-cordell-hull-lock-subject-to-temporary-operations/,,lrn,Nashville District,,,,Cordell Hull Lock on Cumberland River in Carthage,Navigation Notice 21-23: Cordell Hull Lock subject to temporary operations,,,,,,,,,,"Cordell Hull Lock on Cumberland River in Carthage, Tennessee, is subject to temporary operations. The lock will be available, upon appointment, every Friday and Sunday from July 2 through Sept. 26, 2021.
Cordell Hull Lock on Cumberland River in Carthage, Tennessee, is subject to temporary operations. The lock will be available, upon appointment, every Friday and Sunday from July 2 through Sept. 26, 2021. All lockages must be scheduled at least 48 hours in advance. On Fridays, lockages are between 8 a.m. and 2 p.m. On Sundays (and federal holidays), operations may start at 7 a .m. and be initiated by 11 a.m. No lock operation will occur in excessive wind or inclement weather. No lock operation will occur if there is rough water below the lower lock gate. Lockages are limited to vessel with maximum beam (width) of 40 feet. Call 615-735-1040 for more information.",,,,,,,,,,,,,,,
2701345,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2701345/navigation-notice-21-24-diving-operations-planned-at-cumberland-river-mile-19377/,,lrn,Nashville District,,,,Navigation Notice 21-24: Diving operations are planned near the CSX Railroad Bridge at Cumberland River mile 193.77 on Thursday,Navigation Notice 21-24: Diving operations planned at Cumberland River mile 193.77,,,,,,,,,,"Navigation Notice 21-24: Diving operations are planned near the CSX Railroad Bridge at Cumberland River mile 193.77 on Thursday, July 22, 2021. This work is expected to be completed in one day. On that day, the dive vessel will be anchored in the work position no earlier than 7 a.m. and will remain anchored in the work zone until the work is completed.
Navigation Notice 21-24: Diving operations are planned near the CSX Railroad Bridge at Cumberland River mile 193.77 on Thursday, July 22, 2021. This work is expected to be completed in one day. On that day, the dive vessel will be anchored in the work position no earlier than 7 a.m. and will remain anchored in the work zone until the work is completed. In the unlikely event that the work is not completed in one day, the vessel will be removed by 7 p.m., and then returned to the work zone the following day and completed. This work is currently scheduled to be performed on Thursday, but could occur on Wednesday, July 21, or Friday, July 23. Contact Reynolds Construction representative Steven Mainord at 901-331-3117 or Jerry Page at 615-477-1330 for more information.",,,,,,,,,,,,,,,
2701356,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2701356/navigation-notice-21-25-excavation-set-to-begin-on-kuwahee-effluent-line-near-f/,,lrn,Nashville District,Knox,,,Navigation Notice 21-25: At Tennessee River mile 646.3 RDB the Knoxville Utilities Board expect to begin excavation on the Kuwahee Effluent Line near Fort Loudoun Lake in Knox County,Navigation Notice 21-25: Excavation set to begin on Kuwahee Effluent Line near Fort Loudoun Lake,,,,,,400,,,,"Navigation Notice 21-25: At Tennessee River mile 646.3 RDB the Knoxville Utilities Board expect to begin excavation on the Kuwahee Effluent Line near Fort Loudoun Lake in Knox County, Tennessee, to replace approximately 400 linear feet of an existing 48-inch effluent pipeline at KUB's Kuwahee WWTP.
Navigation Notice 21-25: At Tennessee River mile 646.3 RDB the Knoxville Utilities Board expect to begin excavation on the Kuwahee Effluent Line near Fort Loudoun Lake in Knox County, Tennessee, to replace approximately 400 linear feet of an existing 48-inch effluent pipeline at KUB's Kuwahee WWTP. Installation of this line will be completed with cut and cover method. Work will begin on or around July 19, 2021 and completed around Dec. 31, 2021. Normal working hours are from 7 a.m. to 6 p.m. EST, Monday through Friday. Contact Zack Bloomfield at 615-788-1506 for more information.",,,,,,,,,,,,,,,
2701362,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2701362/navigation-notice-21-26-cheatham-lock-fully-open-without-restriction/,,lrn,Nashville District,,,,Navigation Notice 21-26: All maintenance work at Cheatham Lock at Cumberland River mile 148.6 in Ashland City,Navigation Notice 21-26: Cheatham Lock fully open without restriction,,,,,,,,,,"Navigation Notice 21-26: All maintenance work at Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, is completed and the lock is fully open without restriction effective immediately.
Navigation Notice 21-26: All maintenance work at Cheatham Lock at Cumberland River mile 148.6 in Ashland City, Tennessee, is completed and the lock is fully open without restriction effective immediately. Call Bobby Holt at 615-792-0627 for more information.",,,,,,,,,,,,,,,
2715414,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2715414/public-notice-21-26-lrn-2013-01068/,,lrn,Nashville District,Rutherford,,,Public Notice 21-26,Public Notice 21-26; LRN-2013-01068,,,,,,804,,,,"Please address comments to:
Mark G. McIntosh
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, Tennessee 37214
mark.g.mcintosh@usace.army.mil
SUBJECT: Proposed discharge of fill material into waters of the United States to facilitate the construction of Phase II of the Cherry Lane Road improvements project from the intersection of Alford Road and Sulfur Springs Road connecting to Phase III of Cherry Lane Road located within Murfreesboro, Rutherford County, TN.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated. The applicant has applied for the required certification.
APPLICANT: City of Murfreesboro
111 West Vine Street -Second Floor
Murfreesboro, Tennessee 37133
LOCATION: The 1.9 mile roadway project begins near the intersection of Alford Road and Sulphur Springs Road at N35.920275°, W-86.421802°, where it will traverse in a generally northeast direction to connect with the previously constructed Phase I Cherry Lane Road Improvement project just west of Cavalier Drive at approximate coordinates N35.925908°, W-86.390881°. The project area is located on the Walter Hill, Tennessee USGS Topographic Quadrangle within the Stones River watershed (HUC-8: 05130203).
PROJECT DESCRIPTION: The City of Murfreesboro is proposing to construct Phase II of the Cherry Lane Road Improvement project. The Cherry Lane Road Improvement project (the project) is being developed and implemented in three separate phases (Phase I, Phase II, and Phase III) and will ultimately provide a direct route from HWY 41 (Broad Street) to HWY 231 (Memorial Boulevard), with an interchange connection at Interstate 840 (I-840). Phase II of the project consists of constructing a new five-lane roadway that will serve to provide an additional route to and from HWY 41 and I-840. The new roadway will feature an alignment and design, which will support a greater volume of traffic under safer conditions. The alignment of Phase II will ultimately connect with Phase I and Phase III of the project. The implementation of Phase II will also provide alternative transportation methods as the current proposed design features designated pedestrian sidewalks, along with a 10-foot multi-use path.
In order to facilitate the project, the discharge of fill material is proposed within three (3) perennial or intermittent streams, and one (1) wetland. A total of 804 linear feet of streams (0.185 acre) and 11.81 acres of wetlands would be impacted by the proposed discharge of fill material related to the roadway construction. Additionally, the proposal includes the discharge of temporary fill material associated with the installation and maintenance of erosion prevention and sediment control (EPSC) measures. A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, the purpose of the proposed project is to construct Phase II of the project to improve the traffic flow, lessen commuter time, and improve the safety in this area of Murfreesboro. Phase II of the Cherry Lane Road Improvement project is part of the City’s 2040 Major Transportation Plan, which identified and evaluated transportation networks that are vital to the community and are in need of revitalization and restructuring in order to accommodate the growing population and number of commuters that Murfreesboro is experiencing. Local traffic congestion on existing roadways in proximity to the proposed project area have become an increasing issue as Murfreesboro and Rutherford County populations have increased within the last decade. As a result of the increasing population, local commuter traffic has increased. Traffic within the area has also been affected by commuters who travel to Murfreesboro to attend events that are held at the Richard Siegel Soccer Complex in Murfreesboro. The improved Cherry Lane roadway will provide a vital alternate route between I-24 (Interstate 24) and HWY 231 (Memorial Boulevard), with connections to Highway 41 and Interstate 840 occurring along the roadway.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The applicant examined multiple alternatives to the proposed project, including improving the existing Cherry Lane roadway, five alternative routes having a common alignment from Leanna Road westward to Sulphur Springs Road / Alford Road Intersection, alternative designs to the roadway, and the No-Build Alternative. According to the applicant, the selected alternative satisfies the project purpose and need, and was selected as it was found to be the least environmentally damaging practicable alternative.
In order to minimize impacts to jurisdictional aquatic resources, while still adhering to strict design criteria for a major arterial roadway, a redesign of the roadway to feature reduced fill slopes along the alignment were implemented where possible in order to reduce both stream and wetland impacts. Reduction of wetland impacts through the redesign of the alignment and reduction of fill slope requirements allowed for the reduction of wetland impacts from 12.35-acres to a final total of 11.81-acres of impacts.
Measures to prevent on-site and off-site water pollution will be in place before construction within the project area begins. Limits of disturbance (LOD) will be demarcated on-site in order to prevent impacts to other aquatic resources within the subject property. Due to the proposed project being designed to allow to for the continuity of flow and having measures in place to prevent on-site and off-site water pollution, it is anticipated that degradation will be minimal and that water quality criteria will be maintained within the project area, downstream from the project area, and within the subwatershed.
Erosion prevention and sediment control (EPSC) measures (i.e. silt fencing, wattles, etc.) will be installed before any construction begins on the project area. EPSC measures will be inspected to ensure proper performance and will be maintained until vegetative covering has been established. Typical BMPs will be used to protect any remaining aquatic features that will not be disturbed as a result of the proposed project.
Absolute avoidance of jurisdictional aquatic resources that occur within the Phase II roadway corridor is impracticable while maintaining the intended origin and terminus that aligns with the Phase I alignment, which has been constructed and has a fixed origin and terminus, and Phase III alignment, which is pending construction and has specific federal requirements that determine the location of the interchange that occurs at I-840. The Phase II alignment must also conform to the strict roadway construction guidelines and standards set forth by local, state, and federal agencies.
COMPENSATORY MITIGATION: Impacts to aquatic resources resulting from the construction of the proposed project will be off-set through compensatory mitigation via a combination of Permittee-Responsible Mitigation (PRM) and purchased credits from an approved wetland mitigation bank(s) and stream mitigation bank. It is anticipated that a total of 23.62 wetland credits and 461.1 stream credits will be required to provide compensatory mitigation for the proposed project. To compensate for unavoidable permanent impacts to 804 linear feet of streams, the applicant proposes to offset 461.1 stream functional feet from a stream mitigation bank serving the Stones River watershed (HUC-8: 05130203). The applicant proposes to purchase 3.48 wetland credits from wetland compensatory mitigation banks servicing the Stones River watershed (HUC 05130203). In addition to purchasing compensatory wetland credits from a Bank, the applicant proposes a combination of on-site and off-site permittee responsible mitigation (PRM) sites, which are proposed based on their availability, location, potential presence of hydric soils, and viability for providing sufficient compensatory mitigation.
Currently, four sites have been proposed to serve a PRM sites and are as follows;
PRM Site 1 - Jordan Farms North: The proposed Jordan Farms North Site PRM site consists of one area located on-site, adjacent to the proposed roadway alignment. The proposed PRM site will convert an existing scrub-shrub type wetland that is dominated by green ash (Fraxinus pennsylvanica) saplings and transition the area into a grassland type wetland that will feature greater species diversification. The proposed PRM site will provide a more valuable ecological function to the area. The proposed PRM site will also be established as a Natural Area and will provide educational opportunities to local schools and community.
PRM Site 2- High Avenue: The proposed High Avenue PRM site is an off-site area that consists of a City owned parcel of land located southwest from the East Clark Blvd. and Highland Ave. intersection in Murfreesboro, TN. The site encompasses approximately 16.52-acres and it is proposed that a combination of preservation and enhancement will be selected for certain areas within the site, which will generate an estimated 4.11 wetland credits.
PRM Site 3- Franklin Road Property: The proposed Franklin Road Property PRM site is an off-site area located within a property that contains approximately 27.63-acres of wetland areas and a stream channel. The design of the proposed PRM site will also allow for greater species diversity by planting a variety of vegetation across various stratums. Soil within the areas will also be aerated by utilizing low ground pressure equipment which will serve to increase percolation of surface water into the soil profile and decrease any compaction resulting from agricultural practices.
PRM Site 4- Town Creek: The proposed Town Creek PRM site is a stream restoration proposal on approximately 415 linear feet segment of Town Creek, where a large portion of the stream has been culverted since the 1950s to accommodate development. The purpose of this PRM project seeks to design and “daylight” ~ 415 linear feet segment of the channel from its existing state as a culverted channel to an open channel that will feature enhancements in terms of geomorphology, hydrology, and biological functions. The stream enhancement project proposes to generate approximately 285 functional stream credits.
PRM Site 5- Siegel Park: The proposed Siegel Park PRM site is an onsite area located within the Richard Siegel Soccer Park adjacent to the proposed and existing Cherry Lane. The site wetland area totals 16.97 acres that are located within the park.
PRM Site 6 – Jordan Farms South Site: This proposed PRM site is located approximately 0.5-miles south of the impact site. The proposed PRM plan for the site includes the preservation of the entire 17.12-acre area that includes two (2) distinct wetland areas, a glade barren area, and upland buffer area. Baseline information obtained from the site indicates that the site contains a prevalence of the state listed yellow sunnybell (Schoenolirion croceum) species which occurs throughout the majority of the wetland. The site also features a relatively large glade habitat which is a unique habitat that occurs in the southeastern U.S. that features endemic species that only occur within glades. Table 1 below displays the anticipated credit generated from the PRM sites associated with the proposed project.
Table 1. Compensatory Mitigation Generated from PRM Sites
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps will consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: On February 11, 2021, the City of Murfreesboro obtained an official species list of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project from the U.S. Fish & Wildlife Service.
Species Nomenclature
Federal Status
Flowering Plants
Braun’s Rock-cress (Arabis perstellata)
Endangered
Guthrie’s (=pyne’s) Ground-plumb (Astragalus bibullatus)
Endangered
Leafy prairie-clover (Dalea foliosa)
Endangered
Freshwater Mussels
Cumberland pigtoe (Pleurobema gibberum)
Endangered
Tan Riffleshell (Epioblasma floretina walkeri) (=E. walker)
Endangered
Rabbitsfoot (Quadrula cylindrica cylindrica)
Threatened
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of anycomments, the USACE will evaluate the potential effects to listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination. Any response to this notice should be directed to Mark G. McIntosh Nashville District Corps of Engineers, Regulatory Division, at the above address, at 615-428-2297, or via email: mark.g.mcintosh@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",05130203,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
2716428,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2716428/navigation-notice-21-27-construction-at-tennessee-river-mile-94-set-aug-9-30/,,lrn,Nashville District,,,,Navigation Notice 21-27: The Massman Construction Company is constructing an outfall pipe at the edge of the Federal Navigation Channel at Tennessee River mile 94 on the right descending bank from 7 a.m. to 5 p.m. daily Aug. 9-30,Navigation Notice 21-27: Construction at Tennessee River mile 94 set Aug. 9-30,,,,,,,,,,"Navigation Notice 21-27: The Massman Construction Company is constructing an outfall pipe at the edge of the Federal Navigation Channel at Tennessee River mile 94 on the right descending bank from 7 a.m. to 5 p.m. daily Aug. 9-30, 2021.
Navigation Notice 21-27: The Massman Construction Company is constructing an outfall pipe at the edge of the Federal Navigation Channel at Tennessee River mile 94 on the right descending bank from 7 a.m. to 5 p.m. daily Aug. 9-30, 2021. A well-lit barge will be moored about 200-400 feet into the channel for the duration of the project with no method of moving it outside of work hours. Contact Aaron Griffith with Massman Construction Company at 315-761-9735 for more information.",,,,,,,,,,,,,,,
2716563,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2716563/rowena-expansion-project-notice-of-availability/,,lrn,Nashville District,Russell,,,The U.S. Army Corps of Engineers,Rowena Expansion Project Notice of Availability,,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District (USACE) has prepared a draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed Marina@Rowena expansion project on Lake Cumberland in Russell County, Kentucky.
The U.S. Army Corps of Engineers, Nashville District (USACE) has prepared a draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed Marina@Rowena expansion project on Lake Cumberland in Russell County, Kentucky.
The EA evaluated two alternatives in detail for the proposed project, which are described as follows:
Alternative 1 – No Action – Alternative 1 would not allow for the proposed marina lease expansion and construction of additional boat slips and supporting infrastructure. The Marina@Rowena would be limited to its current operations and lease area.
Alternative 2 – Approval of the Proposed Marina@Rowena Expansion – Alternative 2 would allow for an addition of 77.6 water-based acres to the existing lease area and construction of additional boat slips. The applicant proposes to construct a total of 300 boat slips on the expanded lease area and two parking areas (200 total spaces) with turnarounds and a public access road on the existing lease area. Construction would be completed within a phased five-year plan. To facilitate the construction of the parking areas and access road, approximately 9 acres of forested, upland area would be disturbed from the cutting or “borrowing” of material. Construction for the parking areas and access road would be total cut situations resulting in no fill within the storage area of Lake Cumberland. The expansion of the Marina@Rowena would provide members of the public on Lake Cumberland with additional recreational opportunities.
The EA revealed, based on existing conditions, the recommended alternative - Approval of the Proposed Marina@Rowena Expansion – would be considered beneficial for recreation and socioeconomics in the region.
This letter serves as a Notice of Availability (NOA) for reviewing the draft EA and unsigned FONSI. The draft EA was prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality Regulations (40 CFR 1500-1508), and the USACE implementing regulation, ER 200-2-2, 1988, Policies and Procedures for Implementing NEPA. Electronic copies of the documents can be found at: http://www.lrn.usace.army.mil/Media/Public-Notices/Category/10561/project-planning-branch/.
Please submit any written comments no later than September 1, 2021 to ensure consideration in the Final EA. Send written comments to the address listed on the letterhead, ATTN: CELRN- PMP (David A. Adams), or email your comments to david.a.adams@usace.army.mil. Your participation is greatly appreciated.",,,,,,David A Adams,david.a.adams@usace.army.mil,,,,,,,,
2727219,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2727219/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,Harlan,,,Draft Environmental Assessment and Unsigned Finding of No Significant Impact for Revision of 1980 Martins Fork Dam and Reservoir Master Plan,Draft Environmental Assessment and Unsigned Finding of No Significant Impact for Revision of 1980 Martins Fork Dam and Reservoir Master Plan,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District has prepared a Master Plan Update and associated Environmental Assessment and unsigned Finding of No Significant Impact for Martins Fork Reservoir, which is located in Harlan County in Kentucky. These documents are being provided to Federal and State agencies with jurisdiction by law or special expertise and members of the public.
The U.S. Army Corps of Engineers Nashville District has prepared a Master Plan Update and associated Environmental Assessment and unsigned Finding of No Significant Impact for Martins Fork Reservoir, which is located in Harlan County in Kentucky. These documents are being provided to Federal and State agencies with jurisdiction by law or special expertise and members of the public.
The original Martins Fork Reservoir MP was last updated in 1980. The MP serves as a guide for coordination of project development and management of all land and water resources. The intent of an updated MP is to present a current inventory and assessment of resources, provide an analysis of resource use, and evaluate existing and future needs required to protect and improve the value of resources at Martins Fork Reservoir. Figures 1 illustrate the location of the project and Figure 2 is a map of the lake.
A Scoping Letter regarding the revision of Martins Fork’s MP was mailed on February 22, 2020 to solicit comments from the public. Based on public, federal, state, local agencies and officials, Indian Tribes, and other interested parties’ comments to the February 2020 Scoping Letter, the Corps determined an EA was necessary to evaluate environmental impacts associated with the proposed changes to the Martins Fork MP.
Two alternatives are considered in the EA: 1) No Action, which means there would be no update to the existing MP and no new resource classification, assessment or inventory would occur and operation and management of Martins Fork Reservoir would continue as outlined in the 1980 MP; and 2) Implementation of the Proposed MP Update, which would incorporate three actions: a) project land and water allocations and classifications would be made current, b) an analysis of resource use would be conducted, and c) an evaluation of existing/future needs and demands on the project would be completed.
This letter serves as a Notice of Availability for reviewing the EA and unsigned FONSI. The EA was prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality Regulations (40 CFR 1500-1508), and the Corps Engineering Regulation 200-2-2, Policies and Procedures for Implementing NEPA .
Please submit any written comments no later than 30 days from the date on this letter to ensure consideration in the Final EA. Send written comments to the address listed on the letterhead, Attention: CELRN-PMP (Cody A. Flatt), or email your comments to cody.a.flatt@usace.army.mil. Your participation is greatly appreciated.",,,,,,Cody A Flatt,cody.a.flatt@usace.army.mil,,,,,,,,
2742591,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2742591/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"Draft Environmental Assessment and Unsigned Finding of No Significant Impact for Construction Projects at Horse Creek Marina, Dale Hollow Lake, Clay County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with proposed construction projects at Horse Creek Marina on Dale Hollow Lake.
The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with proposed construction projects at Horse Creek Marina on Dale Hollow Lake.
Please send written comments by email to travis.a.wiley@usace.army.mil no later than September 23, 2021 to ensure consideration in the final EA.",,,,,,Travis A Wiley,travis.a.wiley@usace.army.mil,,,,,,,,
2743529,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2743529/public-notice-21-28-lrn-2019-00352/,,lrn,Nashville District,Cheatham,-87.133927,36.164238,Public Notice 21-28,Public Notice 21-28; LRN-2019-00352,,,,,,1730,,,,"Please address all comments to:
Nashville District Corps of Engineers
West Regulatory Field Office (Attn: David Medina)
2424 Danville Road SW, Suite-N
Decatur, AL 35603
PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities on Harpeth River, A Tributary of the Cumberland River, Cheatham County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
APPLICANT: Jim Delanis
Nashville, TN 37212
LEAD FEDERAL AGENCY: The Natural Resources Conservation Service (NRCS) is the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for the proposed work.
LOCATION: The proposed project is located south of Cheatham Lake on the left bank of the Harpeth River, A Tributary of the Cumberland River Left Bank, in Cheatham County, Tennessee. The project site may be found on the Harpeth Valley, TN 7.5 Minute USGS Quadrangle Map (Latitude 36.164238°, Longitude -87.133927°)
DESCRIPTION: The proposed work consists of the discharge of 2,076 cubic yards of Class #2 riprap along 1,730 linear feet of the left bank of the Harpeth River. The project will be include the initial grading of the bank at a 2:1 slope, placing erosion blankets down to the water line and revegetating the slope with native grasses and shrubs (riparian buffer) as per the Natural Resource Conservation Service (NRCS) conservation practices.
If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: To avoid and minimize impacts to the water, the stream bank stabilization project will be carried out utilizing standard Best Management Practices (BMPs). BMPs will be implemented as necessary to ensure adequate erosion and sediment control. In addition, the project will be carried out in accordance with the conditions as specified in the State’s 401 Water Quality and conditions as specified in the Corps’ required permits.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As federal lead agency, NRCS has reviewed theproposalforcompliancewithSection106oftheNHPA. ThisPublicNoticealsoserves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
During NRCS’s review of the project site, their archaeologist concluded that there is no potential to effect historic properties.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment-online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Freshwater Mussels
Tan Riffleshell (Epioblasma florentina walkeri)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
Flowering Plants
Short’s Bladderpod (Physaria globosa)
Endangered
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS). This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species.NRCS has reviewed the project site and determined that the project would have no effect on federally threatened or endangered species nor their habitat.Tennessee Wildlife Resources Agency (TWRA) has reviewed the project and requested that in-stream work be prohibited between April 1st – July 31st and take place during times of low flow to avoid adverse effects to the following State listed species: Smallscale Darter (Etheostoma microlepidum), Splendid Darter (Etheostoma barrenense), and Tippecanoe Darter (Etheostoma tippecanoe).
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work.
The Tennessee Department of Environment and Conservation (TDEC), Division of Water Resources issued an ARAP permit / 401 Water Quality Certification on April 27, 2021 for the project (TDEC Permit Number: NRS21.067)
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before September 7, 2021, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2019-00352 and be directed to the Regulatory Branch, Attention: David Medina, at the above address or email at david.j.medina@usace.army.mil.
/s/
Tim Wilder
Chief, West Permits Branch
USACE - Nashville District",,,,,,David J Medina,david.j.medina@usace.army.mil,,,,,,,,
2747677,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2747677/public-notice-21-29-lrn-0-5039600/,,lrn,Nashville District,Colbert,,,Public Notice 21-29,Public Notice 21-29; LRN-0-5039600,,,,,,1550,,,,"Please address all comments to:
Nashville District Corps of Engineers
Western Regulatory Field Office (Attn: Adam McHann)
2424 Danville Road SW, Suite N, Decatur, AL 35603
and
Tennessee Valley Authority
Attn: Mr. Chad Reed
1101 Market Street
Chattanooga, TN 37402
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed permanent relocation of 1,550 linear feet of Cane Creek, a perennial stream, to facilitate stabilization of an ash pond within the retired Colbert Fossil Plant complex.
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors and Section 404 of the Clean Water Act.
APPLICANT: Tennessee Valley Authority
1101 Market Street
Chattanooga, TN 37402
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within the boundaries of the retired Colbert Fossil Plant, Cane Creek mile 3.33-3.61, Tennessee River Mile 244.1 LB, Colbert County, Alabama. The project is located within the boundaries of Pickwick Lake within the Coffee Slough – Tennessee River 060300050808 HUC-12 watershed. The project site can be found on the PRIDE 7.5 Minute quadrangle maps.
DESCRIPTION: The applicant proposes to relocate 1,550 linear feet of Cane Creek to facilitate stabilization of a closed and capped ash pond. To complete the stabilization of the ash pond, Cane Creek will be relocated east of its present alignment to allow work to commence on the east dike. The proposed relocated channel with be 1,570 linear feet and will involve placement of riffle structures within the new channel and revegetation of the surrounding areas with native shrubs and trees. See attached project plans. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant had stated impacts to Cane Creek were minimized during the design phase as other proposed actions either were not feasible due to the location of the creek of potential for contamination from spillage from the ash pond itself.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the 1,550 linear feet of Cane Creek and the proposed new 1,570 linear foot channel to be constructed.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE and TVA are soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE and TVA to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment-online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Status
Freshwater Mussels
Dromedary Pearlymussel (Dromus dromas)
Endangered
Pink Mucket (Lampsilis abrupta)
Endangered
Rough Pigtoe (Pleurobema plenum)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before September 9, 2021, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-0-5039600 and be directed to the Regulatory Branch, Attention: Adam McHann, at the above address or email at adam.w.mchann@usace.army.mil and Chad Reed, at the address above or email chreed@tva.gov.
/s/
Tim Wilder
Chief, West Permits Branch
Regulatory Division, Nashville District",60300050,,,,,Adam W Mchann,adam.w.mchann@usace.army.mil,,,,,,,,
2760126,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2760126/navigation-notice-21-31-wilson-lock-closed-to-navigation-traffic/,,lrn,Nashville District,,,,Wilson Lock at Tennessee River mile 259.4 in Florence,Navigation Notice 21-31: Wilson Lock closed to navigation traffic,,,,,,,,,,"Wilson Lock at Tennessee River mile 259.4 in Florence, Alabama, is closed to all navigation due to the upstream floating boom wall sinking.
Wilson Lock at Tennessee River mile 259.4 in Florence, Alabama, is closed to all navigation due to the upstream floating boom wall sinking. The auxiliary lock is not available. The Tennessee Valley Authority and the U.S. Army Corps of Engineers Nashville District are assessing damage and developing plans to recover the structure and accommodate river traffic. More information is forthcoming. Call the lock at 256-764-5223 for more information. #Navigation #NashvilleCorps",,,,,,,,,,,,,,,
2762036,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2762036/navigation-notice-21-32-pipeline-to-be-installed-at-omonhundro-water-treatment/,,lrn,Nashville District,Metro-Davidson,,,Navigation Notice 21-32: Metro-Davidson County - Metro Water Services has contracted with Reynolds Construction to insall a pipeline and intake screen in the Cumberland River located downstream of the L&N Railroad trestle at the Omonhundro Water Treatment Plant at Cumberland River mile 194 7 a.m. to 7 p.m.,Navigation Notice 21-32: Pipeline to be installed at Omonhundro Water Treatment Plant,,,,,,,,,,"Navigation Notice 21-32: Metro-Davidson County - Metro Water Services has contracted with Reynolds Construction to insall a pipeline and intake screen in the Cumberland River located downstream of the L&N Railroad trestle at the Omonhundro Water Treatment Plant at Cumberland River mile 194 7 a.m. to 7 p.m., Monday through Friday, Sept. 13, 2021 to March 2, 2022.
Navigation Notice 21-32: Metro-Davidson County - Metro Water Services has contracted with Reynolds Construction to insall a pipeline and intake screen in the Cumberland River located downstream of the L&N Railroad trestle at the Omonhundro Water Treatment Plant at Cumberland River mile 194 7 a.m. to 7 p.m., Monday through Friday, Sept. 13, 2021 to March 2, 2022. Vessel operators can expect to see two barge platforms consisting of one 91-foot by 41-foot barge and one 62-foot by 41-foot barge with crane and marine construction equipment operating in the area. Crews may be working within the navigation channel. Due to the limited channel area, vessel operators should transit this area with caution. Call Steven Mainord with Reynolds Construction at 901-331-3117 for more information.",,,,,,,,,,,,,,,
2763125,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2763125/navigation-notice-21-33-wilson-lock-reopens-with-restrictions/,,lrn,Nashville District,,,,Navigation Notice 21-33: Due to the sinking of the upper lock approach wall at Wilson Lock,Navigation Notice 21-33: Wilson Lock reopens with restrictions,,,,,,,,,,"Navigation Notice 21-33: Due to the sinking of the upper lock approach wall at Wilson Lock, temporary measures have been implemented to operate the main chamber on a limited basis. Until further notice and effective immediately, the Corps of Engineers will be implementing lockage restrictions. The lock is located at Tennessee River mile 259.4 in Florence, Alabama.
Navigation Notice 21-33: Due to the sinking of the upper lock approach wall at Wilson Lock, temporary measures have been implemented to operate the main chamber on a limited basis. Until further notice and effective immediately, the Corps of Engineers will be implementing lockage restrictions. The lock is located at Tennessee River mile 259.4 in Florence, Alabama.
Lockages at Wilson Lock will stop when flows reach 275,000 cfs or spillway gates 1-26 adjacent to the lock are in operation. During this unprecedented event of the absence of the upper approach wall, the Corps of Engineers, U.S. Coast Guard, and Navigation Industry Representatives worked together to develop interim restrictions to safely operate.
Recreation vessels are not restricted at this time and should contact the lock operator on duty to receive specific instructions prior to approaching the lock.
The following restrictions for commercial traffic will be in place effective immediately. Changes or additions to below are at the discretion of the Lockmaster.
1. Towboats are required to have a minimum 300 horsepower per jumbo barge and 750 horsepower per oversize tank barge.
2. No locking of empty tows if sustained winds of 20 mph or higher.
3. DOWNBOUND: (Please reference Diagram 1 on how to approach.)
3.1. Daylight hours only and under good visibility.
3.2. Receive priority during daytime hours.
3.3. Industry provided helper boat must be positioned upstream to assist all downbound lockages regardless of tow size or configuration.
3.4. Tow width cannot exceed 70 feet during approach or when entering the lock.
4. UPBOUND:
4.1. Setovers can be done in the chamber with a helper boat.
4.2. Full tow width of 110 foot allowed.
4.3. Nighttime lockages allowed.
4.4. Must have industry provided helper boat for double lockages or towboats with less than 1,800 hp.
4.5. Must build tows on cells.
If spillway gates 1-26 on Wilson Dam are put into operation or flows reach the Action Phase per the 2020-3428 TN River Waterway Management Plan of 275,000 cfs the lock will stop until the situation is evaluated.
Call Clay Askew at 256-764-5223 at Wilson Lock for more information.",,,,,,,,,,,,,,,
2769034,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2769034/public-notice-21-31-lrn-2019-00311/,,lrn,Nashville District,Madison,-86.7221,34.65283,Public Notice 21-31,Public Notice 21-31; LRN-2019-00311,,,,,,,,,,"Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
STATE OF ALABAMA
SUBJECT: Proposed discharge of fill material into waters of the United States associated with the construction of a residential development and associated infrastructure in Madison, Madison County, Alabama.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Before a permit can be issued, certification must be provided by the State of Alabama, Department of Environmental Management (ADEM), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: Jeff Benton Homes
809 Shoney Drive, Suite 200
Huntsville, Alabama 35801
LOCATION: Wetland adjacent Betts Spring Branch, at an 88-acre property located west of immediately west of Zierdt Road and north of the Martin Road intersection, in Madison, Madison County, Alabama. USGS Quadrangles – Madison, AL; Latitude 34.65283°N, Longitude 86.72210°W.
EXISTING CONDITIONS: The property is a mixture of field and forest with moderately flat terrain. A jurisdictional 3.4-acre wetland is located on the northwestern portion of the property and a non-jurisdictional 1.8-acre wetland is located on the southeastern portion of the property. The surrounding land use is mostly residential, commercial, and forest but to the east is the U.S. Army Redstone Arsenal military base.
WORK PROPOSED: The proposed project involves the permanent discharge of fill material into 2.96 acres of jurisdictional wetland for the construction of a residential development and associated infrastructure. Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant’s proposed project avoids impacts to 0.44 acre of jurisdictional wetland.
COMPENSATORY MITIGATION PROPOSAL: The applicant proposes to offset the proposed permanent impacts to 2.96 acres of wetland through the purchase of 4.82 wetland credits from the Robinson Spring Mitigation Bank whose service area includes the project location.
NEPA PROJECT PURPOSE AND NEED: The purpose for the project is to construct a single-family residential development. The need is to provide a rapidly growing community with additional housing.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website indicates no National Historic Preservation Act (NHPA) listed properties within two miles of the permit area.This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the AHC and Native American Tribes.
ENDANGERED/THREATENED SPECIES REVIEW: Based on a review of the U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/), the following federally-listed species are known to or believed to occur in the project area.
Species
Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Insects
Monarch Butterfly (Daniusplexippus)
Candidate
Crustaceans
Alabama Cave Shrimp(Palaemonias alabamae)
Endangered
A copy of this notice is being furnished to the USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Alabama is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, and/or email at william.e.sinclair@usace.army.mil. It is not necessary to comment separately to ADEM since copies of all comments will be sent to them and become part of their records on the proposal.
If you received this notice by mail and wish to view all of the attachments, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone 256-350-5620, 256-316-7188, or email william.e.sinclair@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Permits Branch
Regulatory Division, Nashville District
U.S. Army Corps of Engineers",,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,,,,,,,
2772289,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2772289/public-notice-21-30-lrn-2019-01118/,,lrn,Nashville District,Putnam,-85.617215,36.13673,Public Notice 21-30,Public Notice 21-30; LRN-2019-01118,,,,,,920,,,,"Please Address all Comments to:
U.S. Army Corps of Engineers, East Permits Branch
Attn: Gary L. Davis
3701 Bell Road, Nashville, TN 37214
PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
SUBJECT: Proposed Discharge of Fill Material for Commercial Development, AdjacentWetland to Unnamed Tributary of Mine Creek, Cumberland River Mile 309.0L, Baxter,
Putnam County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for aDepartment of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act
(CWA). Before a permit can be issued, certification must be provided by the TennesseeDepartment of Environment and Conservation (TDEC) Division of Water Resources
pursuant to Section 401(1)(1) of the CWA, that applicable state water quality standardswill not be violated by the work.
APPLICANT: Portobello America, Inc.
650 South Jefferson Avenue, Suite 115
Cookeville, TN 38501
LOCATION: The proposed project located 8700 Ditty Road, Baxter, Putnam County,Tennessee (Latitude: 36.13673° N, Longitude: -85.617215°W). Waters of the U.S.
proposed for impact is an adjacent wetland of an unnamed tributary to Mine Creek thatflows into Caney Fork (Center Hill Reservoir), Cumberland River Mile 309.0L. The
proposed project is located within the Mine Lick Creek 051301080901 HUC-12watershed. The project site can be found on the TN COOKEVILLE WEST 7.5 Minute
quadrangle maps. See Attachments 1-2, Site Location Maps.DESCRIPTION: The applicant proposes to construct tile manufacturing and warehousefacility with associated infrastructure. The project site is 92 acres and contains 4.76acres of jurisdictional wetlands and 920 linear feet of jurisdictional stream. Theinfrastructure includes roadways, 5 stormwater detention ponds, 1 potentialunderground detention pond, two parking areas for approximately 197 vehicles, 2sections of retaining wall, utility lines, and loading docks. The completed building will2,634.75 feet long and contain 1,500,00 square feet. The width of the building will rangefrom approximately 525 to 710 linear feet. See Attachments 3-5, Plans. If you wish to view additional plans, please visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: According to the permit application, the purpose of the proposed project is to construct a tile manufacturing plant and warehouse near Interstate 40 (I-40) in close proximity to raw materials necessary for the tile manufacturing process that will create important local economic opportunities for the City of Baxter and Putnam County, Tennessee. The proposed project will provide residents of Baxter and Putnam County a significant social and economic benefit including additional jobs, tax revenue and improved social benefits.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, the currently proposed layout and preferred alternative avoids and minimizes impacts to aquatic resources to the maximum extent practicable. The applicant evaluated multiple alternatives to the proposed project, including no action, two (2) alternative sites and one (1) on-site alternative. According to the applicant, the no action alternative would not meet the project goals of developing a manufacturing facility within the geographic area targeted by the Applicant. This alternative would also fail to provide economic benefits for the City of Baxter, Putnam County, and local residents, such as job creation, investment in the local economy,and generating tax revenues from the site. The preferred project site is composed of 4.76 acres of jurisdictional wetlands and 920 linear feet of jurisdictional stream. The initial design of the project would impact 3.45 acres of wetland 642 linear feet of stream. The re-design and preferred layout of the facility will impact 1.93 acres of wetlands and 0 linear feet of stream. The project would avoid 2.83 acres of jurisdictional wetlands and 920 linear feet of jurisdictional stream. The preferred alternative satisfies the project purpose and need and selected because it would be the least damaging practicable alternative. The off-site alternatives are identified as Site 1 and Site 2. The proposed project at Site 1 would impact 0 acre of jurisdictional wetland and 4,500 linear feet of jurisdictional stream. The proposed project at Site 2 would impact 7.5 acres of jurisdictional wetlands and 6,056 linear feet of jurisdictional stream. Erosion Prevention and Sediment Control (EPSC) best management practices (BMPs) are to be installed and maintained during construction to reduce the likelihood of erosion and migration of sediment from the project site into adjacent environmental features.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for impacts to the 1.93 wetland acres by purchasing 6.0 wetland mitigation credits in the Upper Cumberland River Service Area provided by the Tennessee Mitigation Fund (TMF).
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A Phase I Archaeological Survey has been conducted for the site. The results indicated no previously recorded archaeological sites are present within 1-mile radius of the project area. No cultural material was recovered and no intact subsurface deposits attributable to prehistoric activity were encountered. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. The USACE invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. If the USACE determines that consultation is required, the USACE will consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. BDY Natural Sciences Consultants identified the federally-listed species that are known to or believed to occur in the vicinity of the proposed project in the table below.
Species Nomenclature
Federal Status
Freshwater Mussels
Clubshell (Pleurobema clava)
Endangered
Cumberland Bean (Villosa trabalis)
Endangered
Cumberlandian Combshell (Epioblasma brevidens)
Endangered
Dromedary Pearlymussel (Dromus dromas)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Oyster Mussel (Epioblasma capsaeformis)
Endangered
Pink Mucket (pearlymussel) (Lampsilis abrupta)
Endangered
Rabbitsfoot (Quadrula cylindrica cylindrica)
Endangered
Sheepnose (Plethobasus cyphyus)
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Snuffbox Mussel (Epioblasma triquetra)
Endangered
Spectaclecase(Cumberlandia monodonta)
Endangered
White Wartyback(Plethobasus cicatricosus)
Endangered
Mammals
Gray Bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalis)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
No critical habitats were identified at the proposed project site. A copy of this notice is being furnished to the USFWS for their review. The USACE is requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1972, as amended. After receipt of comments, the USACE will evaluate the potential effects on proposedand/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination. Any response to this notice should reference LRN-2019-01118 and be directed to the Regulatory Branch, Attention: Gary L. Davis, at the above address, via phone 270-702-1312 or email at gary.l.davis@usace.army.mil.
\s\
Aurora Scott for Casey Ehorn
Chief, East Permits Branch
Regulatory Division
U.S. Army Corps of Engineers - Nashville District",51301080,,,,,Gary L Davis,gary.l.davis@usace.army.mil,,,,,,,,
2776045,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2776045/navigation-notice-21-34-wilson-lock-closing-for-inspection-sept-22-2021/,,lrn,Nashville District,,,,Wilson Lock at Tennessee River mile 256.4 in Florence,"Navigation Notice 21-34: Wilson lock closing for inspection Sept. 22, 2021",,,,,,,,,,"Wilson Lock at Tennessee River mile 256.4 in Florence, Alabama, is closing 7 a.m. to 4 p.m. Wednesday, Sept. 22, 2021 while divers inspect the lower emptying valve. Call the lock at 256-764-5223 for more information.
Wilson Lock at Tennessee River mile 256.4 in Florence, Alabama, is closing 7 a.m. to 4 p.m. Wednesday, Sept. 22, 2021 while divers inspect the lower emptying valve. Call the lock at 256-764-5223 for more information.",,,,,,,,,,,,,,,
2776049,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2776049/navigation-notice-21-35-planned-closure-of-barkley-lock-postponed/,,lrn,Nashville District,,,,The planned lock closure for the bio-acoustic fish fence (BAFF) at Barkley Lock originally scheduled Sept. 16 to Oct. 1,Navigation Notice 21-35: Planned closure of Barkley Lock postponed,,,,,,,,,,"The planned lock closure for the bio-acoustic fish fence (BAFF) at Barkley Lock originally scheduled Sept. 16 to Oct. 1, 2021 has been postponed for a later date to be determined.
The planned lock closure for the bio-acoustic fish fence (BAFF) at Barkley Lock originally scheduled Sept. 16 to Oct. 1, 2021 has been postponed for a later date to be determined. The lock is located at Cumberland River mile 30.6 in Grand Rivers, Kentucky. This is in reference to Navigation Notice 21-28.",,,,,,,,,,,,,,,
2781213,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2781213/public-notice-21-27-lrn-2021-00713/,,lrn,Nashville District,White,,,Public Notice 21-27,Public Notice 21-27; LRN-2021-00713,,,,,,,,,,"Please send comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Ryan Evans), 3701 Bell Road, Nashville, TN 37214
SUBJECT: This notice announces a prospectus has been submitted for the development of the Gleason Creek Stream and Wetland Mitigation Bank (GCMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
APPLICANT: MRW Environmental
32 N Main St.
Sparta, TN 38583
LOCATION: The GCMB is approximately 50 acres in size, is located near Shady Grove in White County, Tennessee, and can be referenced on the Cassville United States Geological Survey topographic map. Coordinates for the proposed Bank are N 36.124552˚ W-85.251529˚. The proposed Bank is located within the Caney watershed 8-digit Hydrologic Unit Code (“HUC”) 05130108.
PURPOSE: The GCMB is proposed to provide compensatory stream and wetland mitigation for permitted impacts within the Primary Service Area of the Caney(05130108) HUC 8. The proposed secondary service areas are the Lower Cumberland – Old Hickory Lake (05130201) HUC 8and the Stones (05130203) HUC 8.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act.In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor.The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI).The MBI is the legal document for the establishment, operation and the use of a mitigation bank.This bank is intended to be a private commercial bank.The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank.The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE).The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI.The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation.The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The project’s goals include the restoration (Re-establishment and/or Rehabilitation) of an approximately 45-acre self-sustaining forested Headwater Slope Wetland (HWS) composed of native species and restoration of 4,745 +/- linear feet of three streams. The restored streams and wetlands are to be used to provide compensatory mitigation for unavoidable impacts to Waters of the United States, as outlined in the Sponsor’s Umbrella Mitigation Banking Instrument (UMBI). These impacts will result from activities authorized under Sections 401 and 404 of the Clean Water Act, and Section 10 of the Rivers and Harbors Act, and/or the Tennessee Water Quality Act.
The project includes the restoration of three streams (Gleason Creek and two unnamed tributaries) as well as the restoration of approximately 45 acres of HWS. Historical disturbances to the property and in the watershed, have caused widespread stream and wetland degradation, and cattle impacts continue to degrade the system. The majority of the streams and wetland restoration areas (i.e., reestablishment and rehabilitation) are adjacent to agricultural fields, and all streams have been straightened, channelized, and offset from their historic position.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for themitigation bank.
HISTORIC AND CULTURAL RESOURCES: A review of the Tennessee HistoricalCommission Web Service Database and the National Register of Historical Places web database indicated there are no historic or cultural resource listings occurring within the project site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps will consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes.
ENDANGERED/THREATENED SPECIES REVIEW:A review of the United States Fish and Wildlife Service (USFWS) website,http://ecos.fws.gov/ipacidentified the following federally-listed species that are known to or believed to occur in White County, Tennessee:
SPECIES
FEDERAL STATUS
Mammals
Gray Bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalis)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Freshwater Mussels
Cumberland Bean (Villosa trabalis)
Endangered
Flowering Plants
Cumberland Rosemary (Conradina verticillata)
Threatened
Virginia Spiraea (Spiraea virginiana)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
EVALUATION:After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by DA permits. That determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING:Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination.Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email:ryan.evans@usace.army.mil
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130108, 05130201, 05130203",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2793230,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2793230/navigation-notice-21-36-pickwick-lock-main-chamber-closing-oct-12-23-2021/,,lrn,Nashville District,,,,Navigation Notice 21-36: Pickwick Lock main chamber closing Oct. 12-23,"Navigation Notice 21-36: Pickwick Lock main chamber closing Oct. 12-23, 2021",,,,,,,,,,"Navigation Notice 21-36: Pickwick Lock main chamber at Tennessee River mile 206.7 in Counce, Tennessee, is closing for fender repair from oct. 12-23, 2021. During this time, all navigation traffic should be prepared to use the auxiliary chamber. Contact Pickwick Lock at 731-925-2334 for more information.
Navigation Notice 21-36: Pickwick Lock main chamber at Tennessee River mile 206.7 in Counce, Tennessee, is closing for fender repair from oct. 12-23, 2021. During this time, all navigation traffic should be prepared to use the auxiliary chamber. Contact Pickwick Lock at 731-925-2334 for more information.",,,,,,,,,,,,,,,
2793238,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2793238/navigation-notice-21-37-tva-installing-fiber-line-at-cumberland-river-mile-2435/,,lrn,Nashville District,,,,The Tennessee Valley Authority is pulling a new fiber line across the Cumberland River mile 243.5 at the Gallatin Fossil Plant 7 a.m. to 4 p.m. Oct. 9,Navigation Notice 21-37: TVA installing fiber line at Cumberland River mile 243.5,,,,,,,,,,"The Tennessee Valley Authority is pulling a new fiber line across the Cumberland River mile 243.5 at the Gallatin Fossil Plant 7 a.m. to 4 p.m. Oct. 9, 2021.
The Tennessee Valley Authority is pulling a new fiber line across the Cumberland River mile 243.5 at the Gallatin Fossil Plant 7 a.m. to 4 p.m. Oct. 9, 2021. TVA will have three patrol boats on site to warn recreational and commercial vessels. Those vessels will monitor channels 16 and 13. Traffic will be stopped as needed. There will also be warning signs placed at all boat ramps within a few miles of the work location the week prior to the work. Even though this is the proposed date, depending on weather, the date could change a few days in either direction; therefore, all boats are cautioned to be aware of these operations a few days before and after. Call Shane Carman with TVA at 256-314-7840 or contact him via e-mail at cscarman@tva.gov for more information.",,,,,,,,,,,,,,,
2793258,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2793258/navigation-notice-21-38-pickwick-locks-main-chamber-closed/,,lrn,Nashville District,,,,Due to a loose quoin bearing block(s) on the upper gate of Pickwick Lock's main chamber,Navigation Notice 21-38: Pickwick Lock's main chamber closed,,,,,,,,,,"Due to a loose quoin bearing block(s) on the upper gate of Pickwick Lock's main chamber, the main chamber will be closed to traffic until the situation can be evaluated and, if needed repaired. The auxiliary chamber, which is 110 feet wide by 600 feet long, is open and available. The lock is located at Tennessee River mile 206.7. Status updates and additional information will be shared when available. Call the lock at 731-925-2334 for more information.
Due to a loose quoin bearing block(s) on the upper gate of Pickwick Lock's main chamber, the main chamber will be closed to traffic until the situation can be evaluated and, if needed repaired. The auxiliary chamber, which is 110 feet wide by 600 feet long, is open and available. The lock is located at Tennessee River mile 206.7. Status updates and additional information will be shared when available. Call the lock at 731-925-2334 for more information.",,,,,,,,,,,,,,,
2802427,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2802427/navigation-notice-21-39-kentucky-lock-closures-set-in-november-december-2021/,,lrn,Nashville District,,,,Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers,"Navigation Notice 21-39: Kentucky Lock closures set in November, December 2021",,,,,,,,,,"Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing 6 a.m. to 6 p.m. Nov. 1-24, 2021 and again 6 a.m. to 6 p.m. Nov. 29 to Dec. 10, 2021 to make needed repairs to the miter gate operating machinery.
Kentucky Lock at Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing 6 a.m. to 6 p.m. Nov. 1-24, 2021 and again 6 a.m. to 6 p.m. Nov. 29 to Dec. 10, 2021 to make needed repairs to the miter gate operating machinery. During the closure, the lock will reopen for four consecutive days Nov. 24-28, 2021 to alleviate traffic. During the periods of closure, Barkley Lock and Dam at mile 30.6 on the Cumberland River, will be available via the Barkley Canal to pass traffic. Call Kentucky Lock at 270-362-4226 for more information.",,,,,,,,,,,,,,,
2806696,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2806696/navigation-notice-21-40-wilson-lock-closing-oct-20-2021-for-tva-automation-test/,,lrn,Nashville District,,,,Navigation Notice 21-40: Wilson Lock closing Oct. 20,"Navigation Notice 21-40: Wilson Lock closing Oct. 20, 2021 for TVA automation testing",,,,,,,,,,"The Tennessee Valley Authority is performing an automation testing on spillway gates 1-26, closest to Wilson Lock, 7 a.m. to 7 p.m. CST Oct. 20, 2021. Per notice to Navigation 21-33, Wilson Lock will be closed to allow these gates to operate.
The Tennessee Valley Authority is performing an automation testing on spillway gates 1-26, closest to Wilson Lock, 7 a.m. to 7 p.m. CST Oct. 20, 2021. Per notice to Navigation 21-33, Wilson Lock will be closed to allow these gates to operate. Call John Barker with TVA at 423-240-6373 regarding the spillway test. Wilson Lock is located at Tennessee River mile 256.4 in Florence, Alabama.",,,,,,,,,,,,,,,
2806702,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2806702/navigation-notice-21-41-diving-operations-set-oct-13-2021-at-cumberland-river-m/,,lrn,Nashville District,,,,Navigation Notice 21-41: Diving operations set Oct. 13,"Navigation Notice 21-41: Diving operations set Oct. 13, 2021 at Cumberland River mile 102.2",,,,,,,,,,"SE Diving is conducting diving operations on the raw water intake at Cumberland River mile 102.2 from 7 a.m. to 7 p.m. Oct. 13, 2021. The diver will dive from the shore to about 300-400 feet into the channel with a flag marking the tender on the shore and a flag floating above the diver in the water.
SE Diving is conducting diving operations on the raw water intake at Cumberland River mile 102.2 from 7 a.m. to 7 p.m. Oct. 13, 2021. The diver will dive from the shore to about 300-400 feet into the channel with a flag marking the tender on the shore and a flag floating above the diver in the water. When approaching the area, mariners are asked to reach out to David Rhodes on Marine Channel 15 to ensure the diver is safely away from traffic. If mariners are unable to reach him on the radio, call him on his mobile phone at 864-978-6542.",,,,,,,,,,,,,,,
2806707,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2806707/navigation-notice-21-42-wilson-main-lock-closing-oct-26-to-nov-4-2021-auxiliary/,,lrn,Nashville District,,,,Navigation Notice 21-42: Wilson Main Lock closing Oct. 26 to Nov. 4,"Navigation Notice 21-42: Wilson Main Lock closing Oct. 26 to Nov. 4, 2021; auxiliary lock open",,,,,,,,,,"Divers are replacing trash screens on the upstream river wall of Wilson Lock main chamber Oct. 26 to Nov. 4, 2021. The main chamber on Tennessee River in Florence, Alabama, will be closed during this time. The auxiliary lock will be open.
Divers are replacing trash screens on the upstream river wall of Wilson Lock main chamber Oct. 26 to Nov. 4, 2021. The main chamber on Tennessee River in Florence, Alabama, will be closed during this time. The auxiliary lock will be open. Call the lock at 256-764-5223 for more information.",,,,,,,,,,,,,,,
2815226,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2815226/public-notice-21-33-lrn-2021-00449/,,lrn,Nashville District,Hawkins,-83.06416,36.444428,Public Notice 21-33,Public Notice 21-33; LRN-2021-00449,,,,,,12803,,,,"SUBJECT: This notice announces a prospectus has been submitted for the development of the Pressman
SUBJECT: This notice announces a prospectus has been submitted for the development of the Pressman Mitigation Bank (PMP) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
APPLICANT: Davey Mitigation
1500 N. Mantua St.
Kent, OH 44240
PURPOSE: The PMB is proposed to provide compensatory stream and wetland mitigation for permitted impacts within the Primary Service Area of the Holston River (06010104) HUC 8 watershed. The proposed Secondary Service Areas are the Upper Clinch River (06010205) HUC 8 watershed, South Fork Holston River (06010102) HUC 8 watershed, Nolichucky River (06010108) HUC 8 watershed, Lower French Broad (06010107) HUC 8 watershed, Powell River (06010207) HUC 8 watershed, and Watts Bar Lake (06010201) HUC 8 watershed.LOCATION: The PMB is approximately 88 acres in size and is located in east central Tennessee, approximately four miles northwest of the Town of Rogersville in southwestern Hawkins County adjacent to the historic Pressman’s Home landmark. The site is situated along TN-94 within the relic golf course portion of the Pressman property, (36.444428, -83.064160).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act.In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor.The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI).The MBI is the legal document for the establishment, operation and the use of a mitigation bank.This bank is intended to be a private commercial bank.The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank.The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE).The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI.The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation.The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The Bank site currently consists of approximately 12,803 linear feet of the main channel of Little Poor Valley Creek and several of its unnamed tributaries. The major stressors along the project streams are the results of active golf course maintenance. Stressors contributing to stream impairment along the golf course include culverts, impoundments, and mowing of the riparian areas. Many of the waterways on the parcel have been either channelized, buried, encapsulated, impounded, relocated, or bermed to accommodate the golf course property use. The golf course was recently an actively maintained facility that included routine mowing, grooming, and chemical applications to the greens, fairways, and rough, which were potentially contributing to water quality problems (i.e. nutrient loading, turbidity, TSS, and temperature).
The Bank will consist of the restoration of approximately 17,964 linear feet of the main channel and unnamed tributaries to Little Poor Valley Creek using natural channel design techniques to provide a functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physicochemical, and biological functions. There are also several ponds within the project site that offer restoration opportunity.
The primary goal for wetland restoration will be to restore wetland hydrology throughout adjacent floodplain areas along Little Poor Valley Creek by reversing historical impacts which include tile drains and channelization and restoring vegetation, with the goal of restoring forested wetlands. Both the goals and objectives of this project will focus on improving floodplain connectivity, lateral migration, bed form diversity, and riparian vegetation.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for themitigation bank.
HISTORIC AND CULTURAL RESOURCES: An investigation of the online Tennessee Historical Commission (THC) Viewer revealed one previously identified resource (HW-2274) within the project Limits of Disturbance (LOD), 14 resources in close proximity, and one additional resource within an approximately 0.5 mi radius of the proposed project. The majority of these resources are associated with the NRHP-listed Pressmen’s Home Historic District, which intersects with the project area. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes.
ENDANGERED/THREATENED SPECIES REVIEW:A review of the United States Fish and Wildlife Service (USFWS) website,http://ecos.fws.gov/ipacidentified the following federally-listed species that are known to or believed to occur in Hawkins County, Tennessee:
Species
Scientific Name
Federal Status
Mammals
Myotis grisescens (Gray Bat)
Endangered
Myotis sodalis (Indiana Bat)
Endangered
Myotis septentrionalis (Northern Long-Eared Bat)
Threatened
Fishes
Erimystax cahni (Slender Chub)
Threatened
Freshwater Mussels
Lemiox rimosus (Birdwing Pearlymussel)
Endangered
Vilosa trabalis (Cumberland Bean)
Endangered
Quadrula intermedia (Cumberland Monkeyface)
Endangered
Dromus dromas (Dromedary Pearlymussel)
Endangered
Fusconaia cuneolus (Finerayed Pigtoe)
Endangered
Epioblasma turgida (Turgid Blossom)
Endangered
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination.Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email:ryan.evans@usace.army.mil
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010102, 06010104, 06010107, 06010108, 06010201, 06010205, 06010207",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2815598,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2815598/navigation-notice-21-43-site-drilling-set-at-cumberland-river-mile-1247/,,lrn,Nashville District,,,,,Navigation Notice 21-43: Site drilling set at Cumberland River mile 124.7,,,,,,,,,,"Navigation Notice 21-43: Southern Marine Construction Company is conducting site drilling at Cumberland River mile 124.7 for about one week during daylight hours beginning Oct. 18.
Navigation Notice 21-43: Southern Marine Construction Company is conducting site drilling at Cumberland River mile 124.7 for about one week during daylight hours beginning Oct. 18. They are using a 195-foot by 35-foot crane at the jobsite. Equipment is being mored during non-working hours at jobsite against right descending bank. The crew will monitor channel 13 for all communications. Call David Serodino with Southern Marine Company at 423-443-8252 for more information.",,,,,,,,,,,,,,,
2816380,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2816380/public-notice-21-32-lrn-2021-00746/,,lrn,Nashville District,Roane,,,Public Notice 21-32,Public Notice 21-32; LRN-2021-00746,,,,,,46551,,,,"Please address comments to: Nashville District Corps of Engineers (Attn: Katie Alston), Regulatory Division, 3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Smoky Run Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Mitigate Tennessee, LLC
PO Box 836
Hallsville, TX 75650
LOCATION: The proposed Smoky Run Mitigation Bank (SRMB) comprises approximately 220 acres in Roane County, Tennessee (Figure 1). This site is located within the Southern Dissected Ridges and Knobs Level IV Ecoregion of the Ridge and Valley.
PURPOSE: The SRMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Watts Bar Lake (06010201) and secondary service areas of the Middle Tennessee-Chickamauga (HUC 06020001) and Lower French Broad River (HUC 06010107).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: Utilizing a watershed-scale restoration approach, SRMB proposes to restore 46,551 linear feet of Smoky Run and its tributaries through a combination of establishment, re-establishment, restoration, and preservation. See Table 1 for a listing of the existing and proposed stream lengths, as well as proposed credits from the proposed SRMB, and See Table 2 for a summary of the project goals.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project (Table 3):
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by November 18, 2021 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katie Alston at the above address or by email: katherine.c.alston@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
Nashville District
U.S. Army Corps of Engineers","06010107, 06010201, 06020001",,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
2820490,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2820490/navigation-notice-21-44-pickwick-main-lock-is-open/,,lrn,Nashville District,,,,Pickwick main chamber is operational. Repairs have been made to the upper gate of Pickwick Main Lock at Tennessee River mile 206.7 in Counce,Navigation Notice 21-44: Pickwick Main Lock is open,,,,,,,,,,"Pickwick main chamber is operational. Repairs have been made to the upper gate of Pickwick Main Lock at Tennessee River mile 206.7 in Counce, Tennessee. The lock is open to traffic immediately. Call the lock at 731-925-2334 for more information.
Pickwick main chamber is operational. Repairs have been made to the upper gate of Pickwick Main Lock at Tennessee River mile 206.7 in Counce, Tennessee. The lock is open to traffic immediately. Call the lock at 731-925-2334 for more information.",,,,,,,,,,,,,,,
2822395,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2822395/navigation-notice-21-45-core-drilling-planned-at-kentucky-lock/,,lrn,Nashville District,,,,Southern Marine is conducting core drilling for the Tennessee Valley Authority during daylight hours seven days a week at Kentucky Lock's upper guide wall concurrent with previously scheduled maintenance according to Notice to Navigation 21-43 from Nov. 1-15,Navigation Notice 21-45: Core drilling planned at Kentucky Lock,,,,,,,,,,"Southern Marine is conducting core drilling for the Tennessee Valley Authority during daylight hours seven days a week at Kentucky Lock's upper guide wall concurrent with previously scheduled maintenance according to Notice to Navigation 21-43 from Nov. 1-15, 2021. They are using a 194-foot by 35-foot crane barge and the M/V Low Bid.
Southern Marine is conducting core drilling for the Tennessee Valley Authority during daylight hours seven days a week at Kentucky Lock's upper guide wall concurrent with previously scheduled maintenance according to Notice to Navigation 21-43 from Nov. 1-15, 2021. They are using a 194-foot by 35-foot crane barge and the M/V Low Bid. They are mooring equipment and working at the location and monitoring channel 13. Kentucky Lock is located at Tennessee River mile 22.4 on the Tennessee River in Grand Rivers, Kentucky. Call David Serodino with Southern Marine Construction Company at 423-443-8252 for more information.",,,,,,,,,,,,,,,
2827344,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2827344/public-notice-21-34-lrn-2021-00797/,,lrn,Nashville District,,,,Public Notice 21-34,Public Notice 21-34; LRN-2021-00797,,,,,,9033,,,,"Please address all comments to: Nashville District Corps of Engineers, Regulatory Division
(Attn: Ryan Evans), 3701 Bell Road, Nashville, TN 37214
SUBJECT: This notice announces a prospectus has been submitted for the development of the Roller Coaster Ridge Stream Mitigation Bank (RCRMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
APPLICANT: Resource Environmental Solutions (RES)
103 Continental Place, Suite 100
Brentwood, TN 37027
PURPOSE: The RCRMB is proposed to provide compensatory stream and wetland mitigation for permitted impacts within the Primary Service Area of the Lower Cumberland HUC 8. The proposed secondary service areas are the Lower Cumberland-Sycamore (HUC-8 05130202), Red River (HUC-8 05130206), and Harpeth River watershed (HUC-8 05130204).
LOCATION: The proposed RCRMB is located at central coordinates 36.544917°, -87.844625° to the south ofPleasant Hill Rd, 5 miles north of the City of Dover, in Stewart County, Tennessee, and can be referenced on the Bumpus Mills, Tennessee United States Geological Survey topographic map. The proposed Bank is approximately 42 acres in size within a property area of 347.35 acres and is located within the Lower Cumberland 8-digit Hydrologic Unit Code (“HUC”) 05130205.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act.In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor.The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI).The MBI is the legal document for the establishment, operation and the use of a mitigation bank.This bank is intended to be a private commercial bank.The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank.The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE).The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI.The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation.The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The proposed stream mitigation bank site has historically been used for hay production and livestock pasture, which have significantly contributed to degradation of the stream system mainly through channelization of tributaries, ultimately precluding floodplain connectivity and promoting streambank erosion and channel degradation. The existing site characteristics and functional deficiencies of the streams located throughout the proposed stream mitigation bank supports the need for ecological restoration and enhancement.The applicant proposes to improve the resource functions of 9,033 linear feet of stream, across five unnamed tributaries to the Cumberland River using natural channel design techniques. The primary stream improvements will consist of riparian buffer restoration, in-stream channel restoration, enhancement, and preservation to specified reaches.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: A review of the National Park Service’s (NPS) National Register of Historic Places/Cultural Resources spatial dataset was conducted. The review found a total of 10 cultural resource structures, districts, and buildings were located within a 10-mile radius of the proposed RCRMB. One of these resources is located within a 5-mile radius, and none are located within a 1-mile radius. The proposed restoration activities are believed to have no effect on these structures or places, nor on their viewsheds.
At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes.
ENDANGERED/THREATENED SPECIES REVIEW:A review of the United States Fish and Wildlife Service (USFWS) website,http://ecos.fws.gov/ipacidentified the following federally-listed species that are known to or believed to occur in Sumner County, Tennessee:
Group
Species
Federal Status
Mammals
Myotis grisescens (Gray Bat)
Endangered
Myotis sodalis (Indiana Bat)
Endangered
Freshwater Mussels
Lampsilis abrupta (Pink Mucket)
Endangered
Flowering Plants
Apios priceana (Price’s Potato Bean)
Threatened
OTHER APPROVALS: A Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination.Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email:ryan.evans@usace.army.mil
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130202, 05130204, 05130205, 05130206",,,,,Ryan Evans,ryan.evans@usace.army.mil,,,,,,,,
2833543,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2833543/public-notice-21-36-lrn-2018-00655/,,lrn,Nashville District,Lewis,-87.44436,35.52835,Public Notice 21-36,Public Notice 21-36; LRN-2018-00655,,,,,,465,,,,"Please address all comments to: Nashville District Corps of Engineers, Western Regulatory Field Office, 2424 Danville Road SW, Suite N, Decatur, AL 35603; Attn: William E. Sinclair (william.e.sinclair@usace.army.mil)
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed discharge of into waters of the U.S. associated with construction of a dam/impoundment in Lewis County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT: Ridge Creek, LLC
7021 Mayflower Circle
Brentwood, Tennessee 37027
LOCATION: The proposed project is located at 1361 Newburg Road, Hohenwald, Lewis County, Tennessee. Waters of the U.S. proposed for impact include 465 linear feet of intermittent streams and 0.09 acre of adjacent wetland, tributaries of Little Swan Creek, Duck River Mile 76.2, Left Bank. The project site may be found on the Gordonsburg, TN 7.5 Minute USGS Quadrangle Map (Latitude 35.52835°; Longitude -87.44436°).
DESCRIPTION: The applicant proposes to construct a 59’ high earthen dam that would create an approximate 11-acre impoundment on private property. The applicant states the purposes of the impoundment is for recreation and fire suppression of 667 acres of timberland within the applicant’s property. The footprint of the dam would result in the permanent discharge of fill into 438 linear feet of intermittent stream and 0.09 acre of adjacent wetland. An additional permanent discharge of riprap into 27 linear feet of intermittent stream would result from the construction of a splash pad where the emergency spillway would discharge into the stream. Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant states that the location and size of the proposed dam was selected to collect enough water to maintain a water quantity to achieve the project purposes.
COMPENSATORY MITIGATION: The applicant proposes to offset the loss of 0.09 acre of wetland through the purchase of 0.18 advanced wetland mitigation credits in the Lower Tennessee River service area from the Tennessee Mitigation Fund. The applicant proposes to offset the loss of 465 linear feet of stream by enhancing 1,008 linear feet of Little Swan Creek by planting trees and shrubs within the riparian buffer and will preserve approximately 5,691 linear feet of onsite streams within the applicant’s property.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website indicates no National Historic Preservation Act (NHPA) listed properties within four miles of the permit area. The National Park Service’s Natchez Trace Parkway and Meriwether Lewis National Monument are located immediately south of the applicant’s property.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the AHC and Native American Tribes.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on November 3, 2021 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
FLOWERING PLANTS: Tennessee Yellow-eyed Grass (Xyris tennesseensis) (E)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
Water Quality Certification from the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
TVA approval is required under Section 26a of the TVA Act for all work that may occur on property that is under TVA control or custody and would be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William Eric Sinclair at the above address, telephone (256) 350-5620, (256) 316-7188, or email at william.e.sinclair@usace.army.mil and Franklin Hill, at Tennessee Valley Authority, jfhill@tva.gov.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone number, or email.
/s/
William Eric Sinclair
Project Manager, West Regulatory Branch
Regulatory Division
Nashville District, U.S. Army Corps of Engineers",,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,,,,,,,
2838827,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2838827/public-notice-21-38-lrn-2021-00918/,,lrn,Nashville District,Sevier,,,Public Notice 21-38,Public Notice 21-38; LRN-2021-00918,,,,,,,,,,"Please address all comments to:
Nashville District Corps of Engineers
East Regulatory Field Office (Attn: Ken M. Jones)
501 Adesa Parkway, Suite 250
Lenoir City, TN 37771, telephone (865) 986-7296
ken.m.jones@usace.army.mil
SUBJECT: Proposed Residential Development in Sevier County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. § 1344). Application (ARAP NRS 21.291) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant 40 CFR Part 121 of the CWA (33 U.S.C. § 1251).
APPLICANT:Sapp Investments, LLC
c/o Jason Sapp
101 West Court Street
Paragould, AR 72450
LOCATION: Streams and wetlands adjacent to Cove Creek; HUC 060101070205 – Waldens Creek Watershed; Latitude N. 35.765925 °, Longitude W. -83.592705 °; 1441 Little Cove Road, Sevierville, Sevier County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to develop a multiple unit residential subdivision on the subject property that will involve deposition of fill material into 0.987 acres of jurisdictional wetlands.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To provide additional residential housing to the area. The residential development will provide approximately 20 single-family housing cabins to the Pigeon Forge area to meet growing housing demand.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to purchase mitigation credits from a U.S Army Corps of Engineers approved Mitigation Bank to offset unavoidable impacts by purchasing credits.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website https://www.nps.gov/subjects/nationalregister/index.htm indicates there are no federally listed historic properties within two miles of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates no presence of federally listed endangered or threatened species in the vicinity of the action area. A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to 40 CFR Part 121 of the CWA (33 U.S.C. § 1251), that applicable water quality standards will not be violated.
Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by Dec 8, 2021, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2020-01164, and be directed to the Regulatory Division, Attention: Ken M. Jones, at the above address or at ken.m.jones@usace.army.mil.
/s/
Eva Zaki-Dellitt
Temporary Chief, East Regulatory Branch
Regulatory Division",60101070,,,,,Ken M Jones,ken.m.jones@usace.army.mil,,,,,,,,
2848696,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2848696/navigation-notice-21-47-kentucky-lock-closed-until-dec-10-2021/,,lrn,Nashville District,,,,Navigation Notice 21-47: Kentucky Lock closed until Dec. 10,"Navigation Notice 21-47: Kentucky Lock closed until Dec. 10, 2021",,,,,,,,,,"Repairs to the damaged miter gates at Kentucky Lock is underway with a non-related closure of the lock for work on the gate machinery. Kentucky Lock will remain closed until Dec. 10, 2021.
Repairs to the damaged miter gates at Kentucky Lock is underway with a non-related closure of the lock for work on the gate machinery. The U.S. Army Corps of Engineers Nashville District had hoped to reopen traffic at the navigation lock from Nov. 14-29 to alleviate the queue at Barkley Lock. The team has determined that it is not safe to operate the miter gates in their current state of repair, making this temporary reopening impossible. Repairs to one of the two damaged gates will be completed during this closure with a follow-up closure pending for the other miter gate. Also, the Tennessee Valley Authority and USACE engineers have determined that operation of the miter gates should cease once the headwater elevation reaches 362 MSL until the water recedes or until both gate leafs are repaired. Kentucky Lock will remain closed until Dec. 10, 2021.",,,,,,,,,,,,,,,
2849572,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2849572/public-notice-21-20a-lrn-2016-00060/,,lrn,Nashville District,,,,Public Notice 21-20A,Public Notice 21-20A; LRN-2016-00060,,,,,,4812,,,,"Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division (Attn: John Price)
501 Adesa Parkway, Suite 250, Lenoir City, Tennessee 37771
(865) 986-7296; john.c.price@usace.army.mil
SUBJECT: This proposed project was previously advertised in Public Notice No. 21-20, dated July 9, 2021. The purpose of this Public Notice Addendum is to inform interested parties that additional waters of the United States may be affected by the project as described in the Project Description below and shown on the enclosed project drawings.
Proposed discharge of fill material into waters of the United States to facilitate widening and improvements on a segment of SR-33 from the Knox County line to just south of SR-144, located in Union County, Tennessee and the Pistol Creek Dam Removal compensatory mitigation site located within the City of Alcoa, in Blount County, Tennessee. TDOT Project Nos. 87001-1251-04(A) and 05946-0614-14. TDOT PINs 101416.00 and 104027.48.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States (U.S.). Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated. The applicant has applied for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street, Suite 900, J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 5.1-mile roadway project begins near the Knox County/Union County line and ends just south of SR-144 (Hickory Star Road). Coordinates of the project beginning and ending are approximately N 36.1703°, W 83.9055° and N 36.2240°, W 83.8481°, respectively. Waters of the U.S. proposed for impact include Bullrun Creek,Raccoon Creek, Suckstone Creek, unnamed tributaries to Raccoon Creek and SuckstoneCreek, and unnamed wetlands. The roadway project is located within Union County, Tennessee, within the Clinch River watershed (HUC-8: 06010207-Lower Clinch). The proposed off-site permittee-responsible compensatory mitigation project, at the Pistol Creek Dam Removal site, is centered at approximate coordinates N35.8151°, W83.9422°. The dam removal project is located in the City of Alcoa, Blount County,Tennessee, within the Little River watershed (HUC8: 06010201-Ft. Loudoun/Watts Bar).
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT), in cooperation with the Federal Highway Administration (FHWA), is proposing to widen SR-33 (Maynardville Highway) at the above-described location in Union County, Tennessee. The project involves widening the roadway from an existing two-lane highway to a five-lane facility along the existing alignment. The typical roadway cross section includes four 12-foot travel lanes (two in each direction), a continuous 12-foot center turn lane, and 12-foot shoulders on both sides. The project scope includes all associated drainage improvements. The estimated time for completing this project is four years.
In order to facilitate the project, the discharge of fill material is proposed within twenty (20) perennial or intermittent streams, ten (10) ephemeral streams, and eighteen (18) wetlands. A total of 4,812 linear feet of streams (0.858 acre) and 1.271 acres of wetlands would be impacted by the proposed discharge of fill material related to the roadway improvements. As part of the project, TDOT proposes to construct a new 3-span bridge over Bull Run Creek. Additionally, the applicant anticipates temporary impacts to wetlands and streams due to the proposed discharge of fill material related to the relocation of various utilities, required as part of the roadway project. Additionally, the proposal includes the discharge of temporary fill material associated with the installation and maintenance of erosion prevention and sediment control (EPSC) measures. A complete set of project drawings for this public notice is located at: https://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the permit application, the purpose of the proposed project is to upgrade this section of SR-33 to improve the traffic flow, correct route deficiencies, and improve the safety of the highway. This highway is an important route that serves the communities of Knoxville, Maynardville, Tazewell, and Sneedville. The proposed project is included in the Knoxville Urban Area Metropolitan Organization’s Long-Range Transportation Plan Update as well as their 2000-2004 Transportation Improvement Program (TIP).
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The applicant examined multiple alternatives to the proposed project, including the No-Build Alternative, two (2) off-site Build Alternatives along new alignments, and one (1) on-site Build Alternative along the existing alignment (the selected alternative). According to the applicant, the selected alternative satisfies the project purpose and need, and was selected as it was found to be the least environmentally damaging practicable alternative.
The proposed project’s roadway alignment has been selected in order to avoid existing environmental features to the greatest extent practicable. Where environmental features are unavoidable, the proposed project has been designed to ensure that impacts to these features have been minimized as much as possible. To minimize impacts to streams and wetlands, roadway side slopes were reduced, while maintaining road safety. Where practicable, span bridges or bottomless culverts have been proposed instead of box culverts; implementing these structure types minimizes the amount of stream channel impact, allows the existing natural channel to flow under the proposed roadway system, and minimizes impacts to fish and aquatic species passage. The proposed replacement span bridge over Bull Run Creek (STR-6) has been designed to minimize impacts within the channel of Bull Run Creek by keeping the piers out of the channel and by limiting the placement of riprap stabilization to part of one bank. The proposed structures at Suckstone Creek (STR-5) and Raccoon Creek (STR-7, Station 589+10) will be extensions of existing bottomless slab bridge culverts, which retain natural substrate stream beds within the structures. The proposed replacement structures at STR-14, STR-19, and STR-20 are to be embedded within the stream channel and backfilled with natural channel materials to allow for fish and aquatic species passage. Any riprap channel protection placed within the stream channels at the inlet or outlet of culverts would be placed to mimic the existing contours of the stream channel to prevent stream loss within riprap areas.
To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. Only 50 acres of land disturbance are proposed at any time, and all in-channel construction activities would be completed in the dry and separated from flowing water by using temporary cofferdams, cribs, or stream diversions as appropriate. Erosion Prevention and Sediment Control (EPSC) best management practices (BMPs) are to be installed and maintained during roadway construction to reduce the likelihood of erosion and migration of sediment from the project site into adjacent environmental features. High visibility fencing would be installed during construction to ensure that only authorized impacts to waters of the U.S. occur.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 3,059 linear feet of streams, the applicant proposes to offset 1,214.9 stream functional feet via a combination of on-site permittee-responsible compensatory mitigation and offsite permittee-responsible compensatory mitigation. The proposed on-site permittee-responsible compensatory mitigation is located on STR-1 and STR-7, located within the limits of the highway project. The proposed “SR-33 Compensatory Mitigation Plan” includes the in-kind replacement of an unnamed tributary to Suckstone Creek (STR-1) and of Raccoon Creek (STR-7), totaling 721.66 linear feet of constructed stream channel, projected to generate a total of 58.43 stream functional feet of lift. The total protected area associated with the mitigation project, including vegetative stream buffers, would total approximately 0.7 acre, and would be protected into perpetuity. The existing streams have been historically altered by agricultural land use, prior highway construction, and management of the highway right-of-way, which have left the streams in a degraded state. The mitigation project goals and objectives propose to address the impairments to the project streams, restoring streams to a more natural and sustainable condition. Restoration activities would include channel realignment and reshaping, placement of in channel log and boulder structures, corrective floodplain design, streambank stabilization, and native vegetation plantings.
The proposed off-site permittee-responsible compensatory mitigation is located on Pistol Creek in the City of Alcoa, in Blount County. The proposed “Stream Mitigation Plan, PIN 104027.48, Pistol Creek Dam Removal” includes the removal of an existing low-head dam and restoration of a natural flow regime to the approximately 1.8-mile backwater area. The circa 1900 concrete gravity dam is located on Pistol Creek approximately 2,000 feet upstream of its confluence with the Little River, and near the intersection of Williams Mill Road and Alcoa Trail. The proposed activities include removal of the concrete dam structure in four stages, as well as construction of bed and bank grade control structures to minimize erosion and in-stream scour. The dam removal will result in enhanced sediment and nutrient transportation and cycling processes, improvement in floodplain connectivity, and removal of a barrier to the upstream and downstream movements of fish and other aquatic life. The restoration efforts are expected to improve stream functional conditions, water quality, and aquatic species habitat. The USACE is currently reviewing both of the applicant’s permittee-responsible compensatory mitigation plans.
To compensate for unavoidable permanent impacts to 1.271 acres of wetlands, the applicant proposes debiting, at a 2:1 ratio, 2.54 advanced wetland mitigation credits from the Tennessee Wildlife Federation’s Tennessee Mitigation Fund (TMF) in-lieu fee (ILF) Program. The proposed wetland mitigation credits would be obtained from the program’s Upper Tennessee River Service Area.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for complying with Section 106 of the National Historic Preservation Act (NHPA).TDOT completed a historical/architectural assessment for the roadway improvements project (PIN 101416.00) in December 1999 and a subsequent assessment update in December 2015. These assessments were submitted to the State Historic Preservation Office (SHPO). By letters dated January 18, 2000 and December 30, 2015, the SHPO stated “Considering the information provided, we find that the area of potential effects contains no architectural resources eligible for listing in the National Register of Historic Places affected by this undertaking.”
A Phase I archaeological survey of the roadway improvements project (PIN 101416.00) was completed in 1999 and the draft report was submitted to the SHPO via letter dated August 25, 1999. By letter dated August 30, 1999, the SHPO stated “Based on the information provided, we find that the project area contains no archaeological resources eligible for listing in the National Register of Historic Places.” After reviewing the updated Right-of-Way plans, on October 7, 2020, the TDOT Archaeologist indicated “Based on the information provided, the SHPO clearance letter for archaeology dated8/30/1999 remains valid for this project.”
Historic/architectural assessments and subsequent addendums were completed by TDOT for the Pistol Creek dam removal project (PIN 104027.48) and submitted to the SHPO via letters dated May 13, 2019, November 5, 2019, and September 1, 2020. By letter dated September 3, 2020, the SHPO stated “Considering the information provided, we find that no architectural resources eligible for listing in the National Register of Historic Places will be affected by this undertaking.” The SHPO provided concurrence with the earlier coordination via letters dated May 17, 2019 and November 13, 2019.
A Phase I archaeological assessment and subsequent addendums were completed for the Pistol Creek dam removal project (PIN 104027.48) and transmitted to the SHPO by letters dated June 7, 2019, January 8, 2020, and November 9, 2020. By letters dated June 12, 2019, January 10, 2020, and November 9, 2020, the SHPO stated “Considering the information provided, we find that no archaeological resources eligible for listing in the National Register of Historic Places will be affected by this undertaking.”
USACE invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If USACE/TDOT determines that consultation is required, USACE/TDOT would consult with the Tennessee Historic Commission (SHPO) and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead agency for conducting environmental review under Section 7 of the Endangered Species Act (ESA). TDOT completed an ESA records review of the roadway improvements project (PIN101416.00) and the Pistol Creek dam removal project (PIN 104027.48), by searching the TDEC Division of Natural Areas, Endangered Species Database, on multiple dates, most recently on May 4, 2021. Additionally, the applicant conducted ESA field reviews in May 2019 and January 2020. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. There is no critical habitat designated within the project area. Listed species potentially located within a four-mile radius of the project sites include:
Species Nomenclature
Federal Status
Fishes
Snail darter (Percina tanasi)
Threatened
Marbled darter (Etheostoma marmorpinnum) 1
Endangered
Mussels
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
1 implied status based on the Duskytail darter (E. percnurum) 5-Year Review (USFWS 2012)
The above-described ESA documentation was provided to the U.S. Fish and Wildlife Service (USFWS) for consultation. In order to determine the presence of bats, a mist netting survey was performed between June 28 and July 30, 2018, at seven sites along the roadway project corridor. Efforts resulted in the capture of 12 bats, including three federally endangered gray bats, and the survey information was provided to the USFWS. On October 26, 2018, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long-eared bat based on the negative survey results. Due to the distance from occurrence records and no known caves within the project area, the USFWS further indicated that best management practices should be sufficient to minimize potential for harm to the gray bat. Due to the time that had passed, by letter to the USFWS dated November 1, 2019, TDOT requested re-coordination of the project. By letter dated November 22, 2019, the USFWS restated their concurrences stated above and indicated that the 2018 bat survey will be valid until April 1, 2024. The USFWS also wrote “We are not aware of any other federally listed or proposed species that could be impacted by the project. Therefore, based on the best information available at this time, we believe that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.” Based on the 2018 Range-Wide Indiana Bat Survey Guidelines, TDOT re-coordinated with the USFWS on multiple projects via a letter on February 26, 2019. On February 27, 2019, the UFWS responded “In light of the fact that each of the surveys were negative for the presence of Indiana bat and northern long-eared bat, we concurred with TDOT’s determinations of “not likely to adversely affect” at that time and provided our project section 7 clearance. As per the 2018 referenced guidance, each of these bat surveys is now valid until April 1, 2022, and our corresponding project section 7 clearances are still in effect.”
Due to the proximity of occurrence records in the Little River approximately 0.37 mile downstream of the proposed Pistol Creek dam removal project, TDOT prepared a Biological Assessment (BA) for the marbled darter, finerayed pigtoe, and snail darter. On September 10, 2019, TDOT transmitted a copy of the BA to the USFWS and indicated their determination that the removal of the dam “may affect, but is not likely to adversely affect” these three species based on unsuitable habitat conditions and negative survey results in Pistol Creek. By letter dated September 27, 2019, the USFWS indicated “Due to negative mussel survey results in Pistol Creek and the impounded conditions throughout the project area, we concur with TDOT’s findings of “may affect, is not likely to adversely affect” for the marbled darter, fine-rayed pigtoe, and snail darter. We are unaware of any federally listed or proposed species that would be impacted by the project. Therefore, based on the best information available at this time, we believe that the requirements of section 7 of the Endangered Species Act (Act) of 1973, as amended, are fulfilled for all species that currently receive protection under the Act.”
OTHER APPROVALS: Before a permit may be issued, water quality certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 15 days from the date of this notice will become a part of the administrative record and will be considered in the determination. Any response to this notice should be directed to John Price, Nashville District Corps of Engineers, Regulatory Division, at the above address, at 865356-6599, or via email: john.c.price@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010201, 06010207",,,,,John C Price,john.c.price@usace.army.mil,,,,,,,,
2857986,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2857986/navigation-notice-21-48-temporary-buoys-being-placed-at-cumberland-river-miles/,,lrn,Nashville District,,,,Thomas & Hutton Engineering is placing a series of temporary buoys around Cumberland River miles 189-190 between the I-65 Bridge and the Jefferson Street Bridge beginning Friday,Navigation Notice 21-48: Temporary buoys being placed at Cumberland River miles 189-190,,,,,,,,,,"Thomas & Hutton Engineering is placing a series of temporary buoys around Cumberland River miles 189-190 between the I-65 Bridge and the Jefferson Street Bridge beginning Friday, Dec. 3, 2021.
Thomas & Hutton Engineering is placing a series of temporary buoys around Cumberland River miles 189-190 between the I-65 Bridge and the Jefferson Street Bridge beginning Friday, Dec. 3, 2021. There are a total of eight buoys placed on both sides of the river - three on left descending bank, and five on right descending bank. They are 20-inch red round buoys with reflective tape that will be anchored to the river bed using cinderblocks. These buoys will be in place for approximately one month and will be removed in early January 2022. For more information, call Chad Grass at 912-429-8349 or e-mail at grass.c@tandh.com.",,,,,,,,,,,,,,,
2858601,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2858601/navigation-notice-21-49-maintenance-team-replacing-buoys-at-cumberland-river-mi/,,lrn,Nashville District,,,,The Nashville District's Maintenance Support Team is replacing three buoys on the Cumberland River at mile 21.0 Tuesday,Navigation Notice 21-49: Maintenance team replacing buoys at Cumberland River mile 21.0,,,,,,,,,,"The Nashville District's Maintenance Support Team is replacing three buoys on the Cumberland River at mile 21.0 Tuesday, Dec. 14, 2021.
The Nashville District's Maintenance Support Team is replacing three buoys on the Cumberland River at mile 21.0 Tuesday, Dec. 14, 2021. Work is expected to take one day, but could be extended an additional day. For more info, call Barkley Lock at 270-362-4222.",,,,,,,,,,,,,,,
2859224,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2859224/navigation-notice-21-50-barkley-lock-closing-during-daylight-hours-jan-15-30-20/,,lrn,Nashville District,,,,Barkley Lock on the Cumberland River in Grand Rivers,"Navigation Notice 21-50: Barkley Lock closing during daylight hours Jan. 15-30, 2022",,,,,,,,,,"Barkley Lock on the Cumberland River in Grand Rivers, Kentucky, is closing during daylight hours, 6 a.m. to 6 p.m., Jan. 15-30, 2022, for FGS to conduct maintenance and inspections on the bio-acoustic fish fence (BAFF).
Barkley Lock on the Cumberland River in Grand Rivers, Kentucky, is closing during daylight hours, 6 a.m. to 6 p.m., Jan. 15-30, 2022, for FGS to conduct maintenance and inspections on the bio-acoustic fish fence (BAFF). Call Barkley Lock at 270-362-4222 for more information.",,,,,,,,,,,,,,,
2873986,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2873986/public-notice-21-35-lrn-2017-00832/,,lrn,Nashville District,Davidson,,,Public Notice 21-35,Public Notice 21-35; LRN-2017-00832,,,,,,466,,,,"Please address comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Ben MacIntyre)
3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed discharge of fill material for a commercial development in Antioch, Davidson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1)(1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Century Farms, LLC
C/O Mr. David Young
3841 Green Hills Village Drive
Nashville, Tennessee 37215
LOCATION: Near the intersection of Old Franklin Road and Cane Ridge Parkway in Antioch, Davidson County, Tennessee (Latitude 36.032259°, Longitude - 86.642222°)
DESCRIPTION: The applicant proposes to construct three office buildings with retail space and a parking garage within the area known as Area 12. The proposed project would accommodate the development of a mixed-use office and retail complex with visibility to Interstate 24, internal connectivity among Area 12 buildings and parking facilities and effective connectivity to other existing phases of the Century Farms development. All fill material will be borrowed from the Century Farms development that is currently under construction northwest of Area 12. The proposed impacts associated with the project are summarized as follows:
Resource ID:
Impact - feet
Impact - acres
Impact Type
Mitigation Required?
Watercourse 4
466
0.05
Permanent Fill; Building A3, parking garage, roads and sidewalks
Yes
Wetland A
0.28
Permanent Fill; Roads, sidewalks, water feature, greenspace
Yes
Totals
466
0.33
Impacts to waters associated with existing phases of Century Farms total 3,308 liner feet of permanent stream impact and 0.256 acre of wetland impact. Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to provide three mixed-use office and retail buildings with parking facilities with connectivity to other existing phases of the Century Farms development and visibility to Interstate 24.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant performed an alternatives analysis for the project including review of no action, three onsite and two offsite design alternatives. A combination of minimum site size, an increase of impacts to the waters, impacts to the federally endangered Nashville Crayfish (Orconectes shoupi), visibility and accessibility place alternate sites at an insurmountable disadvantage within investment criteria for the Metro Nashville market. An alternate building layout for the site results in inadequate space to justify land and development costs for regional commercial development. The application states that due to the topography of the site and grades of existing development, avoidance of aquatic features is impracticable. Erosion Prevention and Sediment Controls and Best Management Practices are to be installed prior to the construction and maintained during construction to reduce the likelihood of erosion and migration of sediment from the project site into downstream environmental features.
COMPENSATORY MITIGATION: The applicant proposes to provide compensatory mitigation by purchasing 154.2 stream credits from the Setters Ridge Stream Mitigation Bank and paid a deposit to reserve 98.4 credits from the Mule Train Stream Mitigation Bank for the permanent fill of 466 linear feet of stream.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may berelevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. The Corps Regulatory Division will consider any comments received prior to a final decision concerning the authorization of the project, i.e., the issuance, modification, or denial of the requested DA permit. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: A Phase I Archaeological Survey has been conducted for the site and Corps internal review is ongoing. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. USACE would evaluate any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following five federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/Scientific Name
Status
Crustacean
Nashville Crayfish (Orconectes shoupi)
Endangered
Mammal
Indiana bat (Myotis sodalis)
Endangered
Mammal
Gray bat (Myotis grisescens)
Endangered
Mammal
Northern Long-Eared Bat
(Myotis septentrionalis)
Threatened
Flowering Plants
Braun’s Rock-Cress (Arabis perstellata)
Endangered
Flowering Plants
Guthrie’s Ground-Plum (Astragalus bibullatus)
Endangered
Flowering Plants
Leafy Prairie-Clover (Dalea foliosa)
Endangered
Flowering Plants
Prices Potato-Bean (Apios priceana)
Threatened
Flowering Plants
Short’s Bladderpod (Physaria globosa)
Endangered
A survey conducted on September 10, 2021 did not reveal the presence of the Nashville Crayfish or suitable habitat. The closest documented occurrence of the Nashville Crayfish is 1.1 miles downstream in Collins Creek near the Hickory Hollow Parkway crossing. Several seasonally dry reaches of Watercourse-4 and a detention basin downstream from the proposed project area severs the upstream migration of the Nashville Crayfish to the proposed project area. No designated critical habitat was identified in the vicinity of the project. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: Before a permit may be issued, a water quality certification must be provided by TDEC pursuant to Section 401(a)(1) of the CWA (33U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by January 15, 2022, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-00832, and be directed to theRegulatory Division, Attn: Ben MacIntyre, at the above address, or at Benjamin.W.MacIntyre@usace.army.mil.
\s\
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Benjamin W Macintyre,Benjamin.W.MacIntyre@usace.army.mil,,,,,,,,
2875060,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2875060/public-notice-21-38-lrn-2004-01997/,,lrn,Nashville District,Williamson,-86.8073,3.99699,Public Notice 21-38,Public Notice 21-38; LRN-2004-01997,,,,,,,,,,"Please address comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Ben MacIntyre)
3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed discharge of fill material for a residential development in Brentwood, Williamson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1)(1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Grove Park Construction, LLC
C/O Mr. Caldwell Lucas
P.O. Box 2966
Brentwood, Tennessee 37024
LOCATION: Southwest of the intersection of Franklin Road and Concord Road in Brentwood, Williamson County, Tennessee (Latitude 3.99699°, Longitude -86.80730°)
DESCRIPTION: The applicant proposes to construct a residential development with twenty single-family lots. All fill material will be borrowed from the proposed development site and no offsite fill material will be used. All aquatic features are proposed to be permanently filled in association with the development. The proposed impacts associated with the project are summarized as follows:
Resource ID
Impact - Feet
Impact - Acres
Impact Type
Mitigation Required?
Watercourse-1a
400
Complete Permanent Fill; Open space, lots 4, 5 & 6.
Yes
Watercourse-1b
1,350
Complete Permanent Fill; Open space, Anna Drive, McCall Court, lots 5, 11 & 20.
Yes
Wetland A
1.94
Complete Permanent Fill; Open space, Anna Drive, McCall Court, proposed stream relocation and lots 4, 5, 6, 10, 11, 20.
Yes
Wetland B
1.49
Complete Permanent Fill; Open space, lots 7, 8, 9, 12 & 13.
Yes
Wetland C
0.77
Complete Permanent Fill; Open space, McCall Court, lots 14-17 and a detention pond.
Yes
Pond 1
0.55
Permanent Fill; Open space, lots 16 & 17 and a detention pond.
Yes
Totals
1,750
4.75
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The applicant states the purpose of the proposed project would help meet the demand for housing in the Brentwood, Tennessee area.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant performed an alternatives analysis for the project including the review of no action, two onsite and three offsite design alternatives. The applicant states that his preferred alternative is the least damaging practicable alternative. The preferred alternative allows for the development of 20 single family lot with avoidance of impacts to Watercourse 2 and part of Watercourse 1b. The property owners of the three offsite alternatives were not interested in selling their property when the applicant approached them. One of the offsite alternatives has potential to impact the federally endangered Leafy Prairie Clover (Dalea foliosa). Erosion Prevention and Sediment Controls and Best Management Practices are to be installed prior to the construction and maintained during construction to reduce the likelihood of erosion and migration of sediment from the project site into downstream environmental features.
COMPENSATORY MITIGATION: The applicant proposes to purchase wetland mitigation credits from Sandhill Wetland Mitigation Bank to offset the impacts to Wetlands. The applicant proposes a stream relocation around the northern section of the property along Concord Road to offset impacts to Watercourse-1a and 1b.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. The Corps Regulatory Division will consider any comments received prior to a final decision concerning the authorization of the project, i.e., the issuance, modification, or denial of the requested DA permit. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: A Phase I Archaeological Survey has been conducted for the site and Corps internal review is ongoing. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. USACE would evaluate any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following five federally-listed Threatened (T)and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Species
Status
Freshwater Mussels
Tan Riffleshell (Epioblasma Florentina walkeri)
Endangered
Mammal
Indiana bat (Myotis sodalis)
Endangered
Mammal
Gray bat (Myotis grisescens)
Endangered
Mammal
Northern Long-Eared Bat(Myotis septentrionalis)
Threatened
Flowering Plant
Leafy Prairie-Clover (Dalea foliosa)
Endangered
Flowering Plant
Prices Potato-Bean (Apios priceana)
Threatened
No designated critical habitat was identified in the vicinity of the project. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: Before a permit may be issued, a water quality certification must be provided by TDEC pursuant to Section 401(a)(1) of the CWA (33U.S.C. 1341), that applicable water quality standards will not be violated. Other federal, state and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by January 15, 2022, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2004-01997, and be directed to the Regulatory Division, Attn: Ben MacIntyre, at the above address, or at Benjamin.W.MacIntyre@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Benjamin W Macintyre,Benjamin.W.MacIntyre@usace.army.mil,,,,,,,,
2886100,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2886100/navigation-notice-21-51-wilson-lock-closing-jan-11-12-2022/,,lrn,Nashville District,,,,Wilson Lock on the Tennessee River in Florence,"Navigation Notice 21-51: Wilson Lock closing Jan. 11-12, 2022",,,,,,,,,,"Wilson Lock on the Tennessee River in Florence, Alabama, is closing 7 a.m. Jan. 11 through 10 a.m. Jan. 12 to inspect the seal on the upper lift gate prior to the dewatering.
Wilson Lock on the Tennessee River in Florence, Alabama, is closing 7 a.m. Jan. 11 through 10 a.m. Jan. 12 to inspect the seal on the upper lift gate prior to the dewatering. The auxiliary lock is not available during this closure. For more information call the lock at 256-764-5223.",,,,,,,,,,,,,,,
2891687,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2891687/special-public-notice-22-01-lrn-2020-00855/,,lrn,Nashville District,,,,"Please send all comments and questions to:
Aric Payne",Special Public Notice 22-01: LRN-2020-00855,,,,,,,,,,"Please send all comments and questions to:
Aric Payne, U.S. Army Corps of Engineers, Nashville District
3701 Bell Road, Nashville, TN 37204
423-394-5102; aric.j.payne@usace.army.mil
PUBLIC NOTICE FOR FEDERAL REGISTER NOTICE
ANNOUNCING THE REISSUANCE OF THE NATIONWIDE PERMITS
On December 27, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 73522) announcing the reissuance of 40 existing nationwide permits (NWPs) and one new NWP. These 41 NWPs will go into effect on February 25, 2022, and they will expire on March 14, 2026:
NWP 1 – Aids to Navigation
NWP 2 – Structures in Artificial Canals
NWP 3 – Maintenance
NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
NWP 5 – Scientific Measurement Devices
NWP 6 – Survey Activities
NWP 7 – Outfall Structures and Associated Intake Structures
NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
NWP 9 – Structures in Fleeting and Anchorage Areas
NWP 10 – Mooring Buoys
NWP 11 – Temporary Recreational Structures
NWP 13 – Bank Stabilization
NWP 14 – Linear Transportation Projects
NWP 15 – U.S. Coast Guard Approved Bridges
NWP 16 – Return Water From Upland Contained Disposal Areas
NWP 17 – Hydropower Projects
NWP 18 – Minor Discharges
NWP 19 – Minor Dredging
NWP 20 – Response Operations for Oil or Hazardous Substances
NWP 22 – Removal of Vessels
NWP 23 – Approved Categorical Exclusions
NWP 24 – Indian Tribe or State Administered Section 404 Programs
NWP 25 – Structural Discharges
NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
NWP 28 – Modifications of Existing Marinas
NWP 30 – Moist Soil Management for Wildlife
NWP 31 – Maintenance of Existing Flood Control Facilities
NWP 32 – Completed Enforcement Actions
NWP 33 – Temporary Construction, Access, and Dewatering
NWP 34 – Cranberry Production Activities
NWP 35 – Maintenance Dredging of Existing Basins
NWP 36 – Boat Ramps
NWP 37 – Emergency Watershed Protection and Rehabilitation
NWP 38 – Cleanup of Hazardous and Toxic Waste
NWP 41 – Reshaping Existing Drainage Ditches
NWP 45 – Repair of Uplands Damaged by Discrete Events
NWP 46 – Discharges in Ditches
NWP 49 – Coal Remining Activities
NWP 53 – Removal of Low-Head Dams
NWP 54 – Living Shorelines
NWP 59 – Water Reclamation and Reuse Facilities
The new NWP 59 authorizes discharges of dredged or fill material into waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities.The Corps has also issued final decision documents for these new and reissuedNWPs. These final decision documents are available at www.regulations.gov at docket number COE-2020-0002.
The 40 existing NWPs published in the December 27, 2021, final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 45, 46, 49, 53, and 54 expire on February 24, 2022.
The NWP general conditions and definitions that were issued in the final rule that was published in the January 13, 2021, issue of the Federal Register (86 FR 2744) apply to the 40 reissued NWPs and the new NWP 59 that were published in the Federal Register on December 27, 2021.
With the publication of this Federal Register notice, Corps divisions will begin finalizing regional conditions for these 41 NWPs. Division Engineers will prepare supplemental documentation to address decisions concerning the addition of regional conditions to the 41 NWPs. Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities that have no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the State of Tennessee.
Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and EPA for the issuance of these 41 NWPs become regional conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these 41 NWPs become regional conditions of these NWPs. Water quality certification and Coastal Zone Management Act consistency regional conditions will be announced in a future public notice issued by the Nashville and Memphis Districts.
The December 27, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits
The January 13, 2021, Federal Register notice is available for viewing at: https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits
As an alternative, interested parties can access the December 27, 2021, and January 13, 2021, final rules and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
Questions concerning implementation of the NWPs and associated Regional Conditions should be sent to Mr. Aric Payne at aric.j.payne@usace.army.mil.",,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
2893792,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2893792/navigation-notice-lrn-21-52-kentucky-lock-closed-jan-31-feb-24-2022/,,lrn,Nashville District,,,,Kentucky Lock on the Tennessee River mile 22.4 in Grand Rivers,"Navigation Notice LRN 21-52: Kentucky Lock closed Jan. 31 - Feb. 24, 2022",,,,,,,,,,"Kentucky Lock on the Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing for major maintenance 6 a.m. Jan. 31, to 6 p.m. Feb. 24, 2022.
Kentucky Lock on the Tennessee River mile 22.4 in Grand Rivers, Kentucky, is closing for major maintenance 6 a.m. Jan. 31, to 6 p.m. Feb. 24, 2022.
Until repairs are made, lock operations will cease if/when the headwater reaches elevation 362 mean sea level. Call the lock at 270-362-4226 for more information.",,,,,,,,,,,,,,,
2906863,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2906863/navigation-notice-lrn-22-01-wilson-main-lock-closure-tennessee-river-mile-2594/,,lrn,Nashville District,,,,Wilson Main Lock Chamber will be closed for maintenance starting at 6:00 a.m. CST on Wednesday,Navigation Notice LRN 22-01: Wilson Main Lock Closure Tennessee River Mile 259.4,,,,,,,,,,"Wilson Main Lock Chamber will be closed for maintenance starting at 6:00 a.m. CST on Wednesday, February 23.
Wilson Main Lock Chamber at Tennessee River mile 259.4 in Florence, Alabama, is closing for maintenance starting at 6 a.m. CST Wednesday, Feb. 23, 2022. The lock will be temporarily opened to traffic from 12:01 a.m. CDT Friday, March 18 until 6a.m. CDT Thursday, March 24. Current lock restrictions per previously issued NTNI 21-33 will be in effect during the temporary opening. The lock will close 6a.m. Thursday, March 24. The lock will remain closed until 6p.m. CDT Friday, April 29. Work at the main chamber includes repairs to the upper lift gate, the lower miter gate, and the operation components of the culvert valves.
During the entire maintenance period, the Wilson Auxiliary Lock will be placed in operation and be available to transit all traffic. This lock will be operated 24 hours each day. During the temporary operation period of the Main Lock, March 18 – 24, the Auxiliary Lock will remain in operating status to transit smaller tows (chemical tows and those with 6 or fewer barges), to allow larger tows priority at the Main Lock. For more information contact Wilson Lock at 256-764-5223.",,,,,,,,,,,,,,,
2912971,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2912971/public-notice-22-02-lrn-2021-01046/,,lrn,Nashville District,Stewart,,,Public Notice 22-02,Public Notice 22-02; LRN-2021-01046,,,,,,,,,,"Please address comments to: Nashville District Corps of Engineers
Regulatory Division, 3701 Bell Road, Nashville, TN 37214-2660
ATTN: Katie Alston (Katherine.c.alston@usace.army.mil; 615-369-7521
SUBJECT: This notice announces a prospectus has been submitted for the development of the Hayes Fork Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Westervelt Ecological Services, LLC.
Tennessee District
220 Bridge Street
Franklin, Tennessee 37064
LOCATION: The proposed Hayes Fork Wetland Mitigation Bank (HFWMB) comprises approximately 19.6 acres of an approximate 118.8-acre area located 1.5 miles southwest of Bumpus Mills in Stewart County, Tennessee (Figure 1). This site is located within the Western Highland Rim Level IV Ecoregion of the Interior Plateau.
PURPOSE: The HFWMB proposes to provide compensatory wetland mitigation for permitted impacts within the primary geographic service area of the Lower Cumberland (HUC-8:05130205) and the secondary service areas of Harpeth River (HUC-8: 05130204) and Lower Cumberland – Sycamore (HUC-8: 05130202).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (Corps). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the Corps.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable State of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: HFWMB proposes to re-establish and enhance 19.6 acres of floodplain wetlands by removing a pond dam impeding flow of a natural spring, reconnecting the wetland area with Hayes Fork, and replanting the site with native wetland vegetation (see table 1 below for proposed credit generation and mitigation approaches). As depicted in Exhibit 3, HFWMB would share the proposed site with two (2) restoration stream projects.
Table 1. Proposed Mitigation Approaches for HFWMB
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, the Corps cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps will consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project (Table 2):
Table 2. Potential Endangered and Threatened Species in the Proposed Project
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat / Myotis sodalis
Endangered
Mammal
Northern Long-eared Bat / Myotis septentrionalis
Threatened
Clam
Rabbitsfoot/ Quadrula cylindrica cylindrica
Threatened
Insect
Monarch Butterfly / Danaus plexippus
Candidate
Plant
Prices Potato-bean / Apios priceana
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
EVALUATION:After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by DA permits. That determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
REQUEST FOR PUBLIC HEARING:Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office by February 24, 2022 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katie Alston at the above address or by email: katherine.c.alston@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Nashville District","05130202, 05130204, 05130205",,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
2922809,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2922809/navigation-notice-22-02-repairs-on-rj-corman-railroad-bridge-cumberland-river-m/,,lrn,Nashville District,,,,,Navigation Notice 22-02: Repairs on RJ Corman Railroad Bridge Cumberland River Mile 126.6,,,,,,,,,,"Contractors are working on the RJ Corman Railroad Bridge on the LDB at Cumberland River Mile 126.5.
Contractors are working on the RJ Corman Railroad Bridge on the LDB at Cumberland River Mile 126.5. The work area includes a turbidity curtain in the water which is intended to be pulled against the bank, notextendinto the navigation channel. It will be adjusted closer to the bank, as the project progresses based on weather and water conditions, with the goal of having itas close to the riprap as possible. The driving of sheet pile is scheduled to conclude by February 10th, 2022 based on rain and river conditions. After this, the riprap will be removed and replaced with a concrete pad by March 1st, 2022. At this time, it is anticipatedthis will conclude the shoreline operations of the bridge pier repair.
POC for this notice is: Kevin Walker; CSR; 615-247-5384",,,,,,,,,,,,,,,
2925798,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2925798/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,DeKalb,,,The U.S. Army Corps of Engineers,"DRAFT Environmental Assessment and unsigned Finding of No Significant Impact for the proposed replacement of the spillway tainter gates and implementation of a risk reduction measure of Center Hill Dam in DeKalb County, Tennessee",,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Center Hill Dam in DeKalb County, Tennessee (enclosed map). The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates and lifting equipment and implementation of a risk reduction measure. The Corps of Engineers seeks public comment until March 10, 2022.
The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Center Hill Dam in DeKalb County, Tennessee (enclosed map). The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates and lifting equipment and implementation of a risk reduction measure.
The EA evaluates both the No Action Alternative and the Proposed Action Alternative (PAA). The PAA is the tentatively selected plan and appears to not cause significant adverse effects on the quality of the human environment; therefore, preparation of an Environmental Impact Statement would not be required. The considered alternatives are as follows:
• No Action Alternative: Repair/Replace spillway gates as they fail within the constraints of normal operation and maintenance timing and budget.
• Proposed Action Alternative – Replace Spillway Gates: Replace all eight spillway gates at Center Hill Dam over four years at the anticipated rate of up to two gates per year. It would be anticipated that up to three gates would be inoperable year-round with only one gate bay open at a time and only during the gate replacement window of June to November. The following would be included in replacing the gates:
1. Remove existing gates and replace with similar gates. New member sizes would be slightly larger.
2. Remove existing lifting machinery and replace machinery base with equipment layout similar to that of the existing equipment. New lifting equipment would be stronger to raise the new heavier gates. In addition, the chain lifting system would be replaced with rope hoist system and the electric layout would be modified to accommodate the new equipment.
3. Use of an existing disturbed area adjacent to the Auxiliary Dam on the right descending bank of Center Hill Dam for a construction laydown/staging area.
4. Remove trees along an existing launch ramp, modification of the existing launch ramp to facilitate launching heavier equipment; tree removal would be minimal, and the vegetation would be mulched not burned.
5. Install temporary work platforms on top of the dam, associated work includes drilling anchor holes and epoxying anchors into concrete.
6. Implement lead abatement measures related to the partial removal of existing gate components
7. Use of a floating plant (work barge) with crane.
8. Restrict traffic on Cove Hollow Road (Highway 96) to one lane for the duration of each construction season (approximately 5 months) and occasional full closure up to 24 hours, not on the weekends.
9. Follow the Optimum Curve within the Southeastern Power Administration (SEPA) Power Marketing Band, as described below to reduce risk during construction.
The EA evaluates environmental effects of the PAA and the no action alternative under the following categories: Recreation, Scenic Resources, and Noise; Water Quality and Aquatic Resources; Flood Risk Management; Climate and Physiography; Terrestrial Resources; Federally Listed Species; Cultural Resources; Hazardous; Toxic; and Radioactive Waste; Health and Safety; Socioeconomics; and Air Quality.
This letter serves as a Notice of Availability for reviewing the draft EA and unsigned FONSI. The draft EA is prepared pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321-4370h), Council on Environmental Quality Regulations (40 C.F.R. §§ 1500-1508), and the Corps' implementing regulation, ER 200-2-2, 1988 (33 C.F.R. § 230), Policies and Procedures for Implementing NEPA. Electronic copies of the documents can be found at: https://www.lrn.usace.army.mil/Media/Public-Notices/Category/10561/project-planning-branch/.
We request comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than thirty calendar days from the date of this letter to ensure consideration in the final EA. If you are unable to access an email account, you may send written comments to the address listed on the letterhead, ATTN: CELRN-PMP (Chip Hall). Your participation is greatly appreciated. For additional information regarding the proposed project, please contact Chip Hall at 615-736-7666.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
2925850,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2925850/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,Russell,,,The U.S. Army Corps of Engineers,"DRAFT Environmental Assessment and unsigned Finding of No Significant Impact for the proposed replacement of the spillway tainter gates and implementation of a risk reduction measure of Wolf Creek Dam in Russell County, Kentucky",,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky. The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates and implementation of a risk reduction measure. The Corps of Engineers seeks public comments. The deadline is March 10, 2022.
The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed work at Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky. The purpose of the EA is to evaluate potential effects of the proposed replacement of the spillway tainter gates and implementation of a risk reduction measure.
The EA evaluates both the No Action Alternative and the Proposed Action Alternative (PAA). The PAA is the tentatively selected plan and appears to not cause significant adverse effects on the quality of the human environment; therefore, preparation of an Environmental Impact Statement would not be required. The considered alternatives are as follows:
• No Action Alternative: Repair/Replace spillway gates as they fail within the constraints of normal operation and maintenance timing and budget.
• Proposed Action Alternative – Replace Spillway Gates: Replace all 10 spillway gates at Wolf Creek Dam. Construction would likely occur at the anticipated rate of up to two gates per year. It would be anticipated that up to three gates would be inoperable year-round with only one gate bay open at a time and only during the gate replacement window of June to November. The following would be included in replacing the gates:
1. Replace lifting machinery to include removing existing lifting machinery and replacing machinery base with equipment layout like that of the existing equipment, replacing chain lifting system with rope hoist system, and modifying electric layout to accommodate new equipment.
2. Use of an existing parking lot on the right descending bank near the dam (overflow lot at Halcomb’s Landing) for a construction laydown/staging area and use of the older launch ramp. The overflow lot and auxiliary launching ramp would be unavailable to the public Monday through Thursday from approximately January 2024 until the completion of the project. It would also be available to the public Friday through Sunday and for major summer holidays such as Independence Day, Memorial Day, Juneteenth, and Labor Day. The contractor would not have access to the main paved parking lot, main entrance, or main launching ramp. Areas of water closest to the dam would also be marked for contractor water activities such as launching and mooring of barges, boats, and other equipment. The contractor would not be able to use the water area closest to the launching ramp on weekends when the auxiliary launching ramp would be open to the public.
3. Install temporary work platforms on top of dam, associated work includes drilling anchor holes and epoxying anchors into concrete.
4. Implement lead abatement measures related to the partial removal of existing gate components.
5. Use of a floating plant (work barge) with crane.
6. Install trunnion access ladders to downstream side of piers to include cutting a hole in the downstream face of the piers, mount ladder on downstream face, and install safety rails on downstream landing near trunnions.
7. Restrict traffic on Highway 127 to one lane for the duration of construction and occasional full closure for less than 8 hours, not on the weekends.
8. Follow the Optimum Curve within the Southeastern Power Administration (SEPA) Power Marketing Band.
The EA evaluates environmental effects of the PAA and the No Action Alternative under the following categories: Recreation, Scenic Resources, and Noise; Water Quality and Aquatic Resources; Flood Risk Management; Climate and Physiography; Terrestrial Resources; Federally Listed Species; Cultural Resources; Hazardous; Toxic; and Radioactive Waste; Health and Safety; Socioeconomics; and Air Quality.
This letter serves as a Notice of Availability for reviewing the draft EA and unsigned FONSI. The draft EA is prepared pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321-4370h), Council on Environmental Quality Regulations (40 C.F.R. §§ 1500-1508), and the Corps' implementing regulation, ER 200-2-2, 1988 (33 C.F.R. § 230), Policies and Procedures for Implementing NEPA. Electronic copies of the documents can be found at: https://www.lrn.usace.army.mil/Media/Public-Notices/Category/10561/project-planning-branch/.
We request comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than thirty calendar days from the date of this letter to ensure consideration in the final EA. If you are unable to access an email account, you may send written comments to the address listed on the letterhead, ATTN: CELRN-PMP (Chip Hall). Your participation is greatly appreciated. For additional information regarding the proposed project, please contact Chip Hall at 615-736-7666.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
2930525,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2930525/navigation-notice-lrn-22-03-closure-for-bio-acoustic-fish-fence-baff-maintenanc/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-03: Closure for Bio-acoustic Fish Fence (BAFF) Maintenance Cumberland River Mile 30.6,,,,,,,,,,"Closure for Bio-acoustic Fish Fence (BAFF) Maintenance Cumberland River Mile 30.6
Beginning March 21, 2022, Barkley Lock will closefrom 6:00 A.M.– 6:00 P.M.daily, untilMarch 27, 2022. Contractors willconduct dive inspections and repairs to the BAFF system in the lower approach of the lock. During this time, Barkley Lock will open in the evening from 6:00 P.M. – 6:00 A.M.Kentucky Lock will continue to operate 24 hours per day.
POC: Barkley Lock and Kentucky Lock
Office: 270-362-4222",,,,,,,,,,,,,,,
2930573,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2930573/navigation-notice-lrn-22-04-permanent-lower-dock-barge-construction/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-04: Permanent Lower Dock Barge Construction,,,,,,,,,,"Permanent Lower Dock Barge Construction LaFarge-Holcim Facility: Cumberland River Mile 7.2 RDB
Sterling Industrial isconducting the final installation of the permanent lower dock barge at the Lafarge-Holcim facility at Cumberland River Mile 7.2 RDB. Installation beganFebruary 1, 2022 and is estimated to be complete onMarch 18, 2022. During this time, expect to seeseveral barges in the water (a 110’ x 51’ crane barge and a 100’ x 30’ material barge). After working hours, the barges will be moored at the down-river end of the new lower dock barge. Crews will monitor Marine Channels 13 and 78.",,,,,,,,,,,,,,,
2939638,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2939638/navigation-notice-lrn-22-05-fort-loudon-lock-closure/,,lrn,Nashville District,,,,Fort Loudon Lock Closure Tennessee River Mile 602.3 April 18,Navigation Notice LRN 22-05: Fort Loudon Lock Closure,,,,,,,,,,"Fort Loudon Lock Closure Tennessee River Mile 602.3 April 18, 2022- April 25, 2022
Fort Loudoun Lock will experience a lock closure from 12:00 pm on April 18th, 2022, thru 5:30 PM on April 25th, 2022, for repairs to the upper riverside gate. Intermittent daytime closures are scheduled from 8:00 am to 4:30 pm on April 26-28, 2022, as well as May 02-05, 2022, for inspections and repairs to the floating mooring bitts. The lock will resume normal operations at 4:30 pm on May 5th, 2022.
POC:
Matt Emmons, Lockmaster
(865)986-2762(Opt.4)",,,,,,,,,,,,,,,
2940388,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2940388/navigation-notice-22-05-fort-loudoun-lock-scheduled-for-intermittent-closures/,,lrn,Nashville District,,,,Fort Loudoun Lock at Tennessee River mile 602.3 in Lenoir City,Navigation Notice 22-05: Fort Loudoun Lock scheduled for intermittent closures,,,,,,,,,,"Fort Loudoun Lock at Tennessee River mile 602.3 in Lenoir City, Tennessee, is closing noon April 18 to 5:30 p.m. April 25 for repairs to the upper riverside gate. Intermittent daytime closures are also scheduled 8 a.m. to 4:30 p.m. April 26-28, 2022.
Fort Loudoun Lock at Tennessee River mile 602.3 in Lenoir City, Tennessee, is closing noon April 18 to 5:30 p.m. April 25 for repairs to the upper riverside gate. Intermittent daytime closures are also scheduled 8 a.m. to 4:30 p.m. April 26-28, 2022. The lock is resuming normal operations 4:30 p.m. May 5. Call the lock at 865-986-2762, option 4, for more information.",,,,,,,,,,,,,,,
2955359,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2955359/navigation-notice-22-07-self-help-program-lockage-procedures-for-wilson-auxilia/,,lrn,Nashville District,,,,Navigation Notice 22-07: Self Help Program,"Navigation Notice 22-07: Self Help Program, Lockage Procedures for Wilson Auxiliary Lock",,,,,,,,,,"The following are Self Help Program and Lockage Procedures for Wilson Auxiliary Lock at Tennessee River mile 259.4 in Florence, Alabama.
The following are Self Help Program and Lockage Procedures for Wilson Auxiliary Lock at Tennessee River mile 259.4 in Florence, Alabama.
1. Industry will be permitted to use the voluntary services of any towboats that are waiting in queue on either end of the lock, to expedite lockages by assisting other tows to land along approach walls, re-arrangements of set-over tows, and pulling out barges of nonpowered cuts. Additionally, tows in queue may assist on a voluntary basis by allowing other tows to lie alongside while preparing to lock or making for departure. All towboats are to stay with their tows while waiting lockage unless volunteering to assist other tows through the lock.
2. When industry is providing the volunteer helper boat, the locking sequence may be changed, if the lockmaster determines it would be expedited traffic or improve safe operations.
3. The procedure of locking first-come-first-served will be followed when less than three tows are waiting above or below the lock.
CELRN-OP-N 12-15, SUBJECT: “Self Help” Program and Lockage Procedures for Wilson Lock
4. It will be necessary for tows to follow one another on the guide wall when a series of lockages are being made in one direction. Each tow should be aware of the tow that it follows and be on the guide wall as soon as that tow enters the lock chamber. The Lockmaster may vary this procedure as required by conditions at the lock. While this practice will speed up the lockage process, it is imperative that tows exercise extreme caution.
5. When a workable queue exists, vessels will contact the lock on Channel 13 to advise that they have arrived and are available to assist as a helper boat. Thereafter, information concerning lockage will be broadcast on Channel 14 unless advised otherwise by the Lockmaster. Towboats that so not answer the radio call from the lock will be dropped to the end of the waiting line.
6. No adding or dropping of barges will be allowed once the tow in is queue. All towboats assisting with locking will provide adequate personnel to assist in locking during complete lockages. Towboat personnel shall be relieved when needed or when safety becomes an issue.
7. All up bound tows locking at Wilson Auxiliary that are considered jumbo barges, or 54-feet by 295 feet in size, will approach the lower chamber one barge at a time due to the limited space available on the lower approach.
8. Participation in the “Self-Help” program is strictly on a volunteer basis for the sole purpose of reducing delay time to industry at Wilson Auxiliary Lock. The Lockmaster or his representative will call a particular boat by radio and advice of the need for volunteer action indicated above. This advice shall not be considered an order or a direction for action within the authority of the Lockmaster under 33 CFR 207.300. No captain, pilot or other responsible person in charge of the vessel is obligated to respond, except as a volunteer. The United States assumes no liability for the transmission of such advice and shall not be responsible for any consequences of this volunteer action. All navigators are urged to cooperate fully to accomplish maximum efficiency in transiting all locks in this district. Those vessels that refuse to help in the lockages will move to the back of the line in queue. All pilots are requested to provide the necessary number of personnel aboard their vessels to ensure that manpower is available to safely transit the locks. All priority request will be submitted with the proper form (attached) to the Priority Committee. CELRN-OP-N 12-15, SUBJECT: “Self Help” Program and Lockage Procedures for Wilson Lock.
Call the lock at 256-764-5223 for more information.",,,,,,,,,,,,,,,
2967714,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2967714/proposed-surface-water-drainage-improvements-to-barkley-dam-embankment-lyon-cou/,,lrn,Nashville District,Lyon,,,The U.S. Army Corps of Engineers,"Proposed Surface Water Drainage Improvements to Barkley Dam Embankment; Lyon County, Kentucky",,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District (USACE), in accordance with the National Environmental Policy Act (NEPA), is evaluating the impacts of proposed construction actions at Lake Barkley Dam, Lyon County Kentucky. The construction items considered in this evaluation include: (1) site grading approximately 10 acres of land adjacent to the toe of Barkley Dam; (2) installation of six culverts; (3) construction of two drainage ditches; (4) deforestation of approximately 12.7 acres of mature pine stand.
The U.S. Army Corps of Engineers, Nashville District (USACE), in accordance with the National Environmental Policy Act (NEPA), is evaluating the impacts of proposed construction actions at Lake Barkley Dam, Lyon County Kentucky (Figure 1). The construction items considered in this evaluation include: (1) site grading approximately 10 acres of land adjacent to the toe of Barkley Dam; (2) installation of six culverts; (3) construction of two drainage ditches; (4) deforestation of approximately 12.7 acres of mature pine stand (Figure 2).
The purpose of proposed work is to improve the short and long-term drainage health at the toe of Lake Barkley Dam. Improving drainage at the site is a general preventative measure to promote stability of the dam structure. The NEPA evaluation would describe the proposed action and evaluate project effects to the human environment. This letter serves to solicit scoping comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties.
This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. Section 106, implemented by regulations at 36 C.F.R. 800, requires USACE to consider the effects of its undertakings on historic properties. If required, appropriate architectural and archaeological investigations would be conducted within these areas affected by the proposed activities and resulting finding would be coordinated with the Kentucky State Historic Preservation Officer, Federally Recognized Tribes, and other consulting parties.
We request comments be sent by email to shane.m.brady@usace.army.mil no later than 30 days from the date of this letter to ensure consideration in the NEPA evaluation for this project.
For additional information regarding the proposed project, please contact Shane Brady at (615) 736-2472.
(Figure 1: Lake Barkley Dam)
(Figure 2:Proposed Construction Projects at Lake Barkley Dam Embankment)",,,,,,Shane M Brady,shane.m.brady@usace.army.mil,,,,,,,,
2975260,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2975260/scoping-notice-j-percy-priest-dam-and-reservoir-master-plan/,,lrn,Nashville District,Wilson,,,The U.S. Army Corps of Engineers,Scoping Notice: J. Percy Priest Dam and Reservoir Master Plan,,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District (USACE) is completing a review in accordance with the National Environmental Policy Act (NEPA) to assess impacts of a proposed revision to the J. Percy Priest Dam and Reservoir Master Plan.
The U.S. Army Corps of Engineers, Nashville District (USACE) is completing a review in accordance with the National Environmental Policy Act (NEPA) to assess impacts of a proposed revision to the J. Percy Priest Dam and Reservoir Master Plan. J. Percy Priest Dam, completed in 1968, is located on the Stones River, 6.8 miles above its confluence with the Cumberland River (Figure 1). J. Percy Priest Reservoir was authorized for flood control, hydroelectric power production, and recreation by the Flood Control Act of 1938 and the River and Harbor Act of 1946. It is also operated to encourage and develop collateral uses such as water quality, fish and wildlife conservation and other purposes in the public interest. The reservoir is composed of
33,054 acres of land and water under the administrative control of the USACE. The normal summer pool (elev. 490.0 mean sea level) consists of 14,200 acres of water surface area and the reservoir is surrounded by 18,854 acres of public lands. The reservoir includes portions of Davidson and Rutherford counties, and a very small portion of Wilson County in Tennessee (Figure 2).
A preliminary Master Plan for J. Percy Priest was prepared in July 1963 and approved in August 1963. A Master Plan update was approved in December 1986. This update redefined some of the original objectives of the project and expounded on the impacts of overuse at some recreation areas. A second Master Plan update was approved in May 2007 that incorporated the 2003 Nashville District Recreation Excellence at Army Lakes Program and evaluated existing and future needs required to
protect and improve the value of project resources.
The following alternatives would be evaluated: Alternative 1- (No Action) and Alternative 2 - (Revision of the Existing Master Plan). The term ""No Action"" means that there would be no change to the existing 2007 Master Plan and no new resource classification, assessment, and inventory would occur. Revising the Master Plan would include:
A comprehensive description of the project resources, as well as factors influencing resource management and development (Chapter 2)
Resource Objectives and goals from the Headquarters, Division, District and Local levels (Chapter 3)
Land Allocation and Classifications (Chapter 4)
Resource Plan with detailed descriptions of classified areas (Chapter 5)
Special topics relevant to J. Percy Priest Lake (Chapter 6)
A synopsis of public involvement and input in the master planning process (Chapter 7)
Conclusions and Recommendations (Chapter 8)
The associated compliance with the National Environmental Policy Act of 1969, as amended, and other related data (Appendices).
The update would result in permanent changes to the document that could reclassify and change management of lands and/or resources. The revision would ensure the Master Plan is compliant with current Engineering Regulation and Engineer Pamphlet (EP) 1130-2-550.
This letter serves to solicit scoping comments from the public, federal, state, local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity as part of USACE planning process and in accordance with the NEPA process. We encourage comments not only about resources in the immediate project area, but also of plans or proposals for any other development that may impact or influence project resources. Comments would be used to assess effects of the proposed action to the human environment. This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
We request comments be sent by email to cody.a.flatt@usace.army.mil, no later than thirty calendar days from the date of this letter. If you are unable to access an email account, you may send written comments to the address listed on the letterhead, ATTN: CELRN-PMP (Cody Flatt). For additional information regarding the proposed project, please contact Cody Flatt at (615) 736-7954. Your participation is greatly appreciated.
Figure 1: Vicinity Map of Project Location
Figure 2: J. Percy Priest Dam and Reservoir",,,,,,Cody A Flatt,cody.a.flatt@usace.army.mil,,,,,,,,
2977464,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2977464/navigation-notice-lrn-22-08-oil-spill-drill-on-cumberland-river-miles-151-164/,,lrn,Nashville District,,,,On 30 March 2022 from 0900-1300 CST,Navigation Notice LRN 22-08: Oil Spill DRILL on Cumberland River Miles 151-164,,,,,,,,,,"On 30 March 2022 from 0900-1300 CST, the US Coast Guard and local partners will conduct an exercise on the Cumberland River.
On 30 March 2022 from 0900-1300 CST, the US Coast Guard and local partners will conduct an oil spill exercise on the Cumberland River from mile markers 151-164. These drills will take place outside the navigation channel and will not interfere with commercial traffic. Please call the US Coast Guard Duty Phone 502-645-3070 with any questions.",,,,,,,,,,,,,,,
2977477,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2977477/navigation-notice-lrn-22-09-transmission-tower-repair-tennessee-river-mile-725/,,lrn,Nashville District,,,,"*Request ALL vessels provide a no wake zone for the safety of the personnel and equipment in the vicinity of the provided work area.*
Beginning on 4 April 2022 and lasting approximately 8-9 months",Navigation Notice LRN 22-09: Transmission Tower Repair Tennessee River Mile 72.5 - No Wake Zone,,,,,,,,,,"*Request ALL vessels provide a no wake zone for the safety of the personnel and equipment in the vicinity of the provided work area.*
Beginning on 4 April 2022 and lasting approximately 8-9 months, TVA will repair steel legs on three transmission towers on the Tennessee River at mile 72.5.
Beginning on 4 April 2022 and lasting approximately 8-9 months, TVA will be repairing steel legs on three transmission towers on the Tennessee River at mile 72.5. Diveoperations will take place, with up to 8 divers in the water at a time. TVA Police will have a patrol boat in place during these operations. The work schedule is Monday-Saturday from 0700-1800 CST. There will be 2 barges/platforms (60x140 ft.) spudded down around the towers. The M/V Red Wagner will be the towboat onsite and will be monitoring marine channels 13 and 16 with the working channel being 81.
*Request ALL vessels provide a no wake zone for the safety of the personnel and equipment in the vicinity of the provided work area.*
For additional information, please reach out to Shane Carmen (TVA) 256-314-7840",,,,,,,,,,,,,,,
2977496,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2977496/navigation-notice-lrn-22-10-longer-lockage-times-at-chickamauga-lock/,,lrn,Nashville District,,,,Effective March 28,Navigation Notice LRN 22-10: Longer Lockage Times at Chickamauga Lock,,,,,,,,,,"Effective March 28, 2022 to April 1, 2022 upbound traffic at Chickamauga will experience longer lockage times as we repair an issue with a filling valve motor.
Effective March 28, 2022 to April 1, 2022 upbound traffic at Chickamauga will experience longer lockage times as we repair an issue with a filling valve motor.
For additional information, please contactCory Richardson, Lockmaster423-240-0347",,,,,,,,,,,,,,,
2989431,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2989431/navigation-notice-lrn-22-11-cheatham-lock-2022-lock-closure-schedule/,,lrn,Nashville District,,,,Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 0600 16 May 2022 and continuing through 05 August 2022 due to repairs on upper gates and culvert valves. There will be no restrictions during the temporary openings.,Navigation Notice LRN 22-11: Cheatham Lock 2022 Lock Closure Schedule,,,,,,,,,,"Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 0600 16 May 2022 and continuing through 05 August 2022 due to repairs on upper gates and culvert valves. There will be no restrictions during the temporary openings.
Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 0600 16 May 2022 and continuing through 05 August 2022 due to repairs on upper gates and culvert valves. There will be temporary openings to allow navigation passage during the listed phases posted below. During these temporary openings there will not be any restriction.
Cheatham Lock Temporary Openings
Task Name
Duration
Start
Finish
Phase 1
14 Days
05/16/2022
05/29/2022
Lock Closed
11 Days
05/16/2022
05/26/2022
Lock Open
3 Days
05/27/2022
05/29/2022
Phase 2
14 Days
05/30/2022
06/15/2022
Lock Closed
11 Days
05/30/2022
06/09/2022
Lock Open
3 Days
06/10/2022
06/12/2022
Phase 3
14 Days
06/13/2022
06/26/2022
Lock Closed
11 Days
06/13/2022
06/23/2022
Lock Open
3 Days
06/24/2022
06/26/2022
Phase 4
14 Days
06/27/2022
07/10/2022
Lock Closed
4 Days
06/27/2022
06/30/2022
Lock Open
10 Days
07/01/2022
07/10/2022
Phase 5
14 Days
07/11/2022
07/24/2022
Lock Closed
11 Days
07/11/2022
07/21/2022
Lock Open
3 Days
07/22/2022
07/24/2022
Phase 6
11 Days
07/25/2022
08/04/2022
Lock Closed
11 Days
07/25/2022
08/04/2022
Lock Open/Project Complete
08/05/2022
POC: Christopher Dean, Cheatham Lock Master 615-792-4349",,,,,,,,,,,,,,,
2993135,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2993135/draft-detailed-project-report-and-environmental-assessment-dprea-and-unsigned-f/,,lrn,Nashville District,Bell,,,DRAFT Detailed Project Report and Environmental Assessment (DPR/EA) and Unsigned Finding of No Significant Impact for Section 202 Flood Damage Reduction for areas in Bell County,"DRAFT Detailed Project Report and Environmental Assessment (DPR/EA) and Unsigned Finding of No Significant Impact for Section 202 Flood Damage Reduction for areas in Bell County, Kentucky that were impacted by the April 1977 flood",,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District has updated the 2009 Section 202 Flood Damage Reduction Detailed Project Report and Environmental Assessment (DPR/EA) for areas in Bell County, Kentucky that were impacted by the April 1977 flood.
The U.S. Army Corps of Engineers, Nashville District, has updated the 2009 Section 202 Flood Damage Reduction Detailed Project Report and Environmental Assessment (DPR/EA) for areas in Bell County, Kentucky that were impacted by the April 1977 flood. The new Draft DPR/EA and Unsigned FONSI were prepared in accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, Council on Environmental Quality regulations (CEQ, 40 C.F.R. §§ 1500–1508), and Engineer Regulation (ER, 200-2-2, 1988, Procedures for Implementing.",,,,,,,,,,,,,,,
2995954,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2995954/navigation-notice-22-13-daylight-closures-scheduled-at-chickamauga-lock/,,lrn,Nashville District,,,,Chickamauga Lock at Tennessee River mile 471 in Chattanooga,Navigation Notice 22-13: Daylight closures scheduled at Chickamauga Lock,,,,,,,,,,"Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is undergoing valve maintenance May 9-26, 2022. During this time, the lock is closing 7 a.m. to 5:30 p.m. daily with special consideration afforded to commercial tows.
Chickamauga Lock at Tennessee River mile 471 in Chattanooga, Tennessee, is undergoing valve maintenance May 9-26, 2022. During this time, the lock is closing 7 a.m. to 5:30 p.m. daily with special consideration to commercial tows. This special consideration is intended to ensure a backlog of traffic does not build up at the lock and is at the discretion of the lockmaster. No lockage will be started that cannot be finished by 7 a.m., unless approved by the lockmaster. For more information, contact the lock at 423-875-6230.",,,,,,,,,,,,,,,
3003296,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3003296/navigation-notice-lrn-22-15-wilson-lock-recreational-lockage-change/,,lrn,Nashville District,,,,Due to current lockage restrictions at Wilson Lock,Navigation Notice LRN 22-15: Wilson Lock Recreational Lockage Change,,,,,,,,,,"Due to current lockage restrictions at Wilson Lock, recreational vessel lockages will take place three times daily starting May 1, 2022 thru September 5, 2022.
Due to current lockage restrictions at Wilson Lock, recreational vessel lockages will take place threetimes daily starting May 1, 2022 thru September 5, 2022.
1. The first daily recreation lockage will take placeimmediately following the completion of the last upbound lockage or between the hours of 7:00 a.m. and 8:00 a.m. CST.
2. The second daily recreation lockage of the day will occur between the hours of 1:00 p.m. - 3:00 p.m.CST.
3. The last daily recreation lockage will occur immediately after the last downbound lockage occurring during daylight hours.
Recreation vessel operators must contact the lock prior to arrival for availability and specific lockage times. Wilson Lock operators will do a call out 45 minutes prior to having the lock ready for the lockage of recreational vessels.",,,,,,,,,,,,,,,
3011083,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3011083/navigation-notice-lrn-22-16-southern-marine-construction-company-is-installing/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-16: Southern Marine Construction Company is installing an outfall line on Tennessee River Mile 94.0 Right Descending Bank,,,,,,,,,,"Southern Marine Construction Company is installing an outfall line on Tennessee River Mile 94.0 Right Descending Bank
Beginning May 2,2022, Southern Marine Construction Co. will begin installing an outfall line for Hood Container Corporationat Tennessee River Mile 94.0 right descending bank. Maintenance operations will take placeMonday through Friday during daylight hours, with a completion date of Sept. 30, 2022.A195 x 35 ft. crane barge, a 195 x 35 ft. deck barge, and the M/V Low Bid Wonwill be moored onsite during non-working hours. Marine Channel 13 will be monitored throughout the project.
POC:Peter Serodino, Jr. (423)266-1855
Steve Hawthorne (423)802-0597
David Serodino (423)443-8252",,,,,,,,,,,,,,,
3018969,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3018969/corps-seeks-public-input-for-revision-of-center-hill-dam-and-reservoir-water-co/,,lrn,Nashville District,,,,,Corps seeks public input for revision of Center Hill Dam and Reservoir Water Control Manual,,,,,,,,,,"The U.S. Army Corps of Engineers Nashville District is seeking public input as it evaluates potential impacts of the proposed revision of the 1998 Center Hill Dam and Reservoir Water Control Manual.
The U.S. Army Corps of Engineers, Nashville District (Corps), is initiating scoping under the National Environmental Policy Act (NEPA) to evaluate potential impacts of the proposed revision of the 1998 Center Hill Dam and Reservoir Water Control Manual (WCM). The Center Hill WCM comprises pertinent project data, background information, the plan for day-to-day and emergency water management, and the effects of the plan on authorized project purposes.
Center Hill Dam is located at Mile 26.6 on the Caney Fork River in DeKalb County, Tennessee. Center Hill Reservoir spreads throughout Warren, White, and Putnam Counties (Figure 1). The Reservoir is one of four major flood risk management reservoirs for the Cumberland River; the others being J. Percy Priest Reservoir, Dale Hollow Reservoir, and Lake Cumberland. Center Hill Dam was completed for flood risk management operations in November 1948. The Dam is a concrete and earth structure with eight tainter gates and three hydro-electric power generating units (Figure 2). Subsequent to construction, Congress authorized additional project purposes including recreation, water supply, fish and wildlife conservation, and water quality. Visitors to Center Hill Dam and Reservoir have diverse interests such as camping, bird watching, sightseeing, fly fishing, and paddling. Center Hill Reservoir is consistently one of the top fifty most-visited Corps of Engineers reservoirs in the nation, receiving over one million visitors per year.
The WCM ensures unbiased operations and informs the public of mission priorities. The purpose of the proposed action is to update the Center Hill Dam and Reservoir WCM to include current project operations under the existing congressional authorizations. The WCM update would address factors such as basin hydrology, water usage and consumptive demands, new and rehabilitated structural features, and environmental considerations. The updated WCM would also contain records of institutional knowledge to prevent the loss of operational expertise and updates of Corps terms and definitions that have changed over the past couple decades.
Below are some current operations the Corps is considering updating:
Hydropower Ramp Rates – This rate describes the number of generating units that could be turned on or off over a certain amount of time. The 1998 WCM allows for two units per hour up or down.
Spillway Gate Operations – Spillway gates at Center Hill Dam are mechanical structures that regulate the rate of flow through the dam while the water level in the reservoir is within the Flood Control Pool. The 1998 WCM states that when spillway gates are being operated, they should maintain uniform openings of all gates as closely as possible with no more than one foot difference among the gate openings. The WCM also limits the maximum increase in discharge to 2,000 cubic feet per second (cfs) per hour and the maximum decrease in discharge to 4,000 cfs per hour.
Minimum Flows –The 1998 WCM identifies the minimum water flow requirement, effective from June 1 through November 30, as the discharge resulting from one unit generation for one hour within any 48-hour period.
Sluice and Orifice Gate Operation – The sluice and orifice gates release highly oxygenated water from the reservoir to the tailwater. The sluice gates sit at the base of the dam and the orifice gates are ported steel plates that are placed over the sluice gate openings. Both sluice and orifice gates can improve dissolved oxygen downstream when water quality is degraded due to warm summer temperatures.
On Thursday May 26, 2022, 5:00 – 7:30 pm, the Corps will host a public meeting at the Smith County Agricultural Center located at 159 Ag Center Ln, South Carthage, TN 37030. The Corps goal is to gather input from all stakeholders and best balance all the reservoir’s authorized project purposes. The Corps will evaluate input submitted to determine the proper level of analysis for NEPA review (categorical exclusion, environmental assessment, or environmental impact statement).
This letter serves to solicit scoping comments from the public, federal, state, local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity as part of the Corps’ planning process and in accordance with the NEPA process. We encourage comments not only about resources in the immediate project area, but also of plans or proposals for any other development that may impact or influence project resources. Comments are used to assess impacts on human environment. This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
Comments must be submitted within 30 days of the date of this letter to the address listed above or electronically to Cody.A.Flatt@usace.army.mil. Comments will also be received at the public meeting. For additional information regarding the proposed project, please contact Cody Flatt at (615) 736-7954.
CRAIG D. CARRINGTON
Chief, Project Planning Branch",,,,,,Cody A Flatt,Cody.A.Flatt@usace.army.mil,,,,,,,,
3019543,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3019543/draft-environmental-assessment-for-proposed-measures-to-improve-dissolved-oxyge/,,lrn,Nashville District,Russell,,,The U.S. Army Corps of Engineers,"DRAFT Environmental Assessment for proposed measures to improve dissolved oxygen levels in hydropower discharges from Wolf Creek Dam in Russell County, Kentucky",,,,,,,,,,"The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed measures to improve dissolved oxygen (DO) levels in hydropower discharges from Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky. The purpose of the EA is to evaluate potential effects of the proposed project and its alternatives.
The U.S. Army Corps of Engineers, Nashville District has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) of 1969, as amended, for proposed measures to improve dissolved oxygen (DO) levels in hydropower discharges from Wolf Creek Dam, Lake Cumberland in Russell County, Kentucky. The purpose of the EA is to evaluate potential effects of the proposed project and its alternatives.
A Scoping Letter was mailed on Feb. 2, 2021, to solicit comments from the Public, various State and Federal Agencies, and other stakeholders. Comments were taken into consideration and assisted in the evaluation of the proposed action.
The EA evaluates the No Action Alternative and 3 other action alternatives. The Proposed Action Alternative (PAA) is the tentatively selected plan and appears to not cause significant adverse effects on the quality of the human environment; therefore, preparation of an Environmental Impact Statement would not be required. The considered alternatives are as follows:
No Action Alternative: Continuation of the existing operations which involve a combination of hub baffles, sluice and orifice gate releases to improve tailwater DO levels.
Proposed Action Alternative – Installation of Liquid Oxygen Diffusers: A diffuser hose segment consists of two separate lines. One line is weighted to suspend the oxygen feeder line near the lake bottom. Oxygen is released as fine bubbles by the porous hose second line located just above the weighted line .
Surface Pumps - surface water pumps in the forebay, above the dam, that force oxygenated, surface water to lower depths to mix with anoxic water.
Blowers - Blowers installed in the powerhouse to force pressurized air through piping, into the water flow just below the turbines
The EA evaluates environmental effects of the PAA and the no action alternative under the following categories: Recreation and Scenic Resources; Water Quality and Aquatic Resources; Flood Risk Management; Hydropower; Climate and Physiology; Terrestrial Resources; Federally Listed Species; Cultural Resources; Hazardous; Toxic; and Radioactive Waste; Health and Safety; Socioeconomics; and Air Quality.
This letter serves as a Notice of Availability for reviewing the draft EA and unsigned FONSI. The draft EA is prepared pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321-4370h), Council on Environmental Quality Regulations (40 C.F.R. §§ 1500-1508), and the Corps' implementing regulation, ER 200-2-2, 1988 (33 C.F.R. § 230), Policies and Procedures for Implementing NEPA. Electronic copies of the documents can be found at: https://www.lrn.usace.army.mil/Media/Public-Notices/Category/10561/project-planning-branch/.
We request comments be sent by email to CorpsLRNPlanningPublicCom@usace.army.mil no later than June 6, 2022, to ensure consideration in the final DPR/EA. If you are unable to access an email account, you may send written comments to the address listed on the letterhead, ATTN: CELRN-PMP (Chip Hall). Your participation is greatly appreciated. For additional information regarding the proposed project, please contact Chip Hall at (615) 736-7666.
Craig D. Carrington
Chief, Project Planning Branch",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,,,,,,,
3020730,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3020730/amendment-to-navigation-notice-lrn-22-11-cheatham-lock-2022-lock-closure-schedu/,,lrn,Nashville District,,,,,Amendment to Navigation Notice LRN 22-11: Cheatham Lock 2022 Lock Closure Schedule,,,,,,,,,,"Cheatham Lock 2022 Lock Closure Schedule There will be no restrictions during the temporary openings
Cheatham Lock 2022 Lock Closure Schedule There will be no restrictions during the temporary openings Cheatham Lock at Cumberland River Mile 148.7 will be closed to navigation beginning at 0600 16 May 2022 and continuing through 05 August 2022 due to repairs on upper gates and culvert valves. The USACE Light Capacity Fleet will be moored to the upper mooring cells throughout the duration of the project.There will be temporary openings to allow navigation passage during the listed phases posted below. During these temporary openings there will not be any restriction.
Cheatham Lock Temporary Openings
Task Name
Duration
Start
Finish
Phase 1
14 Days
05/16/2022
05/29/2022
Lock Closed
11 Days
05/16/2022
05/26/2022
Lock Open
3 Days
05/27/2022
05/29/2022
Phase 2
14 Days
05/30/2022
06/15/2022
Lock Closed
11 Days
05/30/2022
06/09/2022
Lock Open
3 Days
06/10/2022
06/12/2022
Phase 3
14 Days
06/13/2022
06/26/2022
Lock Closed
11 Days
06/13/2022
06/23/2022
Lock Open
3 Days
06/24/2022
06/26/2022
Phase 4
14 Days
06/27/2022
07/10/2022
Lock Closed
4 Days
06/27/2022
06/30/2022
Lock Open
10 Days
07/01/2022
07/10/2022
Phase 5
14 Days
07/11/2022
07/24/2022
Lock Closed
11 Days
07/11/2022
07/21/2022
Lock Open
3 Days
07/22/2022
07/24/2022
Phase 6
11 Days
07/25/2022
08/04/2022
Lock Closed
11 Days
07/25/2022
08/04/2022
Lock Open/Project Complete
08/05/2022",,,,,,,,,,,,,,,
3043820,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3043820/navigation-notice-lrn-22-17-kentucky-lock-closure-for-miter-and-guard-wall-repa/,,lrn,Nashville District,,,,Navigation Notice LRN 22-17: Kentucky Lock closure for miter and guard wall repair,Navigation Notice LRN 22-17: Kentucky Lock closure for miter and guard wall repair,,,,,,,,,,"Kentucky Lock will experience a series of intermittent closures from 13 June through 30 June 2022. The closures will occur daily from 0600-1800 hours.
Kentucky Lock will experience a series of intermittent closures from 13 June through 30 June 2022. The closures will occur daily from 0600-1800 hours.
During the closures, crews willpaintthe upstream miter gates from repairsearlier thisyear. Crews will also be making repairs the armor plating on the upstream guard wall. These repairs will require the lock closurefor the duration of time the crews are performing repairs. The lock willreopeneach evening to relieve the lock queue.
POC: Wayne Chapman
USACE, Kentucky Lock
270-362-4226",,,,,,,,,,,,,,,
3043857,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3043857/navigation-notice-lrn-22-18-cordell-hull-temporary-lock-operations/,,lrn,Nashville District,,,,Cordell Hull Lock on Cumberland River mile 22.4 in Carthage,Navigation Notice LRN 22-18: Cordell Hull temporary lock operations,,,,,,,,,,"Cordell Hull Lock on Cumberland River mile 22.4 in Carthage, Tennessee, is subject to temporary operations.
Cordell Hull Lock on Cumberland River mile 22.4 in Carthage, Tennessee, is subject to temporary operations. Starting May 27, 2022, the lock will isavailable, on appointment, every Friday and Sunday, through Sept. 25, 2022. All lockage’s must be scheduled at least 48 hours in advance. On Fridays, lockage’s are between 8 a.m. and 2 p.m. On Sundays (and federal holidays), operations may start at 7 a .m. and be initiated by 11 a.m.
No lock operation will occur in excessive wind or inclement weather. No lock operation will occur if there is rough water below the lower lock gate. Lockage’s are limited to vessel with maximum beam (width) of 40 feet.
POC: Marcus Brumbaugh615-735-1040.",,,,,,,,,,,,,,,
3043878,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3043878/navigation-notice-lrn-22-19-pickwick-main-lock-unscheduled-lock-closure/,,lrn,Nashville District,,,,During a May 24,Navigation Notice LRN 22-19: Pickwick main lock unscheduled lock closure,,,,,,,,,,"During a May 24, 2022 dive inspection at Pickwick Main Lock, a potential structural issue was noted. Mariners are asked to use the Auxiliary lock to transit the area until the main lock reopened.
During a May 24, 2022 dive inspection at Pickwick Main Lock, a potential structural issue was noted. As a precaution, this chamber is closed to navigation until further investigation is completed. If it is determined that a repair to the gate is required, or if the lock can be returned to operational status, this information will be disseminated through subsequent notices.
Mariners are asked to use the Auxiliary lock to transit the area until the main lock reopened.
A follow-on notice will be issued when more information is available.
POC:Lock Masters Office
(731) 925-2334",,,,,,,,,,,,,,,
3054751,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3054751/navigation-notice-lrn-22-20-chickamauga-lock-closure/,,lrn,Nashville District,,,,Navigation Notice LRN 22-20: Chickamauga Lock closure,Navigation Notice LRN 22-20: Chickamauga Lock closure,,,,,,,,,,"Chickamauga Lock at Tennessee River mile 471.0 will close July 11-12, 2022.
Beginning July 11, 2022 at 0700 through July 12, 2022 at 1700, Chickamauga Lock will fully close. The closure will allow maintenance crews to make repairs to oil seals on a gate gearbox. Every effort will be made to return the lock to full capability as soon as possible.",,,,,,,,,,,,,,,
3061454,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3061454/navigation-notice-lrn-22-22-downed-tva-transmission-line-tn-river-mile-marker-4/,,lrn,Nashville District,Jackson,,,,Navigation Notice LRN 22-22: Downed TVA transmission line TN River mile marker 411,,,,,,,,,,"There is a downed TVA Line across Tennessee River Mile Marker 411 and county Road 91 in Alabama.
There is a downed TVA Line across Tennessee River Mile Marker 411 and county Road 91 in Alabama. Transmission has a crew in route, U.S. Coast Guard has sent out a message to all mariners, and all marine police have been notified. Jackson County Sheriffs Office cannot offer any assistance at this time, TVA inspector is in route to location. For more info call TVA Police at 855-476-2489.",,,,,,,,,,,,,,,
3061502,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3061502/navigation-notice-lrn-22-23-closure-of-kentucky-lock-at-tn-river-mile-224/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-23: Closure of Kentucky Lock at TN River mile 22.4,,,,,,,,,,"Effective immediately Kentucky Lock at Tennessee River Mile 22.4 is closed until further notice due to a barge sinking in the lock chamber.
Effective immediately Kentucky Lock at Tennessee River Mile 22.4 is closed until further notice due to a barge sinking in the lock chamber. At this time there is no estimated time of when the lock will be opened. Contact Kentucky Lock at 270-362-4226 for further information or questions. A follow-on notice will be issued when more information is available.",,,,,,,,,,,,,,,
3061512,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3061512/navigation-notice-lrn-22-24-tn-river-shutdown-at-mile-marker-411/,,lrn,Nashville District,,,,Beginning Monday,Navigation Notice LRN 22-24: TN River shutdown at mile marker 411,,,,,,,,,,"Beginning Monday, June 13 through Wednesday June 15, Tennessee River mile 411 will completely shut down during daylight hours only.
TN River is shutdown at river mile 411 while TVA resumes operations on Monday, June 13, 2022 to replace the transmission line after the old one was cut. Beginning Monday, June 13 through Wednesday June 15, the river will completely shut down during daylight hours only. Three boats will occupy the water to warn boaters to keep out; two boats will have will have white/yellow flashing lights, TVA Police will operate the third boat with blue lights.",,,,,,,,,,,,,,,
3064748,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3064748/navigation-notice-lrn-22-25-kentucky-lock-reopens/,,lrn,Nashville District,,,,Navigation Notice LRN 22-25: Kentucky Lock reopens,Navigation Notice LRN 22-25: Kentucky Lock reopens,,,,,,,,,,"Kentucky Lock will resume operations beginning at 1800.
At 1350 today, the submerged barge in the chamber of Kentucky Lock, was removed from the chamber. Previously, the lock was scheduled to remain closed through Thursday, June 16 to paint the upper gates.However,painting was completed during the closure and the lock will reopen tonight, June 15 at 1800. As previously announced, the lock will close from 0600-1800 daily, through June 30, 2022 for scheduled maintenance.",,,,,,,,,,,,,,,
3072133,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3072133/navigation-notice-lrn-22-26-wilson-lock-downbound-lockages/,,lrn,Nashville District,,,,Downbound lockages at Wilson Lock,Navigation Notice LRN 22-26: Wilson Lock downbound lockages,,,,,,,,,,"Downbound lockages at Wilson Lock, TN River mile 259.4, will take place under new conditions.
Downbound lockages at Wilson Lock, TN River mile 259.4, will take place under the following conditions:
All upbound tows will have priority after dark, regardless of arrival order.
Tow sizes are limited to 6 barges.
Tows must be arranged and ready to lock before lock arrival time will be given.
Tows must be 70’ or less in width.
Tows may only bring down one string at a time, just as procedures allow during the daylight hours.
Tows wishing to lock at night and meet these criteria’s must supply their own helper boat
POC: Navigation Facilities Manager MidTn RIver Area
256-247-3311",,,,,,,,,,,,,,,
3072192,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3072192/navigation-notice-lrn-22-27-semi-annual-navigation-meeting/,,lrn,Nashville District,,,,The Nashville District will virtually host the annual Navigation Meeting on July 6,Navigation Notice LRN 22-27: Semi-Annual Navigation Meeting,,,,,,,,,,"The Nashville District will virtually host the annual Navigation Meeting on July 6, 2022.
The Nashville District will virtually host the annual Navigation Meeting on July 6, 2022 from 10:00am - 12:15pm.Topics covered in the meeting will include the Nashville District's 2022 Lock Major Maintenance Schedule, status on new Kentucky Lock construction, Tennessee Valley Authority activities for 2022, and the US Coast Guard activities and Marine Events 2022. Other topics will be discussed as time allows.
For questions concerning the meeting, please reach out to the Navigation Branch (615) 763-7969",,,,,,,,,,,,,,,
3077028,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3077028/navigation-notice-lrn-22-28-tva-repairs-at-tn-river-mile-marker-411/,,lrn,Nashville District,,,,UPDATED: Amendment to reflect extension of completion date: TVA is conducting repairs on transmission towers at Tennessee River mile marker 411 July 6-14,Navigation Notice LRN 22-28: TVA repairs at TN River Mile Marker 411,,,,,,,,,,"UPDATED: Amendment to reflect extension of completion date: TVA is conducting repairs on transmission towers at Tennessee River mile marker 411 July 6-14, 2022.
UPDATED: Amendment to reflect extension of completion date: TVA is conducting repairs on transmission towers at Tennessee River mile marker 411 July 6-14, 2022. All river traffic must be completely stopped during daylight hours only. There are three boats in the water at Tennessee River miles 410 and 412 to warn boaters to keep out. Two boats have white/yellow flashing lights and one boat has blue flashing lights with TVA police onboard. All three vessels are monitoring channels 13 and 16. Call signs for these vessels are TVA Safety Boat and TVA Police Boat. For more info, call Shane Carman, manager of River Services and CCP Facility Management, via cell at 662-279-9991.",,,,,,,,,,,,,,,
3080401,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3080401/navigation-notice-lrn-22-29-wilson-lock-main-chamber-closed-temporarily/,,lrn,Nashville District,,,,The main chamber of Wilson Lock,Navigation Notice LRN 22-29: Wilson Lock main chamber closed temporarily,,,,,,,,,,"The main chamber of Wilson Lock, at TN River mile 259.4, will close temporarily on July 12th from 0600-1800.
The main chamber of Wilson Lock, at TN River mile 259.4, is temporarily closed while repairs are made to the seal on the lift gate low speed gear box. The closure will take no longer than 12 hours. The repairs will take place on July 12from 0600-1800. The aux lock will not be available.",,,,,,,,,,,,,,,
3082583,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3082583/navigation-notice-lrn-22-30-installation-of-new-mooring-cell-at-cumberland-rive/,,lrn,Nashville District,,,,Southern Marine Construction will install a new mooring cell at Cumberland River mile 180 starting July 11,Navigation Notice LRN 22-30: Installation of new mooring cell at Cumberland River Mile180,,,,,,,,,,"Southern Marine Construction will install a new mooring cell at Cumberland River mile 180 starting July 11, 2022 through January 11, 2023.
Southern Marine Construction will install a new mooring cell at Cumberland River mile180 starting July 11, 2022 through January 11, 2023. They will use one 195’x35’ crane barge, one 195’x 35’ deck barge with M/V Low Bid Too. During working hours, they will monitorCh. 13. Workhours are during daylight hours only,Monday-Friday. They willmoorat Hailey’s Harbor during non-working hours or at the jobsite.",,,,,,,,,,,,,,,
3085692,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3085692/draft-integrated-detail-project-report-dprenvironmental-assessment-ea-for-a-pro/,,lrn,Nashville District,Montgomery,,,DRAFT Integrated Detail Project Report (DPR)/Environmental Assessment(EA) for a Proposed Clarksville Red River Harbor Project,"DRAFT Integrated Detail Project Report (DPR)/Environmental Assessment (EA) for a Proposed Clarksville Red River Harbor Project; Montgomery County, Tennessee",,,,,,,,,,"DRAFT Integrated Detail Project Report (DPR)/Environmental Assessment(EA) for a Proposed Clarksville Red River Harbor Project; Montgomery
County, Tennessee
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Integrated Detail Project Report (DPR)/Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess the impacts of removing approximately 1,947 cubic yards of sediment from the Red River Harbor, Montgomery County, Tennessee. The project would also include beneficial use of sediment on-site to create an emergent wetland. The purpose of the proposed action is to lower the navigable depth of the harbor channel to facilitate year-round navigation of the project site in order
to enhance recreational boating opportunities.",,,,,,,,,,,,,,,
3099733,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3099733/draft-environmental-assessment-and-unsigned-finding-of-no-significant-impact-fo/,,lrn,Nashville District,Davidson,,,he US Army Corps of Engineers (Corps),DRAFT Environmental Assessment and Unsigned Finding of No Significant Impact for Revision of 2007 J. Percy Priest Dam and Reservoir Master Plan,,,,,,,,,,"he US Army Corps of Engineers (Corps), Nashville District has prepared a Master Plan (MP) Update and associated Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for J. Percy Priest Dam and Reservoir (JPP), which is located in Davidson County in Tennessee (Figure 1). These documents are being provided to Federal and State agencies with jurisdiction by law or special expertise and members of the public.
The US Army Corps of Engineers (Corps), Nashville District has prepared a Master Plan (MP) Update and associated Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for J. Percy Priest Dam and Reservoir (JPP), which is located in Davidson County in Tennessee (Figure 1). These documents are being provided to Federal and State agencies with jurisdiction by law or special expertise and members of the public.
The latest JPP MP was last updated in 2007. The MP serves as a guide for coordination of project development and management of all land and water resources. The intent of an updated MP is to present a current inventory and assessment of resources, provide an analysis of resource use, and evaluate existing and future needs required to protect and improve the value of resources at JPP.
A Scoping Letter regarding the revision of JPP’s MP was mailed on March 17, 2022, to solicit comments from the public. Based on public, federal, state, local agencies and officials, Indian Tribes, and other interested parties’ comments to the March 2022 Scoping Letter, the Corps determined an EA was necessary to evaluate environmental impacts associated with the proposed changes to the JPP MP.
Two alternatives are considered in the EA: 1) No Action, which means there would be no update to the existing MP and no new resource classification, assessment or inventory would occur and operation and management of JPP would continue as outlined in the 2007 MP; and 2) Implementation of the Proposed MP Update, which would incorporate three actions: a) project land and water allocations and classifications would be made current, b) an analysis of resource use would be conducted, and c) an evaluation of existing/future needs and demands on the project would be completed.
This letter serves as a Notice of Availability for reviewing the EA and unsigned FONSI. The EA was prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality Regulations (40 CFR 1500-1508), and the Corps Engineering Regulation 200-2-2, Policies and Procedures for Implementing NEPA. Electronic copies of the documents can be found at: https://www.lrn.usace.army.mil/Media/Public-Notices/
Please submit any written comments no later than 30 days from the date on this letter to ensure consideration in the Final EA. Send written comments to the address listed on the letterhead, ATTN: CELRN-PMP (Cody A. Flatt), or email your comments to cody.a.flatt@usace.army.mil. Your participation is greatly appreciated.",,,,,,Cody A Flatt,cody.a.flatt@usace.army.mil,,,,,,,,
3110161,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3110161/navigation-notice-lrn-22-31-cordell-hull-lock-on-cumberland-river-closed-for-ma/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-31: Cordell Hull Lock on Cumberland River closed for maintenance,,,,,,,,,,"Cordell Hull Lock at Cumberland River Mile 313.5 closed for maintenance.
Cordell Hull Lock on Cumberland River in Carthage, Tennessee is closing for maintenance. The closure will take place on Sunday, July 31stfollowing the last lockageand will remain closed until Aug.22,2022 when the MST has the sector arm repaired.
POC:Marcus Brumbaugh
Marcus.H.Brumbaugh@usace.army.mil
615-735-1040",,,,,,Marcus H Brumbaugh,Marcus.H.Brumbaugh@usace.army.mil,,,,,,,,
3118256,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3118256/navigation-notice-lrn-22-32-barkley-lock-closed-for-maintenance/,,lrn,Nashville District,,,,The Barkley Lock,Navigation Notice LRN 22-32: Barkley Lock closed for maintenance,,,,,,,,,,"The Barkley Lock, Cumberland River Mile 30.6, will close for maintenance from October 13, 2022 to November 4, 2022.
Barkley Lock willclosefrom 6:00 am- 6:00 pmdaily from October 13, 2022 until November4, 2022 to make required diving inspections and repairs to the BAFF system in the lower approach of the lock.
Lockages at Barkley will occur from 6:00 pm- 6:00 am. Lockages at Kentucky Lock will run 24 hours per day.
POC:
Ross Cunningham, Lockmaster
Barkley Lock
Office: 270-362-4222",,,,,,,,,,,,,,,
3131537,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3131537/navigation-notice-lrn-22-33-old-hickory-lock-closure/,,lrn,Nashville District,,,,Old Hickory Lock at Cumberland River mile 216.1 will close on August 23,Navigation Notice LRN 22-33: Old Hickory Lock Closure,,,,,,,,,,"Old Hickory Lock at Cumberland River mile 216.1 will close on August 23, 2022 from 6:00am to 4:00 pm.
Old Hickory Lock at Cumberland River mile 216.1 will close on August 23, 2022 from 6:00am to 4:00 pm. During the closure, divers and maintenance support team working to remove debris from the lower miter sill of Old Hickory locks lower gate area. The lock is expected to return to operation after completion of the project at 4:30 pm onAugust 23, 2022.
Justin Gray
(615) 240-4037
Justin.A.Gray@usace.army.mil",,,,,,Justin A Gray,Justin.A.Gray@usace.army.mil,,,,,,,,
3139227,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3139227/navigation-notice-lrn-22-34-cumberland-river-closure/,,lrn,Nashville District,,,,Beginning on September 12 – 14,Navigation Notice LRN 22-34: Cumberland River Closure,,,,,,,,,,"Beginning on September 12 – 14, 2022 the Cumberland River will be closed to all navigation traffic.
Beginning on September 12 – 14, 2022 the Cumberland River willcloseto all navigation traffic. American Barge company will placethe channel span truss of the new US HWY 60 (Smithland) bridge. This work will begin on September 12, 2022 at 05:30 amthrough September 14, 2022 at10pm. The contractor’s equipment will be moored on site within the navigation channel during this time frame.
POC:
Scott Swamback
914-497-8831",,,,,,,,,,,,,,,
3139274,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3139274/navigation-notice-lrn-22-35-kentucky-lock-closure/,,lrn,Nashville District,,,,Kentucky Lock will close during daylight hours (6:00 a.m. to 6:00 p.m.) from September 6,Navigation Notice LRN 22-35: Kentucky Lock Closure,,,,,,,,,,"Kentucky Lock will close during daylight hours (6:00 a.m. to 6:00 p.m.) from September 6, 2022 to September 26, 2022.
Kentucky Lock willclose duringdaylight hours(6:00 a.m.to 6:00 p.m.) fromSeptember 6, 2022 to September 26, 2022 to repair damage to one of the empty valves of the lock. During these daylight closures, vessels are encouraged to use Barkley Lock and Dam via the Barkley Canal to alleviate lockage delays that will accumulate at Kentucky Lock.",,,,,,,,,,,,,,,
3139324,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3139324/navigation-notice-lrn-22-36-closure-at-tennessee-river-mile-171/,,lrn,Nashville District,,,,Tennessee River Mile 169-171 will close during daylight hours (8:00 a.m. - 4:00 p.m.) on August 29,Navigation Notice LRN 22-36: Closure at Tennessee River Mile 171,,,,,,,,,,"Tennessee River Mile 169-171 will close during daylight hours (8:00 a.m. - 4:00 p.m.) on August 29, 2022.
Tennessee River Mile 169-171 will close during daylight hours (8:00 a.m. - 4:00 p.m.) on August 29, 2022 to conduct a salvage operation of a sunken recreational vessel. If weather conditions do not allow for the salvage to take place, the contingency dates for this closure are either August 30 and 31.",,,,,,,,,,,,,,,
3163740,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3163740/navigation-notice-lrn-22-37-construction-operations-for-excavation-at-kentucky/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-37: Construction operations for excavation at Kentucky Lock,,,,,,,,,,"Construction operations for new lock excavation at Kentucky Lock Tennessee River Mile 22.4
Thalle Construction will begin land based blasting operations August 31, 2022 and continue on a Monday through Saturday schedule; blasting operations will be targeted for daylight hours (Sunrise-Sunset). No blasting will occur prior to 0700 or after 1900. Any blasts scheduled within 3 hours of sunset shall have safety lighting on standby in the event of a delay. Mariners should contact Lockmaster for any questions.",,,,,,,,,,,,,,,
3163743,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3163743/navigation-notice-lrn-22-38-pickwick-main-lock-open/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-38: Pickwick Main Lock Open,,,,,,,,,,"Pickwick main lock has resumed operations.
Pickwick main lock has resumed operations.",,,,,,,,,,,,,,,
3163745,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3163745/navigation-notice-lrn-22-39-kentucky-lock-federal-mooring-3-cell-out-of-service/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-39: Kentucky Lock federal mooring #3 cell out of service,,,,,,,,,,"Kentucky Lock federal mooring #3 cell out of service at Tennessee River mile 22.4.
Kentucky Lock has a series of mooring cells immediately upstream of the short bull nose of the lock chamber. It was recently discovered that Federal Mooring Cell #3 upstream of the lock has been punctured and has lost all gravel fill that keeps the metal bands intact. It has been determined this mooring cell is unfit for use. All vessels, both upbound and downbound, are asked to use extreme caution when transiting the area and avoid any contact with Federal Mooring Cell #3 until a temporary repair can be made and/or a replacement cell built.",,,,,,,,,,,,,,,
3169878,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3169878/navigation-notice-lrn-22-40-revised-schedule-of-operations-for-cordell-hull-lock/,,lrn,Nashville District,,,,,Navigation Notice LRN 22-40: Revised Schedule of Operations for Cordell Hull Lock,,,,,,,,,,"The Nashville District has revised the schedule of operation at Cordell Hull Lock to better serve navigational traffic.
Effective Sept. 20,2022, Cordell Hull Lock, located at Cumberland River Mile 313.5, will conduct scheduled lockagesbetween the hours of 7:00 a.m. and 3:00p.m. daily, including weekends and holidays. Lockages will continue on anappointment only basis.
Lockages are scheduled by calling Old Hickory Lock via telephone at 615-847-3281. Vessel operators desiring lockage between Tuesday and Friday must schedule their appointment at least 48 hours in advance. Those desiring lockage on Saturday, Sunday, or Monday must schedule before 12:00 p.m.on Thursday. Vessels must arrive in enough to time to conclude locking priorto 3:00 p.m. If a vessel’s passage through the lock is notcompleted before close of business at 3:00 p.m, the vessel must wait until the start of the next regular workday at 7:00 a.m or when an Operator becomes available to perform the lockage.
POC: Old Hickory Lockmaster
615-847-3281 or
Cordell Hull Lock office
615-735-1040.",,,,,,,,,,,,,,,
3170001,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3170001/22-021-scoping-initiated-to-evaluate-management-prevent-spread-of-invasive-carp/,,lrn,Nashville District,,,,NASHVILLE,"22-021: Scoping initiated to evaluate management, prevent spread of invasive carp in Cumberland, Tennessee Rivers",,,,,,,,,,"NASHVILLE, Tenn. (Sept. 26, 2022) -- The U.S. Army Corps of Engineers Nashville District is initiating scoping under the National Environmental Policy Act to evaluate measures and alternatives to manage and prevent the spread of invasive carp in the Tennessee River, Cumberland River, and northern section of the Tennessee-Tombigbee Waterway as authorized by Section 509 of the Water Resource Development Act of 2020.
The U.S. Army Corps of EngineersNashville District is initiating scoping under the National Environmental Policy Act (NEPA) to evaluate measures and alternatives to manage and prevent the spread of invasive carp in the Tennessee River, Cumberland River, and northern section of the Tennessee-Tombigbee Waterway (TTWW) as authorized by Section 509 of the Water Resource Development Act (WRDA) of 2020.
Through this authority, USACE will implement a prevention pilot program to identify up to 10 projects within the study area that will manage and prevent further spread of these species. USACE is seeking public input on the potential environmental and economic impacts of installing invasive carp barriers in these waterways. Invasive carp are a major concern in the Mississippi River basin. Movement through lock systems is the primary means of upstream migration into tributaries such as the Tennessee and Cumberland rivers. Invasive carp are in direct competition with native aquatic species for food and habitat and pose a major threat to the ecology, environment, economy and safety. This NEPA review will address the extent of four exotic carp species into these waterways based on data from multiple Federal and state resource agencies. This study will develop feasible alternatives to best manage and prevent the spread of invasive carp using innovative technologies, methods and measures. USACE will evaluate these alternatives for select pilot projects to prohibit further migration of invasive carp into unaffected waters.
USACE proposes to review management measures to include barrier systems that function as deterrents to curtail migration of invasive carp into unaffected waterways. These measures would be placed at locks either as singular systems or in combination to address site-specific conditions as needed.
Proposed management measures include:
• Underwater Acoustic Deterrent System (uADS) – consists of an underwater installed apparatus with speakers that produce various loud sounds to repel carp away from the lock or dam.
• Bio-acoustic Fish Fence (BAFF) – sends a curtain of bubbles, sound, and light from the riverbed to the water surface, which deters noise sensitive invasive carp from entering the lock chamber.
• Carbon Dioxide (CO2) Infusion – consists of a process infusing water with recycled CO2 gas to discourage the movement of invasive carp by avoiding the soda-like water.
• Electrical current barrier – consists of a barrier located along the waterway that emits electrical current which doesn’t electrocute the carp, but repels them when they encounter
the strong electrical field.
This letter serves to solicit scoping comments from the public, Federal, state, local agencies and officials, Indian tribes, and other interested parties to consider and evaluate the impacts of this study’s proposed activity as part of USACE planning process and in accordance with National Environmental Policy Act (NEPA) process. We encourage comments not only regarding
resources in the immediate study area, but also of plans and proposals for any other development that may impact or influence project resources. Comments would be used to assess effects of any proposed actions to the human environment. This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
Section 509 of WRDA authorizes no more than ten projects to be carried out in the pilot program. The evaluation will prioritize ten locations from the following project sites:
Tennessee River Locations
• Kentucky Lake Lock and Dam (Kentucky)
• Pickwick Lake Lock and Dam (Tennessee)
• Wilson Lock and Dam (Alabama)
• Wheeler Lock and Dam (Alabama)
• Guntersville Lock and Dam (Alabama)
• Nickajack Lock and Dam (Tennessee)
• Chickamauga Lock and Dam (Tennessee)
• Watts Bar Lock and Dam (Tennessee)
• Melton Hill Lock and Dam (Tennessee)
• Fort Loudon Lock and Dam (Tennessee)
Cumberland River Locations
• Barkley Lake Lock and Dam (Kentucky)
• Cheatham Lock and Dam (Tennessee)
• Old Hickory Lock and Dam (Tennessee)
• Cordell Hull Lock and Dam (Tennessee)
Tennessee-Tombigbee Location
• Bay Springs Lake Whitten Lock and Dam (Mississippi)
We request comments be sent by email to corpslrnplanningpubliccom@usace.army.mil no later than thirty (30) calendar days from the date of this letter. If you are unable to access an email account, you may send written comments to the address on the letterhead, ATTN: CELRN-PMP - Invasive Carp. For additional information regarding the study, please contact Kathleen McConnell at 251-323-2533. Your participation is greatly appreciated.
CRAIG D. CARRINGTON
Chief, Project Planning Branch",,,,,,Corpslrnplanningpubliccom,corpslrnplanningpubliccom@usace.army.mil,,,,,,,,
3174286,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3174286/navigation-notice-lrn-22-41-channel-maintenance-dredging-cumberland-city-island/,,lrn,Nashville District,,,,Beginning Oct.5,Navigation Notice LRN 22-41: Channel Maintenance Dredging Cumberland City Island,,,,,,,,,,"Beginning Oct.5, 2022 channel maintenance dredging will occur at Cumberland River Mile 104 (Cumberland City Island). Dredging will continue through Oct.31, 2022.
Beginning Oct.5, 2022 channel maintenance dredging will occur at Cumberland River Mile 104 (Cumberland City Island). Dredging will continue through Oct.31, 2022.
Daily Work Schedule: 6:00 a.m to Midnight, seven days a week. Crews will monitorMarine Channel 13 and 16during working hours.
Mariners should expect to see 2-3 tow boats and deck barges with cranes, 1-2 small crew vessels and several material barges moving within the work area (See attached map). Equipment will be moored outside the navigation channel near the work site during non-working hours.",,,,,,,,,,,,,,,
3183923,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3183923/navigation-notice-lrn-22-42-construction-at-cumberland-river-mile-124/,,lrn,Nashville District,,,,Southern Marine Construction Co. will conduct maintenance at Cumberland River mile 124 beginning Oct. 10,Navigation Notice LRN 22-42: Construction at Cumberland River Mile 124,,,,,,,,,,"Southern Marine Construction Co. will conduct maintenance at Cumberland River mile 124 beginning Oct. 10, 2022, through Oct. 31, 2022.
beginning Oct. 10, 2022, through Oct. 31, 2022 at Cumberland River mile 124, Southern Marine Construction Co. will conduct drilling and grinding of rock on the right descending bank for a bored pipe retrieval and installation.
The daily maintenance schedule is as follows: Monday - Friday during daylight hours ONLY. Mariners should expect to see a 195 x 35 Crane Barge, 195 x 35 deck barge & M/V Little Giant. After working hours, equipment will be moored at the job site. Marine Channel 13 and 16 will be monitored during working hours.",,,,,,,,,,,,,,,
3187000,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3187000/navigation-notice-lrn-22-43-barkley-lock-closure-oct17-21-2022/,,lrn,Nashville District,,,,Navigation Notice LRN 22-43: Barkley Lock Closure Oct.17-21,"Navigation Notice LRN 22-43: Barkley Lock Closure Oct.17-21, 2022",,,,,,,,,,"Closure for Bio-acoustic Fish Fence (BAFF) Maintenance Cumberland River Mile 30.6 (Reference LRN 22-32).
Barkley Lock willclose dailyfrom 6:00 a.m. to- 6:00 p.m.beginning October 17until October21, 2022 to make required diving inspections and repairs to the BAFF system in the lower approach of the lock. Lockages at Barkley Lockwill occur daily from 6:00 p.m. to 6:00 a.m. Lockages atKentucky Lock will remain 24 hours per day.",,,,,,,,,,,,,,,
3187046,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3187046/navigation-notice-lrn-22-44-low-flow-warning-at-cheatham-lock/,,lrn,Nashville District,,,,Navigation Notice LRN 22-44: Low Flow Warning at Cheatham Lock,Navigation Notice LRN 22-44: Low Flow Warning at Cheatham Lock,,,,,,,,,,"Low Flow Warning at Cheatham Lock Cumberland River Mile 148.6 beginning November 14 through November 18, 2022.
Due to diving operations at Cheatham Dam between 14 November through 18 November 2022, there will be periods of little to no flow during daylight hours. The water level at the lower approach of Cheatham Lock will likely NOT drop below normal minimum pool conditions (354.0 ft.) but will approach that elevation. Mariners should take extra caution on the lower approach and not overload their barges or exceed channel depths on these dates.",,,,,,,,,,,,,,,
3205716,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3205716/navigation-notice-lrn-22-44-closure-tn-river-miles-463-468/,,lrn,Nashville District,,,,Beginning November 4th,Navigation Notice LRN 22-44: Closure TN River Miles 463-468,,,,,,,,,,"Beginning November 4th, 2022, the Tennessee River will close during daylight hours between miles 463-468. Normal operations will resume November 6th, 2022.
The U.S. Coast Guard has issued a closure of theTennessee River between miles 463-468. The closure will run during daylight hours only, from November 4th through November 6th, 2022. The closure is related to the activities associated with the Head of the Hooch special event.During this closure no mariners will be able to transit upstream or downstream through this reach of the Tennessee river during the daylight hours. For further information & details, mariners are requested to contact the lockmaster at Chickamauga Lock.",,,,,,,,,,,,,,,
3234188,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3234188/special-public-notice-22-34/,,lrn,Nashville District,,,,,Special Public Notice 22-34,,,,,,,,,,"Notice of Availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The Interim Draft of the National OHWM Manual does not imply or represent a change to the definition of “ordinary high water mark” (OHWM) or “Waters of the U.S.” nor does it change existing guidance related to the OHWM (e.g., Regulatory Guidance Letter No. 05-05). Instead, the Interim Draft of the National OHWM Manual provides draft technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA) and/or Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA), by providing a standard process, uniform datasheets, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The Interim Draft of the National OHWM Manual was developed by the National Technical Committee for OHWM, which includes experts from Federal agencies and academia. The document provides a scientifically based, rapid framework to support OHWM identification and delineation in a consistent, robust, repeatable, and defensible way.
The OHWM defines the boundaries of aquatic features for a variety of federal, state, and local regulatory purposes. Under the CWA, the OHWM defines the lateral limits of federal jurisdiction for non-tidal waters of the U.S. in the absence of adjacent wetlands. When adjacent wetlands are present, CWA jurisdiction extends beyond the OHWM to the limit of the adjacent wetlands. Under Sections 9 and 10 of the RHA, the OHWM defines the lateral limits of federal jurisdiction for non-tidal navigable waters of the U.S. The National OHWM Manual will help to promote accurate, consistent, and efficient OHWM delineation practices. OHWM delineation can occasionally be challenging due to factors such as spatial and temporal dynamics of inland waters and anthropogenic impacts that can mask or confound field indicators. Use of the National OHWM Manual is intended to result in more timely, consistent, and predictable identification and delineation of the OHWM across the Nation.
The Interim Draft National OHWM Manual, datasheets, and training opportunities are available on theinternet at:
https://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact-Sheet-Article-View/Article/486085/ordinary-high-water-mark-ohwm-research-development-and-training/
During the period while the OHWM Manual is an interim draft, OHWM identification and/or delineation for official USACE Regulatory purposes should continue in accordance with the applicable OHWM definition in the Federal regulations, Regulatory Guidance Letter 05-05, and anyapplicable USACE district policies and/or procedures. However, the public and practitioners are encouraged to test and provide comments on their experience using the Interim Draft National OHWM Manual. Comments and feedback received will be utilized to further refine the Interim Draft National OHWM Manual for clarity, consistency, and technical accuracy.
Comments regarding the following specific topics would be especially useful:
• Indicators that were particularly useful or not useful in identifying the OHWM.
• Regional differences in the applicability of specific field indicators.
• Implementation of the Weight of Evidence approach to assemble, evaluate, and integrate lines of evidence to support OHWM identification and delineation.
• Problem situations encountered and possible approaches for addressing them.
• Additional remote sensing data or techniques which may be utilized to support OHWM identification and delineation.
• Usefulness of the supporting examples to clarify and inform identification of indicators and lines of evidence in the field.
• Usefulness, usability, and clarity of the OHWM datasheet and its accompanying instructions and field procedures.
Comments on the Interim Draft National OHWM Manual should be submitted by email to usace.ohwm@usace.army.mil. Written comments may also be provided by mail to Mr. Matt Wilson, U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000. The one-year comment period ends on December 1, 2023.
A final version of the National OHWM Manual is anticipated to be published during 2024.For additional information on the research supporting the National OHWM Manual, see:
https://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact-Sheet-Article-View/Article/486085/ordinary-high-water-mark-ohwm-research-development-and-training/",,,,,,Usace Ohwm,usace.ohwm@usace.army.mil,,,,,,,,
3258469,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3258469/navigation-notice-lrn-23-01-kentucky-lock-tn-river-mile-224-closed-for-major-ma/,,lrn,Nashville District,,,,Navigation Notice LRN 23-01: Kentucky Lock,"Navigation Notice LRN 23-01: Kentucky Lock, TN River mile 22.4, closed for major maintenance",,,,,,,,,,"Kentucky Lock is closed until further notice due to an electrical issue preventing the lock’s operating system from functioning.
Kentucky Lock isclosed until further notice due to an electrical issuepreventing the lock’s operating system from functioning. Engineers are working on the issue to resolve it as soon
as practical. Vessels may transit the Barkley Lock via the Barkley Canal for access to/from theTennessee River system.",,,,,,,,,,,,,,,
3260638,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3260638/navigation-notice-lrn-23-02-kentucky-lock-open-to-navigation/,,lrn,Nashville District,,,,Effective immediately,Navigation Notice LRN 23-02: Kentucky Lock open to navigation,,,,,,,,,,"Effective immediately, Kentucky Lock at Tennessee River mile 22.4 is open to navigation.
Kentucky Lock at Tennessee River mile 22.4 is open to navigation and has resumed normal operations.",,,,,,,,,,,,,,,
3263730,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3263730/public-notice-23-01-lrn-2017-01076/,,lrn,Nashville District,Hamilton,,,Public Notice 23-01,Public Notice 23-01; LRN-2017-01076,,,,,,376,,,,"Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Aric Payne)
501 Adesa Parkway, Suite 250
Lenoir City, Tennessee 37771, Telephone (423) 394-5102
aric.j.payne@usace.army.mil
SUBJECT: Proposed Riverton Residential Development, Chattanooga, Hamilton County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. § 1344). The proposed project also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act. The Applicant received a Section 401 Water Quality Certification (NRS21.230) from the State of Tennessee, Department of Environment and Conservation (TDEC), Division of Water Resources, dated September 29, 2022, pursuant to 40 CFR Part 121 of the CWA (33 U.S.C. § 1251).
APPLICANT: Dane Bradshaw
Riverton Development, LLC
P.O. Box 4737
Chattanooga, Tennessee 37405
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within the boundaries of Parcel Number 118K A 046, near 1100 Lupton Drive, and between Tennessee River Miles 468.6 and 469.4, Chattanooga, Hamilton County, Tennessee; HUC 12 060200011202 – Upper Nickajack Lake – Tennessee River; Latitude N. 35.102156°, Longitude W. -85.267979°.
DESCRIPTION OF PROPOSED WORK: The Applicant proposes to construct a planned residential community that would include 236 single-family homesites, 38 townhomes, 30 live/work units, and amenities such as community trails, pool, and a 21,617 square foot commercial space in the Village Center on a 154.96 acre project site. The Village Center would include a fitness center, retail opportunities within the live/work units, designated space for a restaurant, and green space with an open-air pavilion and stage for community gatherings. The proposed project would include permanent impacts to 376 linear feet (0.03 acre) of stream and 0.50 acre of wetlands for grading and construction activities, and 75 linear feet of the Tennessee River for bank stabilization.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: The Applicant has stated that the purpose of the proposed project is to construct a master-planned, mixed-use residential community along the Tennessee River, in proximity to downtown Chattanooga. The project is needed to accommodate the continued population growth in Hamilton County. The proposed project would provide 236 single-family homesites, 38 townhomes, 30 live/work units, and amenities such as community trails, pool, and a 21,617 square foot commercial space in the Village Center.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Applicant has redesigned the project from the original application to avoid impacts to approximately 7,066 linear feet of streams and 0.95 acre of wetlands within the project site, through spanned bridge crossings, and avoidance of jurisdictional features during construction activities.
COMPENSATORY MITIGATION: The proposed project would result in the unavoidable impacts to 376 linear feet of streams and 0.5 acre of wetlands. The Applicant has proposed to mitigate unavoidable impacts to 376 linear feet of streams through the purchase of 150.4 Stream Quantification Tool (SQT) credits (120.3 x 1.25 one HUC away multiplier) from the Smokey Run Mitigation Bank.The Applicant has proposed to mitigate unavoidable impacts to 0.5 acre of wetlands through the purchase of 1 wetland mitigation credit at a 2:1 ratio from the Sequatchie Valley Wetland Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production,mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the State Historic Preservation Office (SHPO).
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. As lead federal agency, TVA will review the proposal for compliance with Section 7 of the ESA. A review of USFWS’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/) identified the following 13 federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1.A Section 401 Water Quality Certification was approved by TDEC on September 29, 2022, pursuant to 40 CFR Part 121 of the CWA (33 U.S.C. § 1251).
2.TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
3.Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by February 9, 2023, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-01076, and be directed to the Regulatory Division, Attention: Aric Payne, at the above address or at aric.j.payne@usace.army.mil.
/s/
Casey Ehorn
Deputy Chief, Regulatory Division
Nashville District",60200011,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,,,,,,,
3267664,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3267664/draft-supplemental-environmental-assessment-ea-and-unsigned-finding-of-no-signi/,,lrn,Nashville District,,,,The U. S. Army Corps of Engineers,"DRAFT Supplemental Environmental Assessment (EA) and Unsigned Finding of No Significant Impact for Chickamauga Lock Replacement, Hamilton County, Tennessee",,,,,,,,,,"The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Supplemental Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with placement of excess materials and incorporation of construction laydown areas associated with the Chickamauga Lock Replacement Project.
The U. S. Army Corps of Engineers, Nashville District has prepared a Draft Supplemental Environmental Assessment and unsigned Finding of No Significant Impact to evaluate effects to the human environment associated with placement of excess materials and incorporation of construction laydown areas associated with the Chickamauga Lock Replacement Project.
A copy of appendices associated with the EA will be provided upon request.
Please send written comments by email to travis.a.wiley@usace.army.mil no later than February 10, 2023 to ensure consideration in the final EA.",,,,,,Travis A Wiley,travis.a.wiley@usace.army.mil,,,,,,,,
3271719,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3271719/navigation-notice-lrn-23-03-pickwick-auxiliary-lock-at-tn-river-mile-206-closure/,,lrn,Nashville District,,,,Pickwick Auxiliary Lock,Navigation Notice LRN 23-03: Pickwick Auxiliary Lock at TN River Mile 206 closure,,,,,,,,,,"Pickwick Auxiliary Lock, located at TN River Mile 206 will close from February 21, 2023 until April 14, 2023.
Pickwick Auxiliary Lock, located at TN River Mile 206 will close from February 21, 2023 until April 14, 2023 for valve stem repairs in the lock chamber. During this time, the USACE Light Capacity Fleet will remain inside the Auxiliary Lock chamber and will have barges attached to the upper long wall of the Auxiliary Chamber for the entire duration.
POC:
Justin Gray, Pickwick Lockmaster
731.925.2334",,,,,,,,,,,,,,,
3271722,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3271722/navigation-notice-lrn-23-04-barkley-lock-at-cumberland-river-mile-306-closed-fo/,,lrn,Nashville District,,,,Barkley Lock,Navigation Notice LRN 23-04: Barkley Lock at Cumberland River Mile 30.6 closed for maintenance,,,,,,,,,,"Barkley Lock, at Cumberland River Mile 30.6, will close daily between the hours of 0600 and 1800 beginning March 9, 2023 until March 31, 2023.
Barkley Lock, at Cumberland River Mile 30.6, will close daily between the hours of 6:00 am and 6:00 pm beginning March 9, 2023 until March 31, 2023. Closure is to makerequired diving inspections and repairs to the BAFF invasive carp deterrent system located in the lower approach of the lock. Vessels may lock throughBarkley Lock between the hours of 6:00 pm and 6:00 am. Vessels may also access the Cumberland River via Kentucky Lock and the Barkley Canal.
POC:
Ross Cunningham, Lockmaster
270-362-4222",,,,,,,,,,,,,,,
3272506,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3272506/navigation-notice-lrn-23-05-kentucky-lock-at-tn-river-mile-224-intermittent-clo/,,lrn,Nashville District,,,,Kentucky Lock,Navigation Notice LRN 23-05: Kentucky Lock at TN River Mile 22.4 intermittent closures,,,,,,,,,,"Kentucky Lock, at TN River Mile 22.4 will experience intermittent closures from February 6-10, 2023.
Kentucky Lock, at TN River Mile 22.4 will experience intermittent closures from February 6-10, 2023.Construction crews will need to place a tower crane on monolith M26 on the downstream end of Kentucky Lock to prepare for placement of monoliths in the adjacent lock construction area.
There will be a series of 4-hour lock closures (approximately 2-4 closures) to accomplish crane placement. Exact hours of closure may vary pending conditions at the site.
POC:
Wayne Chapman, Lockmaster
270-362-4226",,,,,,,,,,,,,,,
3274115,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3274115/navigation-notice-lrn-23-06-tva-fiber-line-pull-at-cumberland-river-mile-1706-1/,,lrn,Nashville District,,,,TVA will pull a new fiber line across the Cumberland River in Nashville on January 24 and 26,Navigation Notice LRN 23-06: TVA fiber line pull at Cumberland River Mile 170.6-175.8,,,,,,,,,,"TVA will pull a new fiber line across the Cumberland River in Nashville on January 24 and 26, 2023 between the hours of 7:00 am and 6:00 pm.
TVA will pull a new fiber line across the Cumberland River in Nashville on January 24 and 26, 2023 between the hours of 7:00 am and 6:00 pm.The fiber line placement at mile 175.8 will take place onJanuary 24, 2023 and the fiber line placement at mile 170.6 will take place onJanuary 26, 2023.
TVA will have three boats in the water on both dates to warn river traffic approaching the area: two boats with flashing white/yellow lights and one Police boat with flashing blue lights. Work may require intermittent stalls to river traffic in the area. Aforementioned boats will monitor Channels 13 and 16 and can be reached by callsign TVA 1, TVA 2, or TVA Police.
POC:
Shane Carman
TVA 256-314-7840
cscarman@tva.gov",,,,,,,,,,,,,,,
3276177,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3276177/navigation-notice-lrn-23-07-kentucky-lock-at-tn-river-mile-224-temporarily-clos/,,lrn,Nashville District,,,,,Navigation Notice LRN 23-07: Kentucky Lock at TN River Mile 22.4 temporarily closed,,,,,,,,,,"Kentucky Lock at TN River Mile 22.4 is temporarily closed due to mechanical problems.
Kentucky Lock at TN River Mile 22.4 is temporarily closed due to mechanical problems.Workers are on site to get it repaired. It is anticipated to reopen tonight at 9:00pm.
POC:
Wayne Chapman, Lockmaster
Kentucky Lock
Office: 270-362-4226",,,,,,,,,,,,,,,
3276639,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3276639/navigation-notice-lrn-23-08-kentucky-lock-at-tn-river-mile-224-is-closed/,,lrn,Nashville District,,,,,Navigation Notice LRN 23-08: Kentucky Lock at TN River Mile 22.4 is CLOSED,,,,,,,,,,"Kentucky Lock TRM 22.4 will remain out of service until further notice.
Kentucky Lock at TN River Mile 22.4 will remain out of service until further notice due to mechanical issues noted in NTNI 23-07. Crews are on site and continue to assess and repair the deficiencies. Vessels seeking access to/from the Tennessee River are encouraged to utilize Barkley Lock via the Barkley Canal.
POC:
Wayne Chapman, Lockmaster
Kentucky Lock
Office: 270-362-4226",,,,,,,,,,,,,,,
3280853,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3280853/public-notice-23-03-lrn-2018-00196/,,lrn,Nashville District,Williamson,,,Public Notice 23-03,Public Notice 23-03; LRN-2018-00196,,,,,,155,,,,"Please address comments to: Nashville District Corps of Engineers, Regulatory Division (Attn: Katie Alston), 3701 Bell Road, Nashville, TN 37214-2660; katherine.c.alston@usace.army.mil; (615) 369-7521
SUBJECT: Proposed discharge of fill material into waters of the United States associated with construction of Westhaven Subdivision-Residential Additions, located in Franklin, Williamson County, Tennessee. This additional Public Notice is being provided because the project has been modified and impacts have significantly increased since the July 2021 Public Notice (PN 21-21).
TO ALL CONCERNED: The application described below has been submitted for aDepartment of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act(CWA) (33 U.S.C. 1344).
APPLICANT: Wes Magill
Southern Land Company
3990 Hillsboro Pike, Suite 400
Nashville, TN 37215
LOCATION: The proposed project comprises approximately 60 acres located on 3 parcels within the Westhaven Community in Franklin, Williamson County, TN (Exhibit 1). The wetlands and streams on the subject site are located within the Harpeth River Watershed (HUC 05130204). The center coordinates for the residential development are Latitude N. 36.917878°, W.-86.924471°. The project site can be found on the U.S. Geological Survey (USGS) Leipers Fork, TN 7.5 Minute quadrangle map.
DESCRIPTION: The applicant proposes to construct a residential addition to the Westhaven Subdivision, consisting of approximately 184 units, and to expand Boyd Mill Pike to meet City of Franklin’s road safety requirements. The addition shown in Exhibit 2 is a conceptual drawing of the final stage of Westhaven Master Plan, as approved by the City of Franklin. The proposed discharge of fill material within five tributaries to the West Harpeth River, three wetlands, and one open-water pond associated with Boyd Mill Pike expansion (Exhibit 3-5), roadway crossings (Exhibits 6-8), and grading (Exhibit 6) to build out the community to the south and west is summarized in the table below.
Impact and Mitigation Requirement
Aquatic Resource
Impact (Linear Foot or Acre)
Impact Type
Proposed Compensatory Mitigation
Main UT Harpeth River Crossing 1
155 LF
Road crossing (culvert & wing walls)
Yes
≤ 50 LF
Rip Rap (upstream and downstream)
Yes
≤ 50 LF
Rip Rap outside of wingwalls (if required)
NA
Main UT Harpeth River Crossing 2
125 LF
Road crossing (culvert & wing walls)
Yes
≤ 50 LF
Rip Rap (upstream & downstream)
Yes
≤ 50 LF
Rip Rap outside of wingwalls (if required)
NA
S80 - INT
34 LF
Road expansion (culvert & wing walls)
Yes
25 LF
Rip-rap (downstream only)
Yes
S1 – INT
9.8 LF
Culvert length modification
Yes
S40B - EPH
856 LF
filled for grading
Yes
S44B - EPH
864 LF
filled for grading
Yes
Wetland W4
0.18 acre
filled for grading
Yes
Pond 4
0.18 acre
filled for grading
Yes
Wetland W2
0.26 acre
filled for grading
Yes
Wetland W3
0.45 acre
filled for grading
Yes
Totals
448.8 LF of intermittent streams, 1720 LF of ephemeral streams, and 1.07 acres of wetlands/ponds
Other actions proposed by the applicant include impacts to intermittent stream feature S80 associated with in-kind replacement of two culvert crossings and a span bridge for pedestrians (Exhibit 3-5) and temporary impacts to intermittent stream feature S1 (Exhibits 9-10) associated with utility line installation. These would not result in additional permanent impacts to waters of the United States; therefore, compensatory mitigation is not proposed. Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The proposed residential construction within the existing Westhaven Community to meet the continued growing demand for housing located in Franklin, Williamson Tennessee and the proposed road expansion would meet City of Franklin road safety requirements.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant’s Alternatives Analysis for the project included review of no action, onsite design, and off-site design alternatives. The analysis of off-site alternatives found adjacent parcels are either not zoned for residential development or are not currently available for purchase. Onsite design alternatives considered impacts to endangered species and their habitat, wetlands, and streams. Erosion Prevention and Sediment Control measurements will be submitted with the complete design plans.
COMPENSATORY MITIGATION: The applicant proposes to provide compensatory mitigation by purchasing stream credits from Setters Ridge Mitigation Bank (located in Williamson County) and Harpeth River Mitigation Bank (located in Rutherford County) and purchasing wetland credits in the Lower Cumberland Service Area of the Tennessee Mitigation Fund Wetland In-Lieu Fee Program.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both
protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. The Corps, Regulatory Division, will consider any comments received prior to a final decision concerning the authorization of the project, i.e., the issuance, modification, or denial of the requested DA permit. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: Since the July 2021 Public Notice, the applicant has conducted Phase I and Phase II Archaeological Surveys of the proposed development area, and the USACE will be requesting a Phase III. The survey must meet guidelines and standards set forth by the Tennessee Department of Archaeology (https://www.tn.gov/content/dam/tn/environment/archaeology/documents/arch_TNSHPO_2018b.pdf).
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed project (Table 3):
Table 3. Potential Endangered and Threatened Species in the Proposed Project
Group
Common Name/ Scientific Name
Federal Status
Mammal
Gray bat /Myotis grisescens
Endangered
Mammal
Indiana bat / Myotis sodalis
Endangered
Mammal
Northern Long-eared Bat / Myotis septentrionalis
Threatened
Plants
Price’s Potato-bean / (Apios priceana)
Endangered
Plants
Leafy prairie-clover / Dalea foliosa
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work, including but not limited to:
Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
Other federal, state, and/or local approvals that may be required for the activity.
COMMENT PERIOD: Written statements received in this office by February 26, 2023 (30 days) will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Katie Alston at the above address, by phone: 615-369-7500, or by email: katherine.c.alston@usace.army.mil.
\s\
William E. Worrall, P.E.
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Nashville District",05130204,,,,,Katherine C Alston,katherine.c.alston@usace.army.mil,,,,,,,,
3281855,https://www.lrn.usace.army.mil/Media/Public-Notices/Article/3281855/navigation-notice-lrn-23-09-kentucky-lock-at-tn-river-mile-224-is-open/,,lrn,Nashville District,,,,,Navigation Notice LRN 23-09: Kentucky Lock at TN River Mile 22.4 is open,,,,,,,,,,"Kentucky Lock at TN River Mile 22.4 is open.
Kentucky Lock at TN River Mile 22.4 is open.",,,,,,,,,,,,,,,
934927,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/934927/navigation-notice-16-34-hours-of-operation-for-locks-on-tennessee-cumberland-ri/,,lrn,Nashville District,,,,Effective Oct. 2,Navigation Notice 16-34: Hours of operation for locks on Tennessee & Cumberland Rivers,,,2016-09-09,,,,,,,"Effective Oct. 2, 2016 the normal operation hours for navigation locks on the Tennessee and Cumberland Rivers are as indicated below.
Effective Oct. 2, 2016 the normal operation hours for navigation locks on the Tennessee and Cumberland Rivers are as indicated below.
Tennessee River
Kentucky, Mile 22.4, 24 hours
Pickwick, Mile 206.7, 24 hours
Wilson, Mile 259.4, 24 hours
Wheeler, Mile 274.9, 24 hours
Guntersville, Mile 349.0, 6 a.m. to 2 a.m.
Nickajack, Mile 424.7, 6 a.m. to 2 a.m.
Chickamauga, Mile 471.0, 24 hours
Watts Bar, Mile 529.3, 7 a.m. to 3 a.m.
Ft. Loudon, Mile 602.3, 7 a.m. to 3 a.m.
Melton Hill, Clinch River Mile 23.1, Reservation Only
Cumberland River
Barkley, Mile 30.6, 24 hours
Cheatham, Mile 148.7, 24 hours
Old Hickory, Mile 216.2, 6 a.m. to 2 a.m.
Cordell Hull, Mile 313.5, Reservation Only, 7:30 to 2:30 p.m. Monday through Friday
This supersedes Notice to Navigation Notice 13:15 dated June 3, 2013. For more information contact the U.S. Army Corps of Engineers Nashville District Navigation Branch at 615-736-7996.",,,,,,,,,,,,,,,
1188079,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1188079/public-notice-no-17-12-file-no-lrn-2017-00287/,,lrn,Nashville District,Wilson,,,Public Notice No. 17-12,Public Notice No. 17-12; File No. LRN-2017-00287,,2017-06-19,2017-05-19,,,,,,,"Proposed discharge of fill material into waters of the U.S. to facilitate the reconstruction of SR-109, from south of Dry Fork Creek to south of Cumberland River, in Wilson County, Tennessee.
Public Notice No. 17-12
Nashville District
Application No. LRN-2017-00287
Date: May 19, 2017;Expires: June 19, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road
Nashville, Tennessee 37214-2660
SUBJECT: Proposed discharge of fill material into waters of the U.S. to facilitate the
reconstruction of SR-109, from south of Dry Fork Creek to south of Cumberland River, in Wilson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street, Suite 900, J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 3.727 mile project, located along the existing State Route (SR) 109, begins south of Dry Fork Creek, near Double Log Cabin Road, and ends south of the Cumberland River, near Wilson Road, located near Gallatin, within Wilson County, Tennessee.
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes to improve and widen SR-109, at the above described location in Wilson County, Tennessee. The project proposes the widening of the subject roadway from an existing two lane highway to a highway with a proposed typical section consisting of two 12-foot wide travel lanes in each direction, 12-foot wide
shoulders in each direction, a 12-foot wide continuous center turn lane, and curb and gutter as needed within a 180-foot minimum right-of-way. The total proposed length of roadway construction and improvements equals 3.727 miles. The estimated time for completing this project is 2.5 years. The project scope includes all associated drainage improvements. In order to facilitate the
project, the discharge of fill material is proposed within three (3) ephemeral streams, four (4) intermittent or perennial streams, one (1) open-water reservoir, and three (3) wetlands. A total of 0.301 acre of streams or 1,949 linear-feet of streams, a total of 1.843 acres of open water reservoir (Old Hickory Lake), and a total of 0.436 acre of wetland will be impacted by the proposed discharge of fill material. A complete set of project drawings for this public notice is located at: http://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the project application, the primary purpose of the proposed project is address transportation needs in the areas that have been identified. Presently, SR-109 functions at an unacceptable level of service which affects both the local and regional travel demands of the area. SR-109 serves as a “rural principal arterial”. SR-109 links the community of Gallatin to
I-40 to the south and provides a primary north-south route over the Cumberland River. The core transportation objectives of the proposed project are as follows: improve access to major destinations in and near Wilson County; improve the connection between I-40 and the SR-109 Bypass; and enhance regional and local mobility by improving the level of service on the roadway network.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
According to the applicant, all reasonable and practicable efforts were made to avoid and minimize impacts to jurisdictional waters. The applicant has examined alternatives to the proposed project, and has found no reasonable and feasible alternatives to the proposed impacts at the site. To minimize impacts to streams and wetlands, roadway side slopes of 1.5:1 are used, which is the steepest allowable for slope stability. Impacts to streams are further minimized by relocating streams, rather than complete filling, which will allow maintenance of flow through the impacted areas. To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. Only 50 acres of land disturbance are allowed at a time and all in-water construction activities will be done in the dry and separated from flowing water, to the maximum extent practicable. Standard Best Management Practices will be utilized to reduce erosion and sedimentation. In order to offset impacts to floodwater storage capacity at the Old Hickory Lake Project, the applicant proposes to excavate a flat bottom ditch along the edge of the road in the southeast quadrant of the bridge that crosses Old Hickory Lake; this will ensure no net loss in flood storage capacity within the reservoir. In order to minimize impacts of mature tree removal in the area of the proposed flat bottom ditch, the applicant proposes tree planting within select areas of the site.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 1,949 linear-feet of streams, the applicant proposes to generate 939 credits via off-site permittee- responsible compensatory mitigation at a stream mitigation site located at the McDonald property in Smith County, Tennessee. The mitigation site is located within the same HUC-8 watershed as the roadway
project. The site contains approximately 10,000 linear-feet of stream. Mitigation activities are to include restoration and enhancement of the existing stream segments. A compensatory mitigation plan is currently being developed for the site. To compensate for unavoidable permanent impacts to 0.436 acre of wetland, the applicant proposes debiting, at a 2:1 ratio, 0.87 acre from available
wetland credits at the Swamp Road Wetland Mitigation Bank, located near Eagleville, Rutherford County, Tennessee. The applicant proposes no compensatory mitigation for unavoidable permanent impacts to 1.843 acre of open water reservoir (Old Hickory Lake) since since flood storage capacity is maintained via construction of a flood storage offset basin within the project limits.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both
protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the
activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: In addition to the pending DA permit, the applicant has requested a modification to an existing U.S. Army Corps of Engineers (USACE) Real Estate easement (DACW62-2-15-0520). The requested modification would add 3.214 acres to the existing easement and include an additional 2.587 acres of temporary construction easement area. The USACE is soliciting
comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. In accordance with the Council on Environmental Quality (40 CFR 1500-1508) and USACE regulations (Engineer Regulation (ER) 200-2-2, dated 1988) for implementing
National Environmental Policy Act (NEPA), this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA.
The USACE Planning Branch will prepare an EA with No Action and action alternatives being evaluated for approval of the Real Estate easement modification. Any comments received will be considered by the USACE prior to a final decision concerning the authorization of the project,
i.e. the issuance, modification, or denial of the requested DA permit and Real Estate Instrument
modification. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: On behalf of the applicant, TRC Garrow Associates, Inc. completed a Phase I archaeological survey of the proposed site, with findings report dated February 2000. Subsequently a Phase II archaeological survey of the proposed site was completed, with findings reported dated October 2006. The applicant submitted the findings reports to the Tennessee State Historic Preservation Office (SHPO). In the response letter dated 12 October 2006, the SHPO indicated the project area contains no archaeological resources eligible for listing in the National Register of Historic Places.
The applicant completed an architectural assessment of the proposed site, with findings letterdated 18 May 2010. The applicant submitted the findings letter to the Tennessee State Historic Preservation Office (SHPO). In the response letter dated 26 May 2010, the SHPO indicated the
area of potential effects contains no architectural resources eligible for listing in the National
Register of Historic Places.
USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, USACE will evaluate potential impacts and consult with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
ENDANGERED/THREATENED SPECIES REVIEW: The applicant completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on 23 May 2012 and 10 February 2017. Additionally, the applicant conducted ESA field review on 01 February 2013. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of the potential effects of the project on endangered and threatened federally listed species within the action area. Listed species potentially located within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Flowering Plants
Spring creek bladderpod (Lesquerella perforate)
Endangered
Mammals
Gray Bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
The above described ESA documentation was provided to the USFWS for consultation. The USFWS concurred with the applicant’s effects determinations. In the response letter dated 02 June 2016, the USFWS wrote that, based upon the applicant’s commitment to implement appropriate avoidance and minimization measures, the requirements of Section 7 of the ESA have been satisfied.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to William Worrall, Nashville District Corps of Engineers, Regulatory Division, at the above address or email: William.E.Worrall@usace.army.mil.
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
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1764
172
1760
1887
45
1932
1932
86
1932
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WTL-1:
Area of permanent impact: 0.162 AC
Volume of permanent impact: 261 CY
Area of temporary impact: 0.0 AC
Volume of temporary impact: 0.0 CY
WWC-2/EPH-2:
Total existing length: 410 ft.
Total proposed length: 410 ft.
Includes: 324 ft open channel and 86 ft
culvert
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Public Notice # 17-12, File # LRN-2017-00287
Page 40 of 40",,,,,,William E Worrall,William.E.Worrall@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN Plans 17-12.pdf?ver=2017-05-19-162044-010,,,,,,
1212070,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1212070/public-notice-no-17-14-file-no-lrn-2007-02348/,,lrn,Nashville District,"Road
Jefferson",,,Public Notice No. 17-14,Public Notice No. 17-14; File No. LRN-2007-02348,,2017-07-12,2017-06-13,,,312,,,,"Proposed discharge of fill material into waters of the U.S. to facilitate the realignment and widening of SR 35 (US 411), from SR 92/Dickey Road to Grapevine Hollow Road, located near Chestnut Hill, within Jefferson County, Tennessee.
Public Notice No. 17-14
Nashville District
Application No. LRN-2007-02348
Date: June 12, 2017; Expires: July 12, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, Tennessee 37214-2660
SUBJECT: Proposed discharge of fill material into waters of the U.S. to facilitate the realignment
and widening of SR 35 (US 411), from SR 92/Dickey Road to Grapevine Hollow Road, located near Chestnut Hill, within Jefferson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Tennessee, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Department of Transportation
505 Deaderick Street,
Suite 900, J.K. Polk Building
Nashville, Tennessee 37243
LOCATION: The 2.58 mile project is located along a new alignment, north of the existing State Route (SR) 35 (US 411). The project begins at SR 92, near the intersection with Dickey Road, and ends at the recently widened section of SR 35, near the intersection with Norton Road, located near Chestnut Hill, within Jefferson County, Tennessee. Waters of the U.S. proposed for impact include
Clear Creek, unnamed tributaries to Clear Creek, and unnamed wetlands.
PROJECT DESCRIPTION: The Tennessee Department of Transportation (TDOT) proposes to realign and widen SR-35, at the above described location in Jefferson County, Tennessee. The project would be built on new alignment, due to constraints with the existing alignment, which prevents widening. The new alignment would consist of two different sections. The first section, running from SR
92/Dickey Road to approximately 1,000 feet west of Norton Road, would be comprised of four – 12 feet wide travel lanes (two in each direction), a 12 feet wide continuous left turn lane, 12 feet wide shoulders (10 feet stabilized) with guardrail as needed within a varying width right-of-way. The second section, from approximately 1,000 feet west of Norton Road to the recently widened
section of SR 35 east of Norton Road, would consist of varying width depressed median with four – 12 foot wide travel lanes (two in each direction), a 12 foot wide left turn lane (near Norton Road), and 6 feet wide inner shoulders (4 feet stabilized) and 12 feet wide outer shoulders (10 feet stabilized) with guardrail as needed within varying width right-of-way.
The total proposed length of roadway construction and improvements equals 2.58 miles. The
estimated time for completing this project is two years. The project scope includes all associated drainage improvements. In order to facilitate the project, the discharge of fill material is proposed within ten (10) ephemeral streams, eight (8) intermittent or perennial streams at nine (9) discrete locations, and five (5) wetlands. A total of 5,480 linear-feet of streams (1.05 acres) and a total of
2.80 acres of wetland would be permanently impacted by the proposed discharge of fill material. A complete set of project drawings for this public notice is located at: http://www.lrn.usace.army.mil/Media/Public-Notices/
PURPOSE AND NEED: According to the project application, the primary purpose of the proposed project is to improve an inefficient route. The existing roadway is two lanes, which are operating at a Class F Level of Service as defined by the American Association of State Highway and Transportation Officials (AASHTO). Class F Level of Service is the worst possible traffic flow rating and is
characterized by forced or breakdown flow, with a road in a constant traffic jam. To improve the operational functionality of the route, additional lanes are needed.
Along with operational efficiency improvements, the selected alternative would also improve safety,
local and regional accessibility, and correct existing geometric and route deficiencies.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
According to the applicant, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. Mitigation for these impacts has been proposed on the project site, where practicable. The applicant has examined several alternatives to the proposed project.
According to the applicant, widening the existing roadway was not an option due to various constraints such as residences, churches, businesses, and topography. Three build alternatives along with a “No Action” alternative were considered. Of the three build alternatives, TDOT’s preferred alignment was chosen because it avoided an eligible archaeological site and requires less maintenance of traffic during construction. The “No Action” alternative is not proposed by TDOT,
since it does not address the operational efficiency of the roadway.
To minimize impacts to streams and wetlands, steeper roadway side slopes of 3:1 and 2:1 are used, where practicable. Impacts to streams are further minimized by relocating streams, rather than complete elimination, which will allow maintenance of flow through the impacted areas.
According to the applicant, bottomless culverts and bridges were considered in order to minimize impacts to aquatic features; however, these structures were not used because of the lack of bedrock near the stream bottoms. The existing and proposed topography around the streams made the use of bottomless culverts or bridges cost ineffective and more costly than standard culverts.
To minimize erosion and avoid sediment release into waters of U.S., three phases of construction are designed and included in the construction plans. Only 50 acres of land disturbance are allowed at a time and all in-water construction activities will be done in the dry and separated from flowing water, to the maximum extent practicable. Standard Best Management Practices will be
utilized to reduce erosion and sedimention.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 5,480 linear-feet of streams, the applicant proposes off-site permittee-responsible compensatory mitigation at Hall Branch and Clear Creek, located on the Bush Brothers & Company property, near Chestnut Hill, in Jefferson County, Tennessee. The compensatory mitigation site is located in close proximity to the SR 35 improvement project, within the same HUC-8 watershed.
Mitigation activities are to include re-establishment, rehabilitation, and enhancement of approximately 5,060 linear-feet of degraded stream channel. TDOT states that the proposed re-
establishment, rehabilitation, and enhancement activities at Hall Branch and Clear Creek will generate more compensatory mitigation than needed for the current SR 35 project; thus, TDOT proposes to utilize any excess mitigation for the next section of future corridor improvements to SR 35. TDOT does not propose compensatory mitigation for impacts to the following ephemeral streams: EPH-17 (189 linear-feet of impact), EPH-18 (198 linear-feet of impact), EPH-25 (312 linear feet- of impact), and EPH-32 (255 linear-feet of impact). TDOT states that encapsulation and stream loss is less than 300 linear-feet for each of these streams, therefore these present a minimal adverse effect, and no mitigation is proposed. The U.S. Army Corps of Engineers (USACE) is currently reviewing the applicant’s permittee responsible compensatory mitigation plan for Hall Branch and Clear Creek.
To compensate for unavoidable permanent impacts to 2.80 acres of wetland, the applicant proposes debiting, at a 2:1 ratio, 5.59 acres from available wetland credits at the Lick Creek Wetland Mitigation Bank, located in Greene County, Tennessee.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based onan evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental
Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed road improvement and widening project. In accordance with the Council on Environmental Quality (40 CFR 1500-1508) and USACE regulations (Engineer Regulation (ER) 200-2-2, dated 1988) for implementing National Environmental Policy Act (NEPA), this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES:
An archaeological survey was conducted for the SR 35 corridor, which included this roadway project.From the survey, a site was identified within the project corridor as potentially eligible for listing in the National Register of Historic Places. The chosen alternative avoids the site.
The State Historic Preservation Office (SHPO) requested additional coordination providing proof that the project is avoiding the site. The follow up coordination was submitted to SHPO on 16 February 2017.
A historic architecture assessment was conducted by TDOT for this project in November 1999 and resurveyed in December 2015. The assessments identified a cultural resource eligible for listing in the National Register of Historic Places: the Hill-Hance House. In 2003, a Memorandum of Agreement (MOA) was signed by representatives of TDOT, the SHPO, and the Federal Highway Administration with measures including changing the alignment of the proposed roadway and leaving a hill slope with dense trees to avoid and minimize impacts to the Hill-Hance House. The SHPO reviewed the assessments and concluded, on 27 January 2016, that the project as proposed will not adversely affect this resource.
USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, USACE will evaluate potential impacts and consult with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
ENDANGERED/THREATENED SPECIES REVIEW: The applicant completed an Endangered Species Act (ESA) records review, by searching the TDEC Division of Natural Areas, Endangered Species Database, on 21 October 2014 and 17 February 2017. Additionally, the applicant conducted ESA field reviews in November 2014. Accordingly, effects determinations were made by the applicant for each species. The field review, records review, and accompanying effects determinations provide documentation of
the potential effects of the project on endangered and threatened federally listed species within the action area. Listed species potentially located within a four-mile radius of the project site include:
Species Nomenclature
Federal Status
Mussels
Appalachian elktoe (Alasmidonta raveneliana)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
There is no critical habitat designated within the project area.
The above described ESA documentation was provided to the USFWS for consultation. In order to determine the presence of bats, a mist netting survey was performed 4-10 June 2015 at three sites along the project. The survey netted 24 bats, none of which were listed species. The survey information was provided to the U.S. Fish and Wildlife Service (USFWS) on 24 October 2015. On 9
November 2017, the USFWS concurred with TDOT’s determination of “not likely to adversely affect” for the Indiana bat and northern long-eared bat based on the negative survey results. The USFWS also wrote “we are unaware of any federally listed species that would be impacted…the requirements of Section 7 of the ESA are fulfilled.”
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the administrative record and will be considered in the determination. Any response to this notice should be directed to William Worrall, Nashville District Corps of Engineers, Regulatory Division, at the above address, at 615-369-7500, or via email:
william.e.worrall@usace.army.mil.
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
Public Notice # 17-14, File # LRN-2007-02348
Page 1 of 50
Public Notice # 17-14, File # LRN-2007-02348
STR-19
Individual ARAP
Individual 404
Section 26a
WWC-32/EPH-32
Individual 404
WTL-9
Individual ARAP
Individual 404
STR-10
Individual ARAP
Individual 404
Section 26a
Matchline See Sheet 2
STR-12 (2nd Impact)
Individual ARAP
Individual 404
Section 26a
STR-13 & WWC-33/EPH-33
Individual ARAP
Individual 404
WTL-14
Individual ARAP
Individual 404
STR-11
Individual ARAP
Individual 404
WWC-34/EPH-34
Individual 404
WWC-25/EPH-25
Individual 404
WWC-17/EPH-17
WWC-18/EPH-18
Individual 404
Begin Project
Sta. 249+15.00
STR-17
Individual ARAP
Individual 404
Section 26a
WTL-10
Individual ARAP
Individual 404
STR-15
Individual ARAP
Individual 404
WWC-21/EPH-21
Individual 404
WTL-7
Individual ARAP
Individual 404
STR-12
Individual ARAP
Individual 404
Section 26a
STR-14
Individual ARAP
Individual 404
CHESTNUT HILL, TN QUADRANGLE 164-NE
APPLICATION BY:
TENNESSEE DEPARTMENT OF TRANSPORTATION
PIN: 101401.02
Project #: 45007-1212-04
SR 35 (US 411), from SR 92/Dickey Road to Grapevine Hollow Road
Jefferson County
Near: Chestnut Hill, Tennessee
Sheet 1 of 2
0
2,000
4,000
6,000
8,000
Feet
Copyright: © 2013 National Geographic Society
Page 2 of 50
Public Notice # 17-14, File # LRN-2007-02348
WWC-38/EPH-38
Individual 404
End Project
Sta. 385+45.68
Matchline See Sheet 1
WTL-16
Individual ARAP
Individual 404
WWC-39/EPH-39
Individual 404
WWC-37/EPH-37
Individual 404
CHESTNUT HILL, TN QUADRANGLE 164-NE
APPLICATION BY:
TENNESSEE DEPARTMENT OF TRANSPORTATION
PIN: 101401.02
Project #: 45007-1212-04
SR 35 (US 411), from SR 92/Dickey Road to Grapevine Hollow Road
Jefferson County
Near: Chestnut Hill, Tennessee
Sheet 2 of 2
0
2,000
4,000
6,000
8,000
Feet
Copyright: © 2013 National Geographic Society
Page 3 of 50
Perennial
Stream
Sta.259+97.00Lt.to
263+06.00Rt.(SR35)
Sta.261+85.00Rt.to WWC21/
263+31.00Rt.(SR35) EPH21
2b
2c
Ephemeral
Stream
Ephemeral
Stream
Sta.22+43.00Rt.to WWC18/
24+32.00Lt.(SR92)
EPH18
1b
STR10
Ephemeral
Stream
Feature Jurisdictional
Name Determination
Sta.24+03.00Lt.to WWC17/
25+45.00Lt.(SR92)
EPH17
Stationing
1a
Location
#
35.9308°
35.9308°
Latitude
N/A
35.9323°
TN06010107029T
35.9323°
_1200
N/A
N/A
WaterbodyID
LocationInformation
83.3479°
83.3488°
83.3537°
83.3525°
Longitude
0.008
0.009
0.266
0.010
Stream
Relocation
Stream
Relocationand
Encapsulation
Encapsulation,
streamloss
andriprapin
channel
Complete
channelloss
dueto
roadwayfill
Y
1272cyofconcrete
forreinforced
concreteboxbridge.
85cyofclass'C'rip
rapimbeddedatthe
inletandoutletof
proposedRCBB.85
cyofexistingstream
bedtoberemoved
toplacetheriprap.
12.2cyoffillfor
streamloss.Total
fillis1369.2cy.
Page 4 of 50
Page1of5
Y
Y
230cyofclass'B'rip
rapimbeddedinthe
relocatedstream.
230cyofexisting
soiltoberemoved
toplacetheriprap.
6cyofconcretefor
culvertand
endwalls.Totalfillis
236cy.
5.7cyoffillfor
streamloss.
Y
263cyofclass'B'rip
rapimbeddedinthe
relocatedstream.
263cyofexisting
soiltoberemoved
toplacetheriprap.
1.3cyoffillfor
streamloss.Total
fillis264.3cy
154
527
198
189
Total
Impact
Existing
Acreage
Corps
BriefImpact
FillVolumesbelow
Impact
toWaters
Notification
Description
OHW(cy.)
Stream
oftheUS
(Y/N)
Length
(ac.)
(ft.)
ImpactDescription
FEATURESUMMARYTABLE:
0
516
212
142
Total
Proposed
Impact
Stream
Length(ft.)
MitigationDescription
0
82
124
142
0
404
0
0
154
11
0
0
0
415
0
0
39
415
0
0
InKind
Stream TotalCompensatory
Encapsul.
MitigationCredits
Stream
Length
Length@
Needed
Replace.
Losses@
1.0Ratio
Length
1.0Ratio
Corpsof
(ft.)
TDEC
(ft.)
(ft.)
Engineers
(SummaryTableStreamsFEATURES)
WWC21/EPH21
connectstoSTR10
andWTL9sothe
impactsare
cumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
Cumulativeimpactsto
WWC17/EPH17and
WWC18/EPH18are
lessthan300linear
feetsomitigationnot
required.
LocationSpecific
Miscellaneous
Comments
Comments
Public Notice # 17-14, File # LRN-2007-02348
Ephemeral
Stream
Sta.314+56.00Lt.to WWC32/
313+63.00Rt.(SR35) EPH32
STR13& Intermittent&
Sta.321+29.00Lt.to
WWC33/ Ephemeral
320+59.00Rt.(SR35)
EPH33
Stream
3
5
6a
Feature Jurisdictional
Name Determination
Ephemeral
Stream
Stationing
Sta.281+02.00Rt.to WWC25/
281+34.00Rt.(SR35) EPH25
Location
#
N/A
N/A
N/A
WaterbodyID
LocationInformation
35.9359°
35.9358°
35.9345°
Latitude
83.3292°
83.3322°
83.3424°
Longitude
0.035
0.014
Encapsulation
andriprapin
channel
0.021
Encapsulation
Encapsulation
andchannel
loss
Y
Y
18.5cyofconcrete
forreinforced
concretepipeand
endwalls.7.4cyof
class'B'riprap
imbeddedatthe
outletofthe
proposedRCP.7.4
cyofexistingground
willberemovedto
placeriprap.Total
fillis25.9cy.
14.4cyofconcrete
forreinforced
concretepipeand
endwall.0.7cyof
class'B'riprap
imbeddedatthe
inletoftheproposed
RCP.0.7cyof
existingstreambed
willberemovedto
placeriprap.Total
fillis15.1cy.
Page2of5
Y
10.2cyofconcrete
forreinforced
concretepipeand
endwalls.8.4cyof
class'B'riprap
imbeddedatthe
inletandoutletof
theproposedRCP.
8.4cyofexisting
streambedtobe
removedtoplacerip
rap.0.7cyoffillfor
streamloss.Total
fillis19.3cy.
282
255
312
Total
Impact
Existing
Acreage
Corps
BriefImpact
FillVolumesbelow
Impact
toWaters
Notification
Description
OHW(cy.)
Stream
oftheUS
(Y/N)
Length
(ac.)
(ft.)
ImpactDescription
FEATURESUMMARYTABLE:
390
285
292
Total
Proposed
Impact
Stream
Length(ft.)
0
0
0
InKind
Stream
Replace.
Length
(ft.)
282
0
0
0
0
0
124
0
0
164
0
0
Stream TotalCompensatory
Encapsul.
MitigationCredits
Length
Length@
Needed
Losses@
1.0Ratio
1.0Ratio
Corpsof
(ft.)
TDEC
(ft.)
Engineers
MitigationDescription
(SummaryTableStreamsFEATURES)
STR13andWWC
33/EPH33connectto
STR12sotheimpacts
arecumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
Encapsulationand
streamlossisless
than300linearfeetso
mitigationisnot
required.
Encapsulationand
streamlossisless
than300linearfeetso
mitigationisnot
required.
LocationSpecific
Miscellaneous
Comments
Comments
Public Notice # 17-14, File # LRN-2007-02348
Page 5 of 50
STR12
STR14
Stationing
Sta.32+73.00Rt.to
33+69.00Lt.(SR35)
Sta.328+40.00Lt.to
326+94.00Rt.(SR35)
Sta.331+41.00Lt.to WWC34/
331+84.00Rt.(SR35) EPH34
6b
6c
7a
Ephemeral
Stream
Intermittent
Stream
Perennial
Stream
Feature Jurisdictional
Name Determination
Location
#
Latitude
N/A
N/A
35.9364°
35.9350°
TN06010107029T
35.9348°
_1250
WaterbodyID
LocationInformation
83.3259°
83.3276°
83.3335°
Longitude
0.035
0.059
Encapsulation
andriprapin
channel
Channelloss
0.080
Encapsulation
andriprapin
channel
Y
Y
27.8cyofconcrete
forreinforced
concretepipeand
endwalls.15.6cyof
class'B'riprap
imbeddedatthe
outletofthe
proposedRCP.15.6
cyofexistingstream
bedwillberemoved
toplaceriprap.
Totalfillis43.4cy.
2cyoffillforstream
loss.
Page3of5
Y
50.3cyofconcrete
forreinforced
concretepipeand
energydissipator.
11.1cyofclass'B'
riprapimbeddedat
theinletofthe
proposedRCP.11.1
cyofexistingstream
bedwillberemoved
toplaceriprap.
Totalfillis61.4cy.
106
259
248
Total
Impact
Existing
Acreage
Corps
BriefImpact
FillVolumesbelow
Impact
toWaters
Notification
Description
OHW(cy.)
Stream
oftheUS
(Y/N)
Length
(ac.)
(ft.)
ImpactDescription
FEATURESUMMARYTABLE:
0
290
249
Total
Proposed
Impact
Stream
Length(ft.)
0
0
0
0
266
219
106
0
0
0
266
219
27
266
219
InKind
Stream TotalCompensatory
Encapsul.
MitigationCredits
Stream
Length
Length@
Needed
Replace.
Losses@
1.0Ratio
Length
1.0Ratio
Corpsof
(ft.)
TDEC
(ft.)
(ft.)
Engineers
MitigationDescription
(SummaryTableStreamsFEATURES)
WWC34/EPH34
connectstoSTR15so
theimpactsare
cumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
LocationSpecific
Miscellaneous
Comments
Comments
Public Notice # 17-14, File # LRN-2007-02348
Page 6 of 50
STR15
STR17
STR12
Sta.333+18.00Lt.to
331+69.00Rt.(SR35)
Sta.341+98.00Lt.to
341+95.00Rt.(SR35)
Sta.352+09.00Lt.to
350+43.00Rt.(SR35)
7b
8
9b
Perennial
Stream
Perennial
Stream
Intermittent
Stream
Feature Jurisdictional
Name Determination
Stationing
Location
#
35.9375°
35.9355°
Latitude
TN06010107029T
35.9387°
_1250
NotAssessed
N/A
WaterbodyID
LocationInformation
83.3198°
83.3226°
83.3259°
Longitude
0.036
0.088
0.091
Encapsulation
andriprapin
channel
Encapsulation,
streamloss
andriprapin
channel
Encapsulation,
streamloss
andriprapin
channel
Page 7 of 50
Y
Y
38.6cyofconcrete
forreinforced
concretepipeand
endwalls.25cyof
class'B'riprap
imbeddedatthe
outletofthe
proposedRCP.25cy
ofexistingstream
bedwillberemoved
toplaceriprap.
18.7cyoffillfor
streamloss.Total
fillis82.3cy.
191.5cyofconcrete
forreinforced
concretepipeand
energydissipator.
7.3cyofclass'B'rip
rapimbeddedatthe
outletoftheenergy
dissipator.7.3cyof
existingstreambed
willberemovedto
placeriprap.9.3cy
offillforstreamloss.
Totalfillis208.1cy.
Page4of5
Y
21.2cyofconcrete
forreinforced
concretepipeand
endwalls.7.8cyof
class'B'riprap
imbeddedatthe
outletofthe
proposedRCP.7.8
cyofexistingstream
bedwillberemoved
toplaceriprap.1.2
cyoffillforstream
loss.Totalfillis30.2
cy.
330
268
261
Total
Impact
Existing
Acreage
Corps
BriefImpact
FillVolumesbelow
Impact
toWaters
Notification
Description
OHW(cy.)
Stream
oftheUS
(Y/N)
Length
(ac.)
(ft.)
ImpactDescription
FEATURESUMMARYTABLE:
320
254
258
Total
Proposed
Impact
Stream
Length(ft.)
MitigationDescription
0
0
0
313
215
230
10
14
3
323
229
233
323
229
233
InKind
Stream TotalCompensatory
Encapsul.
MitigationCredits
Stream
Length
Length@
Needed
Replace.
Losses@
1.0Ratio
Length
1.0Ratio
Corpsof
(ft.)
TDEC
(ft.)
(ft.)
Engineers
(SummaryTableStreamsFEATURES)
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
Streamimpactswillbe
offsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
LocationSpecific
Miscellaneous
Comments
Comments
Public Notice # 17-14, File # LRN-2007-02348
N/A
Ephemeral
Stream
Ephemeral
Stream
Sta.365+08.00Lt.to WWC38/
365+39.00Rt.(SR35) EPH38
Sta.365+50.00Rt.to WWC39/
370+98.00Lt.(SR35) EPH39
STR11
(Unnamed
Sta.306+23.00Lt.to
Intermittent
tributary
308+07.00Rt.(SR35)
Stream
toClear
Creek)
10c
10d
11
N/A
Ephemeral
Stream
N/A
N/A
NotAssessed
Sta.364+44.00Rt.to WWC37/
364+44.00Rt.(SR35) EPH37
Perennial
Stream
10b
STR19
10a
WaterbodyID
Sta.27+20.00Rt.to
27+89.00Lt.(Fine
HollowRoad)
Sta.360+36.00Lt.to
365+29.00Lt.(SR35)
Feature Jurisdictional
Name Determination
Stationing
Location
#
LocationInformation
35.9369°
35.9401°
35.9406°
35.9398°
35.9397°
Latitude
83.3346°
83.3153°
83.3158°
83.3156°
83.3189°
Longitude
0.028
1.053
ProjectTotals:
0.039
0.007
0.004
0.223
Culvert
replacement
Channelloss
Channelloss
Channelloss
Encapsulation,
stream
relocation,
streamloss
andriprapin
channel
Y
Y
4.3cyoffillfor
streamloss.
84.9cyoffillfor
streamloss.
Page 8 of 50
Page5of5
2617
Y
Y
5.6cyoffillfor
streamloss.
Nonewfillsince
proposedculvertis
beingplacedinsame
locationasexisting
Y
44.9cyofconcrete
forreinforced
concretepipe.63.3
cyofclass'B'riprap
imbeddedatthe
outletsofthe
proposedRCPs.63.3
cyofexistingstream
bedwillberemoved
toplaceriprap.51
cyoffillforstream
loss.Totalfillis
159.2cy.
5,480
562
573
103
44
809
Total
Impact
Existing
Acreage
Corps
BriefImpact
FillVolumesbelow
Impact
toWaters
Notification
Description
OHW(cy.)
Stream
oftheUS
(Y/N)
Length
(ac.)
(ft.)
ImpactDescription
FEATURESUMMARYTABLE:
4,529
562
0
52
0
707
Total
Proposed
Impact
Stream
Length(ft.)
MitigationDescription
710
0
0
52
0
310
2,250
0
0
0
0
321
1,068
0
573
51
44
102
2,232
0
0
0
0
423
2,504
0
143
13
11
423
InKind
Stream TotalCompensatory
Encapsul.
MitigationCredits
Stream
Length
Length@
Needed
Replace.
Losses@
1.0Ratio
Length
1.0Ratio
Corpsof
(ft.)
TDEC
(ft.)
(ft.)
Engineers
(SummaryTableStreamsFEATURES)
Replacingexisting
culvertwithproposed
culvert.Nonew
impactstostream.
WWC39/EPH39
connectstoSTR19so
theimpactsare
cumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
WWC38/EPH38
connectstoSTR19so
theimpactsare
cumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
WWC37/EPH37
connectstoSTR19so
theimpactsare
cumulatedforall
features.The
combinedimpactsare
greaterthan300ft.so
mitigationisrequired.
Wherepossible,in
kindstream
replacementwillbe
used.Streamimpacts
willbeoffsetby
rehabilitatingClear
CreekandHallBranch
siteonBushBrothers
property.
LocationSpecific
Miscellaneous
Comments
Comments
Public Notice # 17-14, File # LRN-2007-02348
Feature
Name
WTL7
WTL9
WTL10
WTL14
WTL16
Location#
2a
2d
4
9a
10e
35.9316°
35.9324°
35.9356°
35.9388°
35.9408°
Latitude
1.550
0.673
0.024
0.292
0.257
2.796
ProjectTotals:
Longitude
WETLANDSUMMARYTABLE:
4512.0
2501.0
1086.0
39.0
471.0
415.0
0.000
0.000
0.000
0.000
0.000
0.000
Page1of1
2.796
1.550
0.673
0.024
0.292
0.257
5.59
3.10
1.35
0.05
0.58
0.51
LickCreek
LickCreek
LickCreek
LickCreek
LickCreek
WetlandMitigationBankName
MitigationDescription
Impact
VolumeofFill Temporary
Permanent
WetlandDebit
Acreageto basedon1ft.
Wetland
WetlandImpact (ac.)(@2:1
Watersof depth(cubic ImpactArea
Area(ac.)
ratio)
theUS(ac.)
yards)
(ac.)
83.3496°
83.3469°
83.3341°
83.3200°
83.3137°
LocationInformation
(SummaryTableWTLsONLY)
LocationSpecific
MiscellaneousComments
Comments
Public Notice # 17-14, File # LRN-2007-02348
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Page 50 of 50",60101070,,,,,William E Worrall,william.e.worrall@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-14.pdf?ver=2017-06-13-110102-650,,,,,,
1226973,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1226973/public-notice-no17-16-file-no-lrn-2015-00919/,,lrn,Nashville District,Madison,-86.7616,34.7026,Public Notice No.17-16,Public Notice No.17-16; File No. LRN-2015-00919,,2017-07-23,2017-06-23,,,507,,,,"Proposed discharge of fill material into 1.15 acres of wetlands and 0.26 acres of an open pond for a total of 1.41 acres. The work is associated with the construction of the Willow Creek Phase II single family residential development located in the City of Madison, Madison County, Alabama.
Public Notice No.17-16
Nashville District
Application No. LRN-2015-00919
Date: June 23, 2017; Expires; July 23, 2017
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road, Nashville, TN 37214
Attn: Floyd M. Carnes
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
STATE OF ALABAMA
SUBJECT: Proposed discharge of fill material into 1.15 acres of wetlands and 0.26 acres of an open pond for a total of 1.41 acres. The work is associated with the construction of the Willow Creek Phase II single family residential development located in the City of Madison, Madison County, Alabama.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Alabama, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Jeff Benton Homes
C/O Mr. Jeff Benton
809 Shoney Drive, Suite 200
Huntsville. Alabama 35801
LOCATION: The project is located south of Browns Ferry Road and east of Shiloh Creek Drive in Madison, Madison County, Alabama. The wetland and open pond are adjacent to an Unnamed Tributary of Mill Creek.
USGS Quadrangle: Madison AL. Latitude: 34.7026, Longitude:-86.7616
DESCRIPTION: The applicant has proposed to discharge fill material into 1.15 acres of wetlands and 0.26 acres of an open pond for a total of 1.41 acres of impacts to waters of the United States in order to facilitate the construction of a portion of the proposed residential housing development. The deposit of fill material into the wetland and open pond is affected by the development of the upland portion of 11 lots, of the 21.9 acre Willow Creek Phase II Subdivision, which consists of the 44 lots. The regulated activity consists of the discharge of fill material into 1.41 acres of waters of the US (1.15 acres of wetlands and 0.26 acres of open pond) for the construction of a portion of the proposed subdivision. The project site is bound to the north by Shiloh Run Subdivision and a portion of Willow Creek Subdivision Phase I, to the east Shiloh Creek Drive, to the south by private property and to the west by Willow Creek Subdivision Phase I.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the proposed work consists of the development of an approximate 21.9 acre site for the Willow Creek Phase II Subdivision to construct residential housing for the Huntsville/Madison County housing market.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant would avoid 507 linear feet of an Unnamed Tributary of Mill Creek.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant is currently in the process of determining a compensatory mitigation plan that would include permittee responsible mitigation, the purchase of wetland mitigation credits or a
combination of both.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments
are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The USACE is requesting that a Phase I Cultural Resource Survey to be conducted to identify any historic properties that may be affected by the proposed project. The USACE invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. The USACE will review the survey results, evaluate potential impacts and consult with the State Historic Preservation Officer and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the State Historic Preservation Officer (SHPO) and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates the presence of several federally listed endangered species in the vicinity of the action area. A review of the USFWS website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed action:
Species
Federal Status
Alabama lampmussel (Lampsilis virescens)
Endangered
Pale lilliput (pearlymussel) (Toxolasma cylindrellus)
Endangered
Pink mucket (pearlymussel) (Lampsilis abrupta)
Endangered
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Rough Pigtoe Pleurobema plenum
Endangered
Shiny pigtoe (Fusconaia cor)
Endangered
Spectaclecase (mussel) Cumberlandia monodonta
Endangered
Slabside Pearlymussel (Pleuronaia dolabelloides)
Endangered
Snuffbox mussel (Epioblasma triquetra)
Endangered
Rabbitsfoot (Quadrula cylindrica cylindrica)
Threatened
Sheepnose Mussel (Plethobasus cyphyus)
Endangered
Alabama cave shrimp (Palaemonias alabamae)
Endangered
American hart's-tongue fern (Asplenium scolopendrium var. americanum)
Threatened
Snail darter (Percina tanasi)
Threatened
Spotfin Chub (Erimonax monachus)
Threatened
Slackwater darter (Etheostoma boschungi)
Threatened
Palezone shiner (Notropis albizonatus)
Endangered
Spring pygmy sunfish (Elassoma alabamae)
Threatened
Price's potato-bean (Apios priceana)
Threatened
White fringeless orchid (Platanthera integrilabia)
Threatened
Morefield's leather flower (Clematis morefieldii)
Endangered
Gray Bat Myotis grisescens
Endangered
Indiana Bat Myotis sodalis
Endangered
Northern Long-eared Bat Myotis septentrionalis
Threatened
Anthony's riversnail (Athearnia anthonyi)
Endangered
Armored snail (Pyrgulopsis (=Marstonia) pachyta)
Endangered
Slender campeloma (Campeloma decampi)
Endangered
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the Alabama Department Environmental Management (ADEM) is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before July 23, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-16.pdf?ver=2017-06-23-111601-537,,,,,,
1229666,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1229666/public-notice-no-17-15-file-no-lrn-2017-00187/,,lrn,Nashville District,Hardin,,,Public Notice No. 17-15,Public Notice No. 17-15; File No. LRN-2017-00187,,2017-07-21,2017-06-26,,,656,,,,"Proposed Upgrades to Pickwick Landing Dam at Tennessee River Mile 206.8, Hardin County, Tennessee (Pickwick Dam South Embankment Seismic Upgrade Project)
Public Notice No. 17-15
Nashville District
Application No. LRN-2017-00187
Please address all comments to: Nashville District Corps of Engineers,
Regulatory Branch, 3701 Bell Road,
Nashville, TN 37214 (Attn: Lisa R. Morris)
SUBJECT: Proposed Upgrades to Pickwick Landing Dam at Tennessee River Mile 206.8, Hardin County, Tennessee (Pickwick Dam South Embankment Seismic Upgrade Project)
TO ALL CONCERNED: The project described below has been submitted for a Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Tennessee Valley Authority
Attn: John Kammeyer
1101 Market Street, LP, 5D
Chattanooga, TN 37402
LOCATION: Tennessee River Mile 206.6, Pickwick Lake, Hardin County, Tennessee. Lat: 35.063523, Lon: -88.246762.
DESCRIPTION: TVA is proposing upgrades to the south embankment of the Pickwick Landing Dam to improve performance of the dam during and following a large earthquake, should one occur. To buttress the structure:
Upstream side (Pickwick Lake Side) of the South Embankment: Riprap and crushed stone would be placed on the upstream side of the embankment. Approximately 439,150 cubic yards fill would be placed below the ordinary high water mark elevation of 414’, extend 568’ into the lake, and displace approximately 14.7 acres of open water reservoir. In order to prevent the new underwater fill from being a navigation hazard, a riprap berm would be constructed on top of the fill (to provide a physical and visual barrier for boaters. The navigation berm would have a top elevation 420’, which is approximately 6’ above the ordinary high water mark elevation of 414’.
Downstream side of the South Embankment: Structural fill material (sand, gravel, silt, and clay) would be placed into wetlands and stream channels on the downstream side (Kentucky Lake side) of the embankment. Wetlands 003 (1.3 acres) and 004 (0.8 acres) would be completely filled and Wetland 001would have a permanent loss of 0.1 acres and temporary impacts to 0.1 acres. W002 would have temporary impacts to 0.5 acres. Impacts at W001 are required in order to maintain a cleared 50’ right-of-way, along the toe of the constructed buttress, for vehicular access and long-term monitoring. Temporary impacts at W001 is from right-of-way clearing. In addition, the fill would require the encapsulation of approximately 656 linear feet of perennial stream channel and
loss of approximately 2.2 acres of wetlands, as shown in Table 1. Approximately 130 linear feet of Stream 7 and 526 linear feet of Stream 8 would be encapsulated. Each of these streams are man-made and are part of the toe drain system of the dam to carry seepage away from the toe.
TVA proposes to initiate construction in late 2017 and conclude in late 2021. TVA would continue normal operations of the Pickwick Dam during construction. General plans of the work are attached.
Table 1: Locations, Proposed Wetland and Stream Impacts, and Compensatory Mitigation
Location Information Mitigation Description
Feature Name
Total Existing Area
Permanent Loss
Temporary Impact
Credits
Mitigation Type
Wetland 001
2.7 ac.
0.1 ac.
0.1 ac.
0.2 (2:1)
TMF1
Wetland 002
8.1 ac.
-
0.5 ac.
-
Wetland 003
1.3 ac.
1.3 ac.
-
2.6 (2:1)
TMF
Wetland 004
0.8 ac.
0.8 ac
-
0.16 (2:1)
TMF
Total
2.2 ac.
4.4 advanced wetland mitigation credits
Stream 7
encapsulation
130 LF
-
130
TSMP2
Stream 8
encapsulation
526 LF
-
526
TSMP
Total
656 LF
656 stream ILF credits
Open Water
Pickwick Reservoir
14.7 ac.
-
N/A
Total Open Water Loss
14.7 ac.
1 Tennessee Mitigation Fund (Lower Tennessee River Service Area, - Beech River watershed, 06040001)
2 Tennessee Stream Mitigation Program (In-Lieu Fee, Lower Tennessee Service Area)
COMPENSATORY MITIGATION: According to the application, TVA has reserved and proposes to mitigate, in the Lower Tennessee service area, for permanent wetland and stream losses as follows:
Mitigation Bank Credit Purchase: Prior to initiating the authorized work in waters of the U.S., the permittee is proposing to purchase 4.4 mitigation bank credits from the Tennessee Mitigation Fund Mitigation Bank.
In-Lieu Fee Program (ILF) Credit Purchase: Prior to initiating the authorized work in waters of the U.S., the Permittee is proposing to purchase 656 stream ILF credits from the Tennessee Stream Mitigation Program ILF.
TVA does not propose compensatory mitigation for the loss of open water.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant has designed the project site to minimize impacts to waters of the U.S. by minimizing the amount of riprap and other filling activities to the amount necessary to stabilize the south embankment.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must
be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by Administrator Environmental Protection Agency under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The U.S. Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used
to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to afinal decision concerning issuance or denial of the requested DA Permit.
USACE/TVA MEMORANDUM OF UNDERSTANDING (MOU) FOR TVA WORK: For activities of TVA for which a DA permit is requested or required, USACE’s and TVA’s Memorandum of Understanding designates TVA as the lead Federal Agency for the coordination and conduct of all environmental reviews required for compliance under the National Environmental Policy Act, including Section 7 of the Endangered Species Act (ESA) and Section 106 of the Historic Preservation Act.
ENDANGERED/THREATENED SPECIES: With respect to Section 7 of the ESA, TVA provided (with their application) their determinations and previous coordination with the U.S. Fish and Wildlife Service (USFWS) on the subject project. In a letter dated October 27, 2016, USFWS concurred with TVA’s findings and indicated TVA had fulfilled its obligations pursuant to Section 7 of the ESA.
HISTORIC AND CULTURAL RESOURCES: With respect to Section 106 of the Historic Preservation Act, TVA provided (with their application) their determinations and documentation of previous consultation with the Tennessee Historical Commission and other consulting parties on the subject project. By letter dated June 26, 2016, the Tennessee Historical Commission concurred with TVA’s determination that no historic properties eligible for listing in the National Register of Historic Places would be impacted.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals are required for the work including:
Water Quality Certification that applicable water quality standards are not violated by the process from TDEC pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
If you received this notice by mail and wish to view all of the attachments, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Lisa Morris, at 615-369- 7504, or email lisa.r.morris@usace.army.mil, and reference Public Notice 17-15.
COMMENT PERIOD: Written statements received in this office on or before July 21, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attn: Lisa Morris, at the above address, telephone 615-369-7504.
/s/
Timothy Wilder
Chief, West Branch
Regulatory Division
Nashville District Corps of Engineers",06040001,,,,,Lisa R Morris,lisa.r.morris@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-15.pdf?ver=2017-06-23-105257-813,,,,,,
1231012,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1231012/public-notice-no-16-43/,,lrn,Nashville District,,,,,Public Notice No. 16-43,,,2017-06-27,,,,,,,"Acceptance of Funds from the Tennessee Department of Transportation
Public Notice No. 16-43
Nashville District
June 27, 2017
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Lisa R. Morris)
32701 Bell Road, Nashville, Tennessee 37214
SUBJECT: Acceptance of Funds from the Tennessee Department of Transportation
The purpose of this Special Public Notice is to inform the public that the U.S. Army Corps of Engineers, Nashville District (Corps) has decided to accept and expend funds contributed by the Tennessee Department of Transportation (TDOT). The funds would be used to expedite processing of TDOT Department of the Army (DA) permit applications.
Section 214 authorizes the Secretary of the Army to accept and expend funds contributed by a non-Federal public entity, following a public notice, to expedite the evaluation of permit applications of that entity related to a project or activity for a public purpose under the
jurisdiction of the DA. In doing so, the Secretary must ensure that the use of such funds will not impact impartial decision-making with respect to permits, either substantively or procedurally. The Secretary of the Army has delegated this responsibility to the Chief of Engineers and his authorized representatives, including District Commanders of the U.S. Army Corps of Engineers.
On October 23, 2015, the Corps issued a public notice announcing its preliminary intent to accept funds contributed by TDOT to expedite processing of TDOT DA permit applications. The Nashville District received no comments in response to the public notice regarding acceptance of funds from TDOT.
The Nashville District's acceptance of funds is expected to expedite the processing of TDOT DA permit applications in accordance with the provisions of Section 214. Funds will be expended primarily on the direct labor and overhead of Corps Regulatory personnel evaluating TDOT’s DA permit applications.
To ensure that the funds will not impact impartial decision-making, the following procedures will apply:
a. In cases where funds provided to the Corps by TDOT are used, all final permit decisions, including reporting general permit verifications, will be reviewed and signed by at least one level above the decision maker, unless the decision maker is the District Commander.
b. All jurisdictional determinations made on projects where funds are used will have documentation that a non-funded Regulator reviewed the determination.
c. All final permit decisions, including all reporting general permit verifications, for cases where these funds are used will be made available and updated monthly on an appropriate web page in an area separate from any other final actions, clearly identifiable as being for projects funded through this authority.
d. Any procedures or decisions that would otherwise be required for a specific type of project or permit under consideration cannot be eliminated; however, process improvements that are developed can be shared for all members of the regulated public to benefit.
e. The Corps will comply with all applicable laws and regulations.
f. Funds will not be expended for the review of the decision maker’s decision.
g. Funds will not be used for enforcement activities.
In light of the above facts, the Nashville District Commander has determined that acceptance and expenditure of funds contributed by TDOT to expedite processing of TDOT’s permit applications is in the general public’s interest.
For additional information, please contact Lisa Morris, of my staff, at (615) 369-7504, or email Lisa.R.Morris@usace.army.mil.
/s/
Tammy R. Turley
Chief, Regulatory Division
US Army Corps of Engineers",,,,,,Lisa R Morris,Lisa.R.Morris@usace.army.mil,,,,,,,,
1274229,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1274229/draft-environmental-assessment-for-proposed-state-route-109-sr-109-highway-impr/,,lrn,Nashville District,Wilson,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for Proposed State Route 109 (SR-109) Highway Improvement and Widening Project, Old Hickory Lake, Wilson County, Tennessee",,2017-09-01,2017-08-10,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed widening of SR-109 from two lanes to five for approximately 3.727 miles between the SR-109 junctions with Double Log Cabin Rd. and Wilson Rd. in Wilson County, Tennessee.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed widening of SR-109 from two lanes to five for approximately 3.727 miles between the SR-109 junctions with Double Log Cabin Rd. and Wilson Rd. in Wilson County, Tennessee. The Corps seeks public comment for these documents.",,,,,,,,,"http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/4628
http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/4627
http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/4626",,,,,,
1278681,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1278681/scoping-letter-seeking-public-comment-for-city-of-gallatin/,,lrn,Nashville District,Sumner,,,,Scoping letter seeking public comment for city of Gallatin,,2017-09-18,2017-08-10,,,,,,,"The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for alternatives for detention structures located in Gallatin's Triple Creek Park in Tennessee on two unnamed tributary creeks.
The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for alternatives for detention structures located in Gallatin's Triple Creek Park in Tennessee on two unnamed tributary creeks.
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
110 9TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TENNESSEE 37203
IN REPLY REFER TO
AUG 1,.0' 2017
Project Planning Branch
TO ALL INTERESTED PARTIES:
The U.S. Almy Corps of Engineers, Nashville District in accordance with the National
Environmental Policy Act (NEPA) is preparing a Feasibility Study and Environmental
Assessment (EA) to assess the impacts of proposed flood risk management (FRM) measures for
the City of Gallatin, Sumner County, Tennessee (enclosure 1). The EA would provide the basis
for a decision whether to proceed with preparation of an Environmental Impact Statement (EIS)
or a Finding of No Significant Impact.
The City of Gallatin is located in Middle Tennessee in Sumner County. The city lies 25 miles
north of Nashville. East Camp Creek watershed lies in the southeastern pali of Sumner County
covering a total of 46.2 square miles. The watershed has a long history of flood damages.
Flooding occurred in 1926, 1975, 1978, and 2010. This study is being conducted under the
authority of section 205 of the Flood Control Act of 1948, as amended. Projects implemented
under this authority are formulated for structural or non-structural measures for flood damage
reduction.
There are three action alternatives to be analyzed in the study in addition to a No Action
Alternative. All three action alternatives considered are detention structures located in Gallatin's
Triple Creek Park on two unnamed tributary creeks (see enclosure 2) which would be designed
to hold higher flood .waters for a time in order to more slowly release them downstream. The No
Action Alternative, would be no FRM measures being implemented. Consideration of the ""No
Action"" alternative is required under NEPA (where no federal action or work would be done).
The impacts of the ""No Action"" alternative are used as a baseline to compare impacts of other
alternatives considered. The Entrance Detention Structure alternative would be a structure
located neeµ· the entrance of the park close to Highway 3 lE. The Touchdown Detention
Structure alternative would include raising the elevation of Touchdown Drive to act as a
detention structure. The third alternative would be a combination of Entrance and Touchdown
Detention Structures. Other measures that have been considered but will not be considered in
detail due to various reasons include stream bank modifications, bridge removal/modifications,
and nonstructural measures including structure raising/removal.
By way of this letter, the Corps is soliciting public and agency comments concerning
environn1ental or socioeconomic issues that should be addressed in the course of the NEPA
process. We encourage comments not only about the immediate project area, but also of plans or
proposals for any other development that may impact or influence project resources . This letter
also serves to initiate the public involvement requirements of Section 106 of the National
Historic Preservation Act of 1966, as amended. Section 106, implemented by regulations at 36
CFR 800, requires the Corps of Engineers to consider the effects of its unde1iakings on historic
-2
properties. If required, appropriate architectural and archeological investigations would be
conducted within those areas affected by the proposed activities and resulting findings would be
coordinated with the Tennessee State Historic Preservation Officer, Federally Recognized
Tribes, and other consulting parties.
Comments may be submitted within 30 days to the address on the letterhead or electronically
to CorpsLRNPlanningPublicCom@usace.army.mil. For additional information regarding the
proposed project, please contact Chip Hall at (615)736-7666.
Sincerely,
1-:J~,, '?J,~
~('Craig D. Carrington
Chief, Project Planning Branch
Enclosures
r·""
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'I",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/PPPMD/Gallatin%20205%20Scoping_Signed.pdf?ver=2017-08-15-102723-033,,,,,,
1278693,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1278693/navigation-notice-17-44-epa-sampling-work-set-on-tennessee-river/,,lrn,Nashville District,,,,The Environmental Protection Agency is conducting sediment sampling in the vicinity of Tennessee River Mile 18 from Aug. 14-25,Navigation Notice 17-44: EPA sampling work set on Tennessee River,,2017-08-28,2017-08-14,,,,,,,"The Environmental Protection Agency is conducting sediment sampling in the vicinity of Tennessee River Mile 18 from Aug. 14-25, 2017.
The Environmental Protection Agency is conducting sediment sampling in the vicinity of Tennessee River Mile 18 from Aug. 14-25, 2017. The work shall be conducted from a 25-foot work boat that will be launched and removed daily from the Haddock Ferry Landing. Working hours are from 7 a.m. to 7 p.m., Monday through Thursday.
The work boat will be monitoring marine channels 13 & 16. Point of Contact Brad Jackson is also available at 404-518-2203 or 404-562-8925. Pilots on all vessels are requested to proceed with caution when transiting the reach of the river.",,,,,,,,,,,,,,,
1299122,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1299122/scoping-letter-harpeth-river-watershed-feasibility-project/,,lrn,Nashville District,Letcher,,,Scoping Letter seeking public and agency comments concerning environmental issues for the Harpeth River Watershed Feasibility Project being conducted by the U.S. Army Corps of Engineers Nashville District in partnership with the city of Franklin,Scoping Letter: Harpeth River Watershed Feasibility Project,,2017-10-07,2017-08-28,,,20000,,,,"Scoping Letter seeking public and agency comments concerning environmental issues for the Harpeth River Watershed Feasibility Project being conducted by the U.S. Army Corps of Engineers Nashville District in partnership with the city of Franklin, Tenn.
Scoping Letter seeking public and agency comments concerning environmental issues for the Harpeth River Watershed Feasibility Project being conducted by the U.S. Army Corps of Engineers Nashville District in partnership with the city of Franklin, Tenn.
Department of the Army
NASHVILLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1070
NASHVILLE TN 37202-1070
REPLY TO
ATTENTION OF
January 13, 2015
Project Planning Branch
To All Interested Parties:
The U.S. Army Corps of Engineers, Nashville District (USACE) is initiating Scoping under the
National Environmental Policy Act (NEPA) for an Environmental Assessment (EA) for the
Letcher County Fiscal Court (Sponsor), Section 531 Project, in Whitesburg, Letcher County,
Kentucky. The Sponsor proposes to construct a new force main collection system with
residential connections along Kentucky (KY) Routes 588, 3401, and Flower Road in Letcher
County. The proposed work includes rehabilitation of an existing Parkway Inn lift station. The
need for the project is to extend sewer collection lines and associated infrastructure to areas
with inadequate or failing private septic systems. The collected sewage would be treated at the
Whitesburg Wastewater Treatment Plant. The project and Dry Fork collection system locations
are shown in Figure 1.
Section 531 of the 1996 Water Resources Development Act authorizes a program whereby
USACE can provide design and construction assistance for water related environmental
infrastructure projects in eastern and southern Kentucky. These projects must address
wastewater, water supply, and surface water resources, and related problems. All projects are
cost shared with 75% Federal (USACE) funds and 25% non-Federal (Sponsor) funds.
The EA would be prepared in accordance with the NEPA, Council on Environmental Quality
Regulations (40 CFR 1500-1508), and Corps of Engineers implementing regulation, ER 200-22, 1988. The EA would consider in detail, the No Action and Proposed Action Alternatives. The
No Action Alternative would not provide funding under the Section 531 program, and the lack of
funds would likely delay or prevent project implementation. The No Action Alternative is not
recommended since it would deny residents with failing septic systems access to a reliable
public sewer collection system. The release of untreated raw sewage would contaminate
ground and surface waters, resulting in a public health hazard and a detriment to surface waters
used for recreation.
The Proposed Action Alternative is to install approximately 20,000 linear feet of a new force
main sewer collection system, including residential connections along KY Routes 588, 3401,
and Flower Road in Letcher County, KY. The new force main would cross Dry Fork stream at
Highway 588 (Figure 1). The new infrastructure would connect with the existing force main and
Parkway Inn Lift Station along KY Route 15. The lift station would be rehabilitated with updated
equipment. Sewer lines would be constructed in road right-of-ways and private lawns. The
existing ground is mowed grass or paved road. Environmental effects associated with the
Proposed Action Alternative are considered minor. We encourage comments not only about the
immediate project, but also of plans or proposals for any other development that may impact or
influence the project or surrounding watershed.
2
This letter also serves to initiate public involvement requirements of Section 106 of the
National Historic Preservation Act of 1966, as amended. Section 106, implemented by
regulations at 36 Code of Federal Regulations 800, requires the Corps to consider the effects of
its undertakings on historic properties. Appropriate architectural and archaeological
investigations would be conducted if deemed necessary within areas affected by the proposed
activity. Results would be coordinated with the Kentucky State Historic Preservation Officer,
Tribal Nations, and other consulting parties. The Corps invites responses to this scoping notice
from Native American Tribes or tribal governments; Federal, State, and local agencies; historical
and archeological societies; and other parties likely to have knowledge of or concerns regarding
historic properties and sites of religious and cultural significance at or near the project area.
Please submit any comments regarding environmental and cultural resource concerns no
later than February 16, 2015 to ensure evaluation and inclusion in the EA. Responses should
be emailed to:CorpsLRNPlanningPublicCom@usace.army.mil; or mailed to the address listed
above. If you have any questions, please contact Ms. Joy Broach, Aquatic Biologist, at (615)
736-7956. Your participation is greatly appreciated.
Sincerely,
Russ L. Rote, P.E., PMP, CFM
Chief, Project Planning Branch
Enclosure
3
Figure 1. Whitesburg, Kentucky and Dry Fork Project Location Map.",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/PPPMD/Whitesburg%20KY%20Section%20531%20Dry%20Fork%20scoping%20letter%20%2013%20JAN%202015%20jcm%20jib%20tah.pdf?ver=2015-01-13-094337-003,,,,,,
1293765,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1293765/public-notice-no-17-17-file-no-lrn-2017-00701/,,lrn,Nashville District,Davidson,,,Public Notice No. 17-17,Public Notice No. 17-17; File No. LRN-2017-00701,,2017-09-27,2017-08-29,,,660,,,,"Proposed Discharge of Fill Material into Streams and Wetlands Associated with Nashville International Airport Terminal Apron and Taxi-lane Expansion Project, in Nashville, Davidson County, Tennessee
Public Notice No. 17-17
Nashville District
File No. LRN-2017-00701
Date: August 28, 2017; Expires: September 27, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214 (Attn: Lisa Morris)
SUBJECT: Proposed Discharge of Fill Material into Streams and Wetlands Associated with Nashville International Airport Terminal Apron and Taxi-lane Expansion Project, in Nashville, Davidson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the U.S. Before a permit can be issued, certification must be provided by the State of Tennessee, Department of Environment and Conservation (TDEC), pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
The proposed project is located within the Metropolitan Nashville Airport Authority (MNAA) Nashville International Airport (BNA) property. As such, the Federal Aviation Administration (FAA) has lead federal agency role status for the coordination and conduct of environmental reviews for this proposal under the National Environmental Policy Act (NEPA).
APPLICANT: Metropolitan Nashville Airport Authority
One Terminal Drive
Nashville, TN 37214
LOCATION: The proposed project would occur on unnamed tributaries of Sims Branch, and adjacent emergent wetlands and spring seeps, at the Nashville International Airport (BNA), in Davidson County, Tennessee. USGS Quadrangles: Nashville East and Antioch, TN (Hydrologic Unit Code (HUC) 105130202). Latitude: 36.130728; Longitude: -86.672564.
DESCRIPTION: In accordance with FAA requirements and in order to accommodate proper clearances and safety for maneuvering larger aircraft, MNAA has determined the current BNA terminal apron and taxi-lane must be expanded (to the west) which requires filling and paving a 14-acre depression. The project area has been used in the past for clean snow storage and melting during infrequent significant winter events. This area is roughly 40 to 60 feet lower in elevation than the existing surrounding terminal surface. The depression will be filled using approximately 580,000 cubic yards of material imported to the site. Identified potential sources of the fill include excavated material from other project areas on BNA property. The targeted commencement date is November 2017.
Filling the 14-acre depressed area would impact 0.40 acres of wetlands, two springs, and 660 linear feet of stream channel located in the bottom of Merten’s Hole. Specifically, the proposed work involves:
• Filling 0.4 acre of palustrine emergent wetland and two springs; Wetland 1 (0.11-acre) is dominated by cattail and sedge. Wetland 2 (0.29-acre) is dominated with cattail and watercress.
• Encapsulation (with 60” diameter culvert) of approximately 627 linear feet of perennial unnamed tributary to Sims Branch (Mill Creek watershed). This stream channel averages 12 feet wide and 2 to 4 feet deep. The substrate is composed of native slab rock, clay, small cobble and gravel. Side slope vegetation is dominated by the invasive amur honeysuckle and young hackberry.
• Encapsulation (with 60” diameter culvert) of approximately 33 feet of perennial unnamed tributary to Sims Branch (Mill Creek watershed). This stream channel averages 2 feet wide and 1 foot deep. The substrate is predominately clay with rooted vegetation in the channel.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
According to the application, MNAA considered multiple alternatives to accomplish necessary development of facilities prior to selecting the proposed plan. In addition, MNAA has taken specific sustainability site strategies (in maintaining storm water and downstream flows) into consideration during the design of the project.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN:
• To mitigate the loss of 0.40 acres of wetlands, MNAA proposes to purchase 0.80 credits (2:1 ratio) from the Swamp Road Wetland Mitigation Bank.
• To mitigate for 660 linear feet of stream channel loss due to encapsulation, MNAA proposes to perform compensatory stream improvements to a 303(d) listed impaired stream located on MNAA property (specific stream yet to be determined) that will include enhancement to 1,980 linear feet of stream channel at 3:1 ratio, and monitoring and long-term protection measures. The proposed
enhancements would include instream and riparian work to include, but not be limited to, establishment of 50’ buffer on both sides of the stream, removal of invasive vegetation, the planting of native shrubs and grasses, installation of slab rocks for shading, detectors and/or fish habitat log structures, and removal of obstructions, sediment, and debris.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency, under authority of Section 404(b)(1)
of the CWA (40 CFR Part 230). A DA permit will be granted unless the District Engineer determines that it would be contrary to the public interest.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a
public hearing and determine the overall public interest of the proposed activity. An EA to the will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
NEPA Scope of Analysis and USACE/FAA Memorandum of Understanding for FAA Work: For activities of FAA for which a DA permit is requested or required, the FAA is the designated lead Federal Agency for the conduct of all environmental reviews and the coordination with other Federal agencies required for compliance under NEPA, including Section 7 of the Endangered Species Act (ESA) and Section 106 of the National Historic Preservation Act (NHPA). In this regard, the FAA is preparing an environmental assessment for MNAA’s larger planned “BNA Vision” program, which includes the proposed project, to document their coordination with other Federal agencies in accordance with FAA guidelines for implementing NEPA (specifically FAA Orders 1050.1F and 5050.4B). According to the FAA, Government agencies and tribes that responded to their initial scoping request included:
USACE, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service (USFWS), TDEC, Alabama Coushatta Tribe of Texas, and the Eastern Band of Cherokee Indians.
For the proposed project, the Corps NEPA Scope of Analysis including the ESA “Action Area” and NHPA ""Permit Area"" is the 14-acre area to be filled (that contains the streams and wetland requiring Section 404 permit) and also the footprint of the mitigation channel.
ENDANGERED/THREATENED SPECIES: With respect to Section 7 of the ESA, the applicant provided the FAA’s determinations and their previous coordination with USFWS on the subject project. While according to the FAA, there are no known occurrences of federally listed species within the proposed project footprint, FAA identified the Nashville crayfish (Orconectes shoupi), the Indiana
bat (Myotis sodalis), and the Northern long-eared bat (Myotis septentrionalis) as species that could potentially be indirectly affected by the proposed project. In this regard, the applicant conducted a presence/absence survey for the Nashville Crayfish within the proposed impact tributary stream reaches and no suitable habitat or Nashville Crayfish were collected in the project area. Further, no trees with suitable bat habitat will be removed for the proposed project. The FAA determined the project would not likely adversely affect
the Nashville crayfish (Orconectes shoupi), the Indiana bat (Myotis sodalis), and/or the Northern long-eared bat (Myotis septentrionalis). In a letter to FAA, dated March 22, 2017, USFWS concurred with FAA’s findings and indicated FAA had fulfilled its obligations regarding the project pursuant to Section 7 of the ESA.
HISTORIC AND CULTURAL RESOURCES: With respect to Section 106 of the NHPA, the applicant provided the FAA’s determinations and documentation of recent consultation with the Tennessee Historical Commission and other consulting parties on the subject project. The FAA has determined that no above or below ground historic properties eligible for listing in the National Register of Historic Places would be impacted by the proposed work, and provided reference to a 1986 report prepared by
DuVall and Associates, Inc., titled “Archaeological Survey of an 800-acre tract for the Metropolitan Nashville Airport Expansion, Davidson County, Tennessee.” The report is on file at the Tennessee Division of Archaeology, Nashville. Copies of this notice are being sent to the office of the State Historic Preservation Officer and the U.S. Department of the Interior, National Park Service.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from the State of Tennessee, TDEC, is required for the proposed work in accordance with Section 401(a)(1) of the CWA.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before September 27, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Lisa Morris, at the above address, telephone 615-369-7506 or email Lisa.R.Morris@usace.army.mil.
\s\
Timothy C. Wilder
Chief, West Branch
Regulatory Division
Nashville District Corps of Engineers",10513020,,,,,Lisa R Morris,Lisa.R.Morris@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PlansforPN17-17.pdf?ver=2017-08-29-133545-560,,,,,,
1298440,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1298440/public-notice-17-20-file-no-lrn-2004-02122/,,lrn,Nashville District,Livingston,-88.2175111,37.1807472,Public Notice 17-20,Public Notice 17-20; File No. LRN-2004-02122,,2017-10-02,2017-09-01,,,195,,,,"Proposed Fleeting Addition at Existing Fleeting Area #2 for Slats Lucas Quarry, located at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky
Public Notice No. 17-20
Nashville District
Application
Date: September 1, 2017:Expires: October 2, 2017
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division (Attn: Amy Robinson)
3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed Fleeting Addition at Existing Fleeting Area #2 for Slats Lucas Quarry, located
at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) permit modification pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The original DA permit for the fleeting area was issued in November 2006 and then modified in March 2011 (Public Notice 13-01).
Previously authorized work has been constructed and is in compliance with permit conditions.
APPLICANT: Warren Paving, Inc.
562 Elks Lake Road
P.O. Box 572
Hattiesburg, Mississippi 39403
LOCATION: Existing Fleeting Area #2 for Slats Lucas Quarry, located upstream and across the river from the Quarry terminal, at Cumberland River Mile 17.2, Left Bank, Livingston County, Kentucky (Dycusburg Quadrangle)
Latitude: 37.1807472; Longitude: -88.2175111
DESCRIPTION: The proposed work consists of expansion of an existing fleeting area, Fleeting Area #2, for Slats Lucas Quarry. Currently there are four (4) super dolphins and one 20’ diameter mooring cell which provides capacity for 15 barges total at the site (3 barges wide by 5 barges long). The proposed work would consist of the installation of an additional four (4) super dolphins
on the upstream end of the existing fleeting area and one
(1) super dolphin on the downstream end. The proposed dolphins would be installed in- line with the existing dolphins, placed on centers of 195 linear feet, and located 45 linear feet riverward from
the shoreline (normal pool Elevation 302.0’). The proposed dolphins would allow an additional 15 barges (3 barges wide by 5 barges long) for a total of 30 barges to be fleeted at this site.
The dolphins would consist of a 72” in diameter pipe driven into the river bottom to Elevation 260.0’ and will be braced by two (2) angled 24” in diameter pipes. A typical drawing of the dolphin is attached to this notice.
PURPOSE OF PROPOSED MODIFICATION: According to the applicant, the proposed expansion is necessary to provide additional fleeting capabilities to accommodate increased barge traffic due to an increase in demand for rock. In order to minimize navigation concerns, the applicant’s proposal would not increase the riverward extension of the barges into the river channel. The current
three-wide fleeting area extending approximately 105 feet, would remain the same for the proposed fleeting.
The purpose of the new mooring structures would be to increase the fleeting capacity to meet the applicant’s needs while minimizing any congestion within the navigation channel. Plans of the proposed work and a location map of the proposed and existing barge fleeting area are attached to this notice.
Section 206 Project: The existing and proposed fleeting area expansion is located across the river and approximately 800 linear feet upstream of a Federal Project that received bank stabilization treatment for a Section 206 Aquatic Ecosystem Restoration Project by the Nashville District Corps of Engineers (USACE). The purpose of the Section 206 project was to restore habitat for aquatic
species.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Alternative fleeting areas and fleeting methods were reviewed and compared to the applicant’s preferred proposal. Impacts to navigation, threatened or endangered species, and the existing Section 206 Aquatic Ecosystem Restoration were considered. The applicant indicated that the minimal fleeting area has been proposed that would meet their needs.
The Corps’ scope of analysis for National Environmental Policy Act (NEPA) review associated with the issuance of a DA permit modification consists of the existing and proposed fleeting area within the Cumberland River.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit modification will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors that may be relevant to the work will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. A DA permit modification will be granted unless the District Engineer determines that it would be contrary to the public interest.
SOLITICIATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other
interested parties in order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a Department of the Army (DA) permit modification for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. The previous EA will be updated and supplemented by this office prior to a final decision concerning issuance or denial of the requested DA permit modification.
HISTORIC AND CULTURAL RESOURCES:Prior to construction of the Section 206 Aquatic Ecosystem Restoration project by the Corps of Engineers, an archaeological survey was completed in April 2000 for the Slats Lucas quarry site and fleeting areas. The survey determined that no properties would be impacted that maybe eligible for inclusion in the National Register of Historic Places (NRHP). The State Historic Preservation Officer (SHPO) has previously concurred with the existing facilities. The Corps determined that this proposed work consisting of installing dolphins in the water with no ground disturbance has no potential to cause effects to historic properties. Additional barge fleeting would be in keeping with the barge fleeting already present at this facility. This review constitutes the full extent of cultural resource investigations unless comments to this notice are received that document historic properties may be affected by this work, or that document the potential for significant sites or properties that may be eligible for inclusion in the NRHP within the permit area. Further, copies of this notice are being sent to SHPO for review.
ENDANGERED/THREATENED SPECIES REVIEW:
TDA permit currently for the original barge terminal and fleeting area requires two mussel surveys of the area every three years. Mussel surveys completed for this area in 2006 and 2009 documented that no federally or state listed threatened or endangered species were present. Based on the results of these surveys and other available information, USACE has determined that the proposed work will not adversely effect any Federally-listed threatened or endangered species or their
critical habitats. A copy of this notice is being sent to the
U.S. Fish and Wildlife Service.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be
required for the proposed work including:
In accordance with USACE’s obligation and procedures under Section 408 of the Rivers and Harbors
Act, Engineer Circular (EC) 1165-2-216, dated July 31, 2014, Policy and Procedural Guidance for
Processing Request to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 USC
408, the USACE must determine if the proposed work
will impair the usefulness of the federal commercial navigation project, the Section 206 project, and/or be injurious to the public interest.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before October 2, 2017, will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson, at the above address, telephone 615-369-7507, or email amy.m.robinson@usace.army.mil.
Timothy C. Wilder
Chief, West Section
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-20.pdf?ver=2017-09-01-161201-933,,,,,,
1311404,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1311404/public-notice-no-17-13-file-no-lrn-2017-00303/,,lrn,Nashville District,Coffee,,,Public Notice No. 17-13,Public Notice No. 17-13; File No. LRN-2017-00303,,2017-10-13,2017-09-14,,,9500,,,,"Proposed Discharge of Fill Material into Streams Associated with Extension of CSX Transportation, Inc. Railroad Siding Track, in Tullahoma, Coffee County, TN (Tullahoma Siding Extension Project) (CSXT Project No. R161030)
Public Notice No. 17-13
Nashville District
Application: File No. LRN-2017-00303
Date: September 14, 2017:Expires: October 13, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214 (Attn: Lisa Morris)
SUBJECT: Proposed Discharge of Fill Material into Streams Associated with Extension of CSX
Transportation, Inc. Railroad Siding Track, in Tullahoma, Coffee County, TN (Tullahoma Siding Extension Project) (CSXT Project No. R161030) (Amec Foster Wheeler Project No. 643009538)
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the
discharge of fill material into waters of the U.S. Before a permit can be issued, certification must be provided by the State of Tennessee, Department of Environment and Conservation (TDEC), pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: CSX Transportation, Inc. (CSXT)
ATTN: Mr. Matt Adkins
351 Thorton Road, Suite 125
Lithia Springs, GA 30122
LOCATION: The subject project would occur on Norman Creek, a tributary of the Duck River at Mile 247.5, left bank. The work would be within CSXT 50’ right-of-way adjacent and parallel to the existing CSXT Chattanooga Subdivision mainline track, in Coffee County, Tennessee. USGS Quadrangles: Tullahoma and Normandy Lake, TN. Lat: 35.402113; Long: -86.240723.
DESCRIPTION: CSXT is proposing to extend the railroad side track between Milepost 00J 65.4 and 00J 68.7, in order to provide a safe place for a long train going one direction to pull over and allow another train going in the opposite direction to pass. The plan is to increase the current side track, by 9,500 linear feet, so it can hold up to a 14,000-linear-foot train.
To provide a stable and level foundation for the new side track, fill material will be placed alongside the base of the existing mainline track. The additional fill material requires the relocation of approximately 1,200 linear feet of stream channel (intermittent, approximately 5’ wide) and the extension of two culverts by 27’, as described in Table 1 below. A new channel would be constructed approximately 10 to 20 feet east of the existing channel, (with same dimensions, open channel with natural bottom). The new channel will be constructed in the dry and the banks stabilized (seeded with riparian seed mixture) prior to diverting flow and filling the original
channel.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Prior to
selecting the proposed plan, CSXT considered multiple alternatives to bring the existing railroad into compliance and increase capacity and fluidity for railroad operations. CSXT considered relocating Normandy Road as an alternative to relocating Normandy Creek, along the west side of the railroad, but because the road is a state highway and relocation would impact numerous private land owners, CSXT determined this alternative was not practicable. In addition, CSXT is incorporating specific minimizing strategies (maintaining storm water and downstream flows, conducting work in the dry, cutting trees during specific times of year to avoid impact to bats) into consideration
during the design of the project.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: To mitigate for
1,274 linear feet of stream function loss, CSXT proposes to purchase in-lieu fee credits at 0.5 to 1 ratio (or purchase of 637 credits) from the Tennessee Stream Mitigation Program.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from
the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will
include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230). A DA permit will be granted unless the District Engineer determines that it would be contrary to the public interest.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to
determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA to the will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
ENDANGERED/THREATENED SPECIES: The applicant has identified trees in the project footprint that need to be removed that have potential habitat for the Indiana bat (Myotis sodalis), and the Northern long-eared bat (Myotis septentrionalis). In this regard, USACE has determined the Indiana bat and the Northern long-eared bat as species that could potentially be affected by the proposed
project. USACE has determined that if these trees would be cut between October 15
and March 31, then the proposed project would not likely adversely affect the Indiana bat and the Northern long-eared bat, and no other protected species would be impacted by the work. A copy of this notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).
HISTORIC AND CULTURAL RESOURCES: The USACE archaeologist has reviewed the project proposal and determined the undertaking has no potential to cause effect to cultural resources, because the project would occur in previously disturbed areas and there are no above ground or below ground National Register of Historic Places recorded properties in the vicinity. A copy of this notice is being sent to the office of the State Historic Preservation Officer for their comments and concurrence. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
Water Quality Certification from the State of Tennessee in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
CLOSE OF COMMENT PERIOD: Written statements received in this office on or before October 13, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Lisa Morris, at the above address, telephone 615-369-7506 or email Lisa.R.Morris@usace.army.mil.
\s\
Timothy C. Wilder
Chief, West Branch
Regulatory Division
Nashville District Corps of Engineers",64300953,,,,,Lisa R Morris,Lisa.R.Morris@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-13.pdf?ver=2017-09-14-145937-897,,,,,,
1313194,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1313194/public-notice-no-17-22-file-no-lrn-2017-00537/,,lrn,Nashville District,Sevier,,,Public Notice No. 17-22,Public Notice No. 17-22; File No. LRN-2017-00537,,2017-10-13,2017-09-15,,,256,,,,"Proposed discharge of fill material into 933 linear feet of intermittent stream and 112 linear feet of ephemeral stream. The work is associated with the proposed expansion of Dollywood theme park in Sevier County, Tennessee
Public Notice No. 17-22
Nashville District
Application No. LRN-2017-00537
Date: September 14, 2017; Expires: October 13, 2017
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division
501 Adesa Parkway, Suite 250, Lenoir City, TN 37771
Ken.M.Jones@usace.army.mil
SUBJECT: Proposed discharge of fill material into 933 linear feet of intermittent stream and 112 linear feet of ephemeral stream. The work is associated with the proposed expansion of Dollywood theme park in Sevier County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army
Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C 1344). The work also requires certification from the Tennessee Department of Environment and Conservation (TDEC), Division of Water Resources, pursuant to Section 401 (a)(1) of the CWA, that applicable water
quality standards will not be violated. TDEC is currently reviewing the 401 Water Quality Certification NRS 16.338 for the proposal.
APPLICANT: The Dollywood Company
2700 Dollywood Parks Blvd
Pigeon Forge, Tennessee 37863
LOCATION: Unnamed Tributary to Middle Creek Mile 7.0R, Little Pigeon River Mile 5.5L, Sevier County, Tennessee
DESCRIPTION OF PROPOSED WORK:
The Dollywood Company is proposing to expand their facility on their existing property. The
proposed construction will require new encapsulation of approximately 933 linear feet of intermittent stream and 112 linear feet ephemeral of stream. The stream is currently encapsulated from its terminus at Middle Creek to a location approximately 600 lf upstream where it daylights after passing under the Dollywood railroad. The entire area will be filled to create usable guest
facilities.
The proposed discharge of fill material into waters of the U.S. is for expansion of guest
facilities on the Dollywood property located at 2700 Dollywood Parks Blvd, Pigeon Forge, Tennessee.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: According to the project application, the purpose for the proposed construction is to provide contiguous pedestrian connectivity while allowing expansion to the existing park operations. This proposed area is the only viable location on the property that will allow pedestrian access from existing facilities while maintaining multiple points of egress in an emergency situation.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information provided in the project application, efforts were made during design to limit impacts to waters of the U.S. by locating the facilities and associated improvements to avoid as many as possible. The applicant has stated that additional expansion locations have been evaluated, these either do not allow for pedestrian access, or create a dead end scenario with only one point of egress, are not contiguous to the current facilities or are at elevations the prohibit development. The U.S. Army Corps of Engineers (Corps) has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: To compensate for unavoidable permanent impacts to 933 linear feet of intermittent stream and 112 linear feet of ephemeral stream, the applicant proposes to restore and enhance four unnamed tributaries to Middle Creek, in Pigeon Forge, Sevier County, Tennessee. The mitigation site is located within the park boundary and in same watershed as the project. The
existing streams within the site are degraded from historic habitat alterations, channel modifications, excessive sediment due to erosion of the surrounding land surface and erosion of the bed and banks within the stream channels, and riparian forests that have been altered by timber harvesting. Past land use and management activities have contributed to the degradation of stream
ecological functions within the project boundary. The proposed stream mitigation plan includes a single site with four first-order stream reaches and a second-order reach, all of which are unnamed tributaries (UTs) to Middle Creek and located on Dollywood property. The proposed stream mitigation site includes approximately 2,168 linear feet (LF) of stream channel and is located northeast of the existing amusement park
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must
be balanced against its reasonably foreseeable detriments. All factors
hich may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the
Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230). A DA permit will be granted unless the District Engineer determines that it would be contrary to the public interest.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, federal, state, and local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit. Any person may request, in writing, within the comment period specified, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
ENDANGERED/THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): The Endangered Species Act (ESA) requires federal agencies to consult with the
U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates the presence of several federally listed endangered species in the vicinity of the action area. A review of the USFWS website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed action:
Common Name
Scientific Name
Spruce-fir moss spider
Microhexura montivaga
Oyster mussel
Epioblasma capsaeformis
Spreading avens
Geum radiatum
Indiana bat
Myotis sodalis
Gray bat
Myotis grisescens
Carolina northern flying squirrel
Glaucomys sabrinus coloratus
Northern Long-Eared Bat
Myotis septentrionalis
This public notice serves as coordination with the USFWS for their review and comments regarding threatened and endangered species, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of
comments, Corps will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
HISTORIC AND CULTURAL RESOURCES: The USACE is requesting that a Phase I Cultural Resource Survey be conducted by the applicant to identify any historic properties that may be affected by the proposed project. The USACE invites responses to this public notice
from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. The USACE will review the survey results, evaluate potential impacts and consult with the State
Historic Preservation Officer and Native American Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the State Historic Preservation Officer (SHPO) and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
CLOSE OF COMMENT PERIOD: Written statements received by October 13, 2017, will become a part of the record and considered in the evaluation of the permit application. Any response should be directed to the Regulatory Division, Attention: Mr. Ken M. Jones, at the above address or at ken.m.jones@usace.army.mil. Mr. Jones can also be contacted at (865) 986- 7296.
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers
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Intermittent Streams
USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/USA_TOPO_MAPS,
ACCESSED 5/12/2017
Copyright:© 2013 National Geographic Society, i-cubed
Study Area Boundary
DOLLYWOOD PHASE I EXPANSION
PIGEON FORGE, TN
2704 Cherokee Farm Way, Suite 101 - Knoxville, TN 37920
865-977-9997 800-365-2324
www.cecinc.com
DRAWN BY:
DATE:
SJT
5/12/2017
CHECKED BY:
SCALE:
TOPOGRAPHIC LOCATION
signature
APPROVED BY: GSB *onHand
FIGURE NO:
GSB
file
171-588
1 "" = 500 ' PROJECT NO:
1
UT-2A Restoration/Establishment
256 LF
UT-1 Restoration
197 LF
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588 LF
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1,127 LF
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Conservation Easement, Approximate Boundary
USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/USA_TOPO_MAPS,
ACCESSED 6/28/2017
Copyright:© 2013 National Geographic Society, i-cubed
DOLLYWOOD PHASE I EXPANSION
PIGEON FORGE, TN
2704 Cherokee Farm Way, Suite 101 - Knoxville, TN 37920
865-977-9997 800-365-2324
www.cecinc.com
DRAWN BY:
DATE:
SJT
6/28/2017
CHECKED BY:
SCALE:
TOPOGRAPHIC MAP OF MITIGATION STREAMS
signature
APPROVED BY: GSB *onHand
FIGURE NO:
GSB
file
171-588
1 "" = 550 ' PROJECT NO:
4
UT-2A Restoration/Establishment
256 LF
UT-1 Restoration
197 LF
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588 LF
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1,127 LF
LEGEND
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Mitigation Streams
Conservation Easement, Approximate Boundary
USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/USA_TOPO_MAPS,
ACCESSED 6/28/2017
TN Department of Transportation
DOLLYWOOD PHASE I EXPANSION
PIGEON FORGE, TN
2704 Cherokee Farm Way, Suite 101 - Knoxville, TN 37920
865-977-9997 800-365-2324
www.cecinc.com
DRAWN BY:
DATE:
SJT
6/28/2017
CHECKED BY:
SCALE:
AERIAL MAP OF MITIGATION STREAMS
signature
APPROVED BY: GSB *onHand
FIGURE NO:
GSB
file
171-588
1 "" = 550 ' PROJECT NO:
5
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USGS EARTHEXPLORER
MARCH 16,1992 DOQQ
Study Area Boundary
DOLLYWOOD PHASE I EXPANSION
PIGEON FORGE, TN
2704 Cherokee Farm Way, Suite 101 - Knoxville, TN 37920
865-977-9997 800-365-2324
www.cecinc.com
DRAWN BY:
DATE:
SJT
6/28/2017
CHECKED BY:
SCALE:
1992 HISTORIC AERIAL MAP
signature
APPROVED BY: GSB *onHand
FIGURE NO:
GSB
file
171-588
1 "" = 500 ' PROJECT NO:
6
UT-2A Restoration/Establishment
256 LF
UT-1 Restoration
197 LF
UT-2B Restoration/Establishment
588 LF
\\SVR-KNOXVILLE\ P:\2017\171-588\-GIS\Maps\171588_ECO2_FIG7_MITIGATION_TREATMENTS.mxd (8/9/2017 4:42:01 PM)
UT-2 Restoration/Establishment/Enhancement
1,127 LF
LEGEND
Enhancement
Establishment
REFERENCE
Restoration
Proposed Conservation Easement Boundary
TDOT AERIAL IMAGERY
GO TO ARCGIS ON TNMAP.TN.GOV/BASEMAPS/IMAGERY
ACCESSED 8/9/2017
TN Department of Transportation
DOLLYWOOD PHASE I EXPANSION
PIGEON FORGE, TN
2704 Cherokee Farm Way, Suite 101 - Knoxville, TN 37920
865-977-9997 800-365-2324
www.cecinc.com
DRAWN BY:
DATE:
SJT
8/9/2017
CHECKED BY:
SCALE:
AERIAL MAP OF MITIGATION TREATMENTS
signature
APPROVED BY: GSB *onHand
FIGURE NO:
GSB
file
171-588
1 "" = 250 ' PROJECT NO:
7
General Notes
0
100
200
Feet
Existing Stream to
be filled
No.
Revision/Issue
Date
Project Name and Address
2019
2700 DOLLYWOOD PARKS BLVD
PIGEON FORGE, TN 37863
Sheet
DRAWN BY
GMW
Date
5/15/2017
Scale
As Noted
ARAP 2",,,,,,Ken M Jones,Ken.M.Jones@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-22.pdf?ver=2017-09-15-151058-300,,,,,,
1314422,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1314422/public-notice-no-17-23-file-no-lrn-2016-00015/,,lrn,Nashville District,Knox,,,Public Notice No. 17-23,Public Notice No. 17-23; File No. LRN-2016-00015,,2017-10-14,2017-09-18,,,,,,,"Proposed expansion of existing industrial facility in Knoxville, Knox County, Tennessee
Public Notice No. 17-23
Nashville District
Application No. LRN-2016-00015
Date: September 15, 2017; Expires: October 14, 2017
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division
East Regulatory Office (Attn: Aric Payne)
3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed expansion of existing industrial facility in Knoxville, Knox County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 16.149) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT: Republics Plastics
5428 North National Drive
Knoxville, Tennessee 37914
LOCATION: Wetlands adjacent to Sand Branch, Holston River; HUC 060101040304 – Sand Branch Watershed; Latitude N. 35.9582°, Longitude W. -83.8226°; National Drive in Knoxville, Knox County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes expand its existing industrial facility on its own property, which includes the deposition of fill material into 0.87 acres of jurisdictional wetlands.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: In order to meet expanded business demands, Republic Plastics has a need to increase production at their facility at Forks of the River Industrial Park in Knox County, Tennessee. The facility is poised to double its production and increase workforce from 125 to 225 employees once the expansion project moves forward.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to offset unavoidable impacts by purchasing credits from Shady Valley Wetland Mitigation Bank at a 2:1 ratio.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be
expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership and, in general, the needs and welfare of the people.
As the proposed activity involves the discharge of fill material into the waters of the U.S., the evaluation of the probable impacts on the public interest will include application of the guidelines promulgated by the Administrator of the U.S. Environmental Protection Agency at 40 CFR 230.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers, Nashville District (Corps) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. In accordance with the Council on Environmental Quality (40 CFR 1500- 1508) and Corps (Engineer Regulation (ER) 200-2-2, dated 1988) regulations for implementing National Environmental Policy Act (NEPA), this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are used to assess impacts on fish, wildlife, endangered species, water quality, historic properties, water supply, conservation, economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy needs, safety, climate change, considerations of property ownership, general environmental effects, cumulative effects, and in general, the needs and welfare of the people. Any comments received will be considered by the Corps prior to a
final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates there are three federally listed historic properties within one-mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public notice serves to initiate the public involvement requirements of
Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of
the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates the
presence of several federally listed endangered or threatened species in the vicinity of the action area, which are described below. A request will be made to the applicant to evaluate the project in light of potential impacts to threatened and endangered species including potential impacts to the Indiana bat (Myotis sodalis), Northern Long-eared bat (Myotis septentrionalis) and Gray bat (Myotis
grisescens). A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by October 14, 2017, will become a part of the record and considered in the determination. Any response to this notice should reference
the Corps Application No. LRN-2016-00015, and be directed to the
Regulatory Division, Attention: Aric Payne, at the above address or at aric.j.payne@usace.army.mil.
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60101040,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 17-23 Plan.pdf?ver=2017-09-18-102937-090,,,,,,
1316273,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1316273/draft-environmental-assessment-for-a-proposed-update-of-the-cheatham-lake-maste/,,lrn,Nashville District,,,,DRAFT Environmental Assessment for a Proposed Update of the Cheatham Lake Master Plan,"DRAFT Environmental Assessment for a Proposed Update of the Cheatham Lake Master Plan; Cheatham, Dickson, Davidson and Sumner Counties, Tennessee",,2017-10-25,2017-09-19,,,,,,,"This revised Master Plan replaces the 1983 Master Plan for Development and Management of Cheatham Lake. The Corps of Engineers seeks public comment on the draft plan, a draft Environmental Assessment (EA) evaluating the impacts of implementation of this update has been prepared in accordance with the requirements of the National Environmental Policy Act (NEPA), and a draft Finding of No Significant Impact of the proposed revision of the master plan.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Cheatham Lake Master Plan. Cheatham Lake was authorized for navigation, hydropower, recreation, water quality and fish/ wildlife management. The Cheatham Lock and Dam facility is located near Ashland City, Tennessee at Cumberland River Mile 147.8 and Cheatham Lake extends 67.5 miles upstream to Old Hickory Lock and Dam.",,,,,,,,,"http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/3629
http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/3631",,,,,,
1317685,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1317685/public-notice-no-17-18-file-no-lrn-2017-00726/,,lrn,Nashville District,Sullivan,,,Public Notice No. 17-18,Public Notice No. 17-18; File No. LRN-2017-00726,,2017-10-18,2017-09-20,,,1400,,,,"Proposed development of a business center to including banking and financial facilities in Kingsport, Sullivan County, Tennessee
Public Notice No. 17-18
Nashville District
Application No. LRN-2017-00726
Date: September 19, 2017;Expires: October 18, 2017
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division, East Branch (Attn: Ms. Aurora Scott)
3701 Bell Road, Nashville, Tennessee 37214
SUBJECT: Proposed development of a business center to including banking and financial facilities in Kingsport, Sullivan County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 17.104) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT: City of Kingsport
225 West Center Street
Kingsport, TN 37660
LOCATION: Wetlands adjacent to Unnamed Tributary to Horse Creek, South Holston River Mile 1.2 L; HUC 060101020702 – Horse Creek Watershed; Latitude N. 36.5123°, Longitude W. 82.5636°; west of State Route 126 in Kingsport, Sullivan County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to develop a business center on the subject property that will involve deposition of fill material into 3.621 acres of jurisdictional wetlands. The proposed facility will provide banking and other financial services to the area.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To provide banking and other financial services to the area. These businesses will also bring several hundred employment opportunities to the surrounding communities and serve as a catalyst for the development of an additional 30 acres of commercial/business development and 1,400 linear feet of municipal pathways and roadways necessary to support economic growth for the City of Kingsport.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to offset unavoidable impacts by purchasing credits from Shady Valley Wetland Mitigation Bank at a 2:1 ratio, totaling 7.5 credits.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be
expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership and, in general, the needs and welfare of the people.
As the proposed activity involves the discharge of fill material into the waters of the U.S., the evaluation of the probable impacts on the public interest will include application of the guidelines promulgated by the Administrator of the U.S. Environmental Protection Agency at 40 CFR 230.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers, Nashville District (Corps) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. In accordance with the Council on Environmental Quality (40 CFR 1500- 1508) and Corps (Engineer Regulation (ER) 200-2-2, dated 1988) regulations for implementing National Environmental Policy Act (NEPA), this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are used to assess impacts on fish, wildlife, endangered species, water quality, historic properties, water supply, conservation, economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation, shore erosion,
sedimentation, recreation, energy needs, safety, climate change, considerations of property ownership, general environmental effects, cumulative effects, and in general, the needs
and welfare of the people. Any comments received will be considered by the Corps prior to a final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates there are no federally listed historic properties within one-mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have
knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates the
presence of several federally listed endangered or threatened species in the vicinity of the action area, which are described below. A request will be made to the applicant to evaluate the project in light of potential impacts to threatened and endangered species including potential impacts to the Indiana bat (Myotis sodalis), Northern Long-eared bat (Myotis septentrionalis) and Gray bat (Myotis
grisescens). A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by October 18, 2017, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-00726, and be directed to the Regulatory Division, Attention: Ms. Aurora Scott, at the above address or at Aurora.C.Scott@usace.army.mil.
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers
Building Footprint
Wetland Impact:
0.126 ac
Parking /
Landscaping
Wetland Impact:
2.984
Roadway Wetland
Impact: 0.511 ac
Wetland Avoided",60101020,,,,,Aurora C Scott,Aurora.C.Scott@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-18.pdf?ver=2017-09-20-101549-863,,,,,,
1323943,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1323943/public-notice-17-19-file-no-lrn-2012-00163/,,lrn,Nashville District,Madison,-86.59626,34.82628,Public Notice 17-19,Public Notice 17-19; File No LRN-2012-00163,,2017-10-22,2017-09-25,,,4878,,,,"Proposed Discharge of Fill Material into Waters of the U.S. to Facilitate the Construction of Huntsville Northern Bypass, Huntsville, Madison County, Alabama
Public Notice No. 17-19
Nashville District
Application No. 2012-00163
Date: September 22, 2017
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: Gary L. Davis
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. to Facilitate the
Construction of Huntsville Northern Bypass, Huntsville, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army
Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into
waters of the United States. Before a permit can be issued, certification must be provided by the
State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality
standards will not be violated. By copy of this notice, the applicant hereby applies for the
required certification.
APPLICANT: The City of Huntsville
320 Fountain Circle SW
Huntsville, Alabama 35801
LEAD FEDERAL AGENCY: Alabama Department of Transportation on behalf of Federal Highways
Administration is the lead federal agency for the coordination and conduct of environmental reviews
for this proposal under the National Environmental Policy Act (NEPA), the National Historic
Preservation Act (NHPA), and the Endangered Species Act (ESA).
LOCATION: The proposed project is located approximately 1.2 miles east of the Bob Wade Lane and
Pulaski Pike intersection and ending approximately 1,500 feet east of Highway 231/432 and Bob Wade
Lane intersection in Huntsville, Madison County, Alabama. The proposed project is located on
multiple unnamed tributaries of Dry Creek which flows into Tennessee River Mile 321.0R and
Beaverdam Creek which flows into Flint River Mile 36.3R, within the Huntsville Spring Branch –
Indian Creek (HUC 0603000205) and Upper Flint River (HUC 0603000203) watersheds. The project site
may be found on the Jeff and Meridianville, AL 7.5 Minute USGS Quadrangle Maps (Latitude 34.82628°;
Longitude -86.59626°).
DESCRIPTION: The proposed project consists of the permanent discharge of fill material associated
with re-routing and permanent encapsulation of 4,878 linear feet (1,208 ephemeral, 3,420
intermittent, and 250 perennial) of stream. There would be nine streams impacted by the proposed
project. The discharge of fill would facilitate construction of the linear transportation
crossings associated with the proposed 7.8 mile Huntsville Northern Bypass. The purpose of the
project is to extend State Route 255 to reduce traffic congestion and improve traffic safety on Bob
Wade Lane and US Highway 231/431.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Avoidance and minimization factors considered in association with the project plans were presented
in the Finding of No Significant Impact (FONSI) approved by the Federal Highway Administration
(FHWA) on July 22, 2002. Given the nature and location of the project, impacts to waters of the
U.S. could not be avoided. According to the FONSI, alternate build corridors were considered for
this project. However, due to design cost constraints, relocation impacts, and potential
environmental impacts, the design referred to as Alternative 1 in the FONSI was considered the most
feasible and would impact the least amount of waters of the U.S. The proposed impacts associated
with the stream crossings would be minimized by best management practices utilized during
construction to minimize water quality impacts. In addition, culverts would be designed to handle
flow conditions and minimize flow impacts at each stream crossing.
COMPENSATORY MITIGATION: The Unified Stream Methodology of Virginia was used to assess impacts to
the stream channels and provided the basis for a compensatory mitigation debit calculation of 3,506
credits. The applicant proposed to purchase credits from the Flint River Mitigation Bank, which
currently does not have enough credits available. The applicant has proposed to provide the balance
of credits through permittee-responsible mitigation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on
an evaluation of the probable impacts including cumulative impacts of the activity on the public
interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife
values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal,
state, and local agencies and officials; Indian Tribes; and other interested parties in order to
consider and evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects, and the
other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National
Environmental Policy Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity. An EA will be prepared by this
office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: On March 4, 2012, Alabama Department of Transportation submitted
a Phase 1 Cultural Resource Assessment of the Proposed Huntsville Northern Bypass SR 255 to Alabama
Historical Commission (AHC 01-2033). No archaeological site or buildings within the proposed
project’s footprint have been determined eligible for listing in the National Register of Historic
Places. In addition, none of the archaeological sites assessed within the project right-of-way
have been determined eligible for listing in the NRHP. A copy of this notice is being sent to the
office of the State Historic Preservation Officer (SHPO) for preliminary comments, prior to
initiating Section 106 consultation.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and
Conservation (IPaC) website (http://ecos.fws.gov/ipac/) indicated the following Threatened (T) and
Endangered (E) species that may occur or could potentially be affected by the activities in this
location:
• MAMMALS: Gray bat (Myotis grisescens) (E)
Indiana bat (Myotis sodalis) (E)
Northern
Long-Eared Bat (Myotis septentrionalis) (T)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for
their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of
the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from
the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of
comments, the USACE will evaluate the potential effects on proposed and/or listed species and their
designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: Water Quality Certification from Alabama Department of Environmental Management
(ADEM) pursuant to Section 401 (a)(1) of the CWA. Other federal, state, and/or local approvals may
be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified
in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public
hearing.
COMMENT PERIOD: Written statements received in this office on or before October 22, 2017, will
become a part of the record and will be considered in the determination. Any response to this
notice should be directed to the Western Regulatory Field Office, Attention: Gary L. Davis at the
above address, telephone (256) 350-5620, or e-mail at gary.l.davis@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Gary L. Davis at the above
address or telephone number, or e-mail.
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers
.
US Army Corps of Engineers
Western Regulatory Field Office
File No. LRN-2012-00163
PN 17-19
Figure 1
Project Location
File No. LRN-2012-00163
PN 17-19
Figure 2
File No. LRN-2012-00163
PN 17-19
Figure 3
File No. LRN-2012-00163
PN 17-19
Figure 4
File No. LRN-2012-00163
PN 17-19
Figure 5
File No. LRN-2012-00163
PN 17-19
Figure 6
File No. LRN-2012-00163
PN 17-19
Figure 7
File No. LRN-2012-00163
PN 17-19
Figure 8
File No. LRN-2012-00163
PN 17-19
Figure 9
File No. LRN-2012-00163
PN 17-19
Figure 10
File No. LRN-2012-00163
PN 17-19
Figure 11
File No. LRN-2012-00163
PN 17-19
Figure 12
File No. LRN-2012-00163
PN 17-19
Figure 13
File No. LRN-2012-00163
PN17-19
Figure 14
File No. LRN-2012-00163
PN 17-19
Figure 15",60300020,,,,,Gary L Davis,gary.l.davis@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-19.pdf?ver=2017-09-25-175351-113,,,,,,
1351003,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1351003/public-notice-no-17-24-file-no-lrn-2017-00682/,,lrn,Nashville District,Livingston,,,Public Notice No. 17-24,Public Notice No. 17-24; File No. LRN-2017-00682,,2017-11-22,2017-10-23,,,,,,,"Proposed Barge Fleeting Areas along Tennessee River Mile 20.0 to 20.7, Right Bank, Livingston County, Kentucky (Trinity Energy & Infrastructure Group, LLC, Fleeting)
Public Notice No. 17-24
Nashville District
Application No. LRN-2017-00682
Date October 24, 2017; Expires: November 22, 2017
Please address all comments to: Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214 (Attn: Lisa R. Morris)
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Barge Fleeting Areas along Tennessee River Mile 20.0 to 20.7, Right Bank, Livingston County, Kentucky (Trinity Energy & Infrastructure Group, LLC, Fleeting)
TO ALL CONCERNED: The project described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the 1899 Rivers and Harbors Act and a Tennessee Valley Authority (TVA) permit pursuant to Section 26a of the TVA Act. The U.S. Army Corps of Engineers (USACE) has
lead federal agency role status for the coordination and conduct of environmental reviews for this proposal under the National Environmental Policy Act.
APPLICANT: Trinity Energy & Infrastructure Group, LLC
8345 Madisonville Road
Hopkinsville, KY 42240
LOCATION: Tennessee River Mile 20.0 to 20.7, Right Bank, Gilbertsville, Livingston County, Kentucky. USGS Map: Little Cypress-KY. Lat: 37.033647; Lon: -88.297531. Navigation Chart No. 3.
DESCRIPTION: The applicant is requesting to establish two (2) barge fleeting areas, each to hold twenty-five (25) barges in a 5x5 configuration for a total of fifty (50) standard sized barges (35’ x 195’) fleeting at the subject location. The barges would be secured by a total of six, 24”
diameter steel dolphins (three in each area), and placed 15 to 20 meters off the shoreline (Elevation 302.0). The upstream fleeting area would be used for empty barges (requires 2’ draft), and the downstream fleeting area would be used for both loaded and unloaded barges (9’ draft).
The dolphins would consist of a 72” diameter pipe driven into the river bottom to Elevation 260 and braced by two (2) angled 24” diameter pipes. A typical drawing of the dolphins is attached to this notice. Coordinates of the Dolphins, are as follows:
#1 Dolphin: 37° 1' 58.829''; -88° 17' 28.633''
#2 Dolphin: 37° 2' 1.104''; -88° 17' 30.844''
#3 Dolphin: 37° 2' 3.390''; -88° 17' 33.068''
#4 Dolphin: 37° 2' 17.376''; -88° 17' 46.000''
#5 Dolphin: 37° 2' 19.939''; -88° 17' 47.677''
#6 Dolphin: 37° 2' 22.495''; -88° 17' 49.355''
A recent mussel survey of the sites documented water depths of 10’ to 23’ feet deep at 20 meters off the shoreline. According to the application, a minimum of 9’ of water depth between barge and river bottom would be maintained in the upper fleeting area (where only empty barges are stored) and a minimum of 14’ water depth would be maintained in the lower fleeting area (where loaded barges would be moored). The applicant has indicated that dredging is not required. The Tennessee River is 1,350’ +/- feet wide in this area. The outside of the fleeting areas would not extend riverward more than 280 feet (85 meters). It is anticipated that a small low horsepower “switch boat,” stored at a separate local facility, would be utilized to move barges in and out of the fleeting areas.
PROJECT PURPOSE: The fleeting area would allow both loaded and unloaded barges of a single local user to be moored locally to improve the efficiency of that company’s commercial operation, and to minimize the travel time/distance to store and retrieve loaded/empty barges for processing. A condition of the lease would be the user would be responsible for compliance of the area (ensuring only empty barges are stored in the upstream barge fleeting area) and the user must store any work boats at a separate location.
SCOPE OF WORK: The scope of work is the footprint of the two fleeting areas (located over designated critical habitat for the Quadrula cylindrica (rabbitsfoot mussel)) including direct impacts in each of the dolphin locations. Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
According to the applicant, multiple locations were considered between TRM 17.5 and 21.5 for potential fleeting areas. Alternative fleeting methods, navigational impacts, river depths, and overall impacts to aquatic species were reviewed and compared to the applicant’s preferred proposal. The layout and designated use of the two fleeting areas was redesigned to avoid the mussel communities identified in a recent survey as much as possible. Originally, numerous deadman anchors were planned for securing barges. The current application, based upon the findings of the mussel survey, proposes to secure the barges with mooring dolphins, in deeper water, preventing the barges from hitting the river bottom by moving with the current or due to wave action. The
applicant found that many of the other locations did not have adequate water depths and/or had known mussel densities too great to disturb. The applicant indicated that a minimal fleeting area has been proposed that would meet their needs.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. A permit will be granted unless the District Engineer determines it to be contrary to the public interest.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE
to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested permits.
HISTORIC AND CULTURAL RESOURCES: The USACE archaeologist has reviewed the project proposal and determined there is little likelihood that a historic property exists or may be effected. A copy of this notice is being sent to the office of the State Historic Preservation Officer. This Public
Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: The proposed project has potential to impact listed mussel species and critical habitat for the Quadrula cylindrica (rabbitsfoot mussel). Seven mussel species potentially affected by the proposed project are: Orangefoot Pimpleback (Plethobasus cooperianus),
Fat Pocketbook (Potamilus capax), Pink Mucket (Lampsilis abrupta), Fanshell (Cyprogenia stegaria), Ringpink (Obovaria retusa), Spectaclecase (Cumberlandia monodonta), and the Rabbitsfoot (Quadrula cylindrica).
In 2017, Lewis Environmental Consulting, LLC, performed a mussel survey on the areas proposed for fleeting between Tennessee River Miles (TRM) 20.0 and 20.7 along the right descending bank in Livingston County, Kentucky. Specifically, two areas were surveyed including one area 1,200 feet (365 meters) in length and another 1,500 feet (457 meters) in length. The mussel survey was conducted in order to assess the current mussel fauna in the area and to determine if the potential exists for federally or state listed endangered or threatened mussel species to be present.
Additionally, the survey recorded water depths in the area. From 0 to 10 meters, water depth ranged from 0 to 6 feet deep, and 20 meters from shore, the water depth ranged from 10 to 23 feet deep and averaged 18 feet deep.
The 2017 survey of TRM 20.0 to 20.7 found a total of 5,992 live mussels from 29 unionid species.One mussel of the federally threatened species Quadrula cylindrical (Rabbitsfoot) was discovered in transacts surveyed for the lower fleeting area. In transacts surveyed for the upper fleeting area, one mussel of each Pink mucket and Orangefoot pimpleback and three individuals of Rabbitsfoot mussel were collected. The applicant has proposed to retain a malacologist to relocate mussels in the footprint of each dolphin to prevent any adverse impact to the mussels.
A biological assessment of the project's potential impact on protected mussel species Lampsilis abrupta (Pink mucket) and Plethobasus cooperianus (Orangefoot pimpleback) and Quadrula cylindrica (Rabbitsfoot mussel), critical habitat, and protected terrestrial species is being prepared
and will be provided, when available, to the USFWS, by separate correspondence. The agencies will initiate consultation with the USFWS necessary to fulfill our obligations under Section 7 of the Endangered Species Act.
OTHER APPROVALS: Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before November 22, 2017, will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Lisa Morris, at the above address, telephone
615-369-7506. It is not necessary to comment separately to TVA since copies of all comments will be sent to them and become part of their records on the proposal.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 17-24 Plans.pdf?ver=2017-10-23-153204-293,,,,,,
1352069,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1352069/public-notice-no-17-25-file-no-lrn-2017-00389/,,lrn,Nashville District,Giles,,,Public Notice No. 17-25,Public Notice No. 17-25; File No. LRN-2017-00389,,2017-11-23,2017-10-24,,,10830,,,,"This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Evans Hollow Stream Restoration Mitigation Plan and the submittal of an application requesting Nationwide Permit #27 verification to perform the stream mitigation work detailed in the mitigation plan.
Public Notice No. 17-25
Nashville District
Application No. LRN-2017-00389
Date: October 23, 2017; Expires: November 23, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Evans Hollow Stream Restoration Mitigation Plan and the submittal of an application requesting Nationwide Permit #27 verification to perform the stream
mitigation work detailed in the mitigation plan.
ILF PROGRAM SPONSOR: Tennessee Wildlife Resources Foundation
5000 Linbar Drive, Suite 275
Nashville, Tennessee 37211
BACKGROUND: The Tennessee Wildlife Resources Foundation’s TSMP ILF Instrument was approved on June 7, 2013, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Evans Hollow Stream Restoration Mitigation Plan has been submitted as a proposed addition to the ILF
Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu fee program mitigation site. As such, we are issuing this public notice to solicit comments for the instrument modification due to proposed addition of an in-lieu fee mitigation site.
PURPOSE: The Evans Hollow Stream Mitigation Plan would provide compensatory stream mitigation for permitted impacts within the Middle Tennessee Elk Geographic Service Area in accordance with TSMP’s approved ILF Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the TSMP. The IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 6,154 credits by restoring and enhancing 10,830 linear feet of three unnamed tributaries to East Fork Lynn Creek, and the preservation of 1,808 linear feet of two unnamed tributaries to East Fork Lynn Creek. These credits will be allocated to the Middle Tennessee Elk Geographic Service Area, which encompasses the following five (5) 8-digit HUC’s:
• 06030005 Pickwick Reservoir
• 06030002 Lower Elk River
• 06030004 Richland Creek
• 06030003 Upper Elk River
• 06030001 Battle Creek
Details are contained in the Evans Hollow Stream Restoration Project Mitigation Plan dated September 27, 2017. The plan can be viewed at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
LOCATION: The project site is located west of US Highway 31 running adjacent to Ella West Circle in a rural setting north of Lynnville, Giles County, Tennessee. This site lies within the Robertson Fork watershed (12-digit HUC 060300040202) and the Outer Nashville Basin (71h) Level IV eco-region.
Coordinates to the downstream project limits are N35.39296 W87.01051. The streams can be identified on the Lynnville, TN and Campbell Station, TN USGS 7.5 minute quadrangle maps.
HISTORIC AND CULTURAL RESOURCES:
A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural
resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW
The sponsor has coordinated the proposal to restore, enhance, and preserve approximately 12,638 inear feet of tributaries within the project site with the U.S. Fish & Wildlife Service (the Service) to obtain an official species list of federally listed species that have the potential to occur at the project area, or be impacted by the project. By letter dated August 2, 2017, the Service (FWS #2017-CPA-0741) stated, “Our database does not indicate any known records of federally listed species at the project site. However, based on aerial imagery, we are unable to determine if suitable roosting habitat for the federally endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis) is present at the site”. At this early
stage in the regulatory process, a Phase I Habitat Survey has not been submitted; therefore,USACE cannot complete an effects determination for endangered species. Upon submittal of the design plans, USACE would evaluate the design plans to define the project action area. A Phase 1 Bat Habitat Assessment would be required within the defined action area to determine the effects to M. sodalis and M. septentrionalis. USACE would evaluate the potential effects to listed species and initiate consultation with the U.S. Fish & Wildlife Service, as appropriate.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory
Division, Attention: Mark G. McIntosh at the above address or email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Public Notice 17-25
LRN-2017-00389
Exhibit A
MsF
Rl
Wo
DeD
DeC
ArB
Sr
DlD
Dc Re
Fg
MmC2
Re Ml
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Fd
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MnE3
BoD
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Go
BoF
BoF
MsD
Lt
MvC
Lt
Fe
DeD
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DeD
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MnE3
DeE
DeE
MsF
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BoD
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DlD
MmD
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Rl
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BoD
MmD
DeD
DeD
DeE
DeB
Sr
MsF
MvC
MnE3
DeE3
BoD
Sr
MnE3
DeE
DeE
Rl
Go
BoF
MmE
DlF
DeC
BoF
DeD
Gu
MsF
DeC
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MsF
BoD
ArB
MnE3
Sr
MmE
DeD
DeE
DeE
Ss
MmE
DeB
MvC
MmE
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DeD
Ly
MmE
MnE3
MsF
DlD
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DeE MmE
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BrC2
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Go
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La
MsF
Evans Hollow Stream Mitigation Project
Soils Map
Map Reference:
USDA - NRCS Soil Map - Giles County and Maury County, Tennessee
Public Notice 17-25
LRN-2017-00389
Exhibit B
0
400
800
1,200
Feet
Trib 1
Trib 2
Main Stem
Evans Hollow Stream Mitigation Project
Existing Aquatic Resources Map
Public Notice 17-25
FW Emergent Wetland
FWPond
Other
FW Forested/Shrub Wetland
Lake
Riverine
* Some aquatic resources are inaccurately located by NWI
Property Boundary
LRN-2017-00389
Exhibitc C
0
400
800
1,200
Feet
Trib 1
DA 0.1 sq. mi.
Trib 3
DA 0.06 sq. mi.
Trib 2
DA 0.3 sq. mi.
Main Stem
DA 0.93 sq. mi.
Evans Hollow Stream Mitigation Project
Topo Map
Existing Stream
Existing Pond
Map References:
USGS US Topo 7.5 - minute map for LYNNVILLE, TN
USGS US Topo 7.5 - minute map for CAMPBELL STATION, TN
Public Notice 17-25
LRN-2017-00389
Exhibit D
0
400
800
1,200
Feet
Trib 1
DA 0.1 sq. mi.
Trib 3
DA 0.06 sq. mi.
Trib 2
DA 0.3 sq. mi.
Public Notice 17-25
LRN-2017-00389
Exhibit E
Main Stem
DA 0.93 sq. mi.
Approach
Evans Hollow Stream Mitigation Project
Conceptual Map
Preservation
Buffer
Enhancement
Existing Pond
Restoration
Existing Stream (Not Included)
Property Boundary
0
400
800
1,200
Feet
Trib 1
DA 0.1 sq. mi.
Trib 3
DA 0.06 sq. mi.
Trib 2
DA 0.3 sq. mi.
Public Notice 17-25
LRN-2017-00389
Exhibit F
Main Stem
DA 0.93 sq. mi.
Evans Hollow Stream Mitigation Project
Hydrologic Determination Location Map
Determination Location
Property Boundary
Existing Stream
Existing Pond
0
400
800
1,200
Feet","06030001, 06030002, 06030003, 06030004, 06030005, 60300040",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 17-25 Plans.pdf?ver=2017-10-24-124919-183,,,,,,
1353153,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1353153/public-notice-no-17-21-file-no-lrn-2016-00122/,,lrn,Nashville District,Madison,-86.543932,34.679255,Public Notice No. 17-21,Public Notice No. 17-21; File No. LRN-2016-00122,,2017-11-25,2017-10-25,,,1140,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Mixed-Use Retail Development, Madison County, Alabama
Public Notice No. 17-21
Nashville District
Application No. LRN-2016-00122
Date: October 25, 2017; Expires: November 25, 2017
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: Gary L. Davis
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Mixed-Use Retail Development, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the
State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: JLB Holdings, LLC
Raymond B. Jones, Jr.
201 Williams Avenue, Suite 260
Huntsville, Alabama 35801
LOCATION: The proposed project is located approximately 0.5 miles east of the Garth Road and Carl T. Jones Drive Intersection in Huntsville, Madison County, Alabama. The proposed project is located on two unnamed tributaries of Aldridge Creek, within the Aldridge Creek (HUC 0603000209)
watershed, which flows into Tennessee River Mile 333.4R. The project site may be found on the Huntsville, AL 7.5 Minute USGS Quadrangle Maps (Latitude 34.679255°; Longitude -86.543932°).
DESCRIPTION: The proposed work consists of the discharge of fill material into 0.949 acre of wetlands and 1,140 linear feet of ephemeral stream and the permanent encapsulation of 1,560 linear feet of intermittent stream. The purpose of the project is to construct a mixed use retail development to serve the existing and growing population of the Jones Valley/southeast
Huntsville, Alabama areas. The native soil from the project site would be used to fill the wetland
and unnamed tributary. Four stream crossings would be constructed to access the development that would be constructed with bottomless culverts (120’ x 18’) to avoid impacts to
the unnamed tributary that flows along Carl T. Jones Drive. The development would consist of a grocery, restaurants, gas station, a fast food restaurant, and retail stores.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant proposed to use bottomless culverts to construct four stream crossings to avoid impacts to the unnamed tributary that flows along Carl T. Jones Drive. The size of the retail
development and location of the project, impacts to all waters of the U.S. could not be avoided. The applicant would minimize impacts to water quality and downstream habitat associated with the
stream crossings during construction by adhering to Alabama’s best management practices. Additionally, culverts would be designed to handle flow conditions and minimize flow impacts at each stream crossing.
COMPENSATORY MITIGATION: The applicant stated compensatory mitigation for wetland and streamimpacts would be achieved through the purchase of 1.898 wetland and 1,153 stream credits from an USACE approved mitigation bank. The Unified Stream Methodology of Virginia was used to assess
impacts to the stream channels and provided the basis for a compensatory mitigation debit calculation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public
hearing and to determine the overall public interest of the proposed activity. An EA will be
prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A Phase I Cultural Resources Survey was prepared by TerraXplorations, Inc. in February 2017. The investigation resulted in the discovery of one new archaeological site and one isolated find. These occurrences were recommended as ineligible for the National Register of Historic Places (NRHP) based on paucity of material, disturbances, and absence of diagnostics. A copy of this notice is being sent to the office of the State Historic Preservation Officer (SHPO) for preliminary comments, prior to initiating Section 106 consultation.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website (http://ecos.fws.gov/ipac/) indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern
Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe
(Pleurobema plenum) (E)
• CRUSTACEANS: Alabama Cave Shrimp (Palaemonias alabamae) (E)
• FLOWERING PLANTS: Morefield’s Leather Flower (Clematis morefieldii) (E); Price’s Potato-bean (Apios priceana) (T)
The applicant conducted a species habitat assessment of the site that found no individuals of the listed species. Their habitat, nor populations are known within the project boundaries.
Additionally, the site does not have any cave or cave-like features. The waters located on the site discharge into Aldridge Creek and none of the listed species are known to inhabit Aldridge Creek. A copy of the notice is being furnished to the United States Fish and Wildlife Service
(USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species.
After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before November 25, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: Gary L. Davis at the above address, telephone (256) 350-5620, or email at gary.l.davis@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Gary L. Davis at the above address or telephone number, or email.
Timothy C. Wilder
Chief, West Chief
Regulatory Division
U.S. Army Corps of Engineers",60300020,,,,,Gary L Davis,gary.l.davis@usace.army.mil,,,,,,,,
1371633,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1371633/public-notice-no-17-27-file-no-lrn-file-no-lrn-2017-00690/,,lrn,Nashville District,Davidson,,,Public Notice No. 17-27,Public Notice No. 17-27; File No LRN-File No. LRN-2017-00690,,2017-12-14,2017-11-14,,,,,,,"Proposed Discharge of Fill Material into Wetlands Associated with Nashville International Airport Terminal Employee Parking Lot Expansion Project, in Nashville, Davidson County, Tennessee
Public Notice No. 17-27
Nashville District
File No. LRN-2017-00690
Date: November 14, 2017;Expires: December 14, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214 (Attn: Lisa Morris)
SUBJECT: Proposed Discharge of Fill Material into Wetlands Associated with Nashville International Airport Terminal Employee Parking Lot Expansion Project, in Nashville, Davidson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the
discharge of fill material into waters of the U.S. Before a permit can be issued, certification must be provided by the State of Tennessee, Department of Environment and Conservation (TDEC), pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
The proposed project is located within the Metropolitan Nashville International Airport property. As such, the Federal Aviation Administration (FAA) has lead federal agency role status for the coordination and conduct of environmental reviews for this proposal under the National Environmental Policy Act (NEPA).
APPLICANT: Metropolitan Nashville Airport Authority (MNAA)
One Terminal Drive
Nashville, TN 37214
LOCATION: The proposed project would occur on wetlands adjacent to an intermittent tributary of McCrory Creek, on airport property northwest of the intersection of Murfreesboro Road and Faircloth Lane, Davidson County, Tennessee. USGS Quadrangle: Antioch, TN. The entire site lies within the
Stones River Lower Watershed [051302030309] 12-digit hydrologic unit code (HUC)
and drains to McCrory Creek. Latitude: 36.104523; Longitude: -86.667302.
DESCRIPTION: MNAA proposes to fill 1.20 acres of a single, partially forested wetland located at the head of an intermittent tributary of McCrory Creek. The purpose of the work is to expand existing employee parking to alleviate overcrowding of existing employee parking areas. The site plans describe the construction of 682 parking spaces, an entrance on Murfreesboro Pike, bus stopsand circulation driveways, and associated stormwater infrastructure within an overall 7.9 acre area. According to the application, MNAA is funded by airport fees, and no public taxes would be used to pay construction costs.
According to the application, Wetland 1 (1.20 acres) consists of 0.58 acres of grassy, mowed area and 0.62 acres of second growth hardwoods less than 10 years old. Aerial imagery from 1951 to
2010 shows the wetland area was formed after the construction of the adjacent employee parking lot in 2008. Wetland 1 is located within airport security zones and provides poor function for wildlife as security fencing reduces animal movement and airport land management practices specifically limit certain vegetative growth as efforts to avoid aircraft strikes by birds and bats.
Table 1: Summary of Proposed Impacts to Aquatic Resources
Impact Location
Current Resource
Impact
Latitude
Longitude
Wetland 1
Early Successional Vegetation, Hydrology from Stormwater Runoff
1.20 acres
36.104523
-86.667302
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: According
to the application, MNAA considered many alternatives that would avoid impact to the wetland prior to selecting the proposed plan, including a construction of a parking garage alongside the wetland, minimization of surface parking spaces, and alternative locations. The preferred alternative avoids the stream channel that flows out of the wetland (Watercourse 1). Watercourse 1 is an intermittent stream which the state has designated as impaired due to previous alterations.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: To mitigate the
loss of 1.20 acres of wetlands, MNAA proposes to purchase 2.4 in-system wetland mitigation bank credits (2:1 ratio) from the Swamp Road Wetland Mitigation Bank.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from
the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA (40 CFR Part 230). A DA permit will be granted unless the District Engineer determines that it would be contrary to the public interest.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA to the will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
USACE NEPA Scope of Analysis: The USACE NEPA Scope of Analysis, the Endangered Species Act (ESA) “Action Area,” and the National Historic Preservation Act (NHPA) ""Permit Area,"" for the proposed action is limited to the 1.2-acre wetland footprint area where filling would require a DA permit.
USACE/FAA Memorandum of Understanding (MOU) for FAA Work requiring a DA Permit: In accordance with the MOU, the FAA is the lead federal agency responsible for determining compliance pursuant NEPA. In this regard, MNAA provided a copy of the FAA’s draft “Short Environmental Assessment (EA) for
Airport Development Projects” that documents the project action and FAA’s NEPA determinations and coordination with the US Fish and Wildlife Service (USFWS) and the Tennessee Historical Commission, as follows:
ENDANGERED/THREATENED SPECIES: The FAA is the lead federal agency for compliance with Section 7 of the ESA. In this respect, the FAA determined no state or federal listed or
proposed endangered species or critical habitat would be adversely impacted by the proposed action. To make this determination, an acoustic survey for the Indiana bat, Myotis sodalis, and the Northern long-eared bat, Myotis septentrionalis was conducted. According to the survey report
Acoustic Survey for Listed Bats Proposed MNAA Employee Parking Lot Nashville, Davidson County, Tennessee (2017-CPA-0737) dated October 18, 2017, the applicant found no evidence of use of the site by the listed bat species. A copy of the survey is being furnished to the USFWS for their review. Per this notification, USACE requests comments from the USFWS concerning the
proposed action. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the ESA of 1972 (as amended).
HISTORIC AND CULTURAL RESOURCES: The FAA is the lead federal agency for compliance with Section 106 of the NHPA. As summarized in the FAA’s draft EA, in October 2007, a Phase I cultural resources survey was conducted to document and assess archaeological and architectural resources of
the project site. Archaeologically, the area surveyed consisted of a 26-acre tract. The area surveyed for architectural (above ground) structures included a 0.5 mile area surrounding the 26-acre area, as well as any areas in view of a historic resource. Based on findings from the survey, the FAA concluded that “the proposed project will not impact any properties in or eligible for inclusion in the National Register of Historic Places.” The Phase I cultural resources report
is on file at the Tennessee Division of Archaeology, Nashville. Copies of this notice are being sent to the office of the State Historic Preservation Officer and the U.S. Department of the Interior, National Park Service.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from the State of Tennessee, TDEC, is required for the proposed work in accordance with Section 401(a)(1) of the CWA.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before December 14, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Lisa Morris, at the above
address, telephone 615-369-7506 or email Lisa.R.Morris@usace.army.mil.
\s\
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. ArmyCorps of Engineers",51302030,,,,,Lisa R Morris,Lisa.R.Morris@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-27.pdf?ver=2017-11-15-124017-797,,,,,,
1383931,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1383931/public-notice-no-17-23a-file-no-lrn-2016-00015/,,lrn,Nashville District,Knox,,,Public Notice No. 17-23A,Public Notice No. 17-23A; File No. LRN-2016-00015,,2017-12-14,2017-11-30,,,,,,,"Proposed expansion of existing industrial facility in Knoxville, Knox County, Tennessee
Public Notice No. 17-23A
Nashville District Corps
Application No. LRN-2016-00015
Date: November 29, 2017;Expires: December 14, 2017
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division
East Regulatory Office (Attn: Aric Payne)
3701 Bell Road, Nashville, TN 37214
SUBJECT: Proposed expansion of existing industrial facility in Knoxville, Knox County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Application (ARAP NRS No. 16.149) has also been made to the State of Tennessee, Department of Environment and
Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT: Republics Plastics
5428 North National Drive
Knoxville, Tennessee 37914
LOCATION: Wetlands adjacent to Sand Branch, Holston River; HUC 060101040304 – Sand Branch Watershed; Latitude N. 35.9582°, Longitude W. -83.8226°; National Drive in Knoxville, Knox County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes expand its existing industrial facility on its own property, which includes the deposition of fill material into 1.4 acres of jurisdictional wetlands.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: In order to meet expanded business demands, Republic Plastics has a need to increase production at their facility at Forks of the River Industrial Park in Knox County, Tennessee. The facility is poised to double its production and increase workforce from 125 to 225 employees once the expansion project moves forward.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to offset unavoidable impacts by purchasing credits from Shady Valley Wetland Mitigation Bank at a 2:1 ratio.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable
detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.
As the proposed activity involves the discharge of fill material into the waters of the U.S., the evaluation of the probable impacts on the public interest will include application of the guidelines promulgated by the Administrator of the U.S. Environmental Protection Agency at 40 CFR 230.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers, Nashville District (Corps) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. In accordance with the Council on Environmental Quality (40 CFR 1500- 1508) and Corps (Engineer Regulation (ER) 200-2-2, dated 1988) regulations for implementing National Environmental Policy Act (NEPA), this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are used to assess impacts on fish, wildlife, endangered species, water quality, historic properties, water supply, conservation, economics,
aesthetics, wetlands, flood hazards, floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy needs, safety, climate change, considerations of property ownership, general environmental effects, cumulative effects, and in general, the needs and welfare of the people. Any comments received will be considered by the Corps prior to a
final decision concerning the authorization of the project, i.e. the issuance, modification, or
denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates there are three federally listed historic properties within one-mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or
endangered or any designated critical habitat. Initial coordination with the USFWS indicates the presence of several federally listed endangered or threatened species in the vicinity of the action area, which are described below. A request will be made to the applicant to evaluate the project in light of potential impacts to threatened and endangered species including potential impacts to the Indiana bat (Myotis sodalis), Northern Long-eared bat (Myotis septentrionalis) and Gray bat (Myotis grisescens). A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by December 14, 2017, will become a part of the record and considered in the determination. A 30 day public notice was issued from September 15 to October 14, 2017, Public Notice No. 17-23. This notice serves as an update to modified project plans,
after the closing of the initial public notice. Any response to this notice N-2016-00015, and be directed to the Regulatory
Division, Attention: Aric Payne, at the above address or at aric.j.payne@usace.army.mil.
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers
File No. LRN-2016-00015
PN 17-23A
Exhibit 1 of 3
File No. LRN-2016-00015
PN 17-23A
Exhibit 2 of 3
LRN-2016-00015; Proposed Republic Plastics Expansion Area of Impact
File No. LRN-2016-00015
PN 17-23A
Exhibit 3 of 3
-3/1SPQPTFE3FQVCMJD1MBTUJDT&YQBOTJPO""SFBPG*NQBDU",60101040,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-23A.PDF?ver=2017-11-30-103212-630,,,,,,
1385947,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1385947/swannanoa-river-watershed-section-205-flood-risk-management-detailed-project-re/,,lrn,Nashville District,Buncombe,,,Swannanoa River Watershed,"Swannanoa River Watershed, Section 205 Flood Risk Management, Detailed Project Report and Environmental Assessment and Unsigned Finding of No Significant Impact Statement, Asheville, Buncombe County, North Carolina",,2018-01-31,2017-12-01,,,,,,,"The U.S. Army Corps of Engineers Nashville District seeks public comment on its Swannanoa River Watershed, Section 205 Flood Risk Management, Detailed Project Report and Environmental Assessment and Unsigned Finding of No Significant Impact Statement, Asheville, Buncombe County, North Carolina.
The U.S. Army Corps of Engineers, Nashville District (Corps) has prepared a Detailed Project Report and Environmental Assessment to evaluate measures and alternatives for a flood risk management study for the Swannanoa River Watershed in Buncombe County, North Carolina, near Asheville. A wide variety of forty eight FRM measures were developed that would address one or more planning objectives. These measures were then screened for efficiency and acceptability. Seven structural measures were evaluated in further detail along with non-structural measures. The final array of four measures were combined into alternatives. The recommended plan, Biltmore 700 foot cut, includes a bank modification upstream and downstream of Biltmore Avenue Bridge for approximately 700 feet.
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
. 110 9TH AVENUE SOUTH, ROOM A-405
NASHVILl,.E, TENNESSEE 37203
IN REPLY REFER TO
DEC OJ 2017
Project Planning Branch
TO ALL INTERESTED PARTIES:
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a
Integrated Detailed Project Report and Environmental Assessment (DPR/EA), dated
August 2017 for the Swannanoa Watershed Flood Risk Management Study to analyze
potential solutions for flooding problems within the Swannanoa Watershed in Buncombe
County, North Carolina, near the city of Asheville. Figure 1 shows the study area for the
project.
In addition to the ""no action"" alternative, the DPR/EA evaluated a wide variety of flood
risk management measures that were developed to address one or more of the planning
objectives. The DPR/EA revealed, based on existing conditions, that the recommended
plan, Biltmore 700 Foot Bank Cut, was the National Economic Development (NED) Plan.
The NED plan provides the greatest net annual benefits of any of the considered
alternatives. The recommended plan includes a bank modification upstream and
downstream of Biltmore Avenue Bridge. North Carolina Department of Transportation
(NCDOT) has already widened the bridge span so the structure would not be modified
during this project.
This letter serves as a Notice of Availability for reviewing the EA and unsigned FONSI.
This EA is prepared pursuant to the National Environmental Policy Act (NEPA), Council on
Environmental Quality Regulations (40 CFR 1500-1508), and the USAGE implementing
regulation, ER 200-2-2, 1988, Policies and Procedures for Implementing NEPA. Electronic
copies of the documents can be found at: http://www.lrn.usace.army.mil/Media/PublicNotices/Category/10561/project-planning-branch/.
Please submit any written comments no later than thirty days from the date of this
letter to ensure consideration in the EA. Send your written comments to the address listed
on the letterhead, ATTN: CELRN-PMP (Chip Hall), or email your comments to
CorpsLRNPlanningPublicCom@usace.army.mil. Your participation is greatly appreciated.
Sincerely,
· ·~~
~Angela E. Dunn
Chief, Project Planning Branch
Figure 1. Swannanoa Section 205 Study Area
Figure 2. Swannanoa Section 205 Study Area",,,,,,Corpslrnplanningpubliccom,CorpsLRNPlanningPublicCom@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/PPPMD/NOA%20Swannanoa%20Flood%20Control%20Study%2011.29.2017.pdf?ver=2017-12-01-154703-850,,,,,,
1389500,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1389500/public-notice-no-17-30-file-no-lrn-2017-00390/,,lrn,Nashville District,Roane,,,This notice announces a prospectus has been submitted for the development of the Paint Rock Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332,Public Notice No. 17-30: File No. LRN-2017-00390,,2018-01-06,2017-12-06,,,1880,,,,"This notice announces a prospectus has been submitted for the development of the Paint Rock Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
Public Notice No. 17-30
Nashville District
Application No. LRN-2017-00390
Date: December 6, 2017; Expires: January 6, 2017
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Paint Rock Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
BANK SPONSOR: Blue Ridge Waterways
Attention: Mr. Andrew Bick
300 Walker Boulevard
Maryville, Tennessee 37803
LOCATION: The proposed mitigation bank is located on a 250-acre farm located west of Philadelphia in Roane County, Tennessee (Latitude N 35.7382, Longitude W -84.5098). The proposed mitigation bank is located on Paint Rock Creek, which is a major tributary to the Fort Loudon Lake.
PURPOSE: The Paint Rock Creek Mitigation Bank is proposed to provide compensatory stream & wetland mitigation for permitted impacts within the primary service area of Watts Bar Lake Watershed (HUC 06010201). The Bank’s proposed secondary service area includes the following watersheds within the
Tennessee River Drainage and Ridge and Valley Ecoregion: Emory River (HUC 06010107), Lower French Broad River (HUC 06010107), Lower Clinch River (HUC 06010204), Little Tennessee River (HUC 06020002), Hiwassee River and Chickamauga Reservoir (HUC06020001).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department
of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor.
The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and
the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The project concept is a comprehensive restoration of the entire Paint Rock Creek floodplain, with functional uplifts from improved stream and wetland hydrology, channel hydraulics and sediment transport, riparian buffers, and aquatic and terrestrial habitats.
The stream and wetland restoration activities complement each other, i.e. the restored streams will improve the hydrology and vegetative components of the restored wetlands, and vice versa. The proposed mitigation approach involves a combination of establishment of 1,880 linear feet of new stream channel, and the restoration and enhancement of 7,460 linear feet of existing channel along Paint Rock Creek and seven unnamed tributaries. Approximately 40 acres of wetlands are proposed to be restored.
Details are contained in the Paint Rock Creek Mitigation Bank Prospectus dated November 7, 2017. To view the plan, please contact Mr. Mark McIntosh at: mark.g.mcintosh@usace.army.mil. Information in the prospectus would serve as the basis for establishing the stream and wetland mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of
impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic
Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Roane County, Tennessee:
Species Nomenclature
Federal Status
Clams
Orange Pimbleback (Plethobasus cooperianus)
Endangered
Pink mucket (Lampsilis abrupta)
Fishes
Snail darter (Percina tanasi)
Endangered
Flowering Plants
White Fringeless Orchid (Platanthera integrilabia)
Threatened
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Endangered
Snail
Anthony's River snail (Athearnia anthonyi)
Endangered
A copy of this notice is being furnished to USFWS for their review and comments. After receipt of comments, the Corps will evaluate the potential effects to proposed and/or listed species and their designated critical habitat and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
US Army Corps of Engineers","06010107, 06010201, 06010204, 06020001, 06020002",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 17-30 Plans.pdf?ver=2017-12-06-101406-277,,,,,,
1393275,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1393275/public-notice-no-17-31-file-no-lrn-2017-00546/,,lrn,Nashville District,Chester,,,Public Notice No. 17-31,Public Notice No. 17-31; File No. LRN-2017-00546,,2018-01-10,2017-12-11,,,1035,,,,"This notice announces a Prospectus that has been submitted for the development of the Center Point Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 17-31
Nashville District
Application No. LRN-2017-00546
Date: December 11, 2017; Expires: January 10, 2018
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the Center Point Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Mitigation Management
Attention: Mr. Sean Miller
1551 Jennings Mill Road Suite 1800-B
Watkinsville, Georgia 30677
LOCATION: The proposed mitigation bank is located on a 60-acre farm approximately 12 miles south of the City of Lexington in Reagan, Chester County, Tennessee (Latitude N 35.47885, Longitude W-88.37324). The proposed mitigation bank would restore seven tributaries to Middleton Creek.
PURPOSE: The Center Point Mitigation Bank proposes to provide compensatory stream mitigation for permitted impacts within the primary service area of the TN Western Valley (Beech) Watershed (HUC 06040001). The Bank’s proposed secondary service area includes the following watersheds within the
boundary of Ecoregion 71f: TN Western Valley (Kentucky Lake) (HUC 06040005), Buffalo (HUC 06040004), and Lower Duck (HUC 06040003).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor
would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: The project goals are to improve the resource functions of Middleton Creek through restoration of seven tributaries within the watershed of Middleton Creek. Functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion,
improvement to aquatic and terrestrial habitat, and improvement to riparian stream buffers. The proposed mitigation approach involves a combination of establishment of 1,035 linear feet of new stream channel, restoration and enhancement of 16,444 linear feet of existing stream channel, and
preservation of 6,898 linear feet of existing stream channel.
Details of the mitigation plan are contained in the Center Point Mitigation Bank Prospectus dated November 14, 2017. The plan can be viewed by emailingPeyton Abernathy at:
Peyton.S.Abernathy@usace.army.mil.Information contained in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would include a detailed description of the physical and legal characteristics of the bank and how
the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I archaeological survey has been conducted for the site and is contained within the
mitigation Prospectus. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential for impacts to historic and cultural resources in compliance with Section 106 of the
National Historic Preservation Act. If USACE determines
that consultation is required, consultation with the Tennessee Historic Commission State Historic
Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in Chester County, Tennessee:
Species Nomenclature
Federal Status
Flowering Plants
Whorled Sunflower (Helianthus verticillatus)
Endangered
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps Engineers","06040001, 06040003, 06040004, 06040005",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-31.pdf?ver=2017-12-11-105240-753,,,,,,
1405844,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1405844/public-notice-no-17-29-lrn-2017-00675/,,lrn,Nashville District,Morgan,-86.9732,34.61082,Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Barge Dock and Mooring Cells in Decatur,Public Notice No. 17-29 LRN-2017-00675,,2018-01-28,2017-12-29,,,80,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Barge Dock and Mooring Cells in Decatur, Morgan County, Alabama
Public Notice No. 17-29
Date: December 28, 2017
Application No. 2017-00675
JOINT PUBLIC NOTICE: US ARMY CORPS OF ENGINEERS, TENNESSEE VALLEY AUTHORITY, AND THE STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Barge Dock and Mooring Cells in Decatur, Morgan County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: AGRI-AFC
Paul Thompson
P.O. Box 2227
Decatur, Alabama 35602
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Wheeler Lake at Tennessee River Mile 305.1, Left Bank, in Decatur, Morgan County, Alabama. The project site may be found on the Decatur, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.61082°; Longitude -86.9732°).
DESCRIPTION: The proposed work consists of the discharge of fill material into Tennessee River (Wheeler Lake) for the construction of a dock and mooring cells to facilitate the loading and unloading of barges. The 58-foot wide dock would extend 80 linear feet lakeward, incorporate two 24-foot diameter mooring cells on either side of the face of the dock, and include a conveyor belt system to transport the material from the barges to the warehouse. Two additional 24-foot diameter mooring cells would be located approximately 70 feet from the dock, one upstream and the other downstream. Approximately 2,038 cubic feet of fill material would be used to construct the dock and mooring cells. Fill material consisting of soil, limestone aggregate, and concrete would be placed within sheet piles during installation. The mooring cell located on the west side of the dock would be capped with concrete; the remaining cells would have an aggregate cap. Approximately 75 linear feet of vegetated shoreline would be cleared to allow for the construction of the dock. An 18’ x 4’ grouted rip-rap flume would be constructed below an existing 24-inch steel drainage pipe and extend to the water’s edge to protect the shoreline. An existing set of steps and platforms located on the shoreline within this area would be removed.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: This area is currently used for loading and unloading materials from barges and because of the nature of the work impacts to all waters of the U.S. (WOUS) could not be avoided. To minimize impacts to WOUS, the width of the dock was reduced from 100’ to 60’, but was extended lakeward to provide navigational depth for barges and to avoid the need for dredging.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) identified 11 historic properties in Morgan County, AL within one mile of the project site: Albany Heritage Neighborhood Historic District, Bank Street Historic District, Bank Street-Old Decatur Historic District (Boundary Increase), Cotaco Opera House, Col. Francis Dancy House, New Decatur Albany Historic District, New Decatur—Albany Historic District (Boundary Increase),
New Decatur—Albany Residential Historic District (Boundary Increase), Rhea-McEntire House,
Southern Railway Depot, and the State Bank Building. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on December 4, 2017 indicated the following Threatened (T) and Endangered © species that may occur or could potentially be affected by the activities in this location:
MAMMALS: Gray bat (Myotis grisescens) ©; Indiana bat (Myotis odalist) ©; Northern Long-Eared Bat (Myotis septentrionalis) (T)
CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) ©; Rough Pigtoe (Pleurobema plenum) ©; Sheepnose Mussell (Plethobasus cyphyus) ©; Snuffbox Mussel (Epioblasma triquetra) ©; Spectaclecase (mussel) (Cumberlandia monodonta) ©
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7© of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
TVA approval is required under Section 26a of the TVA Act for all work that may occur on property that is under TVA control or custody and would be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before January 28, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: Gary L. Davis at the above address, telephone (270) 702-1312, or email at gary.l.davis@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Gary L. Davis at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Regulatory Branch
Regulatory Division",,,,,,Gary L Davis,gary.l.davis@usace.army.mil,,"https://lrn.usace.afpims.mil/Portals/49/docs/Regulatory/PN%2017-29%20Plans.pdf?ver=2017-12-29-104616-643
http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1405844/public-notice-no-17-29-lrn-2017-00675/",,,,,,
1415361,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1415361/public-notice-17-28-file-no-lrn-0-3416100/,,lrn,Nashville District,Rhea,,,Public Notice 17-28,Public Notice 17-28; File No. LRN-0-3416100,,2018-02-12,2018-01-12,,,,,,,"Proposed Maintenance Dredging, Earthen Sediment Berm and Concrete Boat Ramp Construction at Dayton Harbor Marina, Dayton, Rhea County, Tennessee
Public Notice No. LRN-17-28
Nashville District
Application No. LRN-0-3416100
Date: January 12, 2018;Expires: February 12, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
SUBJECT: Proposed Maintenance Dredging, Earthen Sediment Berm and Concrete Boat Ramp
Construction at Dayton Harbor Marina, Dayton, Rhea County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of
Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act. Additionally, the verification of a Nationwide Permit 16, Return Water from Upland Contained Disposal Area, is being considered for the dredge material disposal site under Section 404 of the CWA.
APPLICANT(S): Rhea County Government
Attn: Mayor George Thacker
375 Church Street, Suite 215
Dayton, TN 37321
City of Dayton
Attn: Mayor Gary Louallen
P.O. Box 226 Dayton, TN 37321
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within Dayton Harbor Marina, Richland Creek 2.9L, Tennessee River Mile 504.5R, in Dayton, Rhea County, Tennessee. The project is located
on Chickamauga Reservoir within the Little Richland Creek-Richland Creek Watershed HUC-12 060200010202. The project site can be found on the Graysville, Tennessee 7.5 Minute quadrangle map. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to conduct maintenance dredging of Dayton Harbor Marina. The dredging project includes the removal approximately 11,750 cubic yards of sediment. The applicant proposes to discharge 3,533 cubic yards of fill for the construction of the earthen sediment berm within the harbor limits. Additionally, the applicant proposed to construct a new 40ft x 100ft concrete boat launch ramp. Plans and location maps of the proposed project are provided in this notice. See Attachment 2: Project Plans, Sheets 1-4. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Additional impacts to Richland Creek and Chickamauga Reservoir have been limited to the existing harbor limits of Dayton Harbor. The proposed berm location occurs within an area where a natural point bar has formed from the fall out of sedimentation.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the maintenance dredging and sediment berm installation.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, to the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of
Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity. An Environmental Assessment will be prepared
prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Pink mucket (Lampsilis abrupta)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Fishes
Snail darter (Percina tanasi)
Threatened
Spotfin Chub ((Erimonax monachus)
Laurel dace (Chrosomus saylori)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
b. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before February 12, 2017, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-0-3416100 and be directed to the East Regulatory Branch, Attention: Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60200010,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 17-28.pdf?ver=2018-01-12-182817-917,,,,,,
1418284,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1418284/special-public-notice-public-notice-no-18-01/,,lrn,Nashville District,,,,Special Public Notice,Special Public Notice; Public Notice No. 18-01,,,2018-01-18,,,,,,,"Announcement of Tennessee Stream Quantification Tool (TN SQT) Availability, Applicability, and Comment Period.
Public Notice No. 18-01
Special Public Notice
Nashville District
Application No.
Please address all comments to: Nashville District Corps of Engineers, Regulatory Branch
(Attn: Joshua Frost) 3701 Bell Road, Nashville, TN 37214
SUBJECT: Announcement of Tennessee Stream Quantification Tool (TN SQT) Availability, Applicability, and Comment Period.
PURPOSE: The purpose of this public notice is to announce to Department of the Army (DA) permit applicants, sponsors, consultants, industry, and the general public the availability of TN SQT. Comments on the stream assessment tool and associated supporting documents are being accepted by
Tennessee Department of Environment and Conservation (TDEC) through February 2, 2018. All comments can be email to Vena.L.Jones@tn.gov.
TN SQT AVAILABILITY AND APPLICABILITY: The Nashville and Memphis U.S. Army Corps of Engineers (Corps) have worked as partners with TDEC, US Environmental Protection Agency, Stream Mechanics, LLC, the Tennessee Interagency Review Team, and others to develop a regionalized stream assessment. The IRT is comprised of the following agencies: Tennessee Department of Environmental Conservation (TDEC), U.S. Environmental Protection Agency (EPA),
U.S. Fish and Wildlife Service (USFWS), Natural Resources Conservation Service (NRCS), Tennessee Wildlife Resources Agency (TWRA), Tennessee Valley Authority (TVA), and Corps (IRT chair). The TN SQT consists of a series of user manuals, spreadsheets, and reference information that has been developed to assist the public and regulatory agencies in assessing streams to support permit decisions. The TN SQT will initially be used as a tool to assess the functional lift associated with stream restoration projects used as compensatory mitigation for aquatic resource losses associated with permit decisions. In addition to the TN SQT, other assessment methodologies may be considered on a case-by-case basis provided they utilize the best available science. Links to the TN SQT and supporting documents are provided below:
Data Collection and Analysis Manual (Draft) https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-data-
collection-and-analysis-manual-DRAFT.pdf
Rapid Data Collection Methods https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-rapid-data-
collection-methods-DRAFT.pdf
Spreadsheet User Manual
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-spreadsheet-
user-manual-DRAFT.PDF
List of Metrics
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-list-of-
metrics-113017.xlsx
Tennessee Stream Quantification Tool v 0.99
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_tn-sqt-tool-v0.99.xlsx
Our intent in participating in the development of the TN SQT is to provide an assessment methodology that will provide clear expectations to the public and a consistent and more efficient review that is rooted in sound science and is compliant with all applicable laws. Additionally, the resulting joint development effort with TDEC, Nashville and Memphis Districts will support the use of the TN SQT by both state and federal agencies across the state of Tennessee, further supporting a consistent regulatory review.
The TN SQT is not certified for use in Corps Civil Works ecosystem restoration and mitigation projects. In May 2005, the Corps established a Model Certification process known as the Planning Models Improvement Program (PMIP) to review, improve and validate analytical tools and models for Corps Civil Works business programs [Engineering Circular (EC) 1105-2-412]. The EC requires use of certified models for all planning activities and tasks the Ecosystem Restoration Planning Center of Expertise (ECO-PCX) to evaluate the technical soundness of models used in ecosystem restoration and mitigation projects. The TN SQT is not encumbered by the EC and will undergo separate evaluation by ECO-PCX should Corps Civil Works Planning have an interest in using this assessment methodology.
CONTACT INFORMATION: All public notice comments can be email to Vena.L.Jones@tn.gov. However, requests for additional information may be directed to Mr. Joshua Frost at (615) 369-7519,
U.S. Army Corps of Engineers, Nashville District, 3701 Bell Road, Nashville, Tennessee 37214.
Tammy R. Turley
Chief, Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,,,,,,,
1434132,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1434132/public-notice-no-18-03-file-no-lrn-2012-00692/,,lrn,Nashville District,Sumner,,,Public Notice No. 18-03,Public Notice No. 18-03; File No. LRN-2012-00692,,2018-03-06,2018-02-06,,,,,,,"This notice announces a request to amend the Tennessee Wildlife Federation Statewide Wetland In-Lieu Fee Program Instrument to include the West Fork Drakes Creek In- Lieu Fee Wetland Mitigation Project.
Public Notice No. 18-03
Nashville District
Application No. LRN-2012-00692
Date: February 6, 2018; Expires: March 6, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a request to amend the Tennessee Wildlife Federation Statewide Wetland In-Lieu Fee Program Instrument to include the West Fork Drakes Creek In- Lieu Fee Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Wildlife Federation
Attention: Mr. Chris Roberts 300 Orlando Avenue
Nashville, Tennessee 37209
BACKGROUND: The Tennessee Wildlife Federation (TWF) Statewide Wetland In-Lieu Fee (ILF) Program Instrument was originally approved on April 2, 2012, and amended on September 7, 2017, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The West Fork Drakes Creek ILF
Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide
public notice of the proposed addition of an in-lieu fee program mitigation site. As such, we are issuing a Public Notice to solicit comments for the instrument modification due to the proposed addition of an in-lieu fee mitigation site.
LOCATION: The proposed wetland mitigation project area would consist of approximately 34.2 acres located at 536 Old Gallatin Road in Sumner County, Tennessee (Latitude N 36.558, Longitude W -86.497). The proposed wetland mitigation project is located adjacent to an unnamed tributary to West Fork Drakes Creek, which is a major tributary to the Barren River. The project is located on the same parcel as the proposed West Fork Drakes Creek Stream Mitigation Bank
(LRN-2018-00086; PN 18-02). Both mitigation sites will be reviewed independently.
PURPOSE: The West Fork Drakes Creek ILF Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Middle Cumberland River Service Area in accordance with TWF’s approved ILF Instrument. Wetland mitigation would be accomplished through the
re-establishment of 34.2 acres of forested wetland.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the ILF mitigation sites through the development of an amendment to the approved ILF Program Instrument. The IRT will review the prospectus, amendment,and other appropriate documents and provide comments to the USACE.
The approval for the use of the ILF Site for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the site for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The project goals include: (1) Restoration of wetland hydrology to improve wildlife habitat on approximately 34.2 acres: (2) Improve water quality and increase flood storage capacity in the West Fork Drakes Creek Watershed; (3) Re-establish wetland habitat in close proximity to impacts collected by TWF; (4) Restore larger (>25 acres), more ecologically valuable wetlands and associated upland buffer habitats in the Barren River watershed as outlined in the Barren River Watershed Water Quality Management Plan (2007);
(5) Provide wetland habitat suitable for compensation of losses of the waters of the United States in Tennessee resulting from impacts in TWF’s Middle Cumberland River service area; and (6) Permanently protect wildlife habitat consistent with the mission of TWF. The objectives of the project are to re-establish approximately 34.2 acres of palustrine forested wetland on an area that
has been historically drained for row crops and pasture use. Mitigation activities include removing a network of tile drains, excluding livestock, cessation of agricultural activities, and planting native wetland vegetation. These activities will improve wildlife habitat, increase flood storage capacity, and reduce nutrient loading from nearby land uses. Specific details are contained in the West Fork Drakes Creek ILF Wetland Mitigation Project Prospectus dated December 4, 2017. The prospectus can be viewed here. Information in the prospectus would serve as the basis for amending TWF’s Wetland ILF Program Instrument to include the West Fork Drakes Creek Wetland Mitigation Project Site. The amendment would serve as
the basis for deriving credits to the ILF program for this site.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Sumner County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory
Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
US Army Corps of Engineers",,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-03 Plans.pdf?ver=2018-02-06-172436-840,,,,,,
1434170,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1434170/public-notice-no-18-02-file-no-lrn-2018-00086/,,lrn,Nashville District,Sumner,,,Public Notice No. 18-02,Public Notice No. 18-02; File No. LRN-2018-00086,,2018-03-06,2018-02-06,,,4010,,,,"This notice announces a prospectus has been submitted for the development of the West Fork Drakes Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
Public Notice No. 18-02
Nashville District
Application No. LRN-2018-00086
Date: February 6, 2018;Expires: March 6, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the West Fork Drakes Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
BANK SPONSOR: Blue Ridge Waterways
Attention: Mr. Andrew Bick
300 Walker Boulevard
Maryville, Tennessee 37803
LOCATION: The proposed stream mitigation bank is located on a 144-acre farm southeast of Portland in Sumner County, Tennessee (Latitude N 36.558079, Longitude W -86.494856). The proposed mitigation bank is located on West Fork Drakes Creek, which is a major tributary to the Barren River. The project is located on the same parcel as the proposed West Fork Drakes Creek In-Lieu Fee Wetland Mitigation Project (LRN-2012-00692; PN 18-03). Both mitigation sites will be evaluated by Corps independently.
PURPOSE: The West Fork Drakes Creek Stream Mitigation Bank is proposed to provide compensatory stream mitigation for permitted impacts within the primary service area of the Barren River Watershed (HUC05110002). The Bank’s proposed secondary service area includes the following watersheds within the Cumberland River Drainage and Interior Plateau Ecoregion: Red River (HUC05130206) and the Old Hickory Lake Watersheds (HUC05130201).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and
the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The proposed project would restore and establish approximately 4,010 linear feet (LF) of stream channel along two unnamed tributaries (UTs) to West Fork Drakes Creek. The existing streams are degraded due to habitat alterations, channelization, excessive fine sediment from bank erosion, unrestricted cattle access, cleared riparian buffers and an impoundment. Project goals include: (1) Re-construct dynamically stable stream channels in order to improve bedform diversity, lateral stability, and floodplain connectivity along project streams that have been channelized, impounded and trampled by cattle; (2) Remove hydrologic modifications (floodplain drainage tiles, berms, levees, pond impoundment, road crossings,
culvert, and fence channel blockages) in order to improve overland and subsurface water exchange and sediment transport continuity; (3) Increase channel sinuosity in order to reduce flow velocities, promote the formation of natural riffles and pools, and improve lateral and vertical stability; (4) Permanently remove livestock from the streams and riparian buffers by installing livestock exclusion fence in order to reduce excessive nutrients and pollutants caused by unrestricted cattle access and agricultural activities within the riparian buffers; (5) Re-establish 50 foot wide riparian buffers on both banks of project streams, to be composed of planted native bottomland hardwood forest community; and (6) Permanently protect restored streams, riparian wetlands and riparian areas in a conservation easement. The proposed mitigation approach involves a combination of establishment of 1,000 linear feet of new stream channel, and the restoration and enhancement of 3,010 linear feet of existing stream. Details are contained in the West Fork Drakes Creek Stream Mitigation Bank Prospectus dated December 4, 2017. The plan can be viewed here. Information in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORICAL AND CULTURAL RESOURCES: A search of the National Register returned no findings of Historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Sumner County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05110002, 05130201, 05130206",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-02 Plans.pdf?ver=2018-02-06-174607-780,,,,,,
1439305,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1439305/public-notice-no-18-06-file-no-lrn-2016-01252/,,lrn,Nashville District,Maury,,,,Public Notice No. 18-06: File No. LRN-2016-01252,,2018-03-14,2018-02-12,,,30911,,,,"This notice announces a request to modify the Tennessee Stream Mitigation Program In-Lieu Fee Instrument to include the Griggs Hollow Stream Restoration Mitigation Plan.
Public Notice No. 18-06
Nashville District
Application No. LRN-2016-01252
Date: February 12, 2018;Expires: March 14, 2018
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Griggs Hollow Stream Restoration Mitigation Plan.
ILF PROGRAM SPONSOR: Tennessee Wildlife Resources Foundation
5000 Linbar Drive
Suite 275
Nashville, TN 37211
BACKGROUND: The Tennessee Wildlife Resources Foundation’s TSMP ILF Instrument was approved on June 7, 2013, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Griggs Hollow Stream Restoration Mitigation Plan has been submitted as a proposed addition to the ILF
Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu-fee program mitigation site. As such, we are issuing this public notice to solicit comments for the instrument modification for addition of an in-lieu fee mitigation site.
PURPOSE: The Griggs Hollow Stream Mitigation Plan would provide compensatory stream mitigation for permitted impacts within the Lower Tennessee Geographic Service Area in accordance with TSMP’s approved ILF Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the TSMP. The
IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 14,822 stream mitigation credits by restoring, enhancing, and preserving 30,911 linear feet of tributaries to South Fork Fountain Creek. These credits will be allocated to the Lower Tennessee Geographic Service Area, which encompasses the following five (5) 8-digit HUC’s:
• 06040001 Tennessee River (SW TN)
• 06040002 Upper Duck River
• 06040003 Lower Duck River
• 06040004 Buffalo River
• 06040005 Tennessee River (NW TN)
Details of the mitigation plan are contained in the Griggs Hollow Mitigation Project Prospectus dated January 15, 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
LOCATION: The project site is located adjacent to Tanyard Hollow Road in a rural setting south of Culleoka, Maury County, Tennessee. This site lies within the South Fork Fountain Creek watershed (12-digit HUC 060400020602) and the Outer Nashville Basin (71h) Level IV eco-region. Coordinates to the downstream project limits are N35.4321 W87.0053. The streams can be identified on the Lynnville, TN USGS 7.5 minute quadrangle map.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission
(SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic
Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The sponsor has coordinated the proposal to restore, enhance, and preserve approximately 30,911 linear feet of stream at the project site with the U.S. Fish & Wildlife Service (the Service) to obtain an official list of federally listed species that have the potential to occur within the project area, or be impacted by the project. By letter dated November 6, 2017, the Service (FWS #2018-CPA-0089) stated, “Our database does not indicate any known records of federally listed species at the project site.
However, based on aerial imagery, we are unable to determine if suitable roosting habitat for the federally endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis) is present at the site”. At this early stage in the regulatory process, a Phase I Habitat Survey has not been submitted; therefore, USACE cannot complete an effects determination
for endangered species. Upon submittal of the design plans, USACE would evaluate the design plans to define the project action area. A Phase 1 Bat Habitat Assessment would be required within the defined action area to determine the effects to M. sodalis and M. septentrionalis. USACE would evaluate the potential effects to listed species and initiate consultation with the U.S. Fish & Wildlife Service, as appropriate.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Ms. Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06040001, 06040002, 06040003, 06040004, 06040005, 60400020",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-06.pdf?ver=2018-02-12-150633-183,,,,,,
1455085,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1455085/public-notice-no-18-04-file-no-lrn-2018-00161/,,lrn,Nashville District,Livingston,-950.0,1.0,Public Notice No. 18-04,Public Notice No. 18-04; File No. LRN-2018-00161,,2018-03-30,2018-03-01,,,1950,,,,"Proposed Barge Fleeting on Dolphins between Tennessee River Mile (TRM) 19.5 to 19.8, Right Bank, Livingston County, Kentucky
Public Notice No. 18-04 (Supersedes PN 17-24)
Nashville District
Application No. LRN-2018-00161
Date: March 1, 2018: Expires: March 30, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road
Nashville, TN 37214 (Attn: Lisa R. Morris)
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Barge Fleeting on Dolphins between Tennessee River Mile (TRM) 19.5 to 19.8, Right Bank, Livingston County, Kentucky
TO ALL CONCERNED: The project described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the 1899 Rivers and Harbors Act and a Tennessee Valley Authority (TVA) permit pursuant to Section 26a of the TVA Act. The U.S. Army Corps of Engineers (USACE) has
lead federal agency role status for the coordination and conduct of environmental reviews for this proposal under the National Environmental Policy Act.
The applicant’s previous application, advertised in Public Notice (PN) 17-24, dated October 24, 2017, for barge fleeting on dolphins between TRM 20.0 to 20.7, Right Bank, was withdrawn.
APPLICANT:Trinity Energy & Infrastructure Group, LLC (Trinity)
8345 Madisonville Road
Hopkinsville, KY 42240
LOCATION: TRM 19.3 to 19.7, Right Bank, Gilbertsville, Livingston County, Kentucky. USGS Map: Little Cypress-KY. Lat: 37.046739; Lon: -88.303183. Navigation Chart No. 3.
DESCRIPTION: The applicant requests to establish a single fleeting area to fleet up to fifty (50) standard sized barges (35’ x 195’) in a five (5) wide x ten (10) long configuration at the subject location. The fleeting area (1,950 linear feet total) would be used to moor both loaded (9’ draft) and unloaded barges. Six (6) 24” diameter steel dolphins, placed 15 to 20 meters off the shoreline (Elevation 302), would secure the barges. Each dolphin would consist of a 72” diameter pipe driven into the river bottom to Elevation 260 and braced by two (2) angled 24” diameter pipes, at the following locations:
Latitude
Longitude
Dolphin 6
37° 2' 48.260''
-88° 18' 11.459'
Dolphin 5
37° 2' 45.218''
-88° 18' 8.701''
Dolphin 4
37° 2' 42.328''
-88° 18' 5.875''
Dolphin 3
37° 2' 38.911''
-88° 18' 3.222''
Dolphin 2
37° 2' 35.632''
-88° 18' 0.400''
Dolphin 1
37° 2' 32.478''
-88° 17' 57.635'
The Tennessee River in this area is approximately 1,350’ +/- feet wide (bank to bank). At full capacity, the fleeting area would not extend riverward more than 295 feet (90 meters). Water depths in the area range from 15.5 feet to 22 feet deep (30 meters from the shoreline), and 19.5 feet to 23 feet deep (90 meters from the shoreline). The applicant has indicated that dredging would not be required and there would be no impacts to the shoreline or to any upland area.
PROJECT PURPOSE: At this location, Winn Materials of Kentucky, Grand Rivers Quarry, (formally CALX Resources) has a commercial barge loading facility, with fleeting area, and a working limestone quarry (DA Permit No. LRN-2009-01103, issued in January 21, 2011). Trinity’s customer, Winn Materials of Kentucky, would use the new additional fleeting area to meet customer demands, and to assure the continued success of their operation. The applicant states the additional fleeting area would improve the efficiency of that company’s commercial operation, and minimize the travel time/distance to store and retrieve loaded/empty barges for processing
The proposed fleeting area would be located within the footprint of upstream mooring cells and a barge conveyor load out that was never constructed but permitted (to CALX Resources) by DA Permit No. LRN-2009-01103, issued in January 21, 2011. The window for construction of those structures has
expired. Winn Materials would utilize its current small low horsepower “switch boat,” stored at their terminal, to move barges in and out of the fleeting area. The barges would be loaded at Winn Material’s existing load out location.
SCOPE OF WORK: The scope of work is the direct impacts in each dolphin location, the footprint of the fleeting area, and the immediately adjacent travel corridor to and from the fleeting area. Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Including areas considered pre-application, and the site previously proposed in PN 17-24, a total of five alternate locations (within one-mile of the user’s existing terminal) were considered prior to choosing the current fleeting location. The alternate sites considered are summarized as follows:
• Alternate Site 1 – Potentially interferes with Federal Mooring buoys and first class landing at TRM 20.1L, water depth marginal.
• Alternate Site 2 – Potentially interferes with Federal Mooring buoys and Landing at TRM 20.1L, water depth marginal, located too close to the USACE Long Term Mussel Community and Habitat Monitoring Site 3 at TRM 19.5L.
• Alternate Site 3 – Located within the USACE Long Term Mussel Community and Habitat Monitoring Site 4 at TRM 17.9R.
• Alternate Site 4U and 4L – Proposed on original permit application (PN 17-24), upper site had only enough water depth for empty barges, generally high mussel concentration.
• Alternate Site 5 – A downstream extension of 4L, higher than desired mussel concentration.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. A permit will be granted unless the District Engineer determines it to be contrary to the public interest.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above.Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested permit.
HISTORIC AND CULTURAL RESOURCES: The USACE archaeologist has reviewed the project proposal and determined there is little likelihood that a historic property exists or may be effected. A copy of this notice is being sent to the office of the State Historic Preservation Officer. This Public
Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: The proposed project has potential to impact listed mussel species and critical habitat for the Quadrula cylindrica (rabbitsfoot mussel). Seven mussel species potentially affected by the proposed project are: Orangefoot Pimpleback (Plethobasus cooperianus),
Fat Pocketbook (Potamilus capax), Pink Mucket (Lampsilis abrupta), Fanshell (Cyprogenia stegaria), Ringpink (Obovaria retusa), Spectaclecase (Cumberlandia monodonta), and the Rabbitsfoot (Quadrula cylindrica).
This area was included in a USFWS Biological Opinion (BO) issued November 17, 2010, associated with the permit for this site issued to CALX Resources (now Winn Materials of Kentucky, DA Permit No. LRN-2009-01103, issued in January 21, 2011). The BO for the authorized project was completed by
USFWS on November 17, 2010 and covered the effects to federally listed mussel species at the time. A new biological assessment of the current project's potential impact on protected mussel species Lampsilis abrupta (pink mucket) and Plethobasus cooperianus (orangefoot pimpleback) and Quadrula
cylindrica (rabbitsfoot mussel), critical habitat, and protected terrestrial species is being prepared and will be provided, when available, to the USFWS, by separate correspondence. The agencies will initiate consultation with the USFWS necessary to fulfill our obligations under Section 7 of the Endangered Species Act.
OTHER APPROVALS: Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before March 30, 2018, will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Lisa Morris, at the above address, telephone
615-369-7506. It is not necessary to comment separately to TVA since copies of all comments will be sent to them and become part of their records on the proposal.
/s/
Timothy C. Wilder Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-04 Plans.pdf?ver=2018-03-01-124827-080,,,,,,
1456514,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1456514/public-notice-no-18-08-file-no-lrn-2017-01062/,,lrn,Nashville District,DeKalb,,,Public Notice No. 18-08,Public Notice No. 18-08; File No. LRN-2017-01062,,2018-04-01,2018-03-02,,,419,,,,"This notice announces a Prospectus that has been submitted for the development of the Banks Pisgah Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-08
Nashville District
Application No. LRN-2017-01062
Date: March 2, 2018:Expires: April 1, 2018
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the Banks Pisgah Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: MRW Environmental, LLC
Attention: Mr. Matthew Granstaff
32 North Main Street
Sparta, Tennessee 38583
LOCATION: The proposed mitigation bank is located on a 53-acre farm in Smithville, DeKalb County, Tennessee (Latitude N 35.857506, Longitude W -85.883151). The proposed mitigation bank would restore a portion of Sink Creek, a tributary to Sink Creek, and 34 acres of wetlands adjacent to Sink Creek.
PURPOSE: The Banks Pisgah Stream and Wetland Mitigation Bank proposes to provide compensatory stream and wetland mitigation credits for permitted impacts within a primary service area comprised of the following 12 digit HUCs: Saunders Fork (HUC 051301080801), Smith Fork Creek Upper (HUC
051301080802), Clear Fork (HUC 051301080803), Smith Fork Creek Middle (HUC 051301080804), Dry Creek (HUC 051301080805), Smith Fork Creek Lower (HUC 051301080806), Center Hill Lake (HUC 051301080903), Hickman Creek (HUC 051301080906), Mulherrin Creek (HUC 051301080907), Round Lick Creek (HUC 051302010201), Dry Fork Creek (HUC 051302010202), Jennings Fork (HUC 051302010203),
Spring Creek (HUC 051302030303), Bartons Creek (HUC 051302010306), Cedar Creek (HUC 051302010307), Spencer Creek (HUC 051302010601), Cedar Creek (HUC 051302010602),
Bradley Creek (HUC 051302030105), East Fork Stones River-Wades Branch (HUC 051302030107), Fall Creek (HUC 051302030302), Spring Creek (HUC 051302010305), Stones
River Upper (HUC 051302030305), Suggs Creek (HUC 051302030306), Stones River Middle (HUC 051302030307), Stoner Creek (HUC 051302030308), Stones River Lower (HUC 051302030309). The Bank’s proposed secondary service area includes the remainder of the Lower Cumberland – Old Hickory Lake (HUC 05130201) and Stones (HUC 05130203) watersheds, as well as the remainder of the Caney (HUC 05130108) watershed within the boundary of Ecoregion 71.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant toSection 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: The project goals are to improve the resource functions of Sink Creek through restoration of a portion of Sink Creek, a tributary to Sink Creek, and 34 acres of wetlands adjacent to Sink Creek. Stream functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion, improvement to aquatic and terrestrial habitat, and improvement to riparian stream buffers. Wetland functional uplift will be provided through restoration of wetland hydrology and improvement to aquatic habitat. The proposed stream mitigation approach involves a combination of establishment of 419 linear feet of new stream channel and restoration of 2,699 linear feet of existing stream channel. The proposed wetland mitigation
approach involves a combination of re-establishment of 30.15 acres of wetland and rehabilitation of 2.94 acres of existing wetland.
Details of the mitigation plan are contained in the Banks Pisgah Stream and Wetland Bank Prospectus dated February 2, 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential for impacts to historic and cultural resources in compliance with Section 106 of the National Historic Preservation Act. If USACE determines that consultation is required, consultation with the Tennessee Historic Commission State Historic Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in DeKalb County, Tennessee:
Species Nomenclature
Federal Status
Flowering Plants
Price's Potato-bean (Apios priceana)
Threatened
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Clams
Cumberland Bean (pearlymussel) (Villosa trabalis)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130108, 05130201, 05130203, 51301080, 51302010, 51302030",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-08.pdf?ver=2018-03-02-130819-507,,,,,,
1467014,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1467014/public-notice-no-18-11-file-no-lrn-2017-00560/,,lrn,Nashville District,Davidson,,,Public Notice No. 18-11,Public Notice No. 18-11; File No. LRN-2017-00560,,2018-04-13,2018-03-15,,,10982,,,,"This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Cane Ridge Stream Restoration Mitigation Plan.
Public Notice No. 18-11
Nashville District
Application No. LRN-2017-00560
Date: March 14, 2018; Expires: April 13, 2018
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Cane Ridge Stream Restoration Mitigation Plan.
ILF PROGRAM SPONSOR: Tennessee Wildlife Resources Foundation
5000 Linbar Drive
Suite 275
Nashville, TN 37211
BACKGROUND: The Tennessee Wildlife Resources Foundation’s TSMP ILF Instrument was approved on June 7, 2013, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Cane Ridge Stream Restoration Mitigation Plan has been submitted as a proposed addition to the ILF
Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR
332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu-fee program mitigation site. As such, we are issuing this public notice to solicit comments for the instrument modification for addition of an in-lieu fee mitigation site.
PURPOSE: The Cane Ridge Stream Mitigation Plan would provide compensatory stream mitigation for permitted impacts within the East Lower Cumberland and West Lower Cumberland Service Areas in accordance with TSMP’s approved ILF Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the TSMP. The
IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 2,237 stream mitigation credits by restoring, enhancing, and preserving 10,982 linear feet of tributaries to Collins Creek and Hurricane Creek. These credits will be allocated to the East Lower Cumberland and West Lower Cumberland Service
Areas, which encompass the following 8-digit HUCs:
East Lower Cumberland
• 05130201 Old Hickory Lake
• 05130203 Stones River
• 05110002 Barren River
West Lower Cumberland
• 05130205 Lake Barkley Reservoir
• 05130206 Red River
• 05130202 Cheatham Lake
• 05130204 Harpeth River
Details of the mitigation plan are contained in the Cane Ridge Stream Restoration Project Prospectus dated February 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
LOCATION: The project site is located adjacent to the Interstate 24 Old Hickory Boulevard interchange, southeast of Nashville, Davidson County, Tennessee. This site lies within both the Mill Creek Upper (12-digit HUC 051302020101) and the Hurricane Creek (12-digit HUC 051302030304) watersheds within the Inner and Outer Nashville Basin (71i and 71h, respectively) Level IV eco-regions. Coordinates at the project’s center are N 36.0274 W 86.6251.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within
the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Davidson County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Crustaceans
Nashville Crayfish (Orconectes shoupi)
Endangered
Flowering Plants
Braun's Rock-cress (Arabis perstellata)
Endangered
Guthrie's (Pyne's) Ground-plum (Astragalus bibullatus)
Endangered
Leafy Prairie-clover (Dalea foliosa)
Endangered
Short's Bladderpod (Physaria globosa)
Endangered
Price's Potato-bean (Apios priceana)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers,
Regulatory Division, Attention: Ms. Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05110002, 05130201, 05130202, 05130203, 05130204, 05130205, 05130206, 51302020, 51302030",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-11.pdf?ver=2018-03-15-101558-430,,,,,,
1467773,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1467773/public-notice-no-18-07-file-no-lrn-2017-00257/,,lrn,Nashville District,Stewart,,,Proposed Construction of Two Borrow Sites,Public Notice No. 18-07: File No. LRN-2017-00257,,2018-04-16,2018-03-15,,,2336,,,,"Proposed Construction of Two Borrow Sites, Access Road, and Bridge over Wells Creek, Cumberland River Mile 102.9R, Barkley Reservoir, in Cumberland City, Stewart County, Tennessee
Nashville District
Corps Application No. LRN-2017-00257
Date: March 16, 2018:Expires: April 16, 2018
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Amy Robinson), 3701 Bell Road, Nashville, TN 37221
SUBJECT: Proposed Construction of Two Borrow Sites, Access Road, and Bridge over Wells Creek, Cumberland River Mile 102.9R, Barkley Reservoir, in Cumberland City, Stewart County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbor Act and Section 404 of the Clean Water Act (CWA). The proposed work would occur on portions of U.S. Government Tracts; therefore, the
project is concurrently being considered for approval to impact lands and waters upon which the U.S. Army Corps of Engineers (USACE) has real estate interests.
APPLICANT: Tennessee Valley Authority (TVA)
1101 Market Street, LP 5D-C
Chattanooga, Tennessee 37402
LOCATION: TVA Cumberland Fossil Plant located at confluence of Wells Creek and Cumberland River Mile 102.9, right descending bank, Barkley Reservoir, in Cumberland City, Stewart County, TN (latitude 36.266621°, longitude - 87.067433°)
DESCRIPTION OF PROPOSED WORK: The proposed work would involve discharge of fill material into streams and wetlands identified as waters of the U.S. (WOUS) for construction of two borrow sites within the TVA Cumberland Fossil Plant. Associated with the project includes construction of an access road and bridge over Wells Creek for access from the plant to the proposed borrow sites. The project would be constructed partially on TVA-owned property and partially on USACE government lands. The project will involve grading and clearing of two areas identified by TVA to contain soils suitable for use as borrow material that are approximately 6 acres and 93 acres in size. The new borrow sites would involve fill of approximately 2,336 linear feet of ephemeral channel. The impacts of the access road would involve fill of 0.83 acres of wetlands and encapsulation of 201 linear feet of Scott Branch (STR-2) with a reinforced concrete box culvert for a road crossing. A new bridge over Wells Creek would be located approximately
30 feet downstream of an existing bridge that has been closed due to deteriorated conditions. The new bridge would span approximately 220 feet and consist of two sets of piers that will line up hydraulically with the piers of the existing upstream bridge. Riprap would be placed along approximately 196 linear feet of Wells Creek stream bank for stabilization. The proposed stream and wetland impacts from all components of the project are summarized in the below tables:
Table 1:
Stream ID:
Stream Type:
Impact Type:
Impact
(Linear Feet):
Wells Creek
Perennial/ Reservoir influenced
Riprap Bank Stabilization
196
STR-2
(Scotts Branch)
Perennial
Encapsulation
201
WWC-1
Ephemeral
Fill
1,230
WWC-2
Ephemeral
Fill
800
WWC-4
Ephemeral
Fill
306
TOTAL:
2,753
Table 2:
Wetland ID:
Wetland Type:
Impact Type:
Impact Area (acres):
W-4
Palustrine Emergent/ Palustrine Shrub Scrub
Fill
0.80
W-12
Palustrine Forested
Fill
0.03
TOTAL:
0.83
USACE confirmed the applicant’s wetland and stream delineations via Preliminary Jurisdictional Determination (PJD) letter dated October 2, 2017, and via Approved Jurisdictional Determination (AJD) dated November 30, 2017 (on file, File No. LRN-2017-00257). The AJD verified PND-1 and PND-2 are geographically isolated with no hydrologic connection to any other WOUS.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
ENVIRONMENTAL DOCUMENTATION: Pursuant to National Environmental Policy Act (NEPA), TVA prepared an Environmental Assessment (EA), dated August 2017, to address the environmental consequences of the proposed borrow area project. It states that the primary decision for TVA is whether to develop onsite borrow areas to support current and future construction and maintenance activities at the Cumberland Fossil Plant. The proposed wetland and stream impacts were addressed in the EA along with an alternatives analysis, affected environment, and potential environmental consequences. The EA also documents TVA’s consultations with the U.S. Fish and Wildlife Service, the State Historic Preservation Office, and other agencies as necessary.
PURPOSE AND NEED: The EA indicates that the Cumberland Fossil Plant is the largest coal-fired generating asset in the TVA coal fleet and generates enough energy to supply about
1.1 million homes. The plant generates coal combustion residuals (CCR) that consists of fly ash, bottom ash, commercial grade gypsum, and solids from the flue gas desulfurization process. It further states that TVA is planning to partially close the Fly Ash and Gypsum Stacks located on the fossil plant property in accordance with state of Tennessee, Department of Environment and Conservation (TDEC) regulations which state upon achieving final grade or as required, a final cover that meets the specifications set forth in the Dry Fly Ash and Gypsum stacks closure plans should be placed. TVA needs suitable cover soil, general fill, and topsoil material to support this action. In addition, the borrow sites and access road would be used to support other routine operation and maintenance activities of the fossil plant.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: TVA’s
EA provides an Alternatives Analysis for the proposed action. It states that TVA considered several options to secure borrow material to support partial closure of the Dry Fly Ash and Gypsum stacks. A study performed by TVA identified soil resources available within 1,250 acres on TVA property (onsite) and from commercial borrow sites within a 20-mile radius of the fossil plant.
The results of the borrow study indicate that significant volumes of soil materials are available for potential future applications onsite, and the better source of borrow material within the 1,250 acres of TVA property from existing pasture areas located in the southeast portion of the property. The evaluation of commercial borrow sources in the region indicated that significant volumes of materials, similar to those available onsite, were available from the commercial sources in the surrounding region. TVA considered the study results and determined that the development of borrow areas onsite is preferred. This option would avoid the long-term transport of borrow on public roadways which eliminates the long-term impacts associated with air emissions, increased traffic
and associated long-term safety risks, and disruptions to the public that would be associated with such off-site transport. In addition, the use of borrow from TVA-owned property optimizes the use of TVA resources and minimizes costs. TVA then considered three alternative routes to provide access to and from the sites. TVA further optimized the location of the proposed borrow sites and access road by considering the impacts to cultural resources, surface waters and wetlands, sensitive species, existing roadways, and cost. In addition, the “no-action” alternative was evaluated. The EA states that in consideration of all factors that would meet the applicant’s purpose and need, the preferred alternative is to develop and operate two borrow sites, construct an access road and bridge on TVA’s Cumberland Fossil Plant property.
COMPENSATORY MITIGATION: The applicant has proposed compensatory mitigation for the stream and wetland impacts associated with the project. TVA proposes purchasing 201 credits for impacts to Scott Branch and 1,168 credits for impacts to ephemeral streams from the Cumberland River Compact
Stream Restoration In-Lieu Fee Program which is in the service area of the project. This number of stream credits is based on TVA’s proposed multiplier of 0.5:1 ratio for impacts to ephemeral channels and 1:1 ratio to perennial streams. TVA believes that the construction of the new bridge and bank stabilization activities will have only minimal impacts to the Wells Creek embayment is not proposing any mitigation for this activity.
As mitigation for wetland impacts, TVA proposed purchasing 1.7 advanced wetland mitigation credits from the Tennessee Mitigation Fund in the Lower Cumberland River Service Area.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. As the proposed activity involves the discharge of fill material
into the waters of the U.S., the evaluation of the probable impacts on the public interest will include application of the guidelines promulgated by the Administrator of the U.S. Environmental Protection Agency at 40 CFR 230.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers, Nashville District (Corps) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. In accordance with the Council on Environmental Quality (40 CFR 1500- 1508) and Corps (Engineer Regulation (ER) 200-2-2, dated 1988) regulations for implementing NEPA, this document serves as a scoping letter to notify the public of the proposed action and affording the public the opportunity to participate. Comments are used in the preparation of an EA and/or an Environmental Impact Statement pursuant to NEPA, if necessary. Comments are used to assess impacts on fish, wildlife, endangered species, water quality, historic properties, water supply, conservation, economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy needs, safety, climate change, considerations of property ownership, general environmental effects, cumulative effects, and in general, the needs and welfare of the people. Unless unusual circumstances and/or new information is obtained
concerning the proposed project, this office may adopt TVA’s NEPA document (EA dated August 2017) which addressed the proposed stream and wetland impacts.
TVA’s EA was posted on TVA’s website for a 14-day day public review period. The availability of the draft EA was announced in the local newspaper, The Stewart County Standard. TVA notified local, state, and federal agencies and federally recognized tribes of its availability through
required consultation. Comments were accepted from July 21, 2017 through August 4, 2017. TVA stated that no substantive and relevant comments were received on the draft EA.
In addition, the Corps Planning Office will prepare environmental documents as necessary pursuant to NEPA for impacts on USACE government land. The Corps will consider any comments received prior to a final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit and/or real estate instrument.
HISTORIC AND CULTURAL RESOURCES: TVA is the lead federal agency for this project and has consulted with appropriate parties under Section 106 of the National Historic Preservation Act. TVA has surveyed the entirety of the project and a small number of sites have been determined eligible for or listed on the National Register of Historic Places are within the project area. Through consultation with the Tennessee State Historic Preservation Office (SHPO) as well as Native American Tribes and tribal governments that have indicated ancestral ties to the region, TVA has determined that the project would not adversely affect National Register of Historic Places listed or eligible cultural resources. Documentation of TVA’s coordination with SHPO regarding their determination and SHPO concurrence can be found in the EA. USACE has reviewed and concurs with this determination. A copy of this notice, along with copies of the report, are being sent to the office of the State Historic Preservation Officer for their comments and concurrence. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: The EA provides discussion and documentation of TVA’s review of federally listed threatened and endangered (T&E) species within the proposed project area. Field reviews to determine if suitable habitat for federally listed species were performed by TVA
biologists and their consultants in February 2017 and November 2016. No habitat for federally listed plant or aquatic species was found within the project footprint during these reviews. In addition, surveys for freshwater mussels conducted in October
2011 in the Cumberland River and Wells Creek did not encounter any T&E species. The habitat was determined to be degraded and of sub-optimal quality for federally listed mussels. TVA determined that the proposed actions would have no effect on Price’s potato-bean, clubshell, pink mucket, and rabbitsfoot. Phase 1 Habitat Assessments (2016 Range-Wide Indiana Bat Summer Survey Guidelines, April 2016) were conducted by TVA biologists and their consultant (February 2017 and November 2016). No caves were observed during field reviews. The nearest documented cave record is approximately 1.6 miles from the proposed project area. No other suitable winter roosting structures for gray bat, Indiana bat (Myotis sodalis) and northern long eared bat (Myotis septentrionalis) were identified within the action area. Suitable summer roosting habitat and foraging habitat for federally listed endangered Indiana bat and federally listed threatened NLEB was identified within the project area. In total, 11.9 acres of potentially suitable Indiana bat and NLEB roosting trees would be removed for the development of the borrow areas, access road,
bridge, and any other associated impact sites. The potential summer roosting habitat ranged from low to moderately suitable. As such, TVA determined that the area could present suitable summer roosting habitat for Indiana and NLEB due to the presence of some suitable roosting trees as well as the proximity to known records. The project would be cleared of all potentially suitable roosting habitat between August 16 and March 31. The EA documented that TVA proposes that a contribution of $110,075 to Tennessee’s Imperiled Bat Conservation Fund would be provided to promote the conservation and recovery of imperiled bats in Tennessee per the Tennessee Field Office’s Conservation Strategy for Forest-Dwelling Bats. The EA documents TVA’s consultation with
the U.S. Fish and Wildlife Service (USFWS) regarding the surveys, their determinations, and proposed compensatory mitigation. A response from USFWS
is provided in the EA stating that as a result of conservation measures implemented by the project, take of the NLEB is considered to have been adequately addressed by the 4(d) rule for this
species. It further states that impacts to Indiana bat and NLEB habitat would be adequately covered by the conservation measures agreed upon and any incidental take of these species that will or could result from the forest habitat removal associated with this project would be authorized under the 2015 BO and they have determined that the proposed project is not likely to jeopardize the continued existence of the Indiana bat or NLEB or result in the destruction nor adverse modification of designated critical habitat for either species. A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. The project requires Corps Real Estate Division approval for work on U.S. Government land. Therefore, prior to construction, the Corps Real Estate Division must grant approval for the project that impacts lands and waters upon which the government has real estate interests.
3. The project requires coordination with Corps Navigation Office, pursuant to 33 U.S.C. 408, for any approvals that may be necessary for activities that will alter or temporarily or permanently occupy or use a USACE federally authorized civil works project.
4. Other federal, state, and/or local approvals that may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by April 16, 2018, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2017-00257, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above
address or at amy.m.robinson@usace.army.mil.
Timothy C. Wilder Chief,
West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-07.pdf?ver=2018-03-15-171805-957,,,,,,
1467799,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1467799/public-notice-no-18-09-file-no-lrn-2018-00193/,,lrn,Nashville District,Hawkins,,,Public Notice No. 18-09,Public Notice No. 18-09; File No. LRN-2018-00193,,2018-04-13,2018-03-15,,,1888,,,,"Proposed Riprap Bank Stabilization at Laurel Run Park, Holston River Mile 134,Left Bank, Holston River, Hawkins County, Tennessee
Public Notice No. 18-09
Nashville District
Application No. LRN-2018-00193
Date: March 14, 2018;Expires: April 13, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division (Attn: Aric Payne)
1301 Riverfront Parkway, Suite 206
Chattanooga, Tennessee 37402
SUBJECT: Proposed Riprap Bank Stabilization at Laurel Run Park, Holston River Mile 134,Left Bank, Holston River, Hawkins County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act (33 U.S.C. 401). Application (ARAP NRS No. 16.185) has also been made to
the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341).
APPLICANT:County of Hawkins, Tennessee
Attn: Alana Roberts
150 E. Washington Street, Suite 2
Rogersville, Tennessee 37857
AGENT:Natural Resource Conservation Service
Attn: Daniel Horne
1401 E. Main Street
Rogersville, Tennessee 37857
LEAD FEDERAL AGENCY: The Natural Resource Conservation Service (NRCS) is considered the lead federal agency for compliance with the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for the proposed work.
LOCATION: The proposed project is located in the Laurel Run Park on the left bank of the Holston River at river mile 134; HUC 12 – 060101040101 – Hord Creek Watershed; Latitude N. 36.49713°, Longitude W. -82.68429°; Laurel Run Park Road, Hawkins County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to install 1,888 linear feet of riprap bank stabilization within Laurel Run Park. In areas where riprap is proposed, the banks will be sloped as needed for stability and toe of riprap will be keyed in for further stability. Once the slope is prepared, geotextile fabric will be placed prior to riprap. Top of the rock armoring shall be worked into the bank to support existing heavy vegetation, where allowed, and tree removal will occur at locations due to damage or undercutting of the bank above riprap.Seasonal grass planting for erosion control and long term riparian plantings shall be as directed by the District Conservationist. Excavated material in excess of material required in designated backfill areas behind rock riprap armoring shall be removed from the site and disposed of out of the influence of river per permit requirements.
Plans and location maps of the proposed project are provided in this notice. If you wish to view additional plans, please contact this office or visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant has avoided all wetland impacts. Impacts from riprap have been reduced after full evaluation of the shoreline characteristics and consideration of existing eroding conditions, activity, and slope. Additionally, the applicant has proposed that all disturbed areas along the channel shall be mulched with Erosion Control Blanket according to NRCS Practice Standard 484-Mulching. All disturbed areas shall be prepared, fertilized, limed, and seeded in accordance with a seeding plan prepared by the District Conservationist, with temporary seasonal grass planting for erosional control. All work will be conducted from the bank, with no equipment operating in the river channel or flowing water. All excavated material will be removed for the influence of the stream or placed behind armoring and vegetated.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the deposition of fill for the purpose of stabilizing an eroding shoreline.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.
As the proposed activity involves the discharge of fill material into the waters of the U.S., the evaluation of the probable impacts on the public interest will include application of the guidelines promulgated by the Administrator of the U.S. Environmental Protection Agency at 40 CFR 230.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The Natural Resources Conservation Service, as the lead agency for determining compliance with Section 106 of the National Historic Preservation Act, has determined there will be “no historic properties affected” based on the Natural Resources Conservation Service
and Tennessee State Historic Preservation Officer’s programmatic agreement. Copies of this notice are being sent to the office of the State Historic Preservation Officer and Native American Tribes as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or
endangered or any designated critical habitat.
The Natural Resources Conservation Service, as the lead agency for ESA consultation, has consulted with the USFWS as required under Section 7 of the ESA. They have determined that the project is not likely to adversely affect proposed and/or listed species and their designated critical habitat. The USFWS concurred with this determination via USFWS programmatic consultation FWS# 2014-I-0324, dated 8/27/2014.
Copies of this notice are being sent to the office of the USFWS as appropriate.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that may be required for the proposed work.
3. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by April 12, 2018, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2018-00193, and be directed to the Regulatory Division, Attention: Aric Payne,
at the above address or at aric.j.payne@usace.army.mil.
Casey Ehorn Chief
East Branch
Regulatory Division
U.S. Army Corps of Engineers",60101040,,,,,Aric J Payne,aric.j.payne@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans PN 18-09.pdf?ver=2018-03-15-173929-647,,,,,,
1474993,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1474993/public-notice-no-18-10-file-no-lrn-0-7260000/,,lrn,Nashville District,Morgan,-86.96498,34.60714,Public Notice No. 18-10,Public Notice No. 18-10; File No. LRN-0-7260000,,2018-04-22,2018-03-23,,,,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Barge Dock and Mooring Cells in Decatur, Morgan County, Alabama
Public Notice No. 18-10
Nashville District
Application No. 0-7260000
Date: March 23, 2018
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
TENNESSEE VALLEY AUTHORITY
AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with Construction of a Barge Dock and Mooring Cells in Decatur, Morgan County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards
will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Bunge North America
Michael Klauke
1400 Market Street NE
Decatur, Alabama 35601-2676
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Wheeler Lake at Tennessee River Mile 305.7, Left Bank, in Decatur, Morgan County, Alabama. The project site may be found on the Decatur, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.60714°; Longitude -86.96498°).
DESCRIPTION: The proposed work consists of the discharge of fill material into Tennessee River (Wheeler Lake) for the construction of a commercial dock and mooring cells to facilitate the unloading of barges. The 70-foot wide dock would consist of two 35’ diameter river cells. One river cell is for the material handler excavator with an access roadway to the shore for equipment and personnel. The access roadway would be constructed with secondary cells and interconnecting sheet piling with compacted fill material and a concrete paved surface. The access roadway would be approximately 65’ long and combined with the river cell there would be approximately 2,010 cubic yards in-fill. The second river cell would be constructed around an existing 16’ diameter cell and
would include access platforms for unloading hopper/feeder to unloading transfer conveyor to land on a 2-span conveyor truss (approximately 185’ long).
Approximately 670 cubic yards in-fill would be needed to construct this river cell. Two 20’ diameter mooring cells would be constructed on either side of the face of the dock with each having an access catwalk connecting to the dock. The upstream mooring cell would have 270 cubic yards of in-fill and the downstream mooring cell would have 310 cubic yards of in-fill. A total of approximately 3,260 cubic feet of fill material would be used to construct the dock and mooring cells. Fill material consisting of limestone aggregate would be placed within sheet piles during installation.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: This
area is currently used for loading and unloading materials from barges and because of the nature of the work impacts to all waters of the U.S. (WOUS) could not be avoided. To minimize impacts to WOUS, one river cell will be constructed around an existing, smaller river cell.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) identified 11 historic properties in Morgan County, AL within one mile of the project site: Albany Heritage Neighborhood Historic
District, Bank Street Historic District, Bank Street-Old Decatur Historic District (Boundary Increase), Cotaco Opera House, Col. Francis Dancy House, New Decatur Albany Historic District, New Decatur—Albany Historic District (Boundary Increase),
New Decatur—Albany Residential Historic District (Boundary Increase), Rhea-McEntire House, Southern Railway Depot, and the State Bank Building. The USACE invites responses to this public notice from
American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the Alabama Historical Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on March 9, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern
Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe (Pleurobema plenum)
(E); Sheepnose Mussell (Plethobasus cyphyus) (E); Snuffbox Mussel (Epioblasma triquetra) (E);
Spectaclecase (mussel) (Cumberlandia monodonta) (E)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section
7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) ursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
• TVA approval is required under Section 26a of the TVA Act for all work that may occur on property that is under TVA control or custody and would be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, telephone (256) 350-5620, or email at william.e.sinclair@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Regulatory Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-10.pdf?ver=2018-03-23-164510-787,,,,,,
1475805,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1475805/public-notice-no-18-12-file-no-lrn-2018-00165/,,lrn,Nashville District,Greene,,,Public Notice No. 18-12,Public Notice No. 18-12; File No. LRN-2018-00165,,2018-04-25,2018-03-26,,,3871,,,,"This notice announces a Prospectus that has been submitted for the development of the Baileyton Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-12
Nashville District
Application No. LRN-2018-00165
Date: March 26, 2018;Expires: April 25, 2018
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the Baileyton Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Resource Environmental Solutions (RES)
Attention: Mr. Duncan Heyward
1408 B Roseneath Rd.
Richmond, VA 23230
LOCATION: The proposed mitigation bank is located on two parcels of land, including farmland and the Baileyton Golf Club, totaling 231-acres in Baileyton, Greene County, Tennessee (Latitude N 36.336981, Longitude W 82.828277) and (Latitude 36.339674, Longitude W 82.815125). The proposed mitigation bank would restore eight tributaries to Hughes Branch.
PURPOSE: The Baileyton Stream Mitigation Bank proposes to provide compensatory stream mitigation for permitted impacts within the primary service area of the Nolichucky Watershed (HUC 06010108). The Bank’s proposed secondary service area includes the following watersheds: Holston (HUC 06010104), Lower French Broad (HUC 06010107), Upper French Broad (HUC 06010105), Pigeon (HUC 06010106), North Fork Holston (HUC 06010101), South Fork Holston (HUC 6010102), and Watuga (HUC 06010103) within the State of Tennessee.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: The project goals are to improve the resource functions of Hughes Branch through restoration of eight tributaries within the watershed of the Nolichucky River.
Functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion, improvement to aquatic and terrestrial habitat, and improvement to riparian stream buffers. The proposed mitigation approach involves a combination of re-establishment of 3,871 linear feet of new stream channel, restoration of 7,696 linear feet of existing stream channel, and enhancement of 547 linear feet of existing stream channel.
Details of the mitigation plan are contained in the Baileyton Stream Mitigation Bank Prospectus dated February 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil. Information contained in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would include a detailed description of the physical and legal characteristics of the bank and how the bank would
be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I archaeological survey has not yet been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential for impacts to historic and cultural resources in compliance with Section 106 of the National Historic Preservation Act. If USACE determines that consultation is required, consultation with the Tennessee Historic Commission State Historic Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in Greene County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Clams
Cumberland Bean (pearlymussel) (Villosa trabalis)
Endangered
Rough Rabbitsfoot (Quadrula cylindrica strigillata)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010101, 06010103, 06010104, 06010105, 06010106, 06010107, 06010108",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-12.pdf?ver=2018-03-26-130918-607,,,,,,
1480884,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1480884/public-notice-18-13/,,lrn,Nashville District,,,,Programmatic General Permit (18-PGP-01) for Minor Structures,Public Notice 18-13,,2018-04-30,2018-03-30,,,,,,,"Programmatic General Permit (18-PGP-01) for Minor Structures, Work, and Associated Minor Activities Located in the Tennessee Valley Authority Reservoirs and Slackwaters within the states of Alabama, Kentucky, Mississippi, Tennessee, and Virginia
Public Notice No. 18-13
Nashville District
Date: March 30, 2018;Expires: April 30, 2018
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Division (Attn: Aurora Scott),
3701 Bell Road, Nashville, TN 37214
PROPOSED PROGRAMMATIC GENERAL PERMIT
TO ALL CONCERNED: Interested parties are hereby notified that in accordance with 33 CFR 325.2(e)(2) and 325.3(b), the Nashville District of the U.S. Army Corps of Engineers (Corps) is proposing to issue a programmatic general permit (PGP), described herein, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA). A provisional determination (copy available from this office for review) has been made that the individual activities proposed for issuance under the PGP comply with the requirements for issuance of general permits as required by 33 CFR 325.3(b).
This permit would be valid for a period of 5 years, to expire in 2023. If unforeseen adverse impacts result from the issuance of this PGP, it may be modified or terminated. However, before this PGP can be issued, certification must be provided, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated for proposed Clean Water Act activities, from the following agencies:
• State of Alabama, Department of Environmental Management
• Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet
• Commonwealth of Virginia, Department of Environmental Quality
• State of Mississippi, Department of Environmental Quality
• State of Tennessee, Department of Environment and Conservation
By copy of this notice, the Corps hereby applies for the required certifications.
PERMIT NUMBER: 18-PGP-01
PERMIT TITLE: Programmatic General Permit (18-PGP-01) for Minor Structures, Work, and Associated Minor Activities Located in the Tennessee Valley Authority Reservoirs and Slackwaters within the states of Alabama, Kentucky, Mississippi, Tennessee,and Virginia
ISSUING OFFICE: U.S. Army Corps of Engineers, Nashville District
Regulatory Division
3701 Bell Road
Nashville, TN 37214
Purpose: In recognition of the fact that both TVA and the Corps have related authorities and permitting responsibilities for regulating waters of the US, specifically navigable waters within TVA reservoir boundaries, and in order to improve agency cooperation, consultation, and efficiency, the Corps is considering the issuance of the subject PGP. Issuance of this PGP would reduce and/or eliminate overlapping environmental reviews and permitting actions taken by both agencies within the Nashville District Regulatory boundaries.
Separate but Similar Roles and Responsibilities of TVA and Corps. TVA manages reservoir shoreline development along the Tennessee River and its slack waters through their Section 26a permit, which regulates the construction of shoreline structures and other related activities. The Corps has related responsibilities under Section 10 of the Rivers and Harbors Act and Section 404 of the CWA. Section 26a of the TVA Act (US Congress, 1933) requires that TVA approval be obtained prior to construction, operation, or maintenance of any activity, appurtenant works, or other obstruction affecting navigation, flood control, public lands, or reservations along or in the Tennessee River or its tributaries.
Location of Activities: The TVA reservoir boundary is defined as the extent to which the US owns reservoir property entrusted to TVA (including both fee-owned land and flowage easements). On TVA reservoirs, jurisdiction typically extends to the 500-year floodplain or to the upper limits of the 100-year floodplain. In particular situations, jurisdiction may extend to higher elevations.
The PGP would be applicable to the TVA reservoir boundary, which specifically includes the Tennessee River navigable and slack waters of Kentucky Lake, Pickwick Lake, Wilson Lake, Wheeler Lake, Guntersville Lake, Tims Ford Lake, Upper Bear Creek Lake, Little Bear Creek Lake, Cedar Creek, Lake, Fort Loudon Lake, Watts Bar Lake, Douglas Lake, Norris Lake, Cherokee Lake, South Holston Lake, Ft. Patrick Henry Lake, Boone Lake, Watauga Lake, Chickamauga Lake, Tellico Lake, Melton Lake, and Nickajack Lake.
Activities to be Covered: This PGP would apply to the following activities:
a. Docks, Piers, Boathouses, and Other Water Use Facilities. Construction, modification, and maintenance of fixed and floating docks, piers, and boathouses; steps leading to the reservoir; walkways leading to dock facilities; water intakes, geothermal heat exchange units or electrical lines attached to dock facilities; and other associated structures. (Section 10)
b. New Work Channel Excavation. Excavation of material from the reservoir bottom to create sufficient depth for mooring and navigation of vessels. Dredging of no more than 150 cubic yards below the normal full pool elevation of the reservoir. Excavation shall only be performed between the reservoir shoreline and surface of the lake, when the reservoir is below full pool elevation; referred to as work in the dry. Excavated material shall be disposed of in a confined upland
disposal site located above the 100- year floodplain. The discharge of effluent from a confined upland disposal site is not authorized. (Sections 10 and 404)
NOTE: Maintenance excavation of previously authorized facilities is not authorized by 18-PGP-01. An application must be submitted to the Corps to conduct maintenance excavation in a facility with a valid 26.a Permit.
c. Shoreline Stabilization. Shoreline stabilization necessary for erosion control. All fill and excavation work shall be performed in the dry. (Sections 10 and 404)
d. Boat Ramps and Other Recreation Watercraft Launching Facilities. The discharge of the fill material and/or the excavation of material necessary for the construction, improvement, expansion, or maintenance of boat ramps, or other recreational watercraft launching facilities. Only clean, inert material shall be used for fill
material. Excavated material not used for boat ramp construction will be disposed of in a confined upland disposal site located above the 100-year floodplain. All fill and excavation work shall be performed in the dry. The discharge of effluent from a confined upland disposal site is not authorized. (Sections 10 and 404)
Activities excluded from PGP. Activities that exceed the thresholds of the PGP, have more than minimal impacts to the aquatic environment, and/or have unacceptable impacts on the public interest would not be authorized under the PGP. This PGP would exclude work or structures located within areas previously identified to be potentially hazardous to commercial navigation, and/or within wetlands or areas designated as a special aquatic site. The TVA and the Corps will coordinate, as appropriate, on proposed activities located in sections of the river with navigation restrictions.
Lead Agency Role between the TVA and Corps: Lead agency roles and responsibilities under NEPA are as described in Sections 1501, 1504, 1506 and 1508 of the CEQ’s regulations. Section 501 provides that if more than one federal agency is involved in the same action, or is involved in a group of actions directly related to each other because of their geographical proximity, then one agency may act as lead. Section 1508 defines the lead agency as the agency taking primary responsibility for conducting and preparing environmental impact reviews pursuant to NEPA. The lead agency is responsible for initiating and directing the conduct of all NEPA consultations and coordination.
Recently the Corps and TVA revisited their 1985 Memorandum of Understanding (MOU) for the purpose of reducing agency separate, and overlapping, coordination and conduct of environmental reviews for the permit applications. Since both the Corps and TVA have related jurisdiction and responsibilities for regulating activities within the project boundaries of TVA reservoirs, the agencies re-established that TVA will serve as the lead federal agency on permit applications and projects within the Tennessee River reservoir boundaries and whenever US property in TVA custody or control is involved. The Corps will serve as the lead federal agency in all other cases (off Tennessee River reservoir) unless otherwise agreed to by TVA and Corps.
Procedures for Use of the PGP: Under the PGP procedures, a permit applicant would apply to TVA for authorizations under both TVA’s and the Corps’ permit programs. TVA, as lead agency, will determine if the activities are consistent with TVA’s procedures and permitting regulations, and are in procedural or substantive compliance with NEPA and any other Federal laws (i.e., the Endangered Species Act, the Clean Water Act, the National Historic Preservation Act). TVA will coordinate with the Corps if appropriate, but not normally. An individual activity/activities proposed for authorization under 18-PGP-01 will automatically be authorized under 18-PGP-01 if/when TVA issues a 26a permit for the proposed activities, and no further coordination or notification to the Corps would normally be required.
TVA’s 26a permit documentation to the permittee will provide a statement that the activities also meet the criteria of Corps 18-PGP-01, and notification to the Corps would not be required.
Likewise, any activity that is denied a permit from TVA would not be eligible for verification under 18-PGP-01.
Issuance of the PGP would not relieve the applicant of the necessity of obtaining other federal, state, or local permits, licenses, or authorizations required. Activities requiring DA authorization that are not specifically covered by the PGP would be prohibited unless authorized by a separate permit. Work or structures that would have more than minimal impacts to the aquatic environment and/or unacceptable impacts on the public interest would not be authorized and may require an individual permit.
Cultural Resources Assessment: The proposed PGP would not authorize activities which would adversely affect properties registered or listed as eligible for inclusion in the National Register of Historic Places. Presently unknown archaeological, scientific, prehistorical, or historical data may be located within the areas of consideration and could be affected by the proposed work. The TVA, as lead Federal agency, will determine if the specific activities proposed by applicants are
in compliance with the National Historic Preservation Act.
Endangered Species: The Endangered Species Act of 1973 (ESA), as amended, requires all federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS), pursuant to Section 7 of the ESA, on any action, or proposed action, permitted, funded, or undertaken by the agency that may affect a species listed as threatened or endangered under the ESA, or its designated critical habitat. The TVA, as lead Federal agency, will determine if the specific activities proposed by applicants are in compliance with the Endangered Species Act.
Public Interest Review: The decision whether to issue the PGP would be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision would reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work
must be balanced against its reasonably foreseeable detriments. All factors which may be relevant
to the work would be considered including the cumulative effects; conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general the needs and welfare of the people. The PGP will be issued unless the District Engineer determines it would be contrary to public interest.
Consideration of Public Comments: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny
a permit for this PGP. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects, and other public interest factors listed above.
Comments will be used in the preparation of an EA and/or an Environmental Impact Statement, if required, pursuant to NEPA. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the activity.
Application of Section 404(b)(1) Guidelines: Certain activities that would be authorized by 18-PGP-01 could involve the discharge of dredged or fill material into the waters of the United States. The Nashville District's evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under the authority of Section 404(b) of the Clean Water Act.
Public Hearing: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the issuance of 18-PGP-01. Requests for public hearings shall state, with particularity, the reasons for requesting a public hearing. The decision whether to hold a public hearing is at the discretion of the District Engineer, or his designated appointee, based on the need for additional substantial information necessary in evaluating the proposed PGP.
Comment Period: Written statements received in this office on or before April 30, 2018, become a part of the record and would be considered in the determination. Any response to this notice should refer to Public Notice Number 18-13 and be directed to the Regulatory Division, Attention: Aurora Scott, at the above address, email Aurora.C.Scott@usace.army.mil, or telephone (615) 369-7520.
For additional information about our Regulatory Program, please visit our web site at www.lrn.usace.army.mil, and please take a moment to complete our customer satisfaction survey while you are there. Your response is appreciated and will allow us to improve our services.
BY:
/s/
Casey H. Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Aurora C Scott,Aurora.C.Scott@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-13 Permit Draft.pdf?ver=2018-03-30-134618-753,,,,,,
1483717,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1483717/public-notice-no-18-14-file-no-lrn-2018-00205/,,lrn,Nashville District,Macon,-103.0,20.0,Public Notice No. 18-14,Public Notice No. 18-14; File No. LRN-2018-00205,,2018-05-04,2018-04-03,,,4500,,,,"This notice announces a prospectus has been submitted for the development of the Walnut Shade Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
Public Notice No. 18-14
Nashville District
Application No. LRN-2018-00205
Date: April 4, 2018; Expires: May 4, 2018
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Walnut Shade Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
BANK SPONSOR: Resource Environmental Solutions (RES), LLC
Attention: Mr. Aaron Speaks
1033 Demonbreun Street, Suite 300
Nashville, Tennessee 37203
LOCATION: The proposed stream mitigation bank encompasses 68.34 acres that is situated within five adjoining tracts comprising approximately 321 acres located two miles northeast of the Town of Red Boiling Springs in Macon County, Tennessee (Latitude N 36.552679, Longitude W
-85.821040). The proposed mitigation bank would incorporate approximately 4 miles (20,103 +/- linear feet) of intermittent and perennial stream channels along several unnamed tributaries to Little Salt Lick Creek, which is a major tributary to the Barren River.
PURPOSE: The Walnut Shade Stream Mitigation Bank is proposed to provide compensatory stream mitigation for permitted impacts within the primary service area of the Barren River Watershed (HUC 05110002), Cordell Hull Lake Watershed (HUC 05130106), Old Hickory Lake Watershed (HUC05130201),
and the Red River Watershed (HUC 05130206). The Bank’s proposed secondary service area includes the Cheatham Lake Watershed (HUC 05130202).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The
sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as theInteragency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA
and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The existing streams are degraded due to channelization, extensive impoundment, channel modifications, and habitat alterations are present throughout the site. Prior land uses included unrestricted cattle access and agricultural/farming activities. The main stream within the proposed mitigation bank (STR-3) has been assessed by TDEC and is listed as Fully Supporting. None of the other unnamed tributaries within the project site have been assessed by TDEC. STR-3 drains into Little Salt Lick Creek approximately 0.85 miles (4,500 linear feet +/-) downstream (north) of the project site. The overall goal of the mitigation bank is to restore, to the greatest extent possible, the ecological function of the highly degraded aquatic resources within
the mitigation bank site. The proposed project would consist of the rehabilitation, re-establishment, enhancement, and riparian buffer planting of approximately 21,103 linear feet of unnamed tributaries to Little Salt Lick Creek utilizing natural channel design techniques to provide a functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physiochemical, and biological characteristics. Project goals include: (1) Restoring floodplain connectivity, (2) Restoring natural channel geomorphology and improve water quality, (3) Improving bedform diversity, (4) Improving lateral stability, and (5) Improve riparian vegetation buffer width and protection. Of the 21,103 linear feet, 5,699 linear feet would be enhanced, 6,103 linear feet will be restored, and 9,301 linear feet will be re-established. Details are contained in
the Walnut Shade Stream Mitigation Bank Prospectus dated March 8, 2018. To view the prospectus please email Mark McIntosh: mark.g.mcintosh@usace.army.mil. Information in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A review of the Tennessee Historical Commission Web Service Database (accessed 01 March 2018) indicated one small single dwelling structure (MC-354) as occurring on the project site. The structure is listed as a plain/traditional, single family dwelling built circa 1910 with a dog trot and estimated log size of
8-10. This structure is no longer standing on the property. A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps
determines that consultation is required, the Corps would consult with the
Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Macon County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05110002, 05130106, 05130201, 05130202, 05130206",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN-18-14 plans.pdf?ver=2018-04-03-172008-250,,,,,,
1490778,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1490778/scoping-letter-multi-agency-research-project-on-deterrent-system-for-asian-carp/,,lrn,Nashville District,,,,Scoping Letter: Multi-Agency Research Project on Deterrent System for Asian Carp at Barkley Lock and Dam,"Scoping Letter: Multi-Agency Research Project on Deterrent System for Asian Carp at Barkley Lock and Dam, Livingston and Lyon Counties, Kentucky",,2018-05-11,2018-04-09,,,,,,,"The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for the proposed multi-agency research project on an acoustic deterrent system for Asian carp at Barkley Lock and Dam, Livingston and Lyon Counties, Kentucky
The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for the proposed multi-agency research project on an acoustic deterrent system for Asian carp at Barkley Lock and Dam, Livingston and Lyon Counties, Kentucky. The U.S. Fish and Wildlife Service, U.S. Geological Survey, University of Minnesota, Kentucky Department of Fish and Wildlife Resources, and U.S. Army Corps of Engineers Nashville District would combine funding, technology, and staff to conduct a three-year test to determine the effectiveness of a fish deterrent system at restricting or reducing movement of Asian carp through the Barkley lock chamber.
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
110 9TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TENNESSEE 37203
IN REPLY REFER TO
April 9, 2018
Project Planning Branch
TO ALL INTERESTED PARTIES:
The U.S. Army Corps of Engineers, Nashville District (USACE), is initiating
scoping under the National Environmental Policy Act (NEPA) for a proposed multiagency research project on an acoustic deterrent system for Asian carp at Barkley Lock
and Dam, Livingston and Lyon Counties, Kentucky. The U.S. Fish and Wildlife Service,
U.S. Geological Survey, University of Minnesota, Kentucky Department of Fish and
Wildlife Resources, and USACE would combine funding, technology, and staff to
conduct a three-year test to determine the effectiveness of a fish deterrent system at
restricting or reducing movement of Asian carp through the Barkley lock chamber. The
proposed project would test a bio-acoustic fish fence (BAFF) installed in the
downstream Barkley Lock approach channel. Information gathered from this research
would inform possible installations of BAFF systems at other sites in the Mississippi and
Ohio River basins. The proposed project supports a recommendation of the National
""Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the
United States (2007)"".
Asian carp have become a major concern in the Mississippi River basin.
Movement through lock systems are the primary means of upstream reservoir access
for invasive fish such as Asian carp. The BAFF uses customized sound signals,
directional strobe lighting, and an air bubble curtain to produce an underwater linear
deterrent for movement of fish. While the BAFF is in place, researchers would use
existing telemetry receivers and other electronic devices to assess the extent of Asian
carp movement through Barkley Lock. The existing telemetry system and the large
number of Asian carp in the Barkley tailwater make this an ideal location for this
research.
The BAFF system would be installed on the river bottom in the downstream lower
lock approach. In addition, consideration for a sound-only (speakers) portion of the
BAFF system would be made during the first year of monitoring and, if needed, installed
near the lock chamber discharge ports on the spillway side of the riverward lockwall
(Figure 1). Figures 2 and 3 show an illustration of the system's use and typical
underwater BAFF equipment. Other supporting parts of the BAFF system such as air
compressors and system controls would be installed on or near the downstream lock
walls. The BAFF system requires a level river bed for installation, so dredging is
required to prepare the river bed and to remove upstream bed load. Dredging is also
required to install the BAFF below an elevation (at or below elevation 286 feet) to avoid
inhibiting lock entry at low river levels. This dredging and equipment installation would
require a Water Quality Certification from the Kentucky Division of Water.
2
Commercial barge and other boat traffic may experience intermittent lockage
delays during installation of the BAFF equipment. Periodic maintenance activities for
the BAFF equipment would be conducted to best minimize effects on commercial lock
passages, including repair boats and/or divers to clean and check the BAFF system.
Deployment of the BAFF system may affect anglers who fish below Barkley Lock.
Kentucky Department of Fish and Wildlife Resources has proposed to implement a
fishing restriction in the area of the BAFF due to the potential for considerable damage
to the system. This zone would begin 200 feet below the BAFF as illustrated on Figure
1. The BAFF system is planned to be removed after the three-year test period, at which
time the area would reopen for fishing.
This letter serves to solicit scoping comments from the public; Federal, state,
local agencies, and officials; Indian Tribes; and other interested parties to consider and
evaluate the potential impacts of the proposed activity in accordance with the NEPA
process. We encourage comments not only about resources in the immediate project
area, but also of plans or proposals for any other development that may impact or
influence project resources. Comments are used to assess impacts on fish, wildlife,
endangered species, water quality, historic properties, water supply, conservation ,
economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation,
shore erosion, sedimentation, recreation, energy needs, safety, climate change,
considerations of property ownership, general environmental effects, cumulative effects,
and in general , the needs and welfare of the people. This letter also serves to initiate
the public involvement requirements of Section 1°06 of the National Historic Preservation
Act of 1966, as amended.
Comments should be submitted within 30 days of the date of this letter to the
address on the letterhead or electronically to Cody.A.Flatt@usace.army .mil. For
additional information regarding the proposed project, please contact Cody Flatt at (615)
736-7954.
Sincerely ,
Angela A. Dunn
Chief, Project Planning Branch
3
Figure 1: Aerial Photo of Barkley Lock. Red lines indicate proposed BAFF system location in
lower lock approach channel and possible speakers (only) at lock discharge ports. Yellow
hashing represents proposed fishing restriction zone.
Figure 2: Illustration of a Typical Bio-Acoustic Fish Fence (BAFF)
4
Figure 3: Example of BAFF (sound, air, and light) system that would be installed on river
bottom. Note additional Debris Encasement Guards may be used to protect equipment from
damage.",,,,,,,,,http://www.lrn.usace.army.mil/LinkClick.aspx?fileticket=QWecqfTatno%3d&portalid=49,,,,,,
1489061,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1489061/public-notice-no-18-15-file-no-lrn-2018-00204/,,lrn,Nashville District,Hamblen,,,Public Notice No. 18-15,Public Notice No. 18-15; File No LRN-2018-00204,,2018-05-10,2018-04-10,,,14693,,,,"This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Ray Farms Stream Restoration Mitigation Plan in Whitesburg, Hamblen County, Tennessee
Public Notice No. 18-15
Nashville District
Application No. LRN-2018-00204
Date: April 10, 2018;Expires: May 10, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Stream Mitigation Program (TSMP) In-Lieu Fee (ILF) Instrument to include the Ray Farms Stream Restoration Mitigation Plan.
ILF PROGRAM SPONSOR: Tennessee Wildlife Resources Foundation
5000 Linbar Drive
Suite 275
Nashville, TN 37211
BACKGROUND: The Tennessee Wildlife Resources Foundation’s TSMP ILF Instrument was approved on June 7, 2013, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Ray Farms Stream Restoration Mitigation Plan has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR
332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu-fee program mitigation site. As such, we are issuing this public notice to solicit comments for the instrument modification for addition of an in-lieu fee mitigation site.
PURPOSE: The Ray Farms Stream Mitigation Plan would provide compensatory stream mitigation for permitted impacts within the French Broad Holston Geographic Service Area in accordance with TSMP’s approved ILF Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation
requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the TSMP. The
IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 11,132 stream mitigation credits by restoring, enhancing, and preserving 14,693 linear feet of tributaries to Bent Creek. These credits will be allocated to the French Broad Holston Geographic Service Area, which encompasses the following eight 8-digit HUC’s:
• 06010104 Holston River
• 06010107 Lower French Broad River
• 06010106 Pigeon River
• 06010105 Upper French Broad River
• 06010108 Nolichucky River
• 06010103 Watauga River
• 06010102 South Fork Holston River
• 06010101 North Fork Holston River
Details of the mitigation plan are contained in the Ray Farms Restoration Project Prospectus dated January 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
LOCATION: The project site is located adjacent to Ralph Ray Road in Whitesburg, Hamblen County, Tennessee. This site lies within the Bent Creek watershed (12-digit HUC 06010108905) and the Ridge and Valley Level III ecoregion. Coordinates to the project centroid are N36.2385 W83.1125.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At
this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in Hamblen County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Fishes
Chucky Madtom (Noturus crypticus)
Endangered
Snail Darter (Percina tanasi)
Threatened
Clams
Cumberland Bean (pearlymussel) (Villosa trabalis)
Endangered
Rough Rabbitsfoot (Quadrula cylindrica strigillata)
Endangered
Finerayed Pigtoe (Fusconaia cuneolus)
Endangered
Fluted Kidneyshell (Ptychobranchus subtentum)
Endangered
Spectaclecase (mussel) (Cumberlandia monodonta)
Endangered
Oyster Mussel (Epioblasma capsaeformis)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers,
Regulatory Division, Attention: Ms. Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010101, 06010102, 06010103, 06010104, 06010105, 06010106, 06010107, 06010108, 60101089",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-15.pdf?ver=2018-04-10-103141-700,,,,,,
1495227,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1495227/public-notice-no-18-16-file-no-lrn-2010-01033/,,lrn,Nashville District,Morgan,-86.90475,34.41774,Public Notice No. 18-16,Public Notice No. 18-16; File No. LRN-2010-01033,,2018-05-17,2018-04-17,,,1836,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Development of a Light Industrial/Warehousing Facility in Hartselle, Morgan County, Alabama
Public Notice No. 18-16
Nashville District
Application No. 2010-01033
Date: April 17, 2018; Expires May 17,2018
Please address all comments to: Nashville District Corps of Engineers
Western Regulatory Field Office
2424 Danville Road SW
Suite N
Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Development of a Light Industrial/Warehousing Facility in Hartselle, Morgan County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Morgan County Economic Development Association
Attn: Mr. Jeremy Nails
300 Market Street, Suite 2
Decatur, Alabama 35601
LOCATION: The project is located at Lot 1 (44 acres) of the Morgan Center Industrial Park, west of Byrd Road in Hartselle, Morgan County, Alabama. Within lot 1 are two unnamed tributaries of Cedar Creek and adjacent wetlands, tributaries of the Tennessee River Mile 308.4, Left Bank. The project site may be found on the Hartselle, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.41774°N; Longitude 86.90475°W). (HUC 0603000210, Flint Creek).
EXISTING CONDITIONS: The project area consists of approximately 44 acres of undeveloped forested land. The forest composition is mostly second-growth with an understory dominated by Chinese privet. The property includes one intermittent stream, one ephemeral stream, and 1.88 acres of forested wetland.
DESCRIPTION OF PROPOSED WORK: The proposed work consists of the permanent discharge of fill material into 1.88 acres of wetland and 1,836 linear feet of intermittent stream. The proposed discharge of fill would facilitate the construction of a 600,000 square foot industrial warehouse facility and associated infrastructure. A Tennessee Valley Authority (TVA) economic development grant would be used by the applicant to prepare the 44-acre lot within the Morgan Center Industrial Park. TVA prepared an environmental assessment (dated July 2017) regarding the development of the lot that resulted in a finding of no significant impact.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To provide a 600,000 square feet industrial/warehouse facility to support a Tier 1 or 2 supplier to support to an automobile manufacturer in the area with nearby access to Interstate 65. The proposed project is not water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to all waters of the U.S. (WOUS) to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant proposes to offset the proposed impacts to1.88 wetland acres through the purchase of 3.76 wetland credits from the Robinson Spring Mitigation Bank located in Jackson County, Alabama. The applicant proposes permittee- responsible compensatory mitigation for the permanent loss of 1,836 linear feet of intermittent stream through its relocation into a 2,131’ long channel within the property. The relocated stream channel will be designed using natural channel design techniques. Following channel construction, a minimum 50’ wide riparian buffer will be established and planted with native tree and shrub species. The new stream channel and riparian buffer will be protected with a permanent conservation easement and the
riparian buffer will be marked with “Protected Area” signs.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: Prior to TVA’s involvement, a Phase I cultural resources survey was conducted by PanAmerican Consultants, Inc. within the larger Business Park boundaries (Wood 2007). No archaeological or historic sites were identified within lot 1. Based on the results of
the survey, TVA found that the undertaking has no potential to affect historic properties. In a letter dated December 15, 2016, the Alabama Historical Commission (SHPO) concurred with TVA’s “no effect” finding. TVA consulted with federally recognized Indian tribes regarding properties within
the project’s area of potential effect that may be of religious and cultural significance to them and eligible for the NRHP. TVA received no objections from federally recognized tribes for this undertaking.
The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. The Corps would consider any substantive comments to determine the potential of impacts of the project to historic properties and would
initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on April 13, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern
Long-eared bat (Myotis septentrionalis) (T)
• FLOWERING PLANTS: Fleshy-Fruit Gladecress (Leavenworthia crassa) (E)
TVA conducted a field review of the 44-acre property in January 2017, to identify any habitatwithin the property suitable for threatened or endangered species. 17 suitable roost trees for federally-listed bat species were identified totaling approximately 2.8 acres. The development plan for the 44-acre property has been designed so that no trees identified as suitable habitat for Gray bats, Indiana bats, and Northern Long-eared bats would be removed. A vegetated buffer will be maintained, preserving the identified suitable bat habitat. No other suitable habitats for federally-listed species were identified within the property.
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, telephone (256) 350-5620, or email at william.e.sinclair@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Regulatory Branch
Regulatory Division
U.S. Army Corps of Engineers",60300021,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-16.pdf?ver=2018-04-17-101014-937,,,,,,
1500164,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1500164/corps-seeks-public-comment-public-meeting-set-for-center-hill-dam-modification/,,lrn,Nashville District,,,,The U.S. Army Corps of Engineers Nashville District is hosting a public scoping meeting 6-8 p.m. Thursday,Corps seeks public comment: public meeting set for Center Hill Dam Modification Study,,2018-05-31,2018-04-20,,,,,,,"The U.S. Army Corps of Engineers Nashville District is hosting a public scoping meeting 6-8 p.m. Thursday, May 3, 2018 at the Buffalo Valley Community Center to present information to the public regarding a current Dam Safety Modification Study (DSMS) to further reduce risk at Center Hill Dam. The Corps seeks public comment. Information is provided on the Federal Register. The Link is provided.
The U.S. Army Corps of Engineers Nashville District is hosting a public scoping meeting 6-8 p.m. Thursday, May 3, 2018 at the Buffalo Valley Community Center to present information to the public regarding a current Dam Safety Modification Study (DSMS) to further reduce risk at Center Hill Dam. The center is located at 2717 Buffalo Valley School Road, Buffalo Valley, Tenn.
Since 2008 the Nashville District has worked to reduce risk at Center Hill Dam from a foundation seepage issue.
“More recently, however, operability issues have been identified with the 70-year old main dam spillway gates that add project risk during a large flood event” said Corps Project Manager, Linda Adcock.
In the early 1990’s a self-eroding structure called a ‘fuse plug’ was built into the top of the saddle dam to add the ability to safely pass a rare, extreme flood downstream.
“If the main dam spillway gates don’t operate as intended, the fuse plug on the saddle dam could operate at a smaller flood than intended,” Adcock added.
Currently, risk of this occurrence is higher than the Corps deems acceptable. A study is underway to evaluate spillway gate repair alternatives and potential changes to standard gate operations during a large flood. Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Corps of Engineers is initiating scoping and preparing a draft Environmental Impact Statement (EIS) to support the DSMS. The study will produce a recommended plan to reduce potential project risk. The Corps seeks public input on the array of alternatives being considered.
Examples of measures, either individually or in combination, that have potential to affect structures or operations of the dam may include:
a) Replacement of the current gate machinery with hydraulic machinery that can operate under water;
b) Addition of equipment to the current spillway gates to keep them open if the operating machinery is underwater;
c) Modification of the spillway gates or gate machinery to allow operation from the top of the dam;
d) Relocation of the gate operating machinery to the road level, which would require raising or relocating Highway 96 that crosses over the dam;
e) Modification of the emergency operations plan in the water control manual that determines how to manage floods at Center Hill Dam; and
f) Other measures as identified by on-going engineering studies, the public, and agencies.
The announcement seeking public input is located on the Federal Register at https://www.federalregister.gov/documents/2018/04/20/2018-08291/intent-to-prepare-a-draft-environmental-impact-statement-for-the-dam-safety-modification-study. This announcement includes information on how to provide comments to the Corps of Engineers regarding this study.
To read more on the dam safety project, visit the Nashville District webpage at http://www.lrn.usace.army.mil/Missions/Current-Projects/Construction/Center-Hill-Dam-Safety-Rehabilitation-Project/ . For more information about the U.S. Army Corps of Engineers Nashville District, visit the district’s website at www.lrn.usace.army.mil, on Facebook at http://www.facebook.com/nashvillecorps and http://www.facebook.com/centerhilllake , and on Twitter at http://www.twitter.com/nashvillecorps.",,,,,,,,,https://www.federalregister.gov/documents/2018/04/20/2018-08291/intent-to-prepare-a-draft-environmental-impact-statement-for-the-dam-safety-modification-study,,,,,,
1504135,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1504135/scoping-notice-water-control-manual-update-for-dale-hollow-and-wolf-creek-dams/,,lrn,Nashville District,,,,,Scoping Notice: Water Control Manual Update for Dale Hollow and Wolf Creek Dams,,2018-05-31,2018-04-26,,,,,,,"The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for the proposed revision of the 1998 Dale Hollow and Wolf Creek water control manuals.
The U.S. Army Corps of Engineers is seeking public and agency comments concerning environmental or socioeconomic issues that should be addressed in the course of the NEPA process for the proposed revision of the 1998 Dale Hollow and Wolf Creek water control manuals. Currently, the control flow at Celina varies seasonally based on crop season (April 15th – December 15th) at 30,000 cubic feet per second (cfs) and flood season (December 15th – April 15th) at 40,000 cfs. The revised water control manuals propose a control flow at Celina that would not vary seasonally and be 40,000 cfs year round. This change in the manual would slightly increase water elevations downstream of both Dale Hollow and Wolf Creek Dams. A public meeting is planned for Tuesday May 22, 2018 from 5 to 7 p.m. at Dale Hollow Resource Managers Office, 540 Dale Hollow Dam Road, Celina, TN. 38551, to discuss any concerns or comments of the proposed revision of the water control manuals for Dale Hollow Dam and Wolf Creek Dam.
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
110 9TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TENNESSEE 37203
IN REPLY REF
REFER TO
TO
April 23, 2018
Project Planning Branch
SUBJECT: Revision of 1998 Water Control Manuals for Dale Hollow Dam and Wolf
Creek Dam
TO ALL INTERESTED PARTIES:
The U.S. Army Corps of Engineers, Nashville District (USACE), is initiating scoping
under the National Environmental Policy Act (NEPA) to evaluate the impacts of the
proposed revision of the 1998 Dale Hollow and Wolf Creek water control manuals. The
purpose of water control manuals at Dale Hollow and Wolf Creek Dams is to serve as a
guide for the day-to-day and emergency regulation of the project, and to provide
background information on the project. The manuals present the plan of regulation for
the project and furnish information pertinent to its operation.
The focus of this scoping letter is to solicit comments concerning a modification to
the water control manuals that changes the control flow at Celina, Tennessee.
Currently, the control flow at Celina varies seasonally based on crop season (April 15th
December 15th) at 30,000 cubic feet per second (cfs) and flood season (December
15th April 15th) at 40,000 cfs. The revised water control manuals propose a control
flow at Celina that would not vary seasonally and be 40,000 cfs year round. This change
in the manual would slightly increase water elevations downstream of both Dale Hollow
and Wolf Creek Dams. Four maps (Figures 1 4) are enclosed which show inundation
changes in four reaches resulting from the difference between 30,000 and 40,000 cfs.
Similar areas would be inundated from the change during crop season. Also changed
in the water control manuals: 1) Hydropower ramp rates, while still limited to two units
per hour, are now strongly preferred to be limited to one unit per hour unless a power
emergency necessitates a two unit per hour ramp rate; 2) Minimum flow are now the
discharge equivalent to one hour of generation during every 24-hour period from June
1st through November 15th; 3) The Pool between elevations 631.0 651.0 mean sea
level is now known as the Conservation Pool instead of the Power Pool.
A public meeting is planned for Tuesday May 22, 2018 from 5:00pm to 7:00 pm at
Dale Hollow Resource Managers Office, 540 Dale Hollow Dam Road, Celina, TN.
38551, to discuss any concerns or comments of the proposed revision of the water
control manuals for Dale Hollow Dam and Wolf Creek Dam.
This letter serves to solicit scoping comments from the public; federal, state, local
agencies and officials; Indian Tribes; and other interested parties in order to consider
and evaluate the impacts of this proposed activity as part of the USACE planning
-2-
process and in accordance with the NEPA process. We encourage comments not only
about resources in the immediate project area, but also of plans or proposals for any
other development that may impact or influence project resources. Comments are used
to assess impacts on fish, wildlife, endangered species, water quality, historic
properties, water supply, conservation, economics, aesthetics, wetlands, flood hazards,
floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy
needs, safety, climate change, considerations of property ownership, general
environmental effects, cumulative effects, and in general, the needs and welfare of the
people. This letter also serves to initiate the public involvement requirements of Section
106 of the National Historic Preservation Act of 1966, as amended.
Comments may be submitted within 30 days of the date of this letter to the address
on the letterhead or electronically to Cody.A.Flatt@usace.army .mil. For additional
information regarding the proposed project, please contact Cody Flatt at (615) 7367954.
Sincerely,
for Angela A. Dunn
Chief, Project Planning Branch
Enclosures
-3-
Figure 1. Water inundation map of Obey and Cumberland Rivers confluence
Figure 2. Water inundation map at Cumberland River Mile 409
-4-
Figure 3. Water inundation map at Cumberland River Mile 424
Figure 4. Water inundation map below Wolf Creek Dam",,,,,,,,,http://www.lrn.usace.army.mil/Portals/49/docs/PPPMD/Scoping%20Letter%20Water%20Control%20Maunal%20Update%20for%20Dale%20Hollow%20and%20Wolf%20Creek%20Dams.pdf?ver=2018-04-26-112428-540,,,,,,
1518654,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1518654/j-percy-priest-reservoir-tennessee-draft-water-supply-storage-reallocation-repo/,,lrn,Nashville District,,,,J. Percy Priest Reservoir,"J. Percy Priest Reservoir, Tennessee, Draft Water Supply Storage Reallocation Report and Integrated Environmental Assessment",,2018-06-18,2018-05-14,,,,,,,"The U.S. Army Corps of Engineers, Nashville District, is extending the comment period for its draft report titled “J. Percy Priest Reservoir, Tennessee, Draft Water Supply Storage Reallocation Report and Integrated Environmental Assessment” (Report), to evaluate the potential impacts of a proposed reallocation of additional storage for water supply from the J. Percy Priest Reservoir (JPP), Tennessee in Davidson and Rutherford Counties. The new deadline for comments is now July 16, 2018.
The U.S. Army Corps of Engineers, Nashville District (USACE) has prepared a draft report titled “J. Percy Priest Reservoir, Tennessee, Draft Water Supply Storage Reallocation Report and Integrated Environmental Assessment” (Report), to evaluate the potential impacts of a proposed reallocation of additional storage for water supply from the J. Percy Priest Reservoir (JPP), Tennessee in Davidson and Rutherford Counties.
The Report concludes that the tentatively selected plan to reallocate an additional 12,016 acre-feet (30.498 MGD) of storage would meet the users’ water supply demand with minimal impact to the project and the environment.",,,,,,,,,"https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6932
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6937
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6939
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6931
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6929
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6934
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6935
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6936
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6930
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6933
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/6938",,,,,,
1522745,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1522745/public-notice-18-19-file-no-lrn-2018-00299/,,lrn,Nashville District,Madison,-86.515953,34.493797,Public Notice 18-19,Public Notice 18-19; File No. LRN-2018-00299,,2018-06-15,2018-05-15,,,10656,,,,"Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 339.0 to 341.0, Right Bank, in Huntsville, Madison County, Alabama
Public Notice No. 18-19
Nashville District
Application No. LRN-2018-00299
Date: May 16, 2018; Expires June 15, 2018
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: David J. Medina
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 339.0 to 341.0, Right Bank, in Huntsville, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a
permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards
will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Valley Authority (TVA)
106 Tri Cities Business Park Drive
Gray, Tennessee 37615
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Wheeler Lake from Tennessee River Mile
339.0 to 341.0, Right Bank, in Huntsville, Madison County, Alabama. The project site may be found on the Farley, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.493797°; Longitude
-86.515953°).
DESCRIPTION: The proposed work consists of the discharge of 59,200 cubic yards of Class
#2 riprap along 10,656 linear feet of the right bank of the Tennessee River from mile 339.0 to
341.0. Construction during the normal summer pool (556’ Mean Sea Level (MSL)) will be placed from barge, fitted with a crane and side rails, to prevent rock spilling and turbidity. Construction during winter pool (552’ MSL) will be accomplished by delivering riprap by barge and placed by dragline from the barge. A temporary ramp will be constructed out of the placed riprap to off load a track hoe to spread the riprap. Upon completion the track hoe will be removed along with the temporary ramp. Spud poles (2 per anchoring) will be used to anchor the barge during construction. Riprap would extend from an upper elevation of 565’ MSL to bottom elevation 555’ at a contour of the original grade with zero grading to the eroding bank; filter fabric maybe be installed where needed; and specific leaning or fallen trees and branches may be removed where necessary to facilitate placement of the riprap on the shoreline bank. TVA uses rock riprap because it is the most reliable and long term method for keeping erosion to a minimum.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: TVA
has prepared separate construction methods for summer and winter pools to minimize disturbance to the aquatic resource. Riprap will be delivered from a barge in both scenarios to minimize ground disturbance to the area.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) did not identify any historic properties within five miles of the project site. The USACE invites responses to this public notice
from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the Alabama Historical Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on May 9, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe (Pleurobema plenum) (E); Snuffbox Mussel (Epioblasma triquetra) (E); Spectaclecase (mussel) (Cumberlandia monodonta) (E)
• SNAILS: Slender Campeloma (Campeloma decampi) (E)
• CRUSTACEANS: Alabama Cave Shrimp (Palaemonias alabamae) (E)
• FLOWERING PLANTS: Morefield’s Leather Flower (Clematis morefieldii) (E); Price’s Potato-bean (Apios priceana)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: David Medina
at the above address, telephone (256) 350-5620, or email at David.J.Medina@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. David Medina at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,David J Medina,David.J.Medina@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans PN 18-19.pdf?ver=2018-05-15-132308-190,,,,,,
1522760,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1522760/public-notice-18-20-file-no-lrn-2018-00348/,,lrn,Nashville District,Marshall,-86.545059,34.526163,Public Notice 18-20,Public Notice 18-20; File No. LRN-2018-00348,,2018-06-15,2018-05-15,,,3350,,,,"Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 336.9 to 337.5, Left Bank, in Marshall County, Alabama
Public Notice No. 18-20
Nashville District
Date: May 16, 2018; Expires June 15, 2018
Application No. LRN-2018-00348
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: David J. Medina
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 336.9 to 337.5, Left Bank, in Marshall County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards
will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Valley Authority (TVA)
106 Tri Cities Business Park Drive
Gray, Tennessee 37615
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Wheeler Lake from Tennessee River Mile
336.9 to 337.5, Left Bank, in Marshall County, Alabama. The project site may be found on the Farley, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.526163°; Longitude
-86.545059°).
DESCRIPTION: The proposed work consists of the discharge of 18,611 cubic yards of Class
#2 riprap along 3,350 linear feet of the left bank of the Tennessee River from mile 336.9 to
337.5. Construction during the normal summer pool (556’ Mean Sea Level (MSL)) will be placed from barge, fitted with a crane and side rails, to prevent rock spilling and turbidity. Construction during winter pool (552’ MSL) will be accomplished by delivering riprap by barge and placed by
dragline from the barge. A temporary ramp will be constructed out of the placed riprap to off load a track hoe to spread the riprap. Upon completion the track hoe will be removed along with the temporary ramp. Spud poles (2 per anchoring) will be used to anchor the barge during construction. Riprap would extend from an upper elevation of 565’ MSL to bottom elevation 555’ at a contour of the original grade with zero grading to the eroding bank; filter fabric maybe be installed where needed; and specific leaning or fallen trees and branches may be removed where necessary to facilitate placement of the riprap on the shoreline bank. TVA uses rock riprap because it is the most reliable and long term method for keeping erosion to a minimum.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: TVA
has prepared separate construction methods for summer and winter pools to minimize disturbance to the aquatic resource. Riprap will be delivered from a barge in both scenarios to minimize ground disturbance to the area.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the
NationalEnvironmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be
prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places
(http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) did not identify any historic properties within five miles of the project site. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the Alabama Historical Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic
Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on May 9, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe (Pleurobema plenum) (E); Sheepnose Mussel (Plethobasus cyphyus) (E); Snuffbox Mussel (Epioblasma triquetra) (E); Spectaclecase (mussel) (Cumberlandia monodonta) (E)
• CRUSTACEANS: Alabama Cave Shrimp (Palaemonias alabamae) (E)
• FLOWERING PLANTS: Price’s Potato-bean (Apios priceana)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: David Medina at the above address, telephone (256) 350-5620, or email at David.J.Medina@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. David Medina at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, WestBranch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,David J Medina,David.J.Medina@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans PN 18-20.pdf?ver=2018-05-15-134231-013,,,,,,
1522770,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1522770/public-notice-18-21-file-no-lrn-2018-00346/,,lrn,Nashville District,Marshall,-86.444774,34.459042,Public Notice 18-21,Public Notice 18-21; File No. LRN-2018-00346,,2018-06-15,2018-05-15,,,4740,,,,"Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 344.8 to 345.7, Left Bank, Marshall County, Alabama
Public Notice No. 18-21
Nashville District
Application No. LRN-2018-00346
Date: May 16, 2018; Expires June 15, 2018
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: David J. Medina
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities, from Tennessee River Mile 344.8 to 345.7, Left Bank, Marshall County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards
will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Tennessee Valley Authority (TVA)
106 Tri Cities Business Park Drive
Gray, Tennessee 37615
LEAD FEDERAL AGENCY: The USACE and Tennessee Valley Authority (TVA) have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA custody or control.
LOCATION: The proposed project is located on Wheeler Lake from Tennessee River Mile 344.8 to 345.7, Left Bank, in Marshall County, Alabama. The project site may be found on the Guntersville Dam, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.459042°; Longitude
-86.444774°).
DESCRIPTION: The proposed work consists of the discharge of 51,613 cubic yards of Class
#2 riprap along 4,740 linear feet of the left bank of the Tennessee River from mile 344.8 to 345.7. Construction during the normal summer pool (556’ Mean Sea Level (MSL)) will be placed from barge, fitted with a crane and side rails, to prevent rock spilling and turbidity. Construction during winter pool (552’ MSL) will be accomplished by delivering riprap by barge and placed by
dragline from the barge. A temporary ramp will be constructed out of the placed riprap to off load a track hoe to spread the riprap. Upon completion the track hoe will be removed along with the temporary ramp. Spud poles (2 per anchoring) will be used to anchor the barge during construction. Riprap would extend from an upper elevation of 569’ MSL to bottom elevation 552’ at a contour of the original grade with zero grading to the eroding bank; filter fabric maybe be installed where needed; and specific leaning or fallen trees and branches may be removed where necessary to facilitate placement of the riprap on the shoreline bank. TVA uses rock riprap because it is the most reliable and long term method for keeping erosion to a minimum.
Plans of the proposed work are attached to this notice.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: TVAhas prepared separate construction methods for summer and winter pools to minimize disturbance to the aquatic resource. Riprap will be delivered from a barge in both scenarios to minimize ground disturbance to the area.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be
prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of National Register of Historic Places (http://nrhp.focus.nps.gov/natreghome.do?earchtype=natreghome) did not identify any historic properties within five miles of the project site. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. USACE would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the Alabama Historical Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on May 11, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by
the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (T)
• CLAMS: Pink Mucket (pearlymussel) (Lampsilis abrupta) (E); Rough Pigtoe (Pleurobema plenum) (E); Snuffbox Mussel (Epioblasma triquetra) (E); Spectaclecase (mussel) (Cumberlandia monodonta) (E)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: David Medina at the above address, telephone (256) 350-5620, or email at David.J.Medina@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. David Medina at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, WestBranch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,David J Medina,David.J.Medina@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans PN 18-21.pdf?ver=2018-05-15-135630-583,,,,,,
1526786,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1526786/public-notice-no-18-18-file-no-lrn-0-4889600/,,lrn,Nashville District,Hardin,,,Public Notice No. 18-18,Public Notice No. 18-18; File No. LRN-0-4889600,,2018-06-21,2018-05-21,,,,,,,"Commercial Sand and Dredging Operations at Various Locations in the Tennessee River between Miles 120.5 and 182.0, Kentucky Lake Tennessee River Mile 120.5 to 123.0; 124.0 to 125.0; 125.0 to 126.0 right bank only, 126.0 to 128.5; 133.5 to 135.0; 136.0 to 140.0; 144.0 to 145.5; 147.0 to 148.0; 150.0 to 152.0; 172.0 to 182.0, in Decatur, Hardin, Perry, and Wayne Counties, TN
Public Notice No. 18-18
Nashville District
File No. LRN-0-4889600
Date: May 21, 2018;
Expires: June 21, 2018
Please address comments to: Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214
SUBJECT: Commercial Sand and Dredging Operations at Various Locations in the Tennessee River
between Miles 120.5 and 182.0, Kentucky Lake
LOCATIONS: Tennessee River Mile 120.5 to 123.0; 124.0 to 125.0; 125.0 to 126.0 right bank
only, 126.0 to 128.5; 133.5 to 135.0; 136.0 to 140.0; 144.0 to 145.5; 147.0 to 148.0; 150.0 to
152.0; 172.0 to 182.0, in Decatur, Hardin, Perry, and Wayne Counties, TN
TO ALL CONCERNED: The work described below has been proposed in an application for a Department of
the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the
Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to
Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated
by the work.
APPLICANT: Santana Dredging Corporation
215 Owen Lane
Shiloh, TN 38376
DESCRIPTION OF WORK: The applicant is requesting reauthorization of a DA permit for commercial
sand and gravel dredging that expired on January 2, 2018, in order to continue dredging in areas
previously permitted. The applicant (and other companies) have been actively dredging sand and
gravel from the river at the subject locations since the 1950’s. The applicant has a valid Water
Quality Certification (WQC) [Permit No. NRS12.219] from TDEC for sand and gravel dredging between
river miles 120.5 to 194.0. The applicant has also requested reauthorization of the WQC for
dredging operation.
The applicant uses a hydraulic dredge to obtain sand and gravel from the river bed for use as
concrete aggregate in construction projects throughout a regional market. The sand and gravel is
used in highway and bridge construction, asphalt paving, and other general construction activities.
The dredged materials are sorted onboard the dredge. Unused dredged material and river water are
discharged back into the river under the dredge immediately following the onboard classification
process. In the past, the applicant operated an unloading terminal [permitted under File
LRN-2001-00838] at their land-based operations site located at TRM
197.4, left bank, in Hardin County, TN. The unloading terminal was removed but the applicant sells
the dredged material to buyers that delivers empty barges to the work site. The buyers transport
the barges to their preferred permitted unloading site. The existing dredging construction
requirements in the previously authorized DA permit will be retained. No dredging is permitted
within 150 feet of the main navigation channel sailing line or within 100 feet of either river
bank. The following table shows the previously authorized and proposed dredging locations on the
Tennessee River:
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on
an evaluation of the probable impacts including cumulative impacts of the activity on the public
interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife
values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (USACE) is soliciting comments from the
public; federal, state, and local agencies and officials; Indian Tribes; and other interested
parties in order to consider and evaluate the impacts of this proposed activity. Any comments
eceived will be considered by the USACE to determine whether to
issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are
used to assess impacts on endangered species, historical properties, water quality, and general
environmental effects, and the other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to
NEPA. Comments are also used to determine the need for a public hearing and determine the overall
public interest of the proposed activity.
ENDANGERED/THREATENED SPECIES REVIEW: Section 7 of the Endangered Species Act (ESA) requires
federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) on all actions that may
affect a species listed under the ESA as threatened or endangered or any designated critical
habitat. Coordination with the USFWS indicates the presence of several federally listed endangered
species in the vicinity of the action area. Also, a review of the USFWS website,
http://ecos.fws.gov/ipac
, identified the following federally-listed species that are known to or
believed to occur in the vicinity of the proposed action:
Species
Federal Status
Clubshell Pleurobema clava
Endangered
Cracking Pearlymussel Hemistena lata
Endangered
Fanshell Cyprogenia stegaria
Endangered
Orangefoot Pimpleback (pearlymussel) Plethobasus cooperianus
Endangered
Pink Mucket (pearlymussel) Lampsilis abrupta
Endangered
Ring Pink (mussel) Obovaria retusa
Endangered
Rough Pigtoe Pleurobema plenum
Endangered
Sheepnose Mussel Plethobasus cyphyus
Endangered
Spectaclecase (mussel) Cumberlandia monodonta
Endangered
White Wartyback (pearlymussel) Plethobasus cicatricosus
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments,
the USACE will evaluate the potential effects to proposed and/or listed species and their
designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if
required.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic
properties currently listed on the National Register of Historic Places within the project area. A
Phase I cultural/archaeological survey has not been conducted for the site. The Corps invites
responses to this public notice from American Indian Tribes or tribal governments;
F
ederal, State, and local agencies; historical and archeological societies; and other parties
likely to have knowledge of or concerns regarding historic properties and cultural significance at
or near the project area. USACE will evaluate any substantive comments from this public notice to
determine the potential of impacts to historic and cultural resources for Section 106 compliance.
If the Corps determines that consultation is required, the Corps would consult with the Tennessee
Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the
National Historic Preservation Act, as appropriate.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals are
required for the work including:
Water Quality Certification that applicable water quality standards are not violated by the process
from TDEC pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
In accordance with USACE’s obligation and procedures under Section 408 of the Rivers and Harbors
Act, Engineer Circular (EC) 1165-2-216, dated July 31, 2014, Policy and
Procedural Guidance for Processing Request to Alter US Army Corps of Engineers Civil Works Projects
Pursuant to 33 USC 408, USACE must determine if the proposed work will impair the usefulness of the
federal commercial navigation project and/or be injurious to the public interest.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in
this notice, that a public hearing be held to consider this application. Requests for hearings
shall state, with particularity, the reasons for holding a hearing.
If you received this notice by mail and wish to view all of the attachments, visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Amy Robinson, at 615- 369-7507,
or email amy.m.robinson@usace.army.mil, and reference Public Notice 18-18.
COMMENT PERIOD: Written statements received in this office on or before June 21, 2018, will become
a part of the record and will be considered in the determination. Any response to this notice
should be directed to the Nashville District Corps of Engineers, Regulatory Branch, Attn: Amy
Robinson, at the above address.
/s/
From (River Mile)
To (River Mile)
Left Descending Bank
Right Descending Bank
120.5
123.0
X
X
126.0
128.5
X
X
133.5
135.0
X
X
136.0
137.9
X
X
137.9
140.0
X
X
144.0
145.5
X
X
147.0
148.0
X
X
150.0
152.0
X
X
172.0
173.0
X
X
173.0
176.5
X
176.5
182.0
X
X
Timothy Wilder
Chief, West Branch
Regulatory Division
U.S. Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans PN 18-18.pdf?ver=2018-05-21-102018-163,,,,,,
1531921,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1531921/public-notice-18-22-file-no-lrn-2018-00197/,,lrn,Nashville District,Blount,,,Public Notice 18-22,Public Notice 18-22; File No. LRN-2018-00197,,2018-06-23,2018-05-24,,,183,,,,"Proposed Discharge of Fill for Road Construction (Robert C. Jackson Drive Extension) Maryville, Blount County, Tennessee
Public Notice 18-22
Nashville District
Application No. LRN-2018-00197
Date:May 23, 2018; Expires: June 23, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Parkway, Suite 250
Lenoir City, Tennessee 37771
SUBJECT: Proposed Discharge of Fill for Road Construction (Robert C. Jackson Drive Extension) Maryville, Blount County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC)
Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: City of Maryville
Attn: Mr. Dale Jayne
400 West Broadway Avenue
Maryville, TN 37801
LOCATION: The proposed project is located between Morganton Road and US Highway 321. The proposed impacts occur in unnamed tributaries and adjacent wetlands of Laurel Bank Branch, Tributary to Pistol Creek Mile 3.0, Little River Mile 9.3L, Maryville, Blount County, Tennessee. The project is located within the Pistol Creek Watershed HUC-12 060102010108.
The project site can be found on the Binfield, Tennessee 7.5 Minute quadrangle map. See Attachment 1.
DESCRIPTION: The applicant proposes to construct a roadway extension of Robert C. Jackson Drive in Maryville. The proposed 1.1 mile road will be constructed in an area connecting Morganton Road and West Lamar Alexander Parkway (US321). The proposed roadway project involves stream and wetland impacts as indicated in Table 1 below.
Feature
Latitude
Longitude
Impact
S1-Laurel Bank Branch-Perennial
35.74660
-84.01662
No Impacts; Span Arch Culvert
S2-Unnamed Tributary of Laurel Bank Branch-Perennial
35.74249
-84.01607
183 linear feet of 54-60-inch reinforced concrete piping with riprap outlet protection
S3-Unnamed Tributary of Laurel Bank Branch- Perennial
35.74103
-84.01525
150 linear feet of 30-inch reinforced concrete piping with riprap outlet protection
W1- Forested
35.74688
-84.01687
Discharge of Fill in 1.7 acres
W2- Forested
35.74608
-84.01674
Discharge of Fill in 1.4 acres
W3-Emergent
35.74134
-84.01534
Discharge of Fill in 0.04 acres
Plans and location maps of the proposed project are provided in this notice. If you wish to view
additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Impacts to waters of the U.S. (WOUS) were avoided as impacts to Laurel Bank Branch were eliminated during the design phase by use of span structure for the stream crossing.
Additionally, all impacts have been minimized to the maximum extent possible for road construction.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for impacts to 333 linear feet of stream channel with restoration of 1,100 linear feet along the left stream bank of Laurel Bank Branch and purchase of 200 stream in-lieu fee credits from Tennessee Stream Mitigation Program. Additionally, the applicant proposes to mitigate for impacts to 2.8 wetland acres with the preservation of 28 wetland acres and the enhancement of 1.6 wetland acres.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of
Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A Phase I Survey was provided and is currently being reviewed. Therefore, an effects determination has not been made. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the consultant, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Oyster mussel (Epioblasma capsaeformis)
Endangered
Fishes
Snail darter (Percina tanasi)
Threatened
Duskytail darter (Etheostoma percnurum)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Spreading avens (Geum radiatum)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before June 23, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2018-00197 and be directed to the Regulatory Branch, Attention: Cara Beverly,
at the above address or email at cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102010,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,http://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN-18-22.pdf?ver=2018-05-25-104608-447,,,,,,
1536881,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1536881/draft-environmental-assessment-for-proposed-update-of-the-center-hill-lake-mast/,,lrn,Nashville District,,,,DRAFT Environmental Assessment for Proposed Update of the Center Hill Lake Master Plan,"DRAFT Environmental Assessment for Proposed Update of the Center Hill Lake Master Plan; Dekalb, Putnam, White and Warren Counties, Tennessee",,2018-07-06,2018-05-31,,,,,,,"The U. S. Army Corps of Engineers Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Center Hill Lake Master Plan. Center Hill Lake was authorized for flood control, hydropower, recreation, water quality and fish/ wildlife management. The Center Hill Dam structure is located near the community of Lancaster, Tennessee and Center Hill Lake extends approximately 64 miles upstream (Caney Fork River) to Great Falls Dam.
The U. S. Army Corps of Engineers Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of a proposed revision to the Center Hill Lake Master Plan. Center Hill Lake was authorized for flood control, hydropower, recreation, water quality and fish/ wildlife management. The Center Hill Dam structure is located near the community of Lancaster, Tennessee and Center Hill Lake extends approximately 64 miles upstream (Caney Fork River) to Great Falls Dam.",,,,,,,,,"https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/7124
https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/7123",,,,,,
1539990,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1539990/draft-environmental-assessment-for-a-slope-failure-design-deficiency-city-of-lo/,,lrn,Nashville District,Harlan,,,The U. S. Army Corps of Engineers,"DRAFT Environmental Assessment for a Slope Failure Design Deficiency, City of Loyall (Harlan County), Kentucky",,2018-07-06,2018-06-04,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of potential actions to stabilize and remediate an unstable slope, which is currently eroding into the Cumberland River Diversion Channel and Cumberland River Mile (CRM) 692.8, on the right descending bank. The proposed slide remediation is located in Harlan County, Kentucky.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of potential actions to stabilize and remediate an unstable slope, which is currently eroding into the Cumberland River Diversion Channel and Cumberland River Mile (CRM) 692.8, on the right descending bank. The proposed slide remediation is located in Harlan County, Kentucky.",,,,,,,,,https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/7127,,,,,,
1550940,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1550940/public-notice-18-23-file-no-lrn-2017-00206/,,lrn,Nashville District,Rutherford,-86.5809,36.0046,Public Notice 18-23,Public Notice 18-23; File No. LRN-2017-00206,,2018-07-15,2018-06-14,,,875,,,,"Proposed discharge of fill material into three wetlands adjacent to an Unnamed Tributary to Finch Branch totaling 0.27 acres and the discharge of fill material into 875 linear feet (0.02 acres) of two Unnamed Tributaries of Finch Branch. The proposed activity is for the construction of a commercial warehouse which is part of a business park in LaVergne, Rutherford County, Tennessee.
Public Notice No. 18-23
Nashville District
Application No. LRN-2017-00206
Date: June 15, 2018;Expires: July 15, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch
3701 Bell Road
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge of fill material into three wetlands adjacent to an Unnamed Tributary to Finch Branch totaling 0.27 acres and the discharge of fill material into 875 linear feet (0.02 acres) of two Unnamed Tributaries of Finch Branch. The proposed activity is for the construction of a commercial warehouse which is part of a business park in LaVergne, Rutherford County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not
be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Mason Road West Holdings, LLC
C/O Mr. Jeff Konleozny
35 Music Square East, Suite 301
Nashville, Tennessee 37206
LOCATION: The project is located east of Mason Road in LaVergne, Rutherford County, Tennessee. The wetlands are adjacent to the Unnamed Tributaries of Finch Branch.
USGS Quadrangle: LaVergne, TN Latitude: 36.0046, Longitude:-86.5809
DESCRIPTION: The applicant has proposed to discharge fill material into three wetlands adjacent to an Unnamed Tributary to Finch Branch totaling 0.27 acres and into 875 linear feet (0.02 acres) of two Unnamed Tributaries of Finch Branch for a total of 0.29 acres of impacts to waters of the United States in order to facilitate the construction of a commercial facility. The deposit of fill material into the three wetlands and the two unnamed tributaries, (ephemeral streams) is affected by the development of the upland portion of the 32.8 acre site. The proposed 322,920 square foot building and supporting infrastructure would encompass 23.5 acres. The regulated activity consists of the discharge of fill material into
0.29 acres of waters of the United States (0.27 acres of wetlands and 0.02 acres of streams).
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the proposed work consists of the development of an approximate 32.8 acre site for a commercial development in a proposed business park in LaVergne, Tennessee.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Based on information submitted in the project application, the applicant would avoid 350 linear feet of an Unnamed Tributary to Finch Branch and 0.34 acres of wetlands.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The
applicant has proposed to purchase credits from the Kentucky Department of Fish and Wildlife Resources Stream and Wetland Mitigation Program and Swamp Road Mitigation Bank #1 to compensate for the loss of ephemeral streams and wetlands.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The USACE has reviewed a cultural resource survey report provided by the applicant. Portions of the survey area were previously disturbed, and other parts are on slopes steeper than that typically containing intact archaeological sites. No shovel tests were positive for artifacts and no sites were identified during the survey. A review of historic resources within the permit area as well as a limited area surrounding it was conducted by USACE. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites
responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will continue to consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated
critical habitat. Initial coordination with the USFWS indicates the presence of several federally listed endangered species in the vicinity of the action area. A review of the USFWS website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed action:
Scientific Name
Common Name
Federal Status
Orconectes shoupi
Nashville crayfish
Endangered
Plethobasus cooperianus
Orangefoot pimpleback
Endangered
Epioblasma torulosa torulosa
Tubercled blossom
Endangered
Taxolasma cylindrellus
Pale lilliput
Endangered
Quadrula intermedia
Cumberland monkeyface
Endangered
Lemiox rimosus
Birdwing pearlymussel
Endangered
Pegias fabula
Littlewing pearlymussel
Endangered
Villosa fabalis
Rayed Bean
Endangered
Epioblasma capsaeformis
Oyster mussel
Endangered
Epioblasma florentina walkeri (=E walker)
Tan riffleshell
Endangered
Lexingtonia dolabelloides
Slabside Pearlymussel
Endangered
Epioblasma brevidens
Cumberlandian combshell
Endangered
Pleurobema gibberum
Cumberland pigtoe
Endangered
Epioblasma triquetra
Snuffbox mussel
Endangered
Quadrula cylindrical cylindrical
Rabbitsfoot
Threatened
Ptychobranchus subtentum
Fluted kidneyshell
Endangered
Physaria globosa
Short's bladderpod
Endangered
Dalea foliosa
Leafy prairie-clover
Endangered
Arabis perstellata
Braun's rock-cress
Endangered
Astragalus bibullatus
Guthrie's (=Pyne's) ground-plum
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE
will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before July 15, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-23 Plans.pdf?ver=2018-06-14-152718-560,,,,,,
1557932,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1557932/corps-seeks-public-comment-for-draft-duck-river-watershed-plan/,,lrn,Nashville District,,,,The US Army Corps of Engineers (Corps),Corps seeks public comment for draft Duck River Watershed Plan,,2018-07-27,2018-06-22,,,,,,,"The US Army Corps of Engineers (Corps), Nashville District is seeking public comments of the DRAFT Duck River Watershed Plan. The watershed plan provides a comprehensive and holistic inventory of the natural and human resource needs within the watershed and proposes a set of recommendations related to water quality, ecosystem degradation, flood risk management, water supply and land use change.
The US Army Corps of Engineers (Corps), Nashville District is seeking public comments of the DRAFT Duck River Watershed Plan. The watershed plan provides a comprehensive and holistic inventory of the natural and human resource needs within the watershed and proposes a set of recommendations related to water quality, ecosystem degradation, flood risk management, water supply and land use change.",,,,,,,,,https://cdm16021.contentdm.oclc.org/digital/collection/p16021coll7/id/7263,,,,,,
1567865,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1567865/public-notice-no-18-28-file-no-lrn-2018-00503/,,lrn,Nashville District,Macon,0.0,37.0,Public Notice No. 18-28,Public Notice No. 18-28; File No LRN-2018-00503,,2018-08-05,2018-07-05,,,37000,,,,"This notice announces a prospectus has been submitted for the development of the Stitches Stream Mitigation Project pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-28
Nashville District
Application No. LRN-2018-00503
Date: July 5, 2018; Expires: August 5, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Stitches Stream Mitigation Project pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Tennessee Stream Mitigation Program
5000 Linbar Drive, Suite 275
Nashville, Tennessee 37211
LOCATION: The proposed stream mitigation project encompasses 102 acres that is located 4.3 miles northeast of Red Boiling Springs (approximately 1.5 miles from Kentucky/Tennessee state line) in Macon County, Tennessee (Latitude N 36.597756, Longitude W -85.806990). The proposed mitigation
project would incorporate approximately 7 miles (37,000 +/- linear feet) of intermittent and perennial stream channels along several unnamed tributaries to East Fork Barren River, which is a major tributary of the Barren River.
PURPOSE: The Stitches Stream Mitigation Plan is proposed to provide compensatory stream mitigation for permitted impacts within the East Lower Cumberland Service Area in accordance with TSMP’s approved In-Lieu Fee (ILF) Instrument.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the mitigation site. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the ILF program
through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (CWA) and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The existing streams are degraded due to channelization, impoundment, channel modifications, and habitat alterations are present throughout the site. Prior land uses included unrestricted cattle access and agricultural/farming activities. None of the stream reaches in the proposed area have been assessed by TDEC. The principal tributary in the proposed project area drains into Line Creek, downstream of the project boundaries. The overall goal of the mitigation bank is to restore, to the greatest extent possible, the ecological function of the highly degraded aquatic resources within the mitigation bank site. The proposed project would consist of the rehabilitation, re-establishment, enhancement, and riparian buffer planting of approximately 37,000
linear feet of unnamed tributaries to Line Creek utilizing natural channel design techniques to provide a functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physiochemical, and biological characteristics. Project goals include: (1) re-establishment of headwater streams on destroyed channels, 2) headwater stream restoration, 3) headwater stream enhancement and 4) headwater stream preservation. Of the approximately 37,000 linear feet in the project area, 6,942 linear feet would be reestablished, 20,805 linear feet would be restored, 6,848 linear feet would be restored, and 2,848 linear feet would be preserved. Details are contained in the Stitches Stream Mitigation Project Prospectus dated June 22, 2018.
The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the ILF program.
HISTORIC AND CULTURAL RESOURCES: A review of the Tennessee Historical Commission Web Service Database indicated no publicly visible sites were found to occur on the project site. A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I environmental assessment was conducted for the project area (report dated 29-Jan-2018). The Phase I assessment determined that there were no recognized hazardous environmental conditions found in the project area. The Corps invites responses to this public notice from American Indian tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Through examination of the site plan, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Macon County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
Freshwater Mussels
Spectaclecase (Cumberlandia monodonta)
Endangered
Dromedary pearlymussel (Dromus dromus)
Endangered
Cumberlandian combshell (Epioblasma brevidens)
Endangered
Yellow blossom (Epioblasma florentina florentina)
Endangered
Tubercled blossom (Epioblasma torulosa torulosa)
Endangered
Pink mucket (Lampsilis abrupta)
Endangered
Ring pink (Obovaria retusa)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
White wartyback (Plethobasus cicatricosis)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Appalachian monkeyface (Quadrula sparsa)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN-18-28.pdf?ver=2018-07-05-154000-220,,,,,,
1571495,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1571495/public-notice-no-18-30-file-no-lrn-2018-00155/,,lrn,Nashville District,Rockcastle,-84.3306,37.3749,Public Notice No. 18-30,Public Notice No. 18-30; File No. LRN-2018-00155,,2018-08-08,2018-07-11,,,1863,,,,"Proposed discharge of fill material into 1,863 linear feet (0.19 ac) of unnamed tributaries of Renfro Creek. The proposed activity is for the construction of a commercial facility in Rockcastle County, Kentucky.
Public Notice No. 18-30
Nashville District
Application No. LRN-2018-00155
Date: July 9, 2017; Expires: August 8, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch, 3701 Bell Road, Nashville, TN 37214
Attn: Christina J. Ashley
SUBJECT: Proposed discharge of fill material into 1,863 linear feet (0.19 ac) of unnamed tributaries of Renfro Creek. The proposed activity is for the construction of a commercial facility in Rockcastle County, Kentucky.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the Commonwealthof Kentucky, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not
be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: ATS Construction
C/O Mr. Brian Billings
3009 Atkinson Avenue, Suite 400
Lexington, Kentucky 40509
LOCATION: The project is located on Cumberland Lake Parkway (also known as Richmond Street and HWY 431), just South of the I-75 interchange, in Mt. Vernon, Rockcastle County, Kentucky. The streams are Unnamed tributaries to Renfro Creek.
USGS Quadrangle: Mt. Vernon, Kentucky Latitude: 37.3749, Longitude:-84.3306
DESCRIPTION: The applicant has proposed to discharge fill material into three stream branches totaling 1,863 linear feet (732 linear feet perennial; 1,106 linear feet intermittent; and 25 linear feet ephemeral) of Unnamed Tributaries to Renfro Creek in order to facilitate construction of strip mall commercial development on a 16.38 acre site.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: According to the applicant the proposed work consists of the development of an approximate 16.38 acre site for a strip mall commercial development in a proposed business park in Mt. Vernon, Rockcastle County, Kentucky.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
The applicant states the proposed project “has [been] designed to avoid and minimize adverse effects on the aquatic environment to the maximum extent feasible. Many different alternatives were considered in the planning of this operation; however, the construction plan proposed is the optimal plan in terms of cost-effectiveness and minimization of adverse environmental impacts.”
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The
applicant has proposed to purchase mitigation credits to compensate for the loss of 1,863 linear feet of stream.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as a limited area surrounding the project was conducted by USACE. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project. This
public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and
other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will continue to consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated
critical habitat. Initial coordination with the USFWS indicates the potential presence of several federally listed endangered species in the vicinity of the action area. A review of the USFWS website http://usfws.gov identified federally-listed species that are known or believed to occur in Rockcastle County, Kentucky; the USFWS website http://ecos.fws.gov/ipac identified federally-listed species that are known or believed to occur in the vicinity of the proposed action; a complete list of these federally-listed species are listed below:
Scientific Name
Common Name
Federal Status
Pegias fabula
Littlewing pearlymussel
Endangered
Epioblasma florentina walkeri (=E walkeri)
Tan riffleshell
Endangered
Epioblasma brevidens
Cumberlandian combshell
Endangered
Alasmidonta atropurpurea
Cumberland elktoe
Endangered
Vilosa trabalis
Cumberland bean
Endangered
Ptychobranchus subtentum
Fluted kidneyshell
Endangered
Epioblasma capasaeformis
Oyster mussel
Endangered
Epioblasma triquerta
Snuffbox mussel
Endangered
Quadrula cylindrica cylindrica
Rabbitsfoot
Threatened
Phoxinus cumberlandensis
Blackside dace
Threatened
Virginia spiraea
Spiraea virginiana
Threatened
Corynorhinus townsendii
Virginia big-eared bat
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern long-eared Bat
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before August 8, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Christina J. Ashley, at the above address, telephone 615-369-7514.
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-30.pdf?ver=2018-07-11-085219-690,,,,,,
1578007,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1578007/public-notice-no-18-31-file-no-lrn-2018-00306/,,lrn,Nashville District,Grainger,-234.0,27.0,Public Notice No. 18-31,Public Notice No. 18-31; File No. LRN-2018-00306,,2018-08-17,2018-07-18,,,27234,,,,"This notice announces a prospectus has been submitted for the development of the Flat Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-31
Nashville District
Application No. LRN-2018-00306
Date: July 17, 2018; Expires: August 17, 2018
Please address all comments to: Nashville District Corps of Engineers, Regulatory Division
1301 Riverfront Parkway, Suite 206, Chattanooga,
Tennessee 37402
SUBJECT: This notice announces a prospectus has been submitted for the development of the Flat Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Cumberland Gap Mitigation Group, LLC.
Attention: Mr. Case Davis
225 W 1st North Street, Suite 204
Morristown, Tennessee 37814
LOCATION: The proposed stream mitigation bank encompasses 502 acres, owned by the sponsor, and adjacent to TN-131 S. The property is located approximately 3 miles southwest of the town of Washburn in Grainger County, Tennessee (Latitude 36.265957 °N, -83.631642 °W). The proposed
mitigation bank would incorporate approximately 5 miles (27,234 ± linear feet) of ephemeral, intermittent and perennial stream channels along several unnamed tributaries to Flat Creek, which is a major tributary to the Holston River.
PURPOSE: The Flat Creek Stream Mitigation Bank is proposed to provide compensatory stream mitigation for permitted impacts within the primary service area of the Holston River Watershed (HUC 06010104). The Bank’s proposed secondary service areas include the Powell Watershed (HUC 06010207), Watts Bar Lake Watershed (HUC 06010201), and Lower French Broad Watershed (HUC 06010107).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor
would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: There is currently 27,234 linear feet of existing streams within the proposed project area, which are degraded due to channelization and channel modifications, and habitat alterations. Prior land uses include unrestricted cattle access, agricultural/farming activities, and historical logging practices. The overall goal of the mitigation bank is to increase, preserve, and permanently protect the ecological functions and services of the streams on the
site, as well as to create stable riverine wetlands that function to slow overland flow to the streams and provide a persistent water supply. The proposed project would consist of the preservation, enhancement, and restoration of 27,234 linear feet of unnamed tributaries to Flat Creek. Functional lift will be monitored by assessing hydrology, hydraulics, geomorphology, physicochemical, and biological parameters. Of the 27,234 linear feet, 9,871 linear feet would be enhanced, 10,237 linear feet would be restored, and 7,126 linear feet would be preserved.
Details are contained in the Flat Creek Stream Mitigation Bank Prospectus dated July 9, 2018.
To view the prospectus please email Aric Payne: aric.j.payne@usace.army.mil. Information in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in
the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design
plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Grainger County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern Long-eared bat (Myotis septentrionalis)
Threatened
Fish
Duskytail darter (Etheostoma percnurum)
Experimental, Non-Essential
Pygmy madtom (Noturus stanauli)
Experimental, Non-Essential
Snail darter (Percina tanasi)
Threatened
Spotfin chub (Erimonax monachus)
Experimental, Non-Essential
Mussels
Appalachian monkeyface (Quadrula sparsa)
Experimental, Non-Essential
Cracking pearlymussel (Hemistena lata)
Experimental, Non-Essential
Cumberland bean (pearlymussel) (Villosa trabalis)
Endangered
Cumberlandian combshell (Epioblasma brevidens)
Experimental, Non-Essential
Dromedary pearlymussel (Dromus dromas)
Endangered
Fanshell (Cyprogenia stegaria)
Experimental, Non-Essential
Finerayed pigtoe (Fusconaia cuneolus)
Experimental, Non-Essential
Orangefoot pimpleback (Plethobasus cooperianus)
Experimental, Non-Essential
Oyster mussel (Epioblasma capsaeformis)
Experimental, Non-Essential
Pink mucket (pearlymussel) (Lampsilis abrupta)
Endangered
Ring pink (mussel) (Obovaria retusa)
Experimental, Non-Essential
Rough pigtoe (Pleurobema plenum)
Experimental, Non-Essential
Sheepnose mussel (Plethobasus cyphyus)
Endangered
Shiny pigtoe (Fusconaia cor)
Experimental, Non-Essential
Spectaclecase (Cumberlandia monodonta)
Endangered
Turgid blossom (Epioblasma turgidula)
Endangered
White wartyback (Plethobasus cicatricosus)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Aric J. Payne at the above address or by email: aric.j.payne@usace.army.mil.
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010104, 06010107, 06010201, 06010207",,,,,Aric J Payne,aric.j.payne@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-31.pdf?ver=2018-07-18-115850-703,,,,,,
1579118,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1579118/public-notice-no-18-29-file-no-lrn-2016-01017/,,lrn,Nashville District,Madison,-86.75666,34.73177,Public Notice No. 18-29,Public Notice No. 18-29; File No. LRN-2016-01017,,2018-08-18,2018-07-19,,,1299,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Development of Phase 8 of Crown Pointe Residential Development in Madison, Madison County, Alabama
Public Notice No. 18-29
Nashville District
Application No. LRN-2016-01017
Date: July 19, 2018; Expires: August 18, 2018
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Development of Phase 8 of Crown Pointe Residential Development in Madison, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Jeff Benton Homes
Attn: Mr. Jeff Benton
809 Shoney Drive
Huntsville, Alabama 35801
LOCATION: The project is located immediately east of the existing Crown Pointe development, north of Gillespie Road in Madison, Madison County, Alabama. Within the project site is an unnamed tributary of Bradford Creek and adjacent wetlands, tributaries of the Tennessee River Mile 321.0, Right Bank. The project site may be found on the Greenbrier, AL
7.5 Minute USGS Quadrangle Map (Latitude 34.73177°N; Longitude 86.75666°W). (HUC 060300020504, Barren Fork Creek).
EXISTING CONDITIONS: The project area consists of approximately 23 acres of mostly undeveloped forested land. A city-owned sanitary sewer line exists through the project site, north of an unnamed tributary. The forest composition is mostly second-growth with Chinese privet present. The property includes one ephemeral stream and 8.54 acres of forested wetland.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to permanently discharge fill material into 2.04 acres of wetlands adjacent to an unnamed tributary of Bradford Creek.
The proposed discharge of fill would facilitate the construction of single-family residential building lots and two associated streets. The development is a new phase (Phase 8) of the existing development known as Crown Pointe.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To provide housing in the Madison, Alabama area. The proposed project is not water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information provided in the project application, the applicant would avoid 6.5 acres of wetland and 1,299 linear feet of ephemeral stream.
COMPENSATORY MITIGATION: The applicant proposes permittee-responsible compensatory mitigation to offset the proposed impacts to 2.04 wetland acres through the restoration of 4.08 wetland acres at property abutting the existing Flint River Mitigation Bank located in Madison County, Alabama. The mitigation site is currently used for crop production but is proposed to be restored to a forested wetland.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the
other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as a limited area surrounding it was conducted by the Corps. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project.
This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. The Corps would consider any substantive comments to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the
Endangered Species Act): A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on July 5, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern
Long-eared bat (Myotis septentrionalis) (T)
• CRUSTACEANS: ALABAMA CAVE SHRIMP (Palaemonias alabamae) (E)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, telephone (256) 350-5620, or email at William.e.sinclair@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, WestBranch
Regulatory Division
U.S. Army Corps of Engineers",60300020,,,,,William E Sinclair,William.e.sinclair@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-29.PDF?ver=2018-07-19-112708-797,,,,,,
1593314,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1593314/public-notice-no-18-17-file-no-lrn-2018-00131/,,lrn,Nashville District,Bledsoe,0.0,4.0,Public Notice No. 18-17,Public Notice No. 18-17; File No. LRN-2018-00131,,2018-09-06,2018-08-03,,,13698,,,,"This notice announces that a prospectus has been submitted by the Tennessee Department of Transportation (TDOT) for the establishment, operation, and maintenance of the Bledsoe Correctional Complex (BCCX) Mitigation Bank. These documents have been submitted pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
Public Notice No. 18-17
Nashville District
Application No. LRN-2018-00131
Date: August 6, 2018;Expires: September 6, 2018
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road,
Nashville, TN 37214-2660
SUBJECT: This notice announces that a prospectus has been submitted by the Tennessee Department of Transportation (TDOT) for the establishment, operation, and maintenance of the Bledsoe Correctional Complex (BCCX) Mitigation Bank. These documents have been submitted pursuant to 33 CFR 332,
Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008.
BANK SPONSOR: Tennessee Department of Transportation (TDOT)
Environmental Division Attention: Mr. Ben Brown
James K. Polk Building, Suite 900 505 Deaderick Street
Nashville, Tennessee 37243
LOCATION: The proposed Bledsoe Correctional Complex (BCCX) Mitigation Bank site is located on Tennessee Department of Corrections (TDOC) property on both the north and south side of Highway 285 (Glade Creek Road) near Pikeville, Bledsoe County, Tennessee. The project site lies within the
Cumberland Plateau Ecoregion (68a), and the HUC8 watershed is 05130108 (Caney Fork River). Project coordinates are approximately 35.7524, -85.2507. The proposed BCCX Mitigation Bank would include the restoration and/or enhancement of nine streams totaling approximately 13,698 linear feet,
including Mill Creek and unnamed tributaries to Mill Creek, Bee Creek, and Glade Creek.
PURPOSE: The BCCX Mitigation Bank is proposed to provide compensatory mitigation for unavoidable adverse impacts on state and federally regulated waters, as required, for TDOT activities authorized under Sections 401 and/or 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The BCCX Mitigation Bank would be for TDOT use only.
The proposed geographic service area for the BCCX Stream Mitigation Bank includes the Caney Fork River HUC8 watershed (05130108) as well as adjacent HUC8 watersheds that are within the same major river drainage (Cumberland River). These include the Obey (05130105), Upper Cumberland‐Cordell Hull
Reservoir (05130106), Collins (05130107), Stones (05130203) and Lower Cumberland‐Old Hickory Lake (05130201). The proposed service area will cover approximately 6,250 square miles (4,000,000 acres).
Project goals include: 1) improving the transport of water in the channels, on the floodplains, and through sediments and 2) improving the transport of wood and sediment to create diverse bed forms and dynamic equilibrium within the channels.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private mitigation bank, to be utilized exclusively by TDOT to offset impacts from highway projects. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the U.S. Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation.
PROJECT DESCRIPTION: The BCCX Mitigation Bank includes the restoration and/or enhancement of nine streams, including Mill Creek and unnamed tributaries to Mill Creek, Bee Creek, and Glade Creek. The total restoration area, including vegetative buffers, would total approximately 47 acres. Recent and historical land use disturbances have caused widespread stream degradation across the project site. Streams adjacent to agricultural fields have been straightened, channelized, and moved from their historic position. Other streams onsite have destabilized due to anthropogenic disturbances in the watershed associated with agriculture and development of the prison. These changes have led to incision and entrenchment of the streams. Other stressors include direct cattle access and effluent from the facility’s wastewater treatment plant discharging into Mill Creek. The project goals and objectives will address these impairments to the project streams.
The overall goal of the BCCX Mitigation Bank is to restore, to the greatest extent possible, the ecological function of the degraded aquatic resources within the mitigation bank site. The proposed project would consist of the restoration, re-establishment, enhancement, and riparian buffer planting of approximately 13,698 linear feet of stream channel, utilizing natural channel design techniques to provide a functional lift capable of restoring natural channel hydrology,
hydraulic, and geomorphic characteristics. Function-based goals include: (1) restoring floodplain connectivity, (2) restoring natural channel geomorphology and sediment transport, (3) providing large woody debris in the channels, (4) improving bed form diversity, (5) improving lateral stability, and (6) improving riparian vegetation buffer width and protection.
Of the 13,698 linear feet proposed for improvements, the proposal includes 11,565 linear feet of restoration, 1,355 linear feet of re-establishment, and 778 linear feet of enhancement. Details are contained in the BCCX Mitigation Bank Prospectus dated July 2018.TheProspectus and the Prospectus Appendix can be view here, Prospectus and Prospectus Appendix. Information in the prospectus would serve as the basis for establishing the mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and
operated.
HISTORIC AND CULTURAL RESOURCES: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead federal agency for complying with Section 106 of the NHPA. At this early stage in the design process, TDOT has not provided this documentation to USACE. The
USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to historic and cultural resources for Section 106 compliance. If TDOT determines that consultation is required, TDOT would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. TDOT is required to submit all applicable
Section 106 documentation to USACE prior to final permit decision.
ENDANGERED/THREATENED SPECIES REVIEW: TDOT, acting on behalf of the Federal Highway Administration (FHWA), has been identified as the lead federal agency for conducting environmental review under Section 7 of the ESA. At this early stage in the design process, TDOT has not provided this
documentation to USACE. A copy of this notice is being furnished to USFWS for their review. Any substantive comments from this public notice will be provided to TDOT, for consideration of potential effects to proposed and/or listed species and their designated critical habitat, and to initiate consultation with the U.S. Fish & Wildlife Service, if required. TDOT is required to submit all applicable Section 7 documentation to USACE prior to final permit decision.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Transportation Program Manager, at the above address, by phone at 615-369-7500, or by email: william.e.worrall@usace.army.mil.
\\SIGNED\\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","05130105, 05130106, 05130107, 05130108, 05130201, 05130203",,,,,William E Worrall,william.e.worrall@usace.army.mil,,,,,,,,
1598154,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1598154/public-notice-no18-26-file-no-lrn-2018-00469/,,lrn,Nashville District,Campbell,,,Public Notice No.18-26,Public Notice No.18-26; File No. LRN-2018-00469,,2018-09-06,2018-08-09,,,,,,,"Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee
Public Notice No.18-26
Nashville District
Application No. LRN-2018-00469
Date: August 6, 2018; Expires: September 6, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT(S): Robert L. Woodson III
P.O. Box 1468
La Follette, TN 37766
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within Deerfield Resort on Norris Reservoir, Powell River Mile 8.0R, Campbell County, Tennessee. The project is located on Norris Reservoir within the Cedar Creek 060102060408 HUC-12 watershed. The project site can be found on the Demory and White Hollow, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct a commercial marina consisting of approximately 70 boat slips. The proposal includes the construction of two floating, covered structures measuring 380ft x 68ft and includes 35 individual slips. The structures will be constructed of galvanized steel with metal roofing and treated wood walkways. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Impacts to Norris Reservoir were minimized during the design phase as minimal impacts are expected with the floating structures.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and recretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE
to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on
information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS)
website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following
federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Pink mucket (Lampsilis abrupta)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Fishes
Snail darter (Percina tanasi)
Threatened
Spotfin Chub ((Erimonax monachus)
Laurel dace (Chrosomus saylori)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before September 6, 2018, will become a part of the record and will be considered in the determination. Any
response to this notice should reference LRN-2018-00469 and be directed to the East Regulatory Branch, Attention: Cara Beverly, at the above address or email at
cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
US Army Corps of Engineers",60102060,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-26 plans.pdf?ver=2018-08-10-110222-723,,,,,,
1599475,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1599475/public-notice-no-18-35-file-no-lrn-2018-00571/,,lrn,Nashville District,Bradley,,,Public Notice No. 18-35,Public Notice No. 18-35; File No. LRN-2018-00571,,2018-09-09,2018-08-10,,,21851,,,,"This notice announces a Prospectus that has been submitted for the development of the South Mouse Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-35
Nashville District
Application No. LRN-2018-00571
Date: August 10, 2018; Expires: September 9, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the South Mouse Creek Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Wright Brothers Construction Company, LLC & CS Foundation, Inc.
ATTN: Jeff Duke - CEC, Inc.
325 Seaboard Ln, Ste. 170
Franklin, TN 37067
LOCATION: The proposed mitigation bank is located on a 99-acre farm in Charleston, Bradley County, Tennessee (Latitude N 35.276746, Longitude W -84.791408). The proposed mitigation bank would rehabilitate 21,851 linear feet of South Mouse Creek and unnamed tributaries to South Mouse Creek,
and restore and create 20.76 acres of wetlands adjacent to South Mouse Creek.
PURPOSE: The South Mouse Creek Stream and Wetland Mitigation Bank proposes to provide compensatory stream and wetland mitigation credits for permitted impacts within a primary service area comprised of the Hiwassee Watershed (HUC 06020002). The Bank’s proposed secondary service area includes the portions of the Middle Tennessee-Chickamauga (HUC 06020001), Watts Bar Lake (HUC 06010201), Ocoee (HUC 06020003), Conasauga (HUC 03150101), and Lower Little Tennessee (HUC 06010204) watersheds within the Level III Ecoregion 67 – Ridge and Valley within the State of Tennessee.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and
use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: The project goals are to improve ecological functions within the ecosystem by creating a healthy and self-sustaining aquatic environment through rehabilitation of 21,851 linear feet of South Mouse Creek and tributaries to South Mouse Creek, and restoration and creation of 20.76 acres of wetlands adjacent to South Mouse Creek. Stream functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion, improvement to aquatic and terrestrial habitat, and improvement to riparian stream buffers.
Wetland functional uplift will be provided through restoration of wetland hydrology and improvement to aquatic habitat. The proposed stream mitigation approach involves a combination of re-establishment of 1,427 linear feet of new stream channel, restoration of 6,628 linear feet of existing stream channel, and enhancement of 13,796 linear feet of existing stream channel. The proposed wetland mitigation approach involves a combination of restoration of 9.86 acres of existing wetland and creation of 10.90 acres of wetland.
Details of the mitigation plan are contained in the South Mouse Creek Mitigation Bank Prospectus dated July 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to
determine the potential to effect historic and cultural resources in compliance with Section 106 of the National Historic Preservation Act. If USACE determines that consultation is required, consultation with the Tennessee Historic Commission State Historic Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in Bradley County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Clams
Cumberland Bean (pearlymussel) (Villosa trabalis)
Endangered
Fishes
Snail Darter (Percina tanasi)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","03150101, 06010201, 06010204, 06020001, 06020002, 06020003",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-35.pdf?ver=2018-08-10-153235-060,,,,,,
1603671,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1603671/public-notice-no-18-32/,,lrn,Nashville District,,,,Public Notice No. 18-32,Public Notice No. 18-32,,,2018-08-15,,,,,,,"ISSUANCE OF PROGRAMMATIC GENERAL PERMIT 18-PGP-01 AUTHORIZING MINOR STRUCTURES, FILL AND WORK IN TENNESSEE VALEY AUTHORITY RESERVOIRS WITHIN THE STATES OF ALABAMA, KENTUCKY, MISSISSIPPI, TENNESSEE & VIRGINIA
Public Notice No. 18-32
Nashville District
Date: August 15, 2018
Please address all comments to:Nashville District Corps of Engineers
Regulatory Division (Attn: Aurora Scott),
3701 Bell Road, Nashville, TN 37214
ISSUANCE OF PROGRAMMATIC GENERAL PERMIT 18-PGP-01 AUTHORIZING MINOR STRUCTURES, FILL AND WORK IN TENNESSEE VALEY AUTHORITY RESERVOIRS
WITHIN THE STATES OF ALABAMA, KENTUCKY, MISSISSIPPI, TENNESSEE & VIRGINIA
CORRECTION NOTICE: This updated public notice for 18-PGP-01 removes Chickamauga Lake from table 1.3, “Reservoir Locations That Do Not Require PCN.” For a list or reservoir locations that require pre-construction notification, see Table 1.2 in the attached 18-PGP-01 permit document.
TO ALL CONCERNED: The Nashville District, U.S. Army Corps of Engineers (Corps) has issued Programmatic General Permit 18-01 (18-PGP-01) for a period of five (5) years to authorize minor structures, fill and work in Tennessee Valley Authority (TVA) reservoirs within the States of Alabama, Mississippi and Tennessee and the Commonwealths of Kentucky and Virginia.
Programmatic general permits are issued by the Corps to avoid unnecessary duplication of regulatory control over activities regulated by another Federal, state or local agency. Activities authorized by 18-PGP-01 cause only minimal individual and cumulative environmental impacts (33 C.F.R. §§ 322.2(f)(2), 323.2(h)(2) and 325.2(e)(2)). Work authorized under 18-PGP-01 would be performed in the locations referred to in Table 1.1:
Table 1.1
TVA manages shoreline construction activities along or in these reservoirs under Section 26a of the TVA Act (16 U.S.C. §§ 831, et seq., as amended). Prior toconducting work under the
authority of 18-PGP-01, a Section 26a permit must be issued by TVA. For actions that do not require pre-construction notification to the Corps, when TVA completes review of a proposal and issues a Section 26a permit for a structure, fill or work listed in 18-PGP-01, the activity is thereby
verified by the Corps to be authorized by 18-PGP-01. Neither the permittee nor TVA are
required to coordinate further with the Corps to confirm that activities authorized by a TVA 26a permit that do not require pre-construction notification to the Corps are also authorized by the Corps pursuant to 18-PGP-01.
General Permits may be issued for a category or categories of activities when: (1) those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or (2) the General Permit would result in avoiding unnecessary duplication of the regulatory control exercised by another Federal, State, or local agency, provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal. The final decision regarding a determination that the
proposed activity complies with the requirements for issuance of General Permits was made in the Environmental Assessment for the issuance of 18-PGP-01. The Environmental Assessment for
18-PGP-01 is available for inspection at the offices of the Nashville District's Regulatory Division at 3701 Bell Road, Nashville, Tennessee 37214.
Tammy R. Turley
Chief, Regulatory Division
U.S. Army Corps of Engineers
Enclosure – 18-PGP-01
TVA Managed Reservoir Locations
Beech River Projects
Guntersville Lake
Tellico Lake
Boone Lake
Kentucky Lake
Tims Ford Lake
Cedar Creek Lake
Little Bear Creek Lake
Upper Bear Creek Lake
Cherokee Lake
Melton Hill Lake
Watauga Lake
Chickamauga Lake
Nickajack Lake
Watts Bar Lake
Douglas Lake
Norris Lake
Wheeler Lake
Ft. Loudoun Lake
Pickwick Lake
Wilson Lake
Ft. Patrick Henry Lake
South Holston Lake",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-32 (18-PGP-01).pdf?ver=2018-08-15-173739-950,,,,,,
1611638,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1611638/public-notice-no-18-36-file-no-lrn-2015-00386/,,lrn,Nashville District,Madison,-86.76423,34.63165,Public Notice No. 18-36,Public Notice No. 18-36; File No. LRN-2015-00386,,2018-09-26,2018-08-24,,,1842,,,,"Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Extension and Widening of Taxiway C to a Full-Length Taxiway at the Huntsville International Airport in Huntsville, Madison County, Alabama
Public Notice No. 18-36
Nashville District
Application No. LRN-2015-00386
Date: August 27, 2018; September 26, 2018
Please address all comments to:
Nashville District Corps of Engineers, Western Regulatory Field Office
2424 Danville Road SW, Suite N, Decatur, AL 35603
Attn: William E. Sinclair
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
STATE OF ALABAMA
SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. Associated with the Extension and Widening of Taxiway C to a Full-Length Taxiway at the Huntsville International Airport in Huntsville, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the State of Alabama, pursuant to Section 401 (a)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Huntsville Madison County Airport Authority Director of Engineering & Facilities
Attn: Mr. Stan Hogan
1000 Glenn Hearn Boulevard, Box 20008
Huntsville, Alabama 35824-0008
LEAD FEDERAL AGENCY: The Federal Aviation Administration (FAA) is considered the lead federal agency for the coordination and conduct of environmental reviews under the National Environmental Policy Act (NEPA). On August 18, 2015, FAA determined the proposed project would have no
significant impact on the human environment. The Finding of No Significant Impact (FONSI) was based on their Environmental Assessment (EA). The Corps is evaluating the FAA EA; however, a separate decision document would be prepared prior to a final decision concerning issuance or denial of the
requested DA permit. Comments received would be used in the preparation of any supplemental EA and/or an Environmental Impact Statement, if required, pursuant to NEPA prior to a final decision concerning issuance or denial of the DA permit.
LOCATION: The project is located on the southeast portion of the existing Huntsville International Airport, immediately south of the existing Taxiway C terminus, west of Wall Triana Highway in Huntsville, Madison County, Alabama. Within the project site is an unnamed tributary of Barren Fork Creek and adjacent wetlands, tributaries of the Tennessee River Mile 321.0, Right Bank. The project site may be found on the Greenbrier, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.63165°N; Longitude 86.76423°W). (HUC 060300020504, Barren Fork Creek).
EXISTING CONDITIONS: The project area consists of approximately 64.25 acres of mowed area, owned and maintained by the airport. Aquatic resources within the project area include 1,842 linear feet of previously channelized intermittent stream, 1.01 acres of herbaceous wetland abutting the
stream, and 2.16 acres of forested wetlands adjacent the stream.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to permanently discharge fill material into 1,842 linear feet of intermittent stream and 1.01 acre of herbaceous wetlands abutting the stream, an unnamed tributary of Barren Fork Creek. 1,339 linear feet of the stream fill is for the construction of a 10’ x 8’ concrete box culvert located under the proposed Taxiway C, 468 linear feet is for the realignment and grading of the channel for long-term maintenance purposes, and 35 linear feet is for the construction of culvert to allow for the construction of a security fence along the eastern perimeter of the airport. The wetland fill is necessary for the construction of Taxiway C and the realignment and grading of the stream. The proposed discharge of fill would
facilitate the extension and widening of Taxiway C to a full-length taxiway at the Huntsville International Airport.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: To increase public safety by reducing back taxi operations on the runway. The proposed project is not water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, the applicant would avoid 2.16 acres of forested wetland.
COMPENSATORY MITIGATION: The applicant proposes to offset the proposed impacts to 1.01 wetland acres through the purchase of 2.02 wetland credits from the Robinson Spring Mitigation Bank located in Jackson County, Alabama and impacts to 1,842 linear feet of stream through the purchase of 1,105 stream credits from the Flint River Mitigation Bank located in Madison, County, Alabama. The applicant used the Unified Stream Methodology (USM) to assess aquatic resources present within the project and calculate credits required to off-set the project stream impacts.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The FAA FONSI documented no sites determined to be historically significant or eligible for inclusion in the National Register of Historic Places (NRHP) present within the project area. The FAA EA found that the entire project area has been previously disturbed. By letter dated April 30, 2015, (AHC 15-0796), the State of Alabama Historical Commission concurred with the FAA’s determination that the project activities will have no effect on any cultural resources listed on or eligible for the NRHP.
The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and areas of cultural significance at or near the project area. The Corps would consider any substantive comments to determine the potential of impacts of the project to historic properties and would
initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): On behalf of the FAA, an agent of the airport submitted a letter to the U.S. Fish and Wildlife Service (USFWS) detailing the proposed Taxiway C project. USFWS replied to the letter (2015-TA-0480) on April 16, 2015, stating that “no federally listed species/critical habitat are known to occur in the project area”. A review of U.S. Fish and Wildlife’s Information
for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on August 14, 2018 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location:
• MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-eared bat (Myotis septentrionalis) (T)
• CRUSTACEANS: ALABAMA CAVE SHRIMP (Palaemonias alabamae) (E)
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work is as follows:
• Water Quality Certification from Alabama Department of Environmental Management (ADEM) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Western Regulatory Field Office, Attention: William E. Sinclair at the above address, telephone (256) 350-5620, or email at william.e.sinclair@usace.army.mil
If you received this notice by mail and wish to view all of the diagrams, visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Sinclair at the above address or telephone number, or email.
/s/
Timothy C. Wilder
Chief, WestBranch
Regulatory Division
U.S. Army Corps of Engineers",60300020,,,,,William E Sinclair,william.e.sinclair@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-36.pdf?ver=2018-08-24-102917-057,,,,,,
1614954,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1614954/public-notice-no-lrn-18-25-file-no-lrn-2005-00410/,,lrn,Nashville District,Campbell,,,Proposed Commercial Floating Dock with Boat Slips,Public Notice No. LRN-18-25: File No. LRN-2005-00410,,2018-09-28,2018-08-28,,,,,,,"Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee (Deer Harbor)
Public Notice No. LRN-18-25
Nashville District
Application No. LRN-2005-00410
Date: August 28, 2018; Expires: September 28, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee (Deer Harbor)
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT(S): Parc Properties, LLC
1235 Deerfield Way
La Follette, TN 37766
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.
LOCATION: The proposed project is located within Deerfield Resort on Norris Reservoir, Powell River Mile 8.0R, Campbell County, Tennessee. The project is located on Norris Reservoir within the Cedar Creek 060102060408 HUC-12 watershed. The project site can be found on the Demory and White Hollow, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct additional floating covered docks with boat slips within Deer Harbor (formerly Deer Hill Village). The applicant proposes to construct
the additional structures in phases with each phase consisting of a 159ft x 66ft galvanized dock with 24 individual slips with a total of 280 slips. If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Impacts to Norris Reservoir were minimized during the design phase as the overall project will be constructed in phases once slips are occupied reducing the initial footprint of impacts.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment-
online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Cumberlandian combshell (Epioblasma brevidens)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Fluted kidneyshell (Ptychobranchus subtentum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Oyster mussel (Epioblasma capsaeformis)
Endangered
Rough rabbitsfoot (Quadrula cylindrical strigillata)
Endangered
Sheepnose mussel (Plethobasus cyphyus)
Endangered
Shiny pigtoe (Fusconaia cor)
Endangered
Fishes
Spotfin chub (Erimonax monachus)
Threatened
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before September 28, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2005-00410 and be directed to the East Regulatory
Branch, Attention: Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil.
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers",60102060,,,,,Cara C Beverly,cara.c.beverly@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-25 Plans.pdf?ver=2018-08-28-155637-770,,,,,,
1617131,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1617131/public-notice-no-18-37-file-no-lrn-2018-00327/,,lrn,Nashville District,Davidson,-86.7874,36.1979,Public Notice No. 18-37,Public Notice No. 18-37; File No. LRN-2018-00327,,2018-09-29,2018-08-30,,,,,,,"Proposed Floating Commercial Dock and Dredging for Lake Access at Pages Branch Mile 0.5, Cumberland River Mile 188.7, Right Bank, Tact L-1285E and L-1296E, Cheatham Lake, Davidson County, Tennessee.
Public Notice No. 18-37
Nashville District
Application No. LRN-2018-00327
Date: August 30, 2018;Expires: September 29, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division, 3701 Bell Road, Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed Floating Commercial Dock and Dredging for Lake Access at Pages Branch Mile 0.5, Cumberland River Mile 188.7, Right Bank, Tact L-1285E and L-1296E, Cheatham Lake, Davidson County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act of 1899.
APPLICANT: Oxbow Tourism, LLC
C/O Mr. Andrew Ostrowski
1013 Warren Street
Nashville, Tennessee 37208
LOCATION: The project is located at Pages Branch Mile 0.5, Cumberland River Mile 188.7, Right Bank, Tact L-1285E and L-1296E, Cheatham Lake, Davidson County, Tennessee.
USGS Quadrangle: Nashville West, TN. Latitude: 36.1979, Longitude:-86.7874
DESCRIPTION: The applicant has proposed to construct a commercial floating dock and dredging for lake access. The floating dock would measure 100’ x 8’and would extend approximately 28’ into Pages Branch. The proposed dredging for lake access measures approximately 100’ x 75’ x 3’. The majority of the dredging would be performed from a land-based excavator and a minor portion would be performed from a small barge. The dredged material would be placed into trucks and disposed upland on a 0.40 acre portion of the applicant’s property adjacent to Pages Branch. Additionally, the applicant proposes to install a fuel tank and fuel lines in the upland portion of the property for his own private use.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: According to the applicant the proposed work consists of the development of boat moorage and lake access for a commercial transportation service in and around Nashville on the Cumberland River (Cheatham Lake).
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Impacts to Pages Branch (Cheatham Lake) were minimized during the design phase as minimal impacts are expected with the floating structure and dredging for lake access.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The
applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating dock and the footprint of the dredging.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A historic properties review has been conducted for the defined permit area. The areas proposed for the fuel tank, fuel line and dredge disposal have been previously disturbed. No archaeological sites determined eligible for or listed on the National Register of Historic Places are located within the permit area.
This Public Notice serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local
agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Davidson County, Tennessee
Common Name
Scientific Name
Nashville crayfish
(Cyprogenia stegaria)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Tan riffleshell
(Quadrula sparsa)
Cumberland comshell
(Epioblasma brevidens)
Ring pink (mussel)
(Obovaria retusa)
Orangefoot pimpleback
(Plethobasus cooperianus)
Short's bladderpod
(Physaria globosa)
Leafy prairie-clover
(Dalea foliosa)
Price’s potato bean
(Apios priceana)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Verification for Nationwide Permit 16 - Return Water from Upland Contained Disposal Areas. Water Quality Certification or a waiver from the State of Tennessee is required for the nationwide permit pursuant to Section 401(1)(1) of the CWA, that applicable water
quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before September 29, 2018, willbecome a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-37.pdf?ver=2018-08-30-140523-823,,,,,,
1617929,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1617929/public-notice-no-18-39-file-no-lrn-1997-10440/,,lrn,Nashville District,Montgomery,,,Public Notice No. 18-39,Public Notice No. 18-39; File No. LRN-1997-10440,,2018-09-29,2018-08-31,,,300,,,,"Proposed discharge of fill material into 300 linear feet of an Unnamed Tributary to the Cumberland River. The proposed activity is for the extension of an existing concrete pipe to facilitate the expansion of a gravel storage and equipment staging area which is part of an existing barge terminal in Clarksville, Montgomery County, Tennessee.
Public Notice No. 18-39
Nashville District
Application No. LRN-1997-10440
Date: 31 August2018; Expires:29 September2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch, 3701 Bell Road, Nashville, TN 37214
Attn: Deborah Tuck
SUBJECT: Proposed discharge of fill material into 300 linear feet of an Unnamed Tributary to the Cumberland River. The proposed activity is for the extension of an existing concrete pipe to facilitate the expansion of a gravel storage and equipment staging area which is part of an existing barge terminal in Clarksville, Montgomery County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Winn Marine, LLC
C/O Mr. Sean T. Cotham
800 Barge Point Road
Clarksville, Tennessee 37042
LOCATION: The project is located at Winn Marine Barge Terminal, Mile 0.1 of an Unnamed Tributary to Cumberland River Mile 123.6, Right Bank, Lake Barkley Flowage Easement Tract BAR_10014E, Clarksville, Montgomery County, Tennessee. USGS Quadrangle: New Providence, Tennessee Coordinates: 36.5370 -87.4031
DESCRIPTION: The applicant proposes to discharge approximately 100 cubic yards of fill material (a 48-inch reinforced concrete pipe, bedding and backfill) into 300 linear feet of an Unnamed Tributary, an intermittent stream, of the Cumberland River, resulting in a 0.03-acre impact to waters of the United States. A temporary cofferdam will be located up-gradient of the proposed construction area to divert flow around the work area. The cofferdam will be constructed with an emergency overflow channel that will discharge to a rip-rapped channel in the construction area. Water that collects behind the cofferdam will be pumped to the make-up water basin. All temporary materials would be removed upon project completion; and, the stream flow would be routed into the pipe outfall to the river. The work would facilitate a one-acre expansion of an existing six-acre work site used to store equipment, and off-load materials as part of the operation of the previously-approved commercial barge terminal facility authorized by Department of the Army (DA) permit issued November 25, 1998. A portion of the overall operation is located within a 25.38 acre government Flowage Easement Tract 10014-E (Real Estate Consent to Easement DACW62-9-17-0403).
Since the addition of fill material is being proposed on this tract, the project will require a modification to the current real estate consent to easement approval.
If you wish to view additional plans, please contact this office or visit our website at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: According to the applicant, the proposed work would facilitate expansion of the upland storage and off-loading area of the existing barge terminal facility.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the project application, the applicant would avoid impacts to the remaining upstream and downstream segments of the unnamed tributary, minimizing impacts to waters of the U. S., to the extent practicable.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has proposed to purchase credits from the Cumberland River Compact Stream Restoration In-Lieu Fee Program to compensate for the 300 linear foot and existing 194 linear foot loss of the intermittent stream.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and determine the overall public nterest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as a limited area surrounding it was conducted by USACE. No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project. This public notice
serves to initiate the public involvement in compliance with the requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will continue to consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic
Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of the USFWS website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known or believed to occur in the vicinity of the proposed action:
Scientific Name
Common Name
Federal Status
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
Physaria globosa
Short's bladderpod
Endangered
Apios priceana
Price’s Potato-bean
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the USFWS pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before September 29, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Deborah Tuck, at the above address,
telephone 615-369-7511.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PLANs for 18-39.pdf?ver=2018-08-31-155703-730,,,,,,
1631335,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1631335/public-notice-no-18-38-file-no-lrn-2018-00664/,,lrn,Nashville District,Madison,,,Public Notice No. 18-38,Public Notice No. 18-38; File No. LRN-2018-00664,,2018-10-13,2018-09-13,,,3765,,,,"This notice announces a Prospectus that has been submitted for the development of the Redstone Arsenal Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-38
Nashville District
Date: September 13, 2018
Application No. LRN-2018-00664
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the Redstone Arsenal Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: U.S. Army Garrison, Redstone Arsenal
ATTN: Jeff Duke - CEC, Inc.
325 Seaboard Ln, Ste. 170
Franklin, TN 37067
LOCATION: The proposed mitigation bank is located on Redstone Arsenal, a 37,910-acre federally owned facility in Huntsville, Madison County, Alabama (Latitude N 34.586516, Longitude W -86.675226). The proposed mitigation bank would rehabilitate 3,765 linear feet of unnamed tributaries to the Tennessee River, and enhance and preserve 121.38 acres of wetlands adjacent to the Tennessee River.
PURPOSE: The Redstone Arsenal Mitigation Bank proposes to provide compensatory stream and wetland mitigation credits for permitted impacts within a primary service area comprised of the Redstone Arsenal Base within the Wheeler Lake watershed (HUC 06030002). The Bank has not proposed a
secondary service area.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently
be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Alabama Department of Environmental Management (ADEM) pursuant to Section 401 of the CWA and/or applicable state of Alabama statute(s) and regulation(s). The USACE and ADEM provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: A portion of the Redstone Arsenal Mitigation Bank was originally permitted as a compensatory mitigation site for wetland impacts associated with improvements to Martin Road, and an Advanced Credit Wetland Mitigation Site for future impacts that may occur in association with
Redstone Arsenal. The site was constructed, but following completion of construction and planting, no subsequent monitoring or maintenance was performed, which
resulted in no generation of future credits and a cease in operation of the Advanced Credit Wetland Mitigation Site.
The goal of the Redstone Arsenal Mitigation Bank is to bring the original compensatory mitigation site into compliance with the 2008 Compensatory Mitigation Rule and create a single-user mitigation bank for Redstone Arsenal. This will involve new hydrologic modifications and replanting of some areas with appropriate species based on proposed habitat types. This modification will capture additional areas of stream restoration and wetland enhancement that
were not included in the original permit.
Stream functional uplift is proposed to be provided through improvement of stream hydrology, reduction of streambank erosion, improvement to aquatic and terrestrial habitat, and improvement to riparian stream buffers. Wetland functional uplift is proposed to be provided through restoration of wetland hydrology and improvement to aquatic habitat. The proposed stream mitigation approach involves restoration of 3,765 linear feet of stream channel. The proposed wetland mitigation approach involves enhancement of 44.33 acres of wetland and preservation of 77.05 acres of wetland.
Details of the mitigation plan are contained in the Prospectus for Redstone Arsenal Mitigation Bank dated July 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the
project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential to effect historic and cultural resources in compliance with Section 106 of the National Historic Preservation Act. If USACE determines that consultation is required,
consultation with the Alabama Historic Commission State Historic Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in Madison County, Alabama:
Species Nomenclature
Federal Status
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Clams
Pink Mucket (pearlymussel) (Lampsilis abrupta)
Endangered
Rough Pigtoe (Pleurobema plenum)
Endangered
Sheepnose Mussel (Plethobasus cyphyus)
Endangered
Snuffbox Mussel (Epioblasma triquetra)
Endangered
Spectaclecase (mussel) (Cumberlandia monodonta)
Endangered
Crustaceans
Alabama Cave Shrimp (Palaemonias alabamae)
Endangered
Flowering Plants
Price's Potato-bean (Apios priceana)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email: Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
\\SVR-NASH\ P:\2017\173-738\-GIS\Maps\Final_Maps\173-738_Fig_1_Land_Ownership.mxd (4/24/2018 10:29:04 AM)
Public Notice 18-38
File No. LRN-2018-00664
Exhibit A
NOTE:
ALL SURROUNDING LAND IS OWNED BY
THE U.S. GOVERNMENT.
LEGEND
Conservation Easement Boundary
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
SCALE IN FEET
0
REFERENCE
1,000
2,000
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/W ORLD_IMAGERY, DRAWN BY:
ACCESSED 4/24/2018,
DATE:
BCL
4/24/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
LAND OWNERSHIP MAP
APPROVED BY:
PROJECT NO:
JTD
* Hand signature
on file
173-738
FIGURE NO:
1
Public Notice 18-38
File No. LRN-2018-00664
Exhibit B
Existing Stream
~3,593 ft.
Existing Culvert
Second Growth Forest/
Scrub-Shrub Wetland Mix
~30.07 ac.
Failed Water Control
Structure
(
&
(4) Spoil Piles
~0.25 ac
Emergent Wetland
~1.04 ac
Upland Buffer
~90.22 ac
Open Water
~9.31 ac
Emergent Wetland
~8.06 ac.
Tupelo Gum Swamp
~63.87 ac
Spoil Pile
Forested Wetland
Forested Wetland
~6.99 ac
Emergent Wetland
Open Water
Road
Failed Water Control
Structure
Second Growth Forested/Scrub-Shrub Mix
(
&
Tupelo Gum Swamp
Open Water
~6.71 ac.
Upland
Existing Stream
Existing Culvert
(
&
Water Control
Structure
Water Control Structure
Scrub-Shrub Wetland
~7.77 ac
M
""&
J
Conservation Easement Boundary
Emergency
Spillway
Upland Island
~0.57 ac
Existing
Road Crossing
Forested Wetland
Emergent Wetland
Existing Earthen Berm
Scrub-Shrub Wetland
Upland Island
Emergent Wetland
~0.59 ac
Upland Buffer
Existing Ditch
Forested Wetland
~20.72 ac
Existing Earthen Berm
Existing Ditch
Existing Road crossing
""
J
M
&
Emergency Spillway
Water Control Structure
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
SCALE IN FEET
0
1,000
2,000
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, DRAWN BY:
ACCESSED 7/2/2018,
DATE:
BCL
7/2/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
EXISTING AQUATIC RESOURCES MAP
APPROVED BY:
PROJECT NO:
JTD
* Hand signature
on file
173-738
FIGURE NO:
Public Notice 18-38
File No. LRN-2018-00664
Exhibit C
Conservation Easement Boundary
Ad - Abernathy-Emory Silt Loam (Non-Hydric)
Al - Allen Clay Loam (Hydric Inclusion)
Cb - Captina and Capshaw Silt Loam (Hydric Inclusion)
De - Decatur Silty Clay (Non-Hydric)
Eg - Egam Silty Clay Loam (Hydric Inclusion)
Ex - Etowah Silt Loam (Hydric Inclusion)
Ey - Etowah Silty Clay Loam (Hydric Inclusion)
Hz - Huntington Silt Loam (Hydric Inclusion)
Lk - Lindside Silty Clay Loam (Hydric Inclusion)
Me - Melvin Silty Clay Loam (Hydric)
Op - Ooltewah Silt Loam (Hydric)
Pr - Prader Fine Sandy Loam (Hydric)
Ro - Robertsville Silt Loam (Hydric)
Tu - Tupelo Silt Loam (Hydric Inclusion)
Wo; Wp - Wolftever Silt Loam (Hydric Inclusion)
W - Water
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
SCALE IN FEET
0
1,000
2,000
ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/W ORLD_IMAGERY,
ACCESSED 4/24/2018,
NRCS WEB SOIL SURVEY. ACCESSED 4/24/2018,
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
DRAWN BY:
DATE:
BCL
4/24/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
NRCS SOILS MAP
APPROVED BY:JTD
PROJECT NO:
* Hand signature
on file
173-738
FIGURE NO:
Public Notice 18-38
File No. LRN-2018-00664
Exhibit D
Conservation Easement Boundary
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
SCALE IN FEET
0
1,000
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
2,000
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/W ORLD_IMAGERY,
ACCESSED 4/24/2018,
U.S. FISH & WILDLIFE SERVICE
NATIONAL WETLANDS INVENTORY (NWI) MAP.
ACCESSED 4/24/2018,
DRAWN BY:
DATE:
BCL
4/24/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
NATIONAL WETLANDS INVENTORY MAP
APPROVED BY:JTD
PROJECT NO:
* Hand signature
on file
173-738
FIGURE NO:
Public Notice 18-38
File No. LRN-2018-00664
Exhibit E
Proposed Low-ford Crossing
Stream Restoration
~3,765 ft.
Wetland Enhancement
Area-4
~26.44 ac.
Upland Buffer Preservation
~90.22 ac
Open Water Preservation
~9.31 ac
Wetland Habitat Enhancement
Area-3
~8.06 ac.
Tupelo Gum Swamp Preservation
~63.87 ac
Wetland Enhancement
Area-2
~3.12 ac.
Forested Wetland Preservation
~3.87 ac
Wetland Enhancement
Area-1
~6.71 ac.
Proposed Scrub-Shrub
Tupelo ~8.07 ac
Proposed Supplemental Oak and Hickory Planting
Earthen Berm
Elevation: 560.5'
Proposed Tupelo
Forested Wetland to Remain
Earthen Berm
Elevation: 562'
Scrub-Shrub
~0.93 ac
Upland Buffer Preservation
Upland Island
~0.57 ac
Repair Existing
Road Crossing
Upland Buffer Hardwood Planting
Upland Island to Remain
Supplemental Oak and
Hickory Planting ~6.65 ac
Proposed Low-ford Crossing
Upland Buffer
Hardwoods Planting
~1.74 ac
Wetland Enhancement
Wetland Preservation
Fill
Existing Ditch
Forested Wetland to Remain
~20.72 ac
Upland Buffer Preservation
Proposed Stream Restoration
25 ft. Stream Buffer
Conservation Easement Boundary
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
SCALE IN FEET
0
1,000
2,000
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
USGS TOPOGRAPHIC MAP/ ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/USA_TOPO_MAPS,
ACCESSED 7/3/2018
DRAWN BY:
DATE:
BCL
7/3/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
CONCEPTUAL MITIGATION
TOPOGRAPHIC MAP
APPROVED BY:
PROJECT NO:
JTD
* Hand signature
on file
173-738
FIGURE NO:
Public Notice 18-38
File No. LRN-2018-00664
Exhibit F
Proposed Low-ford Crossing
Stream Restoration
~3,765 ft.
Wetland Enhancement
Area-4
~26.44 ac.
Upland Buffer Preservation
~90.22 ac
Open Water Preservation
~9.31 ac
Wetland Habitat Enhancement
Area-3
~8.06 ac.
Tupelo Gum Swamp Preservation
~63.87 ac
Wetland Enhancement
Area-2
~3.12 ac.
Forested Wetland Preservation
~3.87 ac
Wetland Enhancement
Area-1
~6.71 ac.
Proposed Scrub-Shrub
Tupelo ~8.07 ac
Proposed Supplemental Oak and Hickory Planting
Earthen Berm
Elevation: 560.5'
Proposed Tupelo
Forested Wetland to Remain
Earthen Berm
Elevation: 562'
Scrub-Shrub
~0.93 ac
Upland Buffer Preservation
Upland Island
~0.57 ac
Repair Existing
Road Crossing
Upland Buffer Hardwood Planting
Upland Island to Remain
Supplemental Oak and
Hickory Planting ~6.65 ac
Proposed Low-ford Crossing
Upland Buffer
Hardwoods Planting
~1.74 ac
Wetland Enhancement
Wetland Preservation
Fill
Existing Ditch
Forested Wetland to Remain
~20.72 ac
Upland Buffer Preservation
Proposed Stream Restoration
25 ft. Stream Buffer
Conservation Easement Boundary
REDSTONE ARSENAL MITIGATION BANK
MODIFIED PROSPECTUS
HUNTSVILLE, MADISON COUNTY, AL
SCALE IN FEET
0
1,000
2,000
325 Seaboard Lane, Suite 170 Franklin,Tennessee 37067
615-333-7797 800-763-2326
www.cecinc.com
ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, DRAWN BY:
ACCESSED 7/3/2018,
DATE:
BCL
7/3/2018
CHECKED BY:
SCALE:
CAD
1 "" = 1,000 '
CONCEPTUAL MITIGATION AERIAL MAP
APPROVED BY:
PROJECT NO:
JTD
* Hand signature
on file
173-738
FIGURE NO:
Public Notice 18-38
File No. LRN-2018-00664
Exhibit G
_
^
_
^
Site Location
Service Area
ESRI WORLD STREET MAP / ARCGIS MAP SERVICE:
HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_STREET_MAP,
ACCESSED 6/29/2018, IMAGERY DATE: 2014.
REDSTONE ARSENAL
WETLAND MITIGATION BANK
HUNTSVILLE, MADISON COUNTY, ALABAMA
325 Seaboard Lane, Ste. 170 Franklin, Tennessee
615-333-7797 800-763-2326
www.cecinc.com
DRAWN BY:
DATE:
BCL CHECKED BY:
6/29/2018 SCALE:
SERVICE AREA MAP
JTD APPROVED BY: CEC
1 "" = 3 miles
PROJECT NO:
* Hand signature
on file
174-738
FIGURE NO:",06030002,,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-38.pdf?ver=2018-09-13-121238-603,,,,,,
1645884,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1645884/public-notice-no-18-43-file-no-lrn-2017-00832/,,lrn,Nashville District,Davidson,-86.6516,36.0331,Public Notice No. 18-43,Public Notice No. 18-43; File No. LRN-2017-00832,,2018-10-26,2018-09-26,,,3343,,,,"Proposed discharge of fill material into 3,343 linear feet of Unnamed Tributaries to Collins Creek along with the discharge of fill material into 0.85 acres of wetlands adjacent to Unnamed Tributaries to Collins Creek. The work is associated with the construction of roadways and grading for the Century Farms development located in Nashville, Davidson County, Tennessee
Public Notice No. 18-43
Nashville District
Application No. LRN-2017-00832
Date: September 26, 2018;Expires: October 26, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch, 3701 Bell Road, Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge of fill material into 3,343 linear feet of Unnamed
Tributaries to Collins Creek along with the discharge of fill material into 0.85 acres of wetlands adjacent to Unnamed Tributaries to Collins Creek. The work is associated with the construction of roadways and grading for the Century Farms development located in Nashville, Davidson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not
be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Century Farms, LLC
C/O Mr. David Young
3814 Green Hills Village Drive, Suite 400
Nashville, Tennessee 37215
LOCATION: The project is located south of Interstate 24 at interchange 60. The site is bounded by Interstate 24 to the north by Old Franklin Road to the east by Cane Ridge Road to the south and a gas line easement to the west.
USGS Quadrangle: Antioch, TN. Latitude: 36.0331, Longitude: -86.6516
DESCRIPTION: The applicant has proposed to discharge of fill material into 3,343 linear feet of Unnamed Tributaries to Collins Creek along with the discharge of fill material into
0.85 acres of wetlands adjacent to Unnamed Tributaries to Collins Creek. The fill would facilitate the construction of roads that would connect to interchange improvements at Exit 60 on Interstate 24 (interchange improvements constructed by the Tennessee Department of Transportation). Also, fill would facilitate the development of the 190 acre site for multi-use
(retail, office, multifamily residences and entertainment). The deposit of fill material into the unnamed tributaries and wetlands is affected by the development of the upland portion of the 190 acres. The impacts to waters of the United States cannot be avoided or minimized due to the site topography. The existing interchange at Exit 60 is at elevation 620-642 feet above mean sea level (MSL). Connecting the development and new roads to the existing interchange would require the discharge of up to 80 feet of fill material, some of the fill would be placed in streams and wetlands.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the proposed work consists of the construction of roads to connect to interchange improvements (Exit 60 on Interstate 24) constructed by the Tennessee Department of Transportation and to develop the site for multi- use development.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Based on information submitted in the project application, the proposed linear transportation crossing on Watercourse 1 has been modified to minimize disturbance by spanning Watercourse 1 utilizing three sided box culverts in lieu of the original plans which would have used pipes and four-sided culverts. The three sided box culvert has been limited to the minimum extent necessary in order to connect grades at sharp elevation changes.
Additionally, the applicant is currently developing re-vegetation plans along areas of Watercourse 1 that have historically been impacted within the riparian buffer. Other minimizations actions include over 30 acres of green space which is currently planned for the development, and onsite detention that would replace many of the lost functions of the degraded agricultural wetlands.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The
applicant has proposed to purchase credits from the Swamp Road Mitigation Bank #1 to compensate for the loss of the wetlands, and would purchase credits form the Cumberland River Compact Stream Restoration In-Lieu Fee (ILF) Program and the Kentucky Department of Fish and Wildlife Resources Stream and Wetland Mitigation ILF Program to offset the stream impacts to the waters of the United States..
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: With the application, the applicant’s consultant submitted a cultural resource survey “Phase I Archeological Survey of a Proposed Development in Davidson County, Tennessee”. USACE is providing a copy of the report along with our evaluation regarding identification and effects to historical properties to the Tennessee State Historic Preservation Officer and other consulting parties prior to making a final determination regarding effects to historic properties. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Davidson County, Tennessee.
Common Name
Scientific Name
Yellow blossom (pearlymussel)
(Epioblasma florentina florentina)
Pink mucket (pearlymussel)
(Lampsilis abrupta)
Ring pink (mussel)
(Obovaria retusa)
Tan riffleshell
(Epioblasma florentina walkeri (=E. walkeri)
Cumberland comshell
(Epioblasma brevidens)
Slabside pearlymussel
(Pleuronaia dolabelloides)
Orangefoot pimpleback
(Plethobasus cooperianus)
Indiana bat
(Myotis sodalis)
Gray bat
(Myotis grisescens)
Northern Long-Eared Bat
(Myotis septentrionalis)
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State
of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before October 26, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-43.pdf?ver=2018-09-26-160412-273,,,,,,
1648197,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1648197/public-notice-no-18-41-file-no-lrn-2016-00915/,,lrn,Nashville District,Rutherford,-86.4626,35.7934,Public Notice No. 18-41,Public Notice No. 18-41; File No. LRN-2016-00915,,2018-10-28,2018-09-28,,,120,,,,"Proposed discharge of fill material into two wetlands adjacent to an Unnamed Tributary to West Fork Stones River, totaling 0.59 acres. The proposed activity is for the construction of an additional phase of work within an established residential neighborhood in Murfreesboro, Rutherford County, Tennessee.
Public Notice No. 18-41
Nashville District
Application No. LRN-2016-00915
Date: September 28, 2018; Expires: October 28, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch,
3701 Bell Road, Nashville, TN 37214
Attn: Deborah Tuck
SUBJECT: Proposed discharge of fill material into two wetlands adjacent to an Unnamed Tributary to West Fork Stones River, totaling 0.59 acres. The proposed activity is for the construction of an additional phase of work within an established residential neighborhood in Murfreesboro, Rutherford
County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Beazer Homes
C/O Matt Williams
501 Corporate Center Drive, Suite 180
Franklin, Tennessee 37067
LOCATION: The project is located at Sheffield Park, 3417 Blackwell Boulevard, just off Veteran's Parkway, Murfreesboro, Rutherford County, Tennessee. The wetlands are adjacent to an Unnamed Tributary of West Fork Stones River Mile 20.4, Left Bank. USGS Quadrangle: Murfreesboro, TN
Latitude: 35.7934 Longitude -86.4626
DESCRIPTION: The applicant proposes to discharge fill material into two wetlands and one open-water pond, adjacent to an unnamed tributary of West Fork Stones River, totaling 0.599 acres of impacts to waters of the United States in order to facilitate completion of Section 4, Phase 2 of the existing Sheffield Park residential development. The proposal would add eight (8) buildable lots (Lots 86-89, and 91-94), with a round-about cul-de-sac, and construction of an
egress roadway to Dizzy Dean Drive, as an emergency connector to the adjacent Westwind Subdivision. Lot 90 would be set aside as green space, eliminating the discharge of fill material into 120 linear feet of stream channel. The regulated activity consists of the discharge of fill material into Wetland A (0.459 acre) Wetland B (0.089 acre), and one open-water pond (OW-1, 0.05 acre). Plans of the proposed work and a location map are attached to this notice.
If you wish to view additional plans, please contact this office or visit our website at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
PURPOSE AND NEED: The applicant proposes to provide additional residential housing to an existing development on the south side of the Murfreesboro, Rutherford County, Tennessee. The applicant states the need for affordable housing is increasingly in high demand and the proposed addition to the development would help fill this demand. The connector road to Dizzy Dean Drive would also provide a secondary exit within Sheffield Park subdivision facilitating emergency egress as recommended by the City of Murfreesboro.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:Based on information submitted in the project application, the applicant would avoid 120 linear feet of stream channel impacts on Lot 90, a reduction in the original plan to fill the stream channel in addition to the entire 0.54 acres of Wetland A, that spans Lots 87-90. Additionally, the applicant has reduced the impacts to Wetland B (0.73 acre) to 0.089 acre for the construction of Lots 92 and 93. Therefore, the remaining sections of Wetland A, Lot 90, and Wetland B would be set aside as green space. Eliminating Lot 90 from construction would also minimize impacts to habitat of state listed plant species.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant has purchased 1.18 credits from the Swamp Road Wetland Mitigation Bank II to compensate for the loss of 0.59 acres.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on
an evaluation of the probable impact including cumulative impacts of the proposed activity on the
public interest. That decision will reflect the national concern for both protection and
utilization of important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors which may be
relevant to the proposal will be considered including the cumulative effects thereof; among those
are conservation, economics, aesthetics, general environmental concerns, wetlands, historic
properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation,
shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general,
the needs and welfare of the people. In addition, the evaluation of the impact of the activity on
the public interest will include application of the guidelines promulgated by the Administrator,
Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: USACE reviewed available information for the potential presence of historic resources within the permit area as well as a limited area surrounding it. The USACE determined there are No National Register of Historic Places (NRHP) properties present within the
immediate vicinity of the proposed project. This public notice serves to initiate the public involvement requirements of Section 106 of the National
Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area.Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will initiate consultation with the SHPO, Native American Tribes, and other parties in accordance with Section 106 of the National Historic Preservation Act, if required.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated
critical habitat. A review of the USFWS website, http://ecos.fws.gov/ipac, identified the following federally-listed species that are known or believed to occur in the vicinity of the proposed action:
Scientific Name
Common Name
Federal Status
Pegias fabula
Littlewing pearlymussel
Endangered
Dalea foliosa
Leafy prairie-clover
Endangered
Arabis perstellata
Braun's rock-cress
Endangered
Astragalus bibullatus
Guthrie's (=Pyne's) ground-plum
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before October 28, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Deborah Tuck, at the above address, telephone 615-369-7511.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-41 plans.pdf?ver=2018-09-28-142513-280,,,,,,
1655488,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1655488/draft-detailed-project-report-and-environmental-assessment-for-the-east-camp-cr/,,lrn,Nashville District,Sumner,,,DRAFT Detailed Project Report and Environmental Assessment for the East Camp Creek Watershed Flood Risk Management Study,"DRAFT Detailed Project Report and Environmental Assessment for the East Camp Creek Watershed Flood Risk Management Study; Gallatin, Sumner County, Tennessee",,2018-11-05,2018-10-05,,,,,,,"The U. S. Army Corps of Engineers Nashville District (Corps) has prepared a Draft Integrated Detailed Project Report and Environmental Assessment (DPR/EA) and unsigned Finding of No Significant Impact (appendix G of the DPR/EA) to assess potential solutions for flooding problems within the East Camp Creek Watershed in Sumner County, Tennessee, near the City of Gallatin.
The U. S. Army Corps of Engineers Nashville District (Corps) has prepared a Draft Integrated Detailed Project Report and Environmental Assessment (DPR/EA) and unsigned Finding of No Significant Impact (appendix G of the DPR/EA) to assess potential solutions for flooding problems within the East Camp Creek Watershed in Sumner County, Tennessee, near the City of Gallatin. The tentatively selected plan includes an armored earthen detention structure that would store approximately 46 acre-feet of water near the entrance to Triple Creek Park. Please submit any written comments no later than November 5, 2018 to ensure consideration in the final DPR/EA.",,,,,,,,,"https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/8243
https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/8242",,,,,,
1657650,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1657650/public-notice-no-18-24-file-no-lrn-2004-00247/,,lrn,Nashville District,Morgan,,,Public Notice No. 18-24,Public Notice No. 18-24; File No. LRN-2004-00247,,2018-11-08,2018-10-09,,,992,,,,"Proposed Discharge of Fill for Heraeus Metals Expansion Project, Wartburg, Morgan County, Tennessee
Public Notice No. 18-24
Nashville District
Application No. LRN-2004-00247
Date: October 9 2018; Expires: November 8, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Ken M. Jones)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
SUBJECT: Proposed Discharge of Fill for Heraeus Metals Expansion Project, Wartburg,
Morgan County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC)
Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Morgan County Economic Development Board
Attn: Mr. Timothy Johnson
P.O. Box 979
Wartburg, TN 37887
LOCATION: The proposed project is located between 1975 Old Knoxville Highway in Wartburg, Tennessee. The proposed impacts occur in Flat Fork Watershed, Emory River Mile 24.2R, Morgan County, Tennessee. The project is located within the Crooked Fork Watershed HUC-12 060102080403.
The project site can be found on the Camp Austin, Tennessee 7.5 Minute quadrangle map. See Attachment 1.
DESCRIPTION: The applicant proposes to expand the existing Heraeus Metals facility in Wartburg, Tennessee. This project includes filling 2.28 acres of wetlands and encapsulating 992 linear feet of stream channel, and implementing an on-site permittee-responsible mitigation plan which increases stream channels and replaces impacted wetlands. The proposed project involves stream and wetland impacts as detailed in Attachment 1.
Project plans of the proposed project are provided in this notice (Attachment 2). If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information submitted, impacts to waters of the U.S. (WOUS) will be minimized as multiple 1
building layouts have been considered, and the current building footprint and access road are configured to maximize work in the dry portions of the site and reduce work in wet areas.
Additionally, multiple revisions of the grading plans for the proposed site have been made to
reduce the disturbance and impacts to surrounding wetlands.
COMPENSATORY MITIGATION: The applicant has proposed to mitigate for impacts to 992 linear feet of stream channel and 2.28 acres of wetland fill with restoration of 1,562 linear feet within an onsite existing impoundment and the onsite creation of 4.58 acres of wetland.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of
the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the final design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to
historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission
(SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the consultant, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Cumberland Bean (pearlymussel) (Villosa Trabalis)
Endangered
Alabama Lampmussel (Lampsilis virescens)
Endangered
Purple Bean (Villosa perpurpurea)
Endangered
Turgid Blossom (pearlymussel) (Epioblasma turgidula)
Endangered
Fishes
Spotfin Chub (Erimonax monachus)
Threatened
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Cumberland Rosemary (Conradina verticillata)
Threatened
Cumberland Sandwort (Arenaria cumberlandensis)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before November 8, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2004-00247 and be directed to the Regulatory Branch, Attention: Ken M. Jones, at the above address or email at ken.m.jones@usace.army.mil.
Sincerely,
Casey Ehorn Chief,
East Branch
Regulatory Division
U.S. Army Corpsof Engineers
PN LRN-18-24: Attachment 1
File: LRN-2004-00247
Heraeus Metals Expansion
Site Maps
Sheet 1 of 2
PN LRN-18-24:
Attachment 1 File:
LRN-2004-00247 Heraeus
Metals Expansion Site
Maps
Sheet 2 of 2
PN LRN-18-24: Attachment 2
File: LRN-2004-00247
Heraeus Metals Expansion
Site Maps
Sheet 1 of 5
PN LRN-18-24: Attachment 2
File: LRN-2004-00247
Heraeus Metals Expansion Site Maps
Sheet 2 of 5
PN LRN-18-24: Attachment 2
File: LRN-2004-00247
Heraeus Metals Expansion
Site Maps
Sheet 3 of 5
PN LRN-18-24: Attachment 2
File: LRN-2004-00247
Heraeus Metals Expansion
Site Maps
Sheet 4 of 5
PN LRN-18-24: Attachment 2
File: LRN-2004-00247
Heraeus Metals Expansion
Site Maps
Sheet 5 of 5",60102080,,,,,Ken M Jones,ken.m.jones@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-24 Plans.pdf?ver=2018-10-09-160621-873,,,,,,
1657672,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1657672/public-notice-no-18-42-file-no-lrn-2018-00542/,,lrn,Nashville District,Monroe,,,Proposed discharge of Fill for construction of V-Weir and water wheel at Tellico River Mile 21.3,Public Notice No. 18-42: File No. LRN-2018-00542,,2018-11-09,2018-10-09,,,,,,,"Proposed discharge of Fill for construction of V-Weir and water wheel at Tellico River Mile 21.3, Monroe County, Tennessee.
Public Notice No. 18-42
Nashville District
Application No. LRN-2018-00542
Date: October 10, 2018; Expires: November 9, 2018
Please address all comments to:
Nashville District Corps of Engineers
Regulatory Branch, Attn: Ken M Jones
501 Adesa Parkway, Suite 250, Lenoir City, Tennessee 37771
ken.m.jones@usace.army.mil
SUBJECT: Proposed discharge of Fill for construction of V-Weir and water wheel at Tellico River Mile 21.3, Monroe County, Tennessee.
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) and Section 404 of the Clean Water Act (CWA) (33 U.S.C. §1344).
Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1)
(1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Tellico Christian Community
Attn: Mr. Marcus Martin
163 Horseshoe Lane
Tellico Plains, Tennessee 37385
LOCATION: The proposed project is located within the Tellico River at Mile 21.3, Monroe County, Tennessee. Coordinates for the proposed project site are Latitude N35.42828°, W84.26517°. The proposed project site can also be found on the MOUNT VERNON, TN, 7.5 Minute quadrangle map and lies
within the Middle Tellico River HUC 12 (060102040307) 12 Digit Hydrological Unit Code (HUC). (Attachment 1)
DESCRIPTION OF PROPOSED WORK: The applicant proposes to install a rock v-weir in the Tellico River in coordination with the United States Department of Agriculture Natural Resources Conservation Service to provide water for agricultural use at the Tellico Christian Community farms. The v-weir will provide enough hydraulic head to power a bottom driven water wheel that will pump water to upland storage containers. The water wheel will be installed at the left (downstream) bank to pump water at a maximum withdrawal rate of approximately 30 gallons per minute. Pumping will occur from May to October.
Project plans of the proposed project are provided in this notice (Attachment 2). If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based
on information provided in the project application, no trees would be cut during construction and all work has been designed to minimize impacts to environmental resources. To minimize impacts to waters of the U.S., all proposed fill activities will be conducted in the low flow periods of the Tellico River. The v-weir will be constructed with a low, flush to the bottom center to minimize
impacts to flow and aquatic life passage, and is designed to not create a barrier to boat or canoe usage of the river.
COMPENSATORY MITIGATION: The applicant does not propose any compensatory mitigation. According to the applicant, impacts to the aquatic environment would be minimal and no aquatic vegetation or littoral wetlands are evident or anticipated in the project area.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The DA permit decision will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. The DA permit decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: The U.S. Army Corps of Engineers (Corps) is soliciting comments from the public, federal, state, and local agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity.
Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the final design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to
historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on information provided by the consultant, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Appalachian Monkeyface (pearlymussel) (Quadrula sparsa)
Experimental
Cracking Pearlymussel (Hemistena lata)
Experimental
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Cumberlandian Combshell (Epioblasma brevidens)
Experimental
Cumberland Bean (pearlymussel) (Villosa Trabalis)
Endangered
Dromedary Pearlymussel (Dromus dromas)
Experimental
Fanshell (Cyprogenia stegaria)
Experimental
Orangefoot Pimpleback (pearlymussel) (Plethobasus cooperianus)
Experimental
Oyster Mussel (Epioblasma capsaeformis)
Experimental
Ring Pink (mussel) (Obovaria retusa)
Experimental
Rough Pigtoe (Pleurobema plenum)
Experimental
Shiny Pigtoe (Fusconaia cor)
Experimental
White Wartyback (pearlymussel) (Plethobasus cicatricosus)
Experimental
Fishes
Duskytail Darter (Etheostoma percnurum)
Pygmy Madtom (Noturus stanauli)
Spotfin Chub (Erimonax monachus)
Threatened
Flowering Plants
White Fringeless (Orchid Platanthera integrilabia)
Threatened
Snails
Anthony's (Riversnail Athearnia anthonyi)
Endangered
Mammals
Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
OTHER APPROVALS: Water Quality Certification from the State of Tennessee is required for the proposed fill below ordinary high water in accordance with Section 401(a)(1) of the
Clean Water Act. In addition to the DA, TVA, and TDEC permits, other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
CLOSE OF COMMENT PERIOD: Written statements received by November 9, 2018 will become a part of the record and considered in the evaluation of the permit application. Any response should be directed to the Regulatory Branch, Attention: Mr. Ken M. Jones, at the above address or at
ken.m.jones@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ken M. Jones at the above address or phone number.
Casey Ehorn Chief,
East Branch
Regulatory Division
U.S. Army Corps of Engineers
PN 18-42: Attachment 1
File: LRN-2018-00542
Tellico Christian Community
Site Maps
Sheet 1 of 2
PN 18-42: Attachment 1
File: LRN-2018-00542
Tellico Christian Community
Site Maps
Sheet 2 of 2
Amish Tellico Christian Community
Monroe
PN 18-42: Attachment 2
File: LRN-2018-00542
Tellico Christian Community
Drawings
Sheet 1 of 4
PN 18-42: Attachment 2
File: LRN-2018-00542
Tellico Christian Community
Drawings
Sheet 2 of 4
PN 18-42: Attachment 2
File: LRN-2018-00542
Tellico Christian Community
Drawings
Sheet 3 of 4
PN 18-42: Attachment 2
File: LRN-2018-00542
Tellico Christian Community
Drawings
Sheet 4 of 4",60102040,,,,,Ken M Jones,ken.m.jones@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-42 Plans.pdf?ver=2018-10-09-160851-767,,,,,,
1665195,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1665195/scoping-letter-for-proposed-construction-of-a-barge-loadingunloading-area-at-lo/,,lrn,Nashville District,Montgomery,,,The U. S. Army Corps of Engineers,"Scoping Letter for Proposed Construction of a Barge Loading/Unloading Area at Lock C Site for the U.S. Army Garrison (Fort Campbell Military Base; 101st Airborne Division), Cumberland River Mile 108.3, Lake Barkley, Montgomery County, Tennessee",,2018-11-04,2018-10-17,,,,,,,"The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of potential actions of constructing a barge loading/unloading facility and associated staging area at the existing Lock C property.
The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to assess impacts of potential actions of constructing a barge loading/unloading facility and associated staging area at the existing Lock C property. The purpose of the proposed work at Lock C is to provide a better facility via water for transport of military vehicles and equipment from the Ft. Campbell Military Base. The proposed project is located in Montgomery County, Tennessee near Cumberland City.
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
110 gm AVENUE SOUTH, ROOM A-405
NASHVILLE, TENNESSEE 37203
IN REPLY REFER TO
SEP 19 2018
Project Planning Branch
SUBJECT: Proposed Development of a Barge Loading/Unloading Area at Lock C Site
for the U.S. Army Garrison (Fort Campbell Military Base; 101 51 Airborne Division),
Cumberland River Mile 108.3, Lake Barkley, Montgomery County, Tennessee.
TO ALL INTERESTED PARTIES:
The U.S. Army Corps of Engineers, Nashville District (USACE), in accordance
with the National Environmental Policy Act (NEPA), is preparing an Environmental
Assessment (EA) to assess the impacts of constructing a barge loading/unloading
facility and associated staging area at the existing Lock C property. The purpose of the
proposed work at Lock C is to provide a better facility via water for transport of military
vehicles and equipment from the Ft. Campbell Military Base. The project is located at
the site of Lock C, a former navigation structure on the Cumberland River that was
operational before impoundment of Lake Barkley. Lock C is in Montgomery County,
Tennessee in the vicinity of Cumberland City (Figure 1). On April 10, 2018, USACE
issued a real estate permit to the U.S. Army Garrison for utilization of the area as a
barge loading and unloading facility. However, subsequent modifications or
improvements planned for the area require an evaluation under NEPA Public access
could be restricted to some or all of the site once improvements are made.
The EA would provide the basis for a decision whether to proceed with
preparation of an Environmental Impact Statement (EIS) or complete the action with a
Finding of No Significant Impact (FONSI). The EA will compare two site development
alternatives and the No Action Alternative. NEPA mandates that the ""No Action""
alternative be considered to establish a baseline or ""without project condition."" Under
this alternative, no Federal action would be taken and this would be the basis against
which the other alternatives are evaluated. The EA would describe and compare action
alternatives that would accomplish the project purpose of providing a more efficient
facility for the transport of military vehicles and equipment.
This letter serves to solicit scoping comments from the public; federal, state, and
local agencies and officials; Indian Tribes; and other interested parties in order to
consider and evaluate the impacts of this proposed activity as part of the USACE
planning process and in accordance with the NEPA process. We encourage comments
not only about resources in the immediate project area, but also of plans or proposals
for any other development that may impact or influence project resources. Comments
are used to assess impacts on fish, wildlife, endangered species, water quality, historic
properties, water supply, conservation, economics, aesthetics, wetlands , flood hazards,
floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy
-2needs, safety, climate change, considerations of property ownership, general
environmental effects, cumulative effects, and in general, the needs and welfare of the
people. This letter also serves to initiate the public involvement requirements of Section
106 of the National Historic Preservation Act of 1966, as amended.
Comments may be submitted within 30 days of the date of this letter to the
address on the letterhead or electronicallyto travis.a .wiley@usace .army.mil. For
additional information regarding the proposed project, please contact Travis Wiley at
(615) 736-7857.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosure
-3Figure 1. Project Vicinity Map, Lock C Site, Montgomery County, Tennessee",,,,,,,,,https://www.lrn.usace.army.mil/LinkClick.aspx?fileticket=MXC6W8ZBJ-Y%3d&portalid=49,,,,,,
1671193,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1671193/mvk-2018-0808/,,lrn,Nashville District,,,,,MVK-2018-0808,,2018-11-20,2018-10-24,,,,,,,"The discharge of dredged or fill material in waters of the United States and/or structures or work affecting navigable waters of the United States associated with construction and stabilization or roadway embankments and bridge abutments.
The discharge of dredged or fill material in waters of the United States and/or structures or work affecting navigable waters of the United States associated with construction and stabilization or roadway embankments and bridge abutments",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN MVK-2018-0808.pdf?ver=2018-10-24-114317-077,,,,,,
1679059,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1679059/public-notice-no-18-46-file-no-lrn-2018-00728/,,lrn,Nashville District,Morgan,0.0,40.0,Public Notice No. 18-46,Public Notice No. 18-46; File No LRN-2018-00728,,2018-11-30,2018-11-02,,,40000,,,,"This notice announces a prospectus has been submitted for the development of the Mud Creek Stream Mitigation Bank (MCSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-46
Nashville District
Application No. LRN-2018-00728
Date: November 1, 2018; Expires: November 30, 2018
Please address comments to:
Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Mud Creek Stream Mitigation Bank (MCSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Resource Environmental Solutions, LLC
5020 Montrose Blvd., Suite 650
Houston, TX 77006
LOCATION: The proposed stream mitigation project encompasses 959.59 acres that is located in the town of Wartburg in Morgan County, Tennessee (Latitude N 36.116039, Longitude W - 84.571531). The proposed mitigation project would incorporate approximately 7.5 miles (40,000
+/- linear feet) of intermittent and perennial stream channels in the upper Mud Creek watershed, which is a tributary of Crooked Fork that ultimately drains into the Emory River.
PURPOSE: The MCSMB would provide compensatory stream mitigation for permitted impacts within the proposed geographic service area of the Emory (06010208), Lower Clinch (06010207), and Watts Bar Lake (06010201) HUC 8 watersheds.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The existing streams are degraded due to channelization, channel modifications, and habitat alterations. Prior land uses included unrestricted cattle access and farming activities. TDEC conducted a habitat and water quality assessment in Mud Creek (from Crooked Fork River to headwaters). That assessment determined sources of impairment included grazing in riparian or shoreline zone, which resulted in alterations of stream-side vegetation.
The principal tributary in the proposed project area drains into Crooked Fork, which is downstream of the project boundaries.
The overall goal of the mitigation bank is to restore, to the greatest extent possible, the ecological function of the degraded aquatic resources within the mitigation bank site. The proposed project would consist of the rehabilitation, re-establishment, enhancement, and riparian buffer plantings
on Mud Creek and tributaries by utilizing natural channel design techniques capable of providing a functional lift to natural channel hydrology, hydraulic, geomorphic, physiochemical, and
biological characteristics. Of the approximately 40,000 linear feet in the project area, 299 linear feet would be reestablished, 24,808 linear feet would be restored, and 15,165 linear feet would be preserved.
Specific project goals include: (1) restoration of dynamically stable stream channels to improve bedform diversity and lateral stability; (2) restore natural, stable dimensions, patterns and profiles to stream reaches using natural channel design techniques; (3) restore natural channel hydrology by removing culverts and impoundments and reconnecting streams back to their relic floodplain;
(4) decrease channel velocities by increasing channel sinuosity and improving floodplain
connectivity; (5) install Large Woody Debris (LWD) and rock structures to improve aquatic habitat and lateral stability; (6) improve water quality by reducing non-point source pollution and in-stream sediment contribution through livestock exclusion; (7) increase re-oxygenation zones to improve water quality and biological integrity; (8) establish a minimum 50-foot riparian buffer with native vegetation to provide shade, increase stream bank stability, nutrient filtration, and habitat; (9) protect streams and riparian zones through land use restrictions; and (10) establish streams with adjacent floodplain wetlands to provide water benefits with the understanding that it could generate additional mitigation credits.
The project prospectus can be obtained by contactingryan.evans@usace.army.mil.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore,
USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission
(SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Morgan County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
Fishes
Spotfin chub (Erimonax monachus)
Threatened
Freshwater Mussels
Turgid blossom (Epioblasma turgidula)
Endangered
Finerayed pigtoe (Fusconaia cuneolus)
Endangered
Alabama lampmussel (Lampsilis virescens)
Endangered
Purple bean (Villosa perpurpurea)
Endangered
Cumberland bean (Villosa trabalis)
Endangered
Flowering Plants
Cumberland rosemary (Conradina verticillata)
Endangered
Cumberland sandwort (Minuartia cumberlandensis)
Endangered
Virginia spirea (Spirea virginiana)
Endangered
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office by November 30, 2018 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Camp Austin7.5' quadrangle
Exhibit A
Camp Austin7.5' quadrangle
Exhibit
B
Camp Austin7.5' quadrangle
Exhibit
C","06010201, 06010207, 06010208",,,,,Contactingryan Evans,contactingryan.evans@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-46.pdf?ver=2018-11-02-104232-923,,,,,,
1679133,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1679133/public-notice-no-18-48-file-no-lrn-2018-00680/,,lrn,Nashville District,Unicoi,-800.0,12.0,Public Notice No. 18-48,Public Notice No. 18-48; File No. LRN-2018-00680,,2018-12-30,2018-11-02,,,12800,,,,"This notice announces a prospectus has been submitted for the development of the Buffalo Valley Stream Mitigation Bank (BVSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-48
Nashville District
Application No. LRN-2018-00680
Date: November 1, 2018; Expires: November 30, 2018
Please address comments to: Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a prospectus has been submitted for the development of the Buffalo Valley Stream Mitigation Bank (BVSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: City of Johnson City
601 E Main Street
Johnson City, TN 37601
LOCATION: The proposed stream mitigation project encompasses 123 acres located in Unicoi County, Tennessee, approximately 5.9 miles southeast of Johnson City (Latitude N 36.229602, Longitude W -82.328816). The proposed mitigation project would incorporate approximately 2.4 miles (12,800 +/- linear feet) of buried, intermittent and perennial stream channels in the Buffalo Creek watershed, which is a tributary of Watauga River that ultimately flows into the Holston River.
PURPOSE: The BVSMB is proposed to provide compensatory stream mitigation for permitted impacts within the proposed geographic service area of the Watauga (06010103), South Fork Holton (06010102), and Nolichucky (06010108) HUC 8 watersheds.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and
reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the execution and management of the project. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation site through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The existing streams are degraded due to channelization, channel habitat modifications, and stream encapsulation. Prior land uses include modification of the watershed to support a golf course, which is the current state. Stream 1 is listed as ‘Fully Supporting’ by TDEC, and Stream 2 is listed as a ‘Non-Assessed Misc. Tributary to Buffalo Creek. The overall goal of the mitigation bank is to improve overall ecological function and stabilization of tributaries in the Buffalo Creek watershed, and to provide water quality and ecological benefits within the Buffalo Creek and Watauga watersheds of the Tennessee River Basin. The proposed project would consist of the restoration, re-establishment, and enhancement within the Buffalo Creek watershed by utilizing natural channel design techniques capable of providing a functional lift to natural channel hydrology, hydraulic, geomorphic, physiochemical, and biological characteristics. Of the approximately 12,800 linear feet in the project area, 10,005 feet would be restored, 2,709 feet would be reestablished, and 99 linear feet would be enhanced.
Specific project goals include: (1) restoration of dynamically stable stream channels to improve bedform diversity and lateral stability; (2) restore natural, stable dimensions, patterns and profiles to stream reaches using natural channel design techniques; (3) restore natural channel hydrology by removing culverts and impoundments and reattaching streams back to their relic floodplain; (4) decrease channel velocities by increasing channel sinuosity and improving floodplain connectivity; (5) install Large Woody Debris (LWD) and rock structures to improve aquatic habitat and lateral stability; (6) improve water quality by reducing non-point source pollution and in-stream sediment contribution through livestock exclusion; (7) increase re-oxygenation zones to improve water quality and biological integrity; (8) establish a minimum 50-foot riparian buffer with native vegetation to provide shade, increase stream bank stability, nutrient filtration, and habitat; (9) protect streams and riparian zones through land use restrictions; and (10) establish streams with adjacent floodplain wetlands to provide water benefits with the understanding that it could generate additional mitigation credits.
The project prospectus can be viewed bycontactingryan.evans@usace.army.mil.Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites
responses to this public notice from American Indian Tribes or tribal governments; federal, state, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur near the proposed project area:
Species Nomenclature
Federal Status
Mammals
Carolina Northern Flying Squirrel
Glaucomys sabrinus coloratus)
Endangered
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern long-eared bat (Myotis septentrionalis)
Threatened
Flowering Plants
Virginia Spirea (Spirea virginiana)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received by November 30, 2018 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers","06010102, 06010103, 06010108",,,,,Bycontactingryan Evans,bycontactingryan.evans@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-48.pdf?ver=2018-11-02-104454-173,,,,,,
1688889,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1688889/public-notice-no-18-47-file-no-lrn-2018-00743/,,lrn,Nashville District,Rutherford,,,Public Notice No. 18-47,Public Notice No. 18-47; File No. LRN-2018-00743,,2018-12-13,2018-11-13,,,2500,,,,"This notice announces a request to modify The Cumberland River Compact’s In- Lieu-Fee (ILF) Instrument to include the Sam Davis Dam Removal Restoration Project near Smyrna, TN pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-47
Nashville District
Application No. LRN-2018-00743
Date: November 13, 2018;Expires: December 13, 2018
Please address comments to:
Nashville District Corps of Engineers
Regulatory Division
3701 Bell Road
Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify The Cumberland River Compact’s In- Lieu-Fee (ILF) Instrument to include the Sam Davis Dam Removal Restoration Project near Smyrna, TN pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
IN-LIEU FEE SPONSOR: The Cumberland River Compact
2 Victory Avenue Suite 300
Nashville, TN 37213
LOCATION: The proposed ILF project encompasses ± 2,500 linear feet of stream channel in Stewart Creek in the town of Smyrna, Rutherford County, Tennessee (Latitude N 35.990483, Longitude W -86.502682). The proposed removal of Sam Davis Dam would restore free-flowing conditions to this currently impounded section of Stewart Creek, which drains into the Stones River and ultimately the Cumberland River.
PURPOSE: The Sam Davis Dam removal would provide compensatory mitigation within the Middle Cumberland Service area, which includes the Stones (05130203) and Old Hickory Lake (05130201) 8 digit HUC watersheds.
BACKGROUND: The Cumberland River Compact’s In-Lieu-Fee Instrument was approved on March 3, 2018 by the U.S. Army Corps of Engineers. The Sam Davis ILF Dam Removal Restoration Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the
proposed addition of an ILF program mitigation site. As such, we have issued a Public Notice (PN) to solicit comments for the instrument modification due to the proposed addition of an ILF mitigation site.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resource entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an ILF program sells
compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the program. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the ILF program through the development of an ILF instrument. The IRT also reviews ILF proposals and provides comments to the USACE.
Approval of the use of the ILF instrument for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s).
PROJECT DESCRIPTION: The sponsor proposes to provide 1,916 credits by rehabilitating 2,548 linear feet of Stewart Creek, located in the town of Smyrna in Rutherford Co., TN. Details are found in the Sam Davis Dam Removal Project Prospectus. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the ILF program.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register determined that the section of Stewart Creek within the project area is currently is listed as a historic property on the National Register of Historic Places. However, a Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources.
The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic
Preservation Officer (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following Federally-listed species that are known to or believed to occur in or near the project area:
Scientific Name
Common Name
Federal Status
Orconectes shoupi
Nashville crayfish
Endangered
Plethobasus cooperianus
Orangefoot pimpleback
Endangered
Epioblasma torulosa torulosa
Tubercled blossom
Endangered
Taxolasma cylindrellus
Pale lilliput
Endangered
Quadrula intermedia
Cumberland monkeyface
Endangered
Lemiox rimosus
Birdwing pearlymussel
Endangered
Pegias fabula
Littlewing pearlymussel
Endangered
Villosa fabalis
Rayed Bean
Endangered
Epioblasma capsaeformis
Oyster mussel
Endangered
Epioblasma florentina walkeri (=E walker)
Tan riffleshell
Endangered
Lexingtonia dolabelloides
Slabside Pearlymussel
Endangered
Epioblasma brevidens
Cumberlandian combshell
Endangered
Pleurobema gibberum
Cumberland pigtoe
Endangered
Epioblasma triquetra
Snuffbox mussel
Endangered
Quadrula cylindrical cylindrical
Rabbitsfoot
Threatened
Ptychobranchus subtentum
Fluted kidneyshell
Endangered
Physaria globosa
Short's bladderpod
Endangered
Dalea foliosa
Leafy prairie-clover
Endangered
Arabis perstellata
Braun's rock-cress
Endangered
Astragalus bibullatus
Guthrie's (=Pyne's) ground-plum
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required. No designated critical habitats are known from the project area.
COMMENT PERIOD: Written statements received in this office by December 13, 2018 will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
US Army Corps of Engineers","05130201, 05130203",,,,,Ryan Evans,ryan.evans@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for 18-47.pdf?ver=2018-11-13-105905-927,,,,,,
1688947,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1688947/public-notice-no-18-50-file-no-lrn-2018-00800/,,lrn,Nashville District,Rutherford,-86.5809,36.0046,Public Notice No. 18-50: File No. LRN-2018-00800,Public Notice No. 18-50: File No. LRN-2018-00800,,2018-12-13,2018-11-13,,,450,,,,"Proposed discharge fill material into 450 linear feet of two Unnamed Tributaries of Finch Branch and discharge fill material into five wetlands adjacent to Unnamed Tributaries of Finch Branch totaling 0.14 acres. The proposed activity is for the construction of three commercial warehouses in Tract C of the Mason Road Business Park in LaVergne, Rutherford County, Tennessee
Public Notice No. 18-50
Nashville District
Application No. LRN-2018-00800
Date: November 13, 2018; Expires: December 13, 2018
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Branch,
3701 Bell Road
Nashville, TN 37214
Attn: Floyd M. Carnes
SUBJECT: Proposed discharge fill material into 450 linear feet of two Unnamed Tributaries of Finch Branch and discharge fill material into five wetlands adjacent to Unnamed Tributaries of Finch Branch totaling 0.14 acres. The proposed activity is for the
construction of three commercial warehouses in Tract C of the Mason Road Business Park in LaVergne, Rutherford County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.
Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not
be violated. By copy of this notice, the applicant hereby applies for the required certification.
APPLICANT: Mason Road East Holdings, LLC
C/O Mr. Jeff Konleozny
35 Music Square East, Suite 301
Nashville, Tennessee 37206
LOCATION: The project is located east of Mason Road in LaVergne, Rutherford County, Tennessee. The wetlands are adjacent to the Unnamed Tributaries of Finch Branch.
USGS Quadrangle: LaVergne, TN Latitude: 36.0046, Longitude:-86.5809
DESCRIPTION: The applicant has proposed to discharge fill material into 450 linear feet of two Unnamed Tributaries of Finch Branch and discharge fill material into five wetlands adjacent to Unnamed Tributaries of Finch Branch totaling 0.14 acres of impacts to waters of the United States in order to facilitate the construction of three commercial warehouses. The deposit of fill material into the five wetlands and the two unnamed tributaries, (ephemeral streams) is affected by the development of the upland portion of the 45 acre site. The proposed commercial development consists of three separate commercial warehouses. The first warehouse (Building 5) would be an 186,030 square foot building, the second warehouse (Building 6) would be a 71,928 square foot building and the third and final warehouse (Building 7) would be a 255,312 square foot building. The three building and supporting infrastructure would encompass 41.79 acres.
Plans of the proposed work and a location map are attached to this notice. If you wish to view additional plans, please contact this office or visit our website at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx,
PURPOSE AND NEED: According to the applicant the proposed work consists of the development of an approximate 45 acre site for a commercial development in a proposed business park in LaVergne, Tennessee.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Based on information submitted in the project application, the applicant would avoid approximately 1000 linear feet of an Unnamed Tributary to Finch Branch.
COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The
applicant has proposed to purchase credits from the Cumberland River Compact to compensate for the loss of the ephemeral streams and from the Swamp Road Mitigation Bank
#1 to compensate for the loss of wetlands.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The United States Army Corps of Engineers (USACE) is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, and general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to NEPA. Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: The USACE has reviewed a cultural resource survey report provided by the applicant. Portions of the survey area were previously disturbed, and other parts are on slopes steeper than that typically containing intact archaeological sites. No shovel tests were positive for artifacts and no sites were identified during the survey. A review of historic resources within the permit area as well as a limited area surrounding it was conducted by USACE.
No National Register of Historic Places (NRHP) properties were present within the immediate vicinity of the proposed project. This public notice serves to initiate the public involvement requirements of Section
106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public notice from Native American Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the SHPO and Native American Tribes. The Corps will continue to consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates the presence of several federally listed endangered species in the vicinity of the action area. A review of the USFWS website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in the vicinity of the proposed action:
Scientific Name
Common Name
Federal Status
Orconectes shoupi
Nashville crayfish
Endangered
Plethobasus cooperianus
Orangefoot pimpleback
Endangered
Epioblasma torulosa torulosa
Tubercled blossom
Endangered
Taxolasma cylindrellus
Pale lilliput
Endangered
Quadrula intermedia
Cumberland monkeyface
Endangered
Lemiox rimosus
Birdwing pearlymussel
Endangered
Pegias fabula
Littlewing pearlymussel
Endangered
Villosa fabalis
Rayed Bean
Endangered
Epioblasma capsaeformis
Oyster mussel
Endangered
Epioblasma florentina walkeri (=E walker)
Tan riffleshell
Endangered
Lexingtonia dolabelloides
Slabside Pearlymussel
Endangered
Epioblasma brevidens
Cumberlandian combshell
Endangered
Pleurobema gibberum
Cumberland pigtoe
Endangered
Epioblasma triquetra
Snuffbox mussel
Endangered
Quadrula cylindrical cylindrical
Rabbitsfoot
Threatened
Ptychobranchus subtentum
Fluted kidneyshell
Endangered
Physaria globosa
Short's bladderpod
Endangered
Dalea foliosa
Leafy prairie-clover
Endangered
Arabis perstellata
Braun's rock-cress
Endangered
Astragalus bibullatus
Guthrie's (=Pyne's) ground-plum
Endangered
Myotis sodalis
Indiana bat
Endangered
Myotis grisescens
Gray bat
Endangered
Myotis septentrionalis
Northern Long-Eared Bat
Threatened
The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, the USACE
will evaluate the potential impacts to proposed and/or listed species and their designated critical
habitat and initiate consultation with the USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office on or before December 13, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,,,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-50.pdf?ver=2018-11-13-112014-897,,,,,,
1699766,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1699766/public-notice-no-lrn-18-05-file-no-lrn-2014-00038/,,lrn,Nashville District,Anderson,-84.135016,36.027916,Public Notice No. LRN-18-05,Public Notice No. LRN-18-05; File No. LRN-2014-00038,,2018-12-27,2018-11-28,,,3300,,,,"Proposed Discharge of Fill for Bull Run Fossil Landfill and Haul Road Construction Project, Oak Ridge, Anderson County, Tennessee
Public Notice No. LRN-18-05
Nashville District
Application No. LRN-2014-00038
Date: November 27, 2018; Expires: December 27, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Mark M McIntosh)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
SUBJECT: Proposed Discharge of Fill for Bull Run Fossil Landfill and Haul Road Construction Project, Oak Ridge, Anderson County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.
APPLICANT: Tennessee Valley Authority
Attn: Mr. Scott Turnbow
1101 Market Street,
5D Lookout Place
Chattanooga, Tennessee 37402
LOCATION: The proposed project is located at Old Edgemoor Road and Isabella Lane in Oak Ridge, Tennessee adjacent to the Bull Run Fossil Plant. The proposed impacts occur in the Clinch River-Wolf Creek Watershed (HUC-12 060102070403), Worthington Branch Mile 1.6, Clinch River Mile 47.8L. The project site can be found on the Clinton USGS 1:24k Topo Quad Map (Latitude 36.027916°, Longitude -84.135016°).
DESCRIPTION: The Tennessee Valley Authority (TVA) proposes to impact 3,300 linear feet of intermittent stream, 575 linear feet of ephemeral stream, and 0.3 acres of wetland in association with the construction of a coal combustion residuals (CCR) landfill and attendant features (haul road) at the Bull Run Fossil Plant.
TVA has stated “The purpose of this action is to support the need for additional capacity for the long-term management of CCR at Bull Run Fossil Plant. Additional storage capacity would also enable TVA to continue operations at Bull Run Fossil Plant as planned and would be consistent with TVA's voluntary commitment to convert wet CCR management systems to dry systems.”
Project plans of the proposed project are provided in the notice (Attachment 2). If you wish to view additional plans, please contact this office or visit our website at
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant has submitted the following statement: “Impacts to waters of the U.S. (WOUS) will be minimized as multiple configurations and landfill sites have been considered.
COMPENSATORY MITIGATION: The applicant is currently proposing to mitigate for impacts to intermittent and ephemeral streams via on-site and in-kind permittee-responsible mitigation, or to purchase stream credits from a mitigation bank or in-lieu fee program, if credits become available. The applicant has proposed to mitigate for the wetland impacts through purchasing wetland credits from a mitigation bank or in-lieu fee program.
LEAD FEDERAL AGENCY ROLES: The Tennessee Valley (TVA) is considered the lead federal agency for compliance with the National Environmental Policy Act (NEPA). Pursuant to NEPA, TVA prepared an Environmental Impact Statement (EIS) in November 2016 for titled “Disposal of Coal Combustion Residuals from Bull Run Fossil Plant.” For more information, please see the EIS at:
• https://www.tva.gov/Environment/Environmental-Stewardship/Environmental-
Reviews/Bull-Run-Fossil-Plant-Landfill-Management-of-Coal-Combustion-Residuals
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the work must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. In addition, the evaluation of
the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: For this project, TVA is the Federal lead agency responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA). The applicant has previously coordinated this proposal with the State Historic Preservation Office (SHPO) to ensure compliance with Section 106 of the National Historic Preservation Act. According to correspondence received from the Tennessee Historical Commission dated December 8, 2011, and February 9, 2016; there are no National Register of Historic Places listed or eligible properties affected by TVA’s proposed undertaking. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies;
and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. USACE will evaluate comments received from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106
of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): For this project, TVA is the Federal lead agency responsible for compliance with Section 7 of the Endangered Species Act (ESA). Based on information submitted by the Applicant, TVA has completed a Programmatic review of TVA actions that could impact potential summer roosting habitat for federally listed bats. A review of the United States Fish and Wildlife Service (USFWS) website,
http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, yielded the following federally-listed species known to or believed to occur in or near the project area.
Species Nomenclature
Federal Status
Clams
Alabama Lampmussel (Lamsilis virescens)
Endangered
Cracking Pearlymussel (Hemistena lata)
Endangered
Dromedary Pearlymussel (Dromus dromas)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Finerayed Pigtoe (Fusconaia cuneolus)
Endangered
Orangefoot Pimpleback (Plethobasus cooperianus)
Endangered
Pink Mucket (Lampsilis abrupta)
Endangered
Ring Pink (Obvaria retusa)
Endangered
Rough Pigtoe (Pleurobema plenum)
Endangered
Rough Rabbitsfoot (Quadrula cylundrica strigillata)
Endangered
Sheepnose Mussel (Plethobasus cyphyus)
Endangered
Shiny Pigtoe (Fusconaia cor)
Endangered
Spectaclecase (mussel) (Cumberlandia monodonta)
Endangered
White Wartyback (Plethobasus cicatricosus)
Endangered
Snails
Anthony’s Riversnail (Athearnia anthonyi)
Endangered
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.
b. Solid Waste Permit from TDEC
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.
Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
COMMENT PERIOD: Written statements received in this office on or before December 27, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2014-00038 and be directed to the Regulatory Branch, Attention: Mark M. McIntosh, at the above address or email at mark.m.mcintosh@usace.army.mil.
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers
Bull Run Fossil Plant Landfill
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FIGURE:
CHECKED BY: JO
DATE: 6/11/2018
Proposed Landfill and Haul Road
Site Location - Proposed Stream Restoration
TENNESSEE VALLEY AUTHORITY
BULL RUN, ANDERSON COUNTY, TN
BASE MAP SOURCE: ESRI USA Topographic Map 2018
TVA Property
Proposed Borrow Source
Proposed Stormwater Pond
Proposed Stream Reroute
Proposed Landfill Footprint
Limit of Disturbance
Wetlands
Impacted Area
Restoration Reach
No Proposed Mitigation
Stream Mitigation Type
Ephemeral Stream
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9
B
15
6
9 18
9
5
23
FOR PERMITTING
PURPOSES ONLY
CLASS II DISPOSAL FACILITY
PERMIT DRAWINGS
ALTERNATE FINAL COVER SYSTEM
1VCMJD/PUJDF
'JMF/P-3/
57""#VMM3VO'PTTJM1MBOU
&YIJCJU&
NOT FOR CONSTRUCTION
DRAFT","60102070, 60407955",,,,,Mark M Mcintosh,mark.m.mcintosh@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-05.pdf?ver=2018-11-28-102851-483,,,,,,
1703596,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1703596/public-notice-no-18-52-file-no-lrn-2018-00860/,,lrn,Nashville District,McMinn,,,Public Notice No. 18-52,Public Notice No. 18-52; File No. LRN-2018-00860,,2018-12-29,2018-12-03,,,19464,,,,"This notice announces a Prospectus that has been submitted for the development of the Lodi Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 18-52
Nashville District
Application No. LRN-2018-00860
Date: November 29, 2018; Expires: December 29, 2018
Please address comments to: Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a Prospectus that has been submitted for the development of the Lodi Stream and Wetland Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Resource Environmental Solutions, LLC
ATTN: Ken Barry – S&ME, Inc. 6515 Nightingale Lane
Knoxville, TN 37909
LOCATION: The proposed mitigation bank is located on a 119-acre farm in Athens, McMinn County, Tennessee (Latitude N 35.495666, Longitude W -84.700512). The proposed mitigation bank would rehabilitate 19,464 linear feet of Possum Creek and unnamed tributaries to Possum Creek, and enhance and preserve 64.1 acres of wetlands adjacent to Possum Creek and its tributaries.
PURPOSE: The Lodi Stream Mitigation Bank proposes to provide compensatory stream and wetland mitigation credits for permitted impacts within a primary service area comprised of the Hiwassee Watershed (HUC 06020002). The Bank’s proposed secondary service area includes the portions of the Middle Tennessee-Chickamauga (HUC 06020001), Watts Bar/Ft Loudoun (HUC 06010201), Ocoee (HUC 06020003), Conasauga (HUC 03150101), and Lower Little Tennessee River (HUC 06010204) watersheds within the State of Tennessee.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or
preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and
reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate establishment of the mitigation bank through the development of a mitigation banking instrument (MBI). The IRT will review the prospectus, instrument, and other appropriate
documents and provide comments to the USACE.
Approval of the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized to use the bank for compensation.
PROJECT DESCRIPTION: The project goals are to improve ecological functions within the ecosystem by creating a healthy and self-sustaining aquatic environment through rehabilitation of 19,464 linear feet of Possum Creek and tributaries to Possum Creek, and enhancement and preservation of 64.1 acres of wetlands adjacent to Possum Creek and its tributaries. Stream functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion, mprovement to aquatic and terrestrial habitat, and improvement to riparian stream buffers. Wetland functional uplift will be provided through restoration of wetland hydrology and improvement to aquatic habitat. The proposed stream mitigation approach involves a combination of creation of 2,331 linear feet of new stream channel, restoration of 10,175 linear feet of existing stream channel, and preservation of 6,867 linear feet of existing stream channel. The proposed wetland mitigation approach involves a combination of enhancement of 53.3 acres of wetland and preservation of 10.8 acres of wetland.
Details of the mitigation plan are contained in the Lodi Mitigation Bank Prospectus dated October 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot yet complete an effects determination for historic and cultural resources. The USACE invites
responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential to effect historic and cultural resources in compliance with Section 106 of the National Historic Preservation Act. If USACE determines that consultation is required, consultation with the Tennessee Historic Commission State Historic Preservation Officer (SHPO), and American Indian Tribes will follow, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to occur or believed to occur in McMinn County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Indiana Bat (Myotis sodalist)
Endangered
Gray Bat (Myotis grisescens)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
Clams
Cumberland Bean (pearlymussel) (Villosa trabalis)
Endangered
Fishes
Snail Darter (Percina tanasi)
Threatened
Flowering Plants
White Fringeless Orchid (Platanthera integrilabia)
Threatened
Copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Peyton S. Abernathy at the above address or via email:Peyton.S.Abernathy@usace.army.mil.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Service Layer Credits: Content may not reflect National Geographic's current
map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEPWCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
0
20,000
40,000
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM USGA NATIONAL MAP. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
Public Notice 18-52
File No. LRN-2018-00860
Exhibit A
McVEY PROPERTY BOUNDARY
SCALE:
FIGURE NO.
DATE:
1
SITE VICINITY MAP
1 "" = 20,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG3_EXISTING FEATURES MAP.mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit B
LODI STREAM MITIGATION BANK EXISTING AQUATIC RESOURCES MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Service Layer Credits: © 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018)
Distribution Airbus DS © 2018 HERE
Public Notice 18-52
File No. LRN-2018-00860
Exhibit C
0
1,000
2,000
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM BING AND NATIONAL WETLAND INVENTORY
(NWI) MAP OBTAINED FROM U.S. FISH AND WILDLIFE SERVICE (USFWS).. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
OTHERWISE.
McVEY PROPERTY BOUNDARY
LODI MITIGATION SITE
USFWS NWI MAP
WETLAND TYPE
FRESHWATER FORESTED/SHRUB WETLAND
FRESHWATER POND
RIVERINE
SCALE:
FIGURE NO.
DATE:
5
NATIONAL WETLAND INVENTORY MAP
1 "" = 1,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
SOILS WITHIN PROPERTY BOUNDARY:
AcF - Apison-Coile complex, 25 to 60 percent slopes
AsF - Apison-Sunlight complex, 25 to 60 percent slopes, very rocky
BeB - Bellamy silt loam, 1 to 5 percent slopes
Bm - Bloomingdale silty clay loam, occasionally flooded **
CnC2 - Coile silt loam, 5 to 12 percent slopes, eroded
CnD2 - Coile silt loam, 12 to 25 percent slopes, eroded
CnE3 - Coile silt loam, 5 to 35 percent slopes, gullied
CtC2 - Corryton-Townley complex, 5 to 12 percent slopes, eroded
Ha - Hamblen silt loam, clayey substratum, 0 to 3 percent slopes,
occasionally flooded **
SuC - Sunlight-Apison complex, 5 to 12 percent slopes, very rocky
SuD - Sunlight-Apison complex, 12 to 25 percent slopes, very rocky
TwB2 - Townley-Coile complex, 2 to 5 percent slopes, eroded
WoB - Wolftever silt loam, 1 to 5 percent slopes, occasionally flooded **
WoC - Wolftever silt loam, 5 to 12 percent slopes
** = Hydric Soils
Service Layer Credits: © 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018)
Distribution Airbus DS © 2018 HERE
Ha
Public Notice 18-52
File No. LRN-2018-00860
Exhibit D
0
1,000
McVEY PROPERTY BOUNDARY
2,000
LODI MITIGATION SITE
(FEET)
NRCS:USDA SOIL SURVEY
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM BING AND NRCS. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
SOILS WITHIN PROPERTY BOUNDARY
HYDRIC SOILS
SCALE:
FIGURE NO.
DATE:
4
NRCS SOILS MAP
1 "" = 1,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG7_MITIGATION SITE AERIAL MAP .mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit E
LODI STREAM MITIGATION BANK PROPOSED MITIGATION AERIAL MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG6_MITIGATION SITE TOPO MAP.mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit F
LODI STREAM MITIGATION BANK PROPOSED MITIGATION TOPO MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Kentucky
Virginia
PRIMARY SERVICE AREA
SECONDARY SERVICE AREA
8 DIGIT HYDROLOGIC UNIT CODE WATERSHED
TENNESSEE ECOREGION
ECOREGION 67
67f
67g
67h
67i
Tennessee
06010201
(WATTS BAR LAKE)
06010204
(LOWER LITTLE
TENNESSEE)
SITE
06020001
(MIDDLE TENNESSEECHICKAMAUGA
06020002
(HIWASSEE)
North Carolina
06020003
(OCOEE)
0Alabama
90,000
180,000
Georgia
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM USDA:NRCS AND ESRI. THIS MAP
IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS
DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY
INFORMATION, UNLESS STATED OTHERWISE.
Public Notice 18-52
File No. LRN-2018-00860
Exhibit G
Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey,
Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
SCALE:
FIGURE NO.
DATE:
12
SERVICE AREA AND ECOREGION MAP
1 "" = 90,000 '
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004","03150101, 06010201, 06010204, 06020001, 06020002, 06020003",,,,,Peyton S Abernathy,Peyton.S.Abernathy@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Plans for PN 18-52.pdf?ver=2018-12-03-113942-443,,,,,,
1709990,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1709990/public-notice-no-18-45-file-no-lrn-2010-01081/,,lrn,Nashville District,Stewart,,,Public Notice No. 18-45,Public Notice No. 18-45; File No. LRN-2010-01081,,2019-01-12,2018-12-11,,,1000,,,,"Proposed Barge Terminal and Fleeting at Cumberland River Mile 104.5, Left Bank, Barkley Lake, Cumberland City, Stewart County, Tennessee
Public Notice No. 18-45
Nashville District
Application No. LRN-2010-01081
Date: December 12, 2018; Expires: January 12, 2018
Please address all comments to: Nashville District U.S. Army Corps of Engineers|
(USACE), Regulatory Branch (Attn: Amy Robinson), 3701 Bell Road, Nashville, TN
37214, telephone (615) 369-7506, email: amy.m.robinson@usace.army.mil.
SUBJECT: Proposed Barge Terminal and Fleeting at Cumberland River Mile 104.5, Left Bank, Barkley Lake, Cumberland City, Stewart County, Tennessee
TO ALL CONCERNED: This project has been submitted for a Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and for approval of a Consent to Easement on Government flowage easement.
APPLICANT: George Ritchie
River Marine Service, Inc.
P.O. Box 115
Cumberland City, TN 37050
LOCATION: Cumberland River Mile 104.5, Left Bank, Real Estate Tract 8800E-1, Barkley Lake, in Cumberland City, Stewart County, Tennessee. USGS Quad Bumpus Mills, TN. Latitude 36.501154; Longitude -87.838425. Cumberland River Navigation Chart #15.
DESCRIPTION: The applicant is requesting to construct a barge terminal with fleeting area along approximately 1,000 linear feet of river frontage at the subject location. The proposed barge terminal would consist of a conveyor positioned on a spud barge, measuring 40’ wide x 200’ long. The terminal would accommodate one standard size barge (35’ wide by 200’ long) during off-loading operations. The spud barge and barge to be unloaded would extend riverward a maximum distance of 80 linear feet at normal winter pool (NWP) Elevation 354.0 and 100 linear feet at normal summer pool (NSP) Elevation 359.0’. The proposed fleeting area would be located immediately downstream of the terminal and provide moorage for 8 barges total. The fleeting area would be configured 2 barges wide (70 feet) by 4 barges long (800 feet) and would extend a maximum of 100 linear feet at NWP. The fleeted barges would be moored by installation of five deadmen anchors spaced at 200-foot intervals along the riverbank.
Approximately 200 linear feet of the river bank at the proposed terminal would be stabilized by placement of riprap from top elevation 361.0 to bottom elevation 354.0.
According to the applicant, the location has sufficient water depth at the barge terminal and fleeting area (minimal 9' draft depth) and dredging would not be required.
Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The purpose of the proposed barge terminal and fleeting area are to provide off-loading facilities for bulk synthetic gypsum for industries in the Cumberland City, Stewart County area. The proposed project is water dependent.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: As a
result of an onsite meeting with the applicant and U.S. Army Corps of Engineers (USACE), original plans for the proposed project were modified to minimize potential impacts on navigation, government property, tree removal (i.e., threatened and endangered species), and avoided wetlands located near the proposed work. This public notice addresses the modified plans. In addition, the location of the barge terminal and fleeting area were strategically located to minimize navigation impacts to commercial towing, recreational navigation, and on the nearby Cumberland City Ferry crossing.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the work, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the work, will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the people.
SOLICITATION OF COMMENTS: USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water
quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.
HISTORIC AND CULTURAL RESOURCES: A review of historic resources within the permit area as well as an area surrounding it was conducted by the Corps. There are no
properties listed on the National Register of Historic Places within the permit area. Tennessee Historical Commission and Division of Archaeology site files indicate the presence of numerous historic buildings and archaeological sites in the vicinity the permit area. The Corps is requesting a cultural resource survey of the permit area in order to complete an effects determination for historic and cultural resources.
The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon receipt of a cultural resource survey USACE would continue consultation under Section 106 of the National Historic Preservation Act with the State Historic Preservation Officer, American Indian Tribes, and other consulting parties, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any designated critical habitat. A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following federally-listed Threatened (T) and/or
Endangered (E) species that may occur or could potentially be affected by the activities in this location:
Group
Common Name/Scientific Name
Status
Determination
Plants
Price’s Potato-bean / Apios priceana
T
May affect; not likely to adversely affect
Mammal
Indiana bat / Myotis sodalis
E
May affect; not likely to adversely affect
Mammal
Gray bat / Myotis grisescens
E
May affect; not likely to adversely affect
Mammal
Northern Long-Eared Bat /
Myotis septentrionalis
T
May affect; not likely to adversely affect
No threatened and/or endangered aquatic species were identified in vicinity of the project. Tree removal would be required within the footprint of the proposed riprap bank stabilization, approximately 200 linear feet of shoreline. No designated critical habitat was identified in vicinity of the project. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or
endangered species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work include, but not limited to:
a. A Section 408 approval from the Nashville District may be required to ensure the work is not injurious to the public interest or impair the usefulness of the USACE Navigation project.
b. Consent to Easement from USACE Real Estate Office.
c. Water Quality Certification from the State of Tennessee may be required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson, at the above address, telephone 615-369-7506, or email amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above address or telephone number, or email.
/s/
Timothy C. Wilder Chief
West Branch Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-45 PLANS.pdf?ver=2018-12-11-105630-367,,,,,,
1710134,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1710134/special-public-notice-public-notice-no-18-40/,,lrn,Nashville District,,,,Announcement of the Completion and Availability of the Tennessee Stream Quantification Tool (TN SQT) Version 1.0,Special Public Notice (Public Notice No. 18-40),,2019-01-10,2018-12-11,,,,,,,"Announcement of the Completion and Availability of the Tennessee Stream Quantification Tool (TN SQT) Version 1.0; Tennessee Department of Environment and Conservation (TDEC) Public Notice on the TN Stream Mitigation Guidelines, including the Draft Tennessee Debit Tool; and Solicitation of Comments on Proposed Corps of Engineers Nashville and Memphis Districts, Temporal Loss Assessment and Proximity Factor Assessment for Compensatory Mitigation
Special Public Notice (Public Notice No. 18-40)
Nashville District
Application No. N/A
Date: December 11, 2018;Expires: January 10, 2018
Please address all comments to: Nashville District Corps of Engineers, Regulatory Branch
(Attn: Joshua Frost) 3701 Bell Road, Nashville, TN 37214
SUBJECT: Announcement of the Completion and Availability of the Tennessee Stream Quantification Tool (TN SQT) Version 1.0; Tennessee Department of Environment and Conservation (TDEC) Public Notice on the TN Stream Mitigation Guidelines, including the Draft Tennessee Debit
Tool; and Solicitation of Comments on Proposed Corps of Engineers Nashville and Memphis Districts, Temporal Loss Assessment and Proximity Factor Assessment for Compensatory Mitigation
PURPOSE: The purpose of this public notice is to announce to Department of the Army (DA) permit applicants, sponsors, consultants, industry, and the general public the availability of the TN SQT; promote awareness of TDEC’s notice for public comment on the Draft Stream Mitigation Guidelines, including the TN Debit Tool; and to solicit comment on the Nashville and Memphis Districts’ consideration of Temporal Loss and Proximity Factor assessments for compensatory mitigation.
Comments on the Tennessee Debit Tool and associated supporting documents are being accepted by TDEC through January 10, 2019. All comments can be emailed to Vena.L.Jones@tn.gov. Comments on the Temporal Loss and Proximity Factor assessments will be accepted by the Corps within 30 days from
the date of this notice.
TN DEBIT TOOL AVAILABILITY AND APPLICABILITY: The Nashville and Memphis U.S.
Army Corps of Engineers (Corps) have worked as partners with TDEC, US Environmental Protection Agency, Stream Mechanics, LLC, the Tennessee Interagency Review Team (IRT), and others to develop a regionalized stream assessment. The IRT is comprised of the following agencies: TDEC,
U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), Natural
Resources Conservation Service (NRCS), Tennessee Wildlife Resources Agency (TWRA), Tennessee Valley Authority (TVA), and Corps (IRT chair). The TN Debit Tool is an application of the TN SQT specifically for calculating functional loss associated with permitted impacts, developed to assist the public and regulatory agencies in assessing streams to support permit decisions. Links to the TN Debit Tool and supporting documents are provided below:
TN Debit Tool (Draft)
https://www.tn.gov/environment/ppo-public-participation/ppo-public-participation/ppo-water.html
Data Collection and Analysis Manual (Draft)
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-data- collection-and-analysis-manual-DRAFT.pdf
Rapid Data Collection Methods
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-rapid-data- collection-methods-DRAFT.pdf
Spreadsheet User Manual
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-spreadsheet-user-manual-DRAFT.PDF
List of Metrics
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_arap-tn-sqt-list-of-metrics-113017.xlsx
Tennessee Stream Quantification Tool v 0.99
https://www.tn.gov/content/dam/tn/environment/water/documents/ppo_water_tn-sqt-tool-v0.99.xlsx
Our intent in participating in the development of the TN Debit Tool is to provide an assessment methodology that will provide clear expectations to the public, a consistent and more efficient review that is rooted in sound science and is compliant with all applicable laws. Additionally, the resulting joint development effort with TDEC, Nashville and Memphis Districts will support the use of the TN SQT by both state and federal agencies across the state of Tennessee, further supporting
a consistent regulatory review.
The TN SQT and Debit Tool are not certified for use in Corps Civil Works ecosystem restoration and mitigation projects. In May 2005, the Corps established a Model Certification process known as the Planning Models Improvement Program (PMIP) to review, improve and validate analytical tools and models for Corps Civil Works business programs [Engineering Circular (EC) 1105-2-412]. The EC requires use of certified models for all planning activities and tasks the Ecosystem Restoration
Planning Center of Expertise (ECO-PCX) to evaluate the technical soundness of models used in ecosystem restoration and mitigation projects. The TN SQT and TN Debit Tool are not encumbered by the EC and will undergo separate evaluation by ECO-PCX should Corps Civil Works Planning have an interest in using this assessment methodology.
TEMPORAL LOSS BACKGROUND: Temporal loss is the time lag between the loss of aquatic resource functions as a result of permitted impacts and the replacement of aquatic resource functions at the compensatory mitigation site. The Federal Mitigation Rule states that compensation ratios of greater than 1:1 can be applied to account for factors including temporal loss and the difficulty of restoring or establishing certain wetlands/aquatic resources (33 C.F.R. 332.3 (f)).
Implementation of the compensatory mitigation project shall be, to the maximum extent practicable, in advance of or concurrent with the activity causing the authorized impacts. The district engineer shall require, to the extent appropriate and practicable, additional compensatory mitigation to offset temporal losses of aquatic functions that will result from the permitted activity (33 C.F.R. 332.3 (m)). The Final Mitigation Rule stipulates that ILF Programs must complete land acquisition and initial physical
and biological improvements by the third full growing season after the first advance credit in that service area is secured by a permittee, (33 C.F.R. 332.8 (n)(4)). When the compensatory mitigation project is initiated prior to, or concurrent with, the permitted impacts, the district engineer may
determine that compensation for temporal loss is not necessary, unless the resource has a long development time (33 C.F.R. 332.3 (f)).
TEMPORAL LOSS ASSESSMENT APPLICABILITY AND RATIONALE: The Nashville and Memphis District, is soliciting comments regarding the evaluation of temporal loss in permit decisions. For every Nashville and Memphis District permit action requiring compensatory mitigation, in which the applicant proposes to use ILF Program Advance Credits, or provide permittee-responsible mitigation (PRM) after the permitted impacts have occurred, the district shall offset temporal loss by adding a 3% per year multiplier to the required mitigation amount. If impacts are proposed to be offset through the purchase of advanced credits from an ILF Program
Provider that has not sold its first advanced credit within a particular service area, the temporal loss multiplier would be assessed at 12%, considering ILF Programs have three full growing seasons to implement the initial physical and biological improvements on a project once the first credit is sold, plus one year for the site to begin providing functions post construction. Additional temporal loss multipliers would be utilized if the
ILF exceeded the standard timeframe to implement the initial physical and biological improvements, provided the proposed mitigation was determined to be appropriate. If PRM is determined appropriate to compensate for permitted losses, an additional 3 % per year temporal loss factor would be assessed for PRM projects constructed after the permitted impacts occurred. The same
practice would apply for PRM projects that have been determined unsuccessful during or after the required monitoring period by the Corps, and a time lag has occurred between impact and mitigation construction to replace loss functions.
The methodology for adopting this specific percentage for compensating for temporal loss was adapted from the economic discount rate used in Habitat Equivalency Analysis (HEA), which is a Damage Assessment and Restoration Program utilized by the National Oceanic and Atmospheric Administration. The economic discount rate is based on the standard economic assumption that the public places a greater value on having resources available in the present rather than having their
availability delayed until the future. The economic literature supports a discount rate of approximately 3% per year.
PROXIMITY FACTOR BACKGROUND: If the district engineer determines that compensatory mitigation is necessary to offset unavoidable impacts to aquatic resources, the amount of required compensatory mitigation must be, to the extent practicable, sufficient to replace lost aquatic resource functions (33 C.F.R. 332.3 (f)(1)). The district engineer must require a mitigation ratio greater than one-to-one where necessary to account for the distance between the affected aquatic resource
and the compensation site (33 C.F.R. 332.3 (f)(2)).
PROXIMITY FACTOR APPLICABILITY AND RATIONALE: The Nashville and Memphis District is soliciting comments on a draft proximity factor tool to assess compensatory mitigation that is proposed to offset unavoidable impacts to waters of the United States in areas outside the impact 8
digit HUC, ecoregion, approved mitigation bank or in-lieu fee service areas, etc. With the exception of wildlife habitat support for some species, most functions are best offset within the same watershed and ecoregion. The agencies recognize that the relevance of a mitigation effort is diminished as the primary watersheds of the mitigation site and impact site become further removed. Diminishing relevance expresses the relationship of the compensatory mitigation area and how it relates to the impact site. We also need to evaluate the relative importance of these functions to the watersheds of the impact site and the mitigation bank. To do this, the proportion of functions
performed in the watershed of the impact
site is compared to the sum of the amount of functions available in both the impact site and mitigation bank watersheds. A simple way to numerically score this concept is to proportionally relate the HUC area of the impact site watershed to the total area of both watersheds. The
proximity calculator should generally be used to evaluate impacts and compensatory mitigation occurring within the same Major River Drainage or same Level III Ecoregion. Mitigation proposed outside Major River Drainages or Level III Ecoregions will be reviewed on a case-by-case basis. For mitigation that may occur outside a Major River Drainage or same Level III Ecoregion, we are soliciting comments on how mitigation amounts should be assessed for these instances. We are also
soliciting comments regarding considerations for a proximity factor for ILF programs. ILF programs must utilize a compensation planning framework to cite mitigation sites in accordance with 33 C.F.R. 332.8(c). However, factors such as economic viability, urban vs. rural areas, etc. are considered in developing service areas, which can result in larger service areas (33 C.F.R. 332.8(d)(6)(ii)(A). In these instances, mitigation sites may not be developed in close proximity to impacts. Additionally, compensatory mitigation proposed to occur more than 3 HUCs from the impact site would require additional consideration during permit application review. Other methods to calculate a proximity factor may be considered on a case-by-case basis. The proximity factor tool is located at the following website:
https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/Scott- Website%20Content/DRAFT%20TN%20Proximity%20Calculator%20for%20Public%20Comment.xl
sx?ver=2018-12-06-095553-967
PUBLIC HEARING REQUESTS: In accordance with 33 C.F.R. 325.3, any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider this action. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.
SOLICITATION OF COMMENTS: The Nashville and Memphis District is soliciting comments from the public, Federal, State, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of the addition of the draft Temporal Loss and Proximity Factor assessments. Comments associated with the TN Stream Mitigation Guidelines, including the TN Debit Tool, can be emailed to Vena.L.Jones@tn.gov. We appreciate your awareness and participation in the development of procedures to provide regulatory decisions that are consistent, transparent, rooted in sound science and compliant with applicable laws.
CONTACT INFORMATION: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory Division, Attention: Mr. Mark G. McIntosh at the above address or by email: mark.g.mcintosh@usace.army.mil.
\s\ \s\
Tammy R. Turley Gregg Williams
Chief, Nashville Regulatory Division Chief, Memphis Regulatory Branch",,,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,,,,,,,
1720061,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1720061/draft-environmental-assessment-for-installation-of-an-asian-carp-deterrent-syst/,,lrn,Nashville District,,,,The U.S. Fish and Wildlife Service (USFWS),"DRAFT Environmental Assessment for Installation of an Asian Carp Deterrent System at Lake Barkley Lock and Dam Project, Lyon/Livingston Counties, Kentucky",,2019-01-21,2018-12-21,,,,,,,"The U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, University of Minnesota, and Kentucky Department of Fish and Wildlife Resources (KDFWR) are proposing to install and evaluate a three-year test or demonstration to determine the effectiveness of a fish deterrent system at restricting or reducing movement of Asian carp through the Barkley Lock chamber, owned and operated by the U.S. Army Corps of Engineers. The efforts is funded by the USFWS. The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposal to evaluate environmental effects associated with installation.
The U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, University of Minnesota, and Kentucky Department of Fish and Wildlife Resources (KDFWR) are proposing to install and evaluate a three-year test or demonstration to determine the effectiveness of a fish deterrent system at restricting or reducing movement of Asian carp through the Barkley Lock chamber, owned and operated by the U.S. Army Corps of Engineers. The efforts is funded by the USFWS. The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposal to evaluate environmental effects associated with installation.
U.S. ARMY CORPS OF ENGINEERS
NASHVILLE DISTRICT
FINDING OF NO SIGNIFICANT IMPACT
Installation of Asian Carp Deterrent System
Environmental Assessment
1. The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared an
Environmental Assessment (EA) in accordance with the National Environmental Policy
Act of 1969, as amended (NEPA), Council on Environmental Quality regulations (40
CFR, 15001508), and the Corps Engineer Regulation (ER) 200-2-2, 1988, (Procedures
for Implementing NEPA). The EA was prepared to evaluate environmental effects
associated with installation a bio-acoustic fish fence (BAFF) in the downstream Lake
Barkley Lock approach channel, as part of a proposed Corps Real Estate license. The
U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, University of
Minnesota, and Kentucky Department of Fish and Wildlife Resources (KDFWR) are
proposing to install and evaluate a three-year demonstration to determine the
effectiveness of the BAFF fish deterrent system at reducing movement of Asian carp
through the Lake Barkley Lock chamber, which is owned and operated by the Corps.
The effort is being funded by the USFWS. Authorization for the study is provided by
Public Law 85-624 which states that management of fish/wildlife is an authorized
purpose of Barkley Lock and Dam. In addition, Section 1039(b)1 of the Water
Resources Reform and Development Act (WRRDA) of 2014, provides authorization to
slow the spread of Asian carp in the upper Mississippi and Ohio river basins and
tributaries.
2. Asian carp have become a major concern in the Mississippi River basin. Movement
through lock systems are the primary means of upstream reservoir access for invasive
fish such as Asian carp. Two alternatives were considered in the EA: ""No Action"" and
""Installation of the BAFF"" (Proposed Alternative). The proposed BAFF uses customized
sound signals, directional strobe lighting, and an air bubble curtain to produce an
underwater linear deterrent for movement of fish through the lower miter gate opening
of the lock. Additional modifications are being considered to address or monitor
movement of Asian carp through the lock discharge port system, as well. While the
BAFF is in place, fisheries researchers would use existing telemetry receivers and other
electronic devices to assess the extent of Asian carp movement through Barkley Lock.
-2-
3. An Individual Water Quality Certification (WQC) is required from the Kentucky
Division of Water under Section 401 of the Clean Water Act. KDOW is currently
reviewing an application for WQC submitted by the Corps on 13 August 2018.
4. Intra-Service Consultation under Section 7 of the Endangered Species Act is
currently being conducted, in cooperation with the Corps, between USFWS Region 3
and the Kentucky Ecological Services, Region 4. Consultation would be completed
before issuance of the Corps license to construct the project.
5. The primary requirements for the consideration of cultural and historic resources for
this action stem from Section 106 of the National Historic Preservation Act of 1966
(NHPA) as implemented by regulations at 36 CFR 800. The Kentucky Heritage Council
concurs with the Corps' finding of, ""No Adverse Effects to Historic Properties"" per letter
dated 13 September 2018 on the condition that the proposed air compressor (and other
associated equipment) be dark-colored and compatible in color with the existing
equipment/infrastructure at Lake Barkley Lock.
6. I have reviewed the final EA and the public and agency comments, in light of the
general public interest. All applicable laws, executive orders, regulations, and local
government plans were considered in the evaluation of the alternatives. It is my
determination that the recommended plan does not constitute a major federal action
that would significantly affect the human environment; therefore, preparation of an
Environmental Impact Statement is not required.
DATE
__________________________
Cullen A. Jones, P.E., PMP
Lieutenant Colonel, U.S. Army
District Commander
DRAFT ENVIRONMENTAL ASSESSMENT
Asian Carp Deterrent System, Lake Barkley Lock and Dam, Lyon/Livingston County,
Kentucky
December 20, 2018
For Further Information
Contact:
Cody A. Flatt, Biologist
U.S. Army Corps of Engineers
Nashville District
Project Planning Branch
Telephone: (615) 736-7954
Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
Contents
1.0 PURPOSE AND NEED FOR ACTION ...................................................................... 1
1.1 Authorization ......................................................................................................... 1
1.2 Purpose and Need ................................................................................................ 2
1.3 Issues and Opportunities....................................................................................... 2
2.0 ALTERNATIVES CONSIDERED............................................................................... 3
2.1 Alternative 1- No Action Alternative ....................................................................... 3
2.2 Alternative 2 (Installation of BAFF System) ........................................................ 3
3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES ................. 4
3.1 Climate, Physiology, Soils and Land Use .............................................................. 4
3.2 Aquatic Resources ................................................................................................ 4
3.3 Water Quality ........................................................................................................ 6
3.4 Wetlands ............................................................................................................... 7
3.5 Terrestrial Resources ............................................................................................ 7
3.6 Archeological and Historic Resources ................................................................... 8
3.7 Threatened and Endangered Species ................................................................... 9
3.8 Hazardous, Toxic, and Radioactive Waste .......................................................... 11
3.9 Health and Safety ................................................................................................ 11
3.10 Recreation and Scenic Resources .................................................................... 12
3.11 Socioeconomics ................................................................................................ 12
3.12 Air Quality .......................................................................................................... 14
3.13 Navigation ......................................................................................................... 14
4.0 CUMULATIVE IMPACTS ........................................................................................ 15
5.0 ENVIRONMENTAL COMMITMENTS, PERMITS, AND APPROVALS ................... 17
6.0 ENVIRONMENTAL COMPLIANCE ......................................................................... 17
6.1 Executive Order 11990-Wetlands ....................................................................... 17
6.2 Farmland Policy Protection Act (FPPA)............................................................... 17
6.3 Executive Order 11988-Floodplain Management ................................................ 17
6.4 Clean Water Act .................................................................................................. 18
6.5 Endangered Species Act ..................................................................................... 18
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Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
6.6 Fish and Wildlife Coordination Act....................................................................... 18
6.7 National Historic Preservation Act ....................................................................... 18
6.8 Executive Order 13514 Environmental Justice ................................................. 19
6.9 Clean Air Act ....................................................................................................... 19
6.10 Comprehensive Environmental Response, Compensation, and Liability Act .... 20
6.11 Resource Conservation and Recovery Act ........................................................ 20
6.12 Executive Order 13653 (Climate Change)......................................................... 20
7.0 PUBLIC AND AGENCY COORDINATION .............................................................. 20
7.1 Public and Agency Involvement .......................................................................... 20
7.1.1 Public Notice/Scoping Letter ............................................................................ 21
7.1.1.1 Public Comments .......................................................................................... 21
7.1.1.2 Federal Agency Comments ......................................................................... 21
8.0 CONCLUSION ........................................................................................................ 21
Table 1. Federal and State Listed Species in Livingston/Lyon Counties, Kentucky ...... 10
Appendix A: Vicinity Map
Appendix B: Illustration of Bio-Acoustic Fish Fence
Appendix C: Scoping Notice for Proposed Installation of Asian Carp Deterrent System
Appendix D: Cultural 106
Appendix E: Scoping Notice Public Comments
Appendix F: KDFWR Asian Carp Deterrent System Press Release
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
1.0 PURPOSE AND NEED FOR ACTION
The U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, University of
Minnesota, and Kentucky Department of Fish and Wildlife Resources (KDFWR) are
proposing to install and evaluate a three-year test or demonstration to determine the
effectiveness of a fish deterrent system at restricting or reducing movement of Asian
carp through the Barkley Lock chamber, owned and operated by the U.S. Army Corps
of Engineers (Corps). A vicinity map of the project area is located in Appendix A. The
proposed project would test a bio-acoustic fish fence (BAFF) installed in the
downstream Barkley Lock approach channel. Modification or monitoring of fish
movement through the Barkley Lock filling and emptying system may also be
implemented for this demonstration. Information gathered from this research would
inform possible installations of BAFF systems at other sites in the Mississippi and Ohio
River basins. The proposed project supports a recommendation of the National
""Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the
United States (2007)"".
Funding for the installation and operation of the BAFF during this trial would be provided
by the USFWS, including funding Corps labor for design review and construction
oversight. The USFWS is the lead agency in management efforts to control Asian carp
by law. The BAFF is considered a ""technology test"" and it is recognized that Asian carp
are already present upstream of Barkley Lock and Dam. Permanent installation of a
BAFF would require additional approval. If successful and approved, BAFF placement
could become permanent at Barkley Lock or at other navigation locks on the Tennessee
or Cumberland Rivers.
1.1 Authorization
This Environmental Assessment (EA) is being prepared by the Nashville District (Corps)
to provide NEPA coverage for the Corps' Real Estate License allowing the USFWS to
install the BAFF at the Barkley project. Authorization is provided by Public Law 85-624
which states Fish/Wildlife is an Authorized Purpose of Barkley Lock and Dam. In
addition, section 1039(b)1 of the Water Resources Reform and Development Act
(WRRDA) of 2014, provides authorization to slow the spread of Asian carp in the upper
Mississippi and Ohio river basins and tributaries. Barkley Dam and Lake Barkley is a
multiple-purpose project that was originally authorized by the Flood Control Act of 1954
and the River and Harbor Act of September 4, 1954 (Public Law 780, 84rd Congress,
2nd Session) for the purposes of navigation, flood control, and hydroelectric power.
Additional authorized project purposes added by subsequent legislation include water
quality, recreation, and fish/wildlife. This EA is prepared pursuant to the National
Environmental Policy Act (NEPA), Council on Environmental Quality regulations (40
CFR, 15001508), and the Corps Engineer Regulation (ER) 200-2-2, 1988, Procedures
for Implementing NEPA.
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
1.2 Purpose and Need
The purpose and need for this EA is to consider potential environmental or other
impacts from the installation of an Asian carp deterrent system. Asian carp have
become a major concern in the Mississippi River basin. Movement through lock
systems are the primary means of upstream reservoir access for invasive fish such as
Asian carp. The BAFF uses customized sound signals, directional strobe lighting, and
an air bubble curtain to produce an underwater linear deterrent for movement of fish
through the lower miter gate opening of the Lock. Additional modifications are being
considered to address or monitor movement of Asian carp through the lock discharge
port system, as well. While the BAFF is in place, fisheries researchers would use
existing telemetry receivers and other electronic devices to assess the extent of Asian
carp movement through Barkley Lock. Similar locations to Barkley Lock, such as
Kentucky Lock and the canal that joins Lake Barkley and Kentucky Lake, were also
considered for possible placement of demonstration BAFF systems in the initial
screening of placement sites, but the existing telemetry system, lack of potential
interferences from construction activity (which occurs at KY Lock) and the large number
of Asian carp in the Barkley tailwater make this an ideal location for this research.
1.3 Issues and Opportunities
""Asian carp"" refers to several species of related fish that originated from Asia and as
many as ten species of Asian carp are considered invasive around the world. In North
America, the term ""Asian carp"" refers to four species: silver carp (Hypophthalmichthys
molitrix), bighead carp (Hypophthalmichthys nobilis), grass carp (Ctenopharyngodon
idelle) and black carp (Mylopharyngodon piceus). Overtime, Asian carp have been
transported and introduced around the world. Asian carp were imported to the United
States in the 1970s for various utilitarian uses. Silver and bighead carp have been
stocked in municipal sewage lagoons for phytoplankton control, grass carp have been
stocked nationally by public and private entities as a biological control for aquatic
weeds, and the black carp has been used as a biological control for snail borne
parasites in the commercial aquaculture production ponds. Subsequent flooding events
in the southern U.S. allowed Asian carp to escape confinement and enter the
Mississippi River system. Asian carp eventually spread into tributaries of the
Mississippi River like the Ohio, Missouri and Illinois.
Currently, Asian carp are in direct competition with native aquatic species for food and
habitat. The introduction of Asian carp is posing a major threat to the ecology,
environment, economy, safety, and way of life in North America. ""The spread and
subsequent impacts of nonnative species introductions is perhaps one of the most
serious and least reversible human-induced changes occurring around the world.""
(Mooney HA, RJ Hobbs; Invasive species in a changing world)
The proposed installation site for the BAFF system is located on the Cumberland River.
The Cumberland River is 688 miles long and drains almost 18,000 square miles of
southern Kentucky and north-central Tennessee. The river flows generally west from a
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
source in the Appalachian Mountains to its confluence with the Ohio River near
Paducah, Kentucky at Ohio River mile 923. Barkley Lock is the most downstream of
four navigation locks on the Cumberland River system. It is located 30.6 miles from the
confluence of the Cumberland and Ohio Rivers. Kentucky and Barkley Lakes are joined
by an open-canal two miles above the Barkley Dam.
The BAFF system would be installed on the river bottom in the downstream lower lock
approach. In addition, monitoring and/or deterrents would be considered in the lock
chamber filling/emptying system. Appendix B shows an illustration of the system's use
and typical underwater BAFF equipment. Other supporting parts of the BAFF system,
such as air compressors and system controls, would be installed on or near the
downstream lock walls. The BAFF system requires a level river bed for placement, so
dredging or rock removal is required to prepare the river bed and to remove upstream
bed load to reduce anticipated operation and maintenance concerns. Dredging is also
required to install the BAFF below an elevation (at or below elevation 289 feet) to avoid
inhibiting lock entry at low river levels or damage to BAFF equipment.
2.0 ALTERNATIVES CONSIDERED
The proposed project would conduct a three-year test of a bio-acoustic fish fence to
determine the effectiveness of deterring, restricting or reducing movement of Asian carp
through Barkley lock chamber. In addition to BAFF placement in the lower approach of
Barkley Lock chamber, discharge port modification and/or implementation of BAFF
components such as sound-only speakers near or on discharge ports or elsewhere in
the lock filling system may also be considered for this test. The project is a
collaboration between multiple agencies and information gathered from this project
would inform possible installations of BAFF systems at other sites. Alternatives
considered in this EA shall be limited to the No Action Alternative (Alternative 1) and the
installation of the BAFF system (Alternative 2).
2.1 Alternative 1- No Action Alternative
Under Alternative 1, the installation of the BAFF system would not occur. The No
Action Alternative would not require the placement of BAFF equipment on or around
Barkley Lock or any instream construction. This alternative would not allow the testing
of a potential control technology for Asian carp, therefore, would not be overall
beneficial to the environment.
2.2 Alternative 2 (Installation of BAFF System)
Alternative 2 (Proposed Alternative) would allow the installation of BAFF which is
intended to deter Asian Carp. Equipment placement and instream construction could
have short-term negative effects such short-term lock delays and/or minor turbidity.
However, this alternative is preferred because of the potential long term benefits of
providing a control technology to limits the movement of Asian carp at large navigation
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
locks. The BAFF is an ideal system for deterring Asian carp at Barkley Lock because a
physical barrier could impede commercial navigation traffic. The BAFF system is
comprised of a modular row of speakers encaged by metal support frame. The support
system also houses multiple lights and air emitting pipes. The complete system would
be retained in a protective concrete encasement anchored to bedrock. The BAFF
utilizes an air bubble curtain to contain a sound signal, creating a ""wall of sound"" that
targets the Asian carp's many well-developed senses that detect and enable the fish to
react to different stimuli, such as light sound, vibration, etc. Parameters of the sound,
air, and light volumes are dynamic and can be modified or adapted for changing
situations. With this alternative, all systems described above in Section 1.0 would be
implemented.
3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES
Affected resources and potential environmental impacts resulting from implementing the
No Action alternative (Alternative 1) or the Proposed Alternative (Alternative 2) are
considered in detail.
3.1 Climate, Physiology, Soils and Land Use
Barkley Dam and Lake Barkley is located in south western Kentucky in an area of
gentle to moderately rolling hills within the Western Highland Rim. Rock in this subregion is mostly comprised of limestone, chert, shale, and sandstone and soils are
predominately Ultisols and Alfisols as well with Inceptisols found in bottom areas (EPA
2018b). Most of the land surrounding the lake is rural farmland scattered with small
towns. On the western side of the lake is the Land Between the Lakes National
Recreational Area which is comprised of 170,000-acres. The climate in the Barkley
Dam area is moderate. Winds predominantly blow from the south or southwest with an
average annual high temperature of 71 degrees Fahrenheit (F) and an average annual
low of 49 degrees F. Growing season is approximately 200 days, extending from April
to October with an average annual precipitation being 51 inches (U.S. Climate, 2018).
Alternative Impacts:
Neither No Action nor Action alternatives would affect Climate, Physiology, Soils, or
Land Use resources.
3.2 Aquatic Resources
The Cumberland River at Barkley Lock and Dam has a diverse fishery. The lower
Cumberland River mile 10.2 11.9 is classified as an outstanding state resource water
(OSRW) by Kentucky Division of Water (KDOW) due to the presence of an endangered
mussel. The lower Cumberland River is a meandering channel with river depths often
influenced by levels on the Ohio River and hydropower discharges from Barkley Dam.
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
Habitat of Lake Barkley ranges from deeper areas running the length of the main
channel along the thalweg to large areas of inundated floodplain with shallower depths,
many of which have wetlands forming along the fringes. Barkley Dam and Lake Barkley
tailwaters are classified by KDOW as Warm Water Aquatic Habitat and supports sport
fisheries of approximately 70 fish species. These species can be divided into four
categories: game fish, rough fish, forage fish, and invasive fish.
The most sought after of the four categories is the game fish. Species such as the
black basses (largemouth bass and spotted bass), temperate basses (white bass and
yellow bass), crappie (white and black), and sauger are very popular for recreational
fishermen.
Rough fish species include the catfish (blue, channel, and flathead), bullheads (brown,
black, and yellow), carp, buffalo (smallmouth, bigmouth, and black), drum, gar (spotted,
shortnose and longnose), bowfin, redhorse (river, black and golden), carpsuckers,
stoneroller, and paddlefish. Like game fish, these species are also targeted by anglers.
Also, the abundance of rough fish attracts a commercial fishing interest.
The dominant forage fishes include skipjack herring, gizzard shad, and threadfin shad
with shiners and minnows comprising lesser abundances. The KDFWR and/or
Tennessee Wildlife Resources Agency (TWRA) have primary responsibility for fisheries
management in Lake Barkley.
Invasive fish species like the Asian carp (silver, grass, black, and bighead) are
becoming more prevalent in the tailwater and within Lake Barkley. An invasive species
is an introduced species that has established itself and threatens the diversity and/or
stability of a native species or environment. Asian carp's associated negative impacts
threaten the aquatic resources of the Cumberland and Tennessee River systems since
the two rivers are connected by a canal. Silver and Bighead carp primarily feed on
algae and invertebrates. Black carp diet consists of snails, mollusks, crustaceans,
aquatic insects, and fish eggs. Grass carp eat aquatic weeds, mosses, and grasses.
Asian carp generally prefer slow moving water but will seek out high, fast moving water
when laying eggs causing them to migrate upstream in anticipation of spawning. This
innate desire, causes them to spread in search of new spawning locations. According
to KDFWR website, Asian carp females are capable of producing over 1 million eggs
annually, causing their numbers to grow at an alarming rate. With no predation coupled
with their population increase, they have the capability to dominate and effectively push
out native fish species. Additionally, silver carp pose a danger to boaters due to the
jumping behavior they exhibit when startled.
Aquatic habitat in the immediate area of the BAFF consists of bedrock in the middle
two-thirds of the lower lock approach channel with narrow bands of mounded
gravel/cobble along the lock guide walls. These bands of material are likely suspended
from towboat prop wash as vessels enter and exit the lock. A mussel survey was
performed by the Tennessee Wildlife Resources Agency in September 2018 in support
of this project. In a five day effort, a total of 587 mussels consisting of 15 species were
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Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
relocated to similar substrate outside of the construction footprint of the BAFF.
However, additional dredging was proposed during the 60 percent design submittal.
The additional area was proposed to reduce concentration of fish at the barrier. One
individual of the federal endangered Fat pocketbook (Potamilus capax) mussel was
encountered in the mussel survey. All but a few individuals were collected from the
gravel/cobble mounds along the guide walls. Endangered Species Act compliance is
discussed later in this EA.
Alternative 1 No Action Alternative:
The No Action Alternative would deny the research and development testing to evaluate
the effectiveness of the BAFF as a tool for restricting Asian carp movement through
navigation locks. Without development of tools to limit movement of Asian carp through
navigation locks, upstream fisheries are at a higher risk of being compromised. Silver
and bighead carp are thought to compete with native fish that feed on phytoplankton.
Alternative 2 Installation of BAFF:
This alternative is proposed because of long-term benefits to develop tools for limiting
the movement of Asian carp through navigation locks. If a BAFF successfully limits
Asian carp passage, it would be a positive tool for protecting native aquatic resources
upstream of the BAFF. While Asian carp are currently present in the lake, they are not
believed to be successful in reproducing in the lake. So an effective barrier may be
utilized with other control methods to eventually reduce the population and associated
impacts of Asian carp. The installation of the BAFF system is a three year test to
evaluate the effectiveness of the system. If successful, similar systems would be
considered for other key locations to limit the spread of Asian carp.
Alternative 2 would allow the installation of the BAFF system. There would be some
temporary impacts to aquatic resources in the immediate vicinity of the BAFF. Dredging
and rock removal would be required to develop a level bottom for the BAFF. Dredging
is required to place the BAFF deep enough that barges can safely pass over it at low
river levels. Impacts associated with BAFF installation and operation include mussel
relocation, potential effects of BAFF operations on movement of native fish species and
minor turbidity generated during installation. The effects on native fish species would
be part of the research effort of the fisheries scientists monitoring the system. In pond
settings, the BAFF seems to be more effective on Asian carp than native species.
These localized impacts are weighed against potential benefits of an effective barrier
which is thought to have much greater significance from a regional standpoint.
3.3 Water Quality
Water quality is influenced by reservoir releases from upstream projects as well as
runoff from the local watershed. The presence of the Barkley-Kentucky Canal can result
in some flow originating from Kentucky Lake since there is often a preference to
generate hydropower via Barkley Powerhouse. Lake Barkley is a ""run of the river"" lake,
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U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
meaning it is an impounded mainstem Cumberland River project providing navigation.
Lake Barkley maintains a riverine appearance, at its widest location, the lake is 1.6
miles across. The overall water quality of Lake Barkley is generally good and meets
water quality standards associated with warmwater aquatic habitat. The riverine
characteristics and flow from upstream lakes result in a lack of strong thermal
stratification.
Water quality conditions in the Barkley Dam tailwater and downstream are generally of
high quality, supporting an excellent fishery and an improving freshwater mussel fauna.
Dissolved oxygen levels generally meet water quality standards of 5.0 mg/L due to
weak stratification in lake.
Alternative 1 No Action Alternative:
The No Action Alternative would have no direct effect on water quality. No construction
would take place. Water quality effects of the larger Asian carp problem would continue
without development of barrier technology to control movement of Asian carp. For
example, competition between native fish and Asian carp for phytoplankton and
zooplankton may negatively affect the availability of food sources for native fish.
Alternative 2 Installation of BAFF:
The installation of the BAFF requires some dredging of gravel and cobble along the
guide walls and removal of bedrock to ensure adequate depth to install the equipment
without inhibiting navigation traffic. The small area to be dredged and consistency of
the substrate (gravel, sand and cobble) should result in only minor short-term and
localized effects on water quality. The dredging and equipment installation requires
Section 401 Water Quality Certification from the Kentucky Division of Water. The
effects on water quality would be minor and negligible.
3.4 Wetlands
No wetlands are present within the proposed project's footprint. Therefore, no impacts
are associated with either alternatives.
3.5 Terrestrial Resources
Alternative 1 No Action Alternative:
The No Action Alternative would not require any disturbance of terrestrial resources.
Current conditions would remain ""as is"".
Alternative 2 Installation of BAFF:
Alternative 2 would allow the installation of the BAFF system and other equipment
required for the project purpose. During installation, short term equipment staging
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Lake Barkley Lock and Dam
would occur in a grassed area. The proposed BAFF system would be installed mostly
under the surface of the Cumberland River. Other equipment such as compressor,
electrical lines, and control command system would be placed on or adjacent the lock
facility. This equipment would be placed on the lock wall or onto previously disturbed
grassed area with minimal habitat in upland areas. Minor terrestrial impacts are
expected to result from this activity. Dredge material would be either used for road fill
on site or disposed of at a landfill or previously-disturbed disposal area. All dredge
material would be placed in previously disturbed areas low habitat areas. Some minor
ground disturbance and tree removal adjacent to the railroad shoulder and grassed
areas would occur should a dedicated power line be required to provide power for the
BAFF. This line would be routed from Depot Road to the Lock site adjacent to the
railroad shoulder. Attempts are being made to provide power from Barkley's Station
Service Supply, subject to verification of adequate supply.
3.6 Archeological and Historic Resources
Existing Conditions: 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 proposed installation of
Bio-Acoustic Fish Fence is an undertaking; therefore, the effects of its implementation
on historic properties must be considered. Historic properties are properties, including
archeological sites and standing structures or buildings, which have been determined
eligible for or are listed on the National Register of Historic Places (NRHP). The Corps
also designates its self as the lead federal agency for the purposes of NHPA review
pursuant to 36 CFR §800.2(a)(ii). The Corps defines the Area of Potential Effects
(APE) as the footprint of the proposed project undertaking and immediate viewshed.
The construction of the Barkley Lock and Dam has caused extensive disturbance within
and adjacent to the APE. Therefore, there is no potential for intact archaeological
deposits. Barkley Lock and Dam was authorized for construction by the River and
Harbor Act of 1954 for the purpose of navigation, flood control, and hydropower.
Construction began in 1957 and was completed for full beneficial use in 1966. Barkley
Dam and Lake Barkley includes a lock, dam, and hydropower plant. It is one of ten
projects on the Cumberland River and tributaries owned and managed by the Corps.
The Barkley Dam and Lake Barkley is the lowermost mainstream project on the
Cumberland River at River Mile 30.6 above its confluence with the Ohio River. The
Corps believes that the ten projects within the Cumberland River system form a
discontinuous district eligible for the National Register of Historic Places (NRHP) under
criteria A and C for its association with impounding the Cumberland River and
tributaries, and for representing Cold War era engineering and design.
Alternative 1 No Action Alternative:
There would be no effects to historic properties under the No Action Alternative since no
modifications or changes would be made to the Barkley Lock.
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U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
Alternative 2 Installation of BAFF:
The proposed installation of the BAFF system would not introduce physical, visual or
audible effects significant enough to alter the design, association, location, materials,
workmanship, setting, or feeling of the Barkley Lock and Dam since much of the
equipment would be installed below the water surface or be commensurate to the
equipment situated throughout the lock and dam structure. The proposed sound
projectors are believed to emit sounds consistent with local river navigation, but would
be monitored and adjusted if nuisance levels are noted. The strobe lighting and air
bubble curtain, which are affixed to the deployment frame would only be visible within
the immediate vicinity. Conexes used to house the BAFF equipment would be
positioned inconspicuously as feasible and colored to blend in with the existing
infrastructure. Utility lines that may be installed to supply power for the BAFF system
would be adjacent to an existing railroad and would not introduce new visual elements
that would adversely affect the Barkley Lock and Dam. Furthermore, the BAFF system
is completely reversible and would not require any physical alterations to the lock
structure.
3.7 Threatened and Endangered Species
The U.S. Fish and Wildlife Service (Service) Information for Planning and Conservation
(IPaC) website was used to determine federally listed species within Livingston and
Lyon Counties, as shown in Table 2. The Kentucky Department of Fish and Wildlife
Resources (KDFWR) and the Kentucky State Nature Preserves Commission (KSNPC)
websites were also reviewed for State Listed aquatic species. No critical habitat occurs
in the project area.
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Lake Barkley Lock and Dam
Table 1. Federal and State Listed Species in Livingston/Lyon Counties, Kentucky
Class
Scientific Name
Common Name
Federal State
Status* Status**
Plant
Apios priceana
Price's Potato-bean
T
E
Mollusk
Plethobasus cyphyus
Sheepnose
E
E
Plethobasus cooperianus
Orangefoot Pimpleback
E
E
Obovaria retusa
Ring Pink
E
E
Cyprogenia stegaria
Fanshell
E
E
Potamilus capax
Fat pocketbook
E
E
Cumberlandia monodonta
Spectaclecase
E
E
Quadrula cylindrical
Rabbitsfoot
T
T
Myotis grisescens
Gray Myotis
E
T
Myotis sodalis
Indiana Bat
E
E
Myotis septentrionalis
Northern Long-eared Bat
E
E
Mammals
* Federal Status T-Threatened; E-Endangered
** State Status T-Threatened; E-Endangered; S-Special Concern
Alternative 1 No Action Alternative:
The No Action Alternative would not require disturbance of aquatic or terrestrial habitat,
therefore not causing possible negative affects to Threatened and Endangered Species
(T&E). Current conditions would remain ""as is"".
Alternative 2 Installation of BAFF:
Plants: USFWS Information for Planning and Conservation (IPaC) website states that
the Price's Potato-bean plant could occur within the project area, however, due to the
absence of suitable habitat for this species, it is unlikely for the plant to be present. A
habitat survey for the threatened plant would be conducted and coordinated with
Kentucky Ecological Service Office if deemed necessary.
Mollusks: The preferred alternative would include dredging an area inside of Barkley
Lock lower approach. Coordination with USFWS and KDFWR has been conducted for
T&E species for the installation of the BAFF system. Tennessee Wildlife Resource
Agency performed a mussel survey in September 2018 and a summary report is being
coordinated with the Kentucky Ecological Service Office. During the survey, one Fat
pocketbook mussel was found and relocated to areas of similar habitat outside the
project footprint. Since the BAFF project is being funded by the Service's Region 3
office, Intra-Service Coordination has been performed in cooperation with the Corps. A
Voluntary contribution would be made to the Kentucky Aquatic Restoration Fund
(KARF) prior to the installation of the BAFF for incidental take of listed mussels.
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Mammals: If an external power supply is necessary for the BAFF, an overhead
powerline would be provided by the local utility company. The line and poles would be
routed along a railroad corridor. Approximately 3 acres of trees would need to be
removed to create a safe easement for the power supply. This area would be surveyed
by Corps biologist to determine if suitable habitat for threatened and endangered bats is
present and coordination with Kentucky Ecological Service Office would be completed.
3.8 Hazardous, Toxic, and Radioactive Waste
For the Action Alternative, the BAFF system would be installed into the river bottom of
Barkley Lock lower approach. A staging area for the installation process would be in
the grassy area west of the lock. For these two areas, the likelihood of significant
contamination is remote, neither personnel interviews nor available records indicate any
reason to suspect contamination. The Corps utilizes a Legacy Contamination
Questionnaire to identify areas that contain hazardous substances, pollutants or
contaminants that could be a danger to humans or the environment. The primary
purpose of this questionnaire is to assess legacy contamination concerns at USACEowned property. A Legacy Contamination Report has been conducted for this area by
Corps' Environmental Protection Specialists and there are no known Hazardous, Toxic,
and Radioactive Waste (HTRW) sites. Neither the ""No Action"" nor the ""Action""
Alternative would affect this status.
3.9 Health and Safety
Lake Barkley is a popular vacation destination in western Kentucky and Tennessee.
Each year, Lake Barkley provides recreational opportunities to millions of visitors
resulting in intensive use of the lake and recreation areas. Corps rangers, state, and
local law enforcement personnel provide visitor assistance and work to educate visitors
about water and boating safety. In particular, the lock area is utilized for commercial and
recreational navigation lockages and fishing boat traffic.
Alternative 1 No Action Alternative:
The No Action Alternative would not allow for the installation of the BAFF system and
creates no direct effect on public health and safety. Current conditions would remain
""as is"".
Alternative 2 Installation of BAFF:
Under the Proposed Alternative, a deterrent system (BAFF) for invasive fish, such as
Asian carp, would be installed. This research and development project would evaluate
the deterrent system's effectiveness in limiting Asian carp movement into Lake Barkley
via the lock. The equipment needed for the system would not impede the daily
operation of Barkley Lock or the public's health and safety in any aspect. No electrical
current would flow through the water or be exposed to the visitors of Lake Barkley.
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Sound levels and strobe lighting would be evaluated, in regards to health and safety, as
research develops. If conditions warrant, lights and sound could be modified to negate
any negative effects to the surrounding environment.
3.10 Recreation and Scenic Resources
Lake Barkley supports eight marinas, ten recreation areas, four Corps managed
campgrounds, one state park, and one national recreation area managed by the U.S.
Forest Service. Because of the temperate climate and relatively long recreation
season, visitors have many opportunities to fish, hunt, camp, picnic, boat, canoe, hike,
and enjoy the outdoors. In addition, visitors can visit a Civil War monument, a number
of historic sites, several public parks, and wildlife refuges. One mile above the dam is a
canal connecting Lake Barkley with Kentucky Lake, forming one of the greatest
freshwater recreational complexes in the country. The lakes run parallel courses for
more than 50 miles, with the Land Between The Lakes National Recreation
Area located between them.
Alternative 1 No Action Alternative:
The No Action Alternative would negate installing the BAFF system. Although this
alternative would not change any visual components of Barkley lock and dam, it would
limit development of control tools meant to restrict movement of Asian carp. As
mentioned earlier, dense populations of Asian carp would impact recreation
opportunities for the general public.
Alternative 2 Installation of BAFF:
Under Alternative 2, the BAFF would be evaluated for its potential to reduce the
infestation of Asian carp in Lake Barkley by limiting their movement through Barkley
lock. If the BAFF installation is successful, the system would be considered at key
locations for a permanent installation system. Potential changes to the visual aspect of
the lock could occur by the placement of equipment for the BAFF installation and daily
operation. This change would be negligible given that similar equipment already exists
in the project area. This preferred alternative would have minimal impacts on the visual
appearance of Barkley Lock and Dam to the general public. It also would not directly
reduce existing levels of Asian carp already in Lake Barkley or entering from the
Tennessee River system via the canal.
3.11 Socioeconomics
Lake Barkley is a significant economic factor in the region. In addition to tourism,
recreation (i.e. boating, swimming, and recreational facilities), hydropower, flood
damage reduction, and navigation benefits, the lake provides municipal water supply,
increased property values, increased tax revenues, and employment opportunities.
Furthermore, the lake is known for hosting professional fishing tournaments. Large and
small fishing tournaments bring economic benefits to the area and can provide cost
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savings to agencies that rely on voluntary data collection, increased fishing license
revenues, charitable donations, lodging, and increased sales for businesses that
sponsor tournaments.
Lyon and Livingston Counties maintain a relatively diversified employment base with
educational services, health care, and social assistance as the primary industries
followed by retail trade, construction, arts, entertainment, recreation, accommodations,
and food service.
Executive Order (EO) 12898 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations) requires federal agencies,
departments, and their contractors to consider any potentially disproportionate human
health or environmental risks their activities, policies, or programs may pose to minority
or low-income populations. Low-income populations are those that live below poverty.
EO 13045 (Protection of Children from Environmental Health Risks and Safety Risks)
requires federal agencies to identify and assess health and safety risks that may
disproportionately affect children as part of the NEPA compliance process. Agencies
must ensure that their policies, programs, activities, and standards address
disproportionate risks to children that results from environmental health risks or safety
risks.
Alternative 1 No Action Alternative:
The No Action Alternative could severely damage the socioeconomics of Lake Barkley
and the lower Cumberland and Tennessee River Basins. The presence of Asian carp in
the Lake Barkley could damage tourism by negatively impacting recreational fishing
activities. If recreational catch rates were reduced by a decrease in native fish
populations, there could be reduced angling activity and correspondingly, less
disposable income spent on this recreational activity thus affecting tourism and the
socioeconomics of Lake Barkley. Anglers contribute a large amount of money to the
state government via fishing licenses, as well as, contributing to other sectors of the
economy while on fishing excursions. Reduced recreational fishing and related
activities will have economic impacts on other businesses and livelihoods which depend
on the continuation and development of this sector.
Alternative 2 Installation of BAFF:
The Proposed Alternative would support long term increases to tourism, recreational
opportunities and related employment with likely improved income for the local
residents. If effective, the surrounding communities would benefit from the installation
of the BAFF system and the system could be used regionally to contravene negative
impacts associated with Asian carp. The lands required for this project are all Corpsowned, with the exception of powerline routing and potentially dredged material disposal
and would not affect any low income areas or disproportionately affect children. The
BAFF system would be operated to provide a public service to the local community and
visitors without bias to race or income; therefore there would be no disproportional
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impact to minority or low-income populations. Both Alternatives would comply with EO
12898 and EO 13045.
3.12 Air Quality
Currently, the proposed project area is in an attainment area with regard to the National
Ambient Air Quality Standard (NAAQS).
Alternative 1 (No Action Alternative):
No work would be performed under this alternative. There would be no effect to air
quality.
Alternative 2 Installation of BAFF:
Under Alternative 2, there would be temporary, minor air quality impacts (dust, vehicle
exhaust) from vehicle, equipment exhaust, and construction activities. The temporary
impacts to air quality would be negligible, and would have no long-term effects on air
quality levels. Therefore, the proposed project meets the Conformity Rule under the
Clean Air Act and poses no risk to NAAQS. (NAAQS, 2017)
3.13 Navigation
Lake Barkley has substantial commercial navigation traffic throughout the year. The
proposed project area is located inside of the main federal navigation channel on the
Cumberland River. Kentucky lock is currently under construction and Lake Barkley lock
is an alternative route for commercial traffic, especially during closures of Kentucky
Lock.
Alternative 1 No Action Alternative:
The No Action Alternative would have no effect on navigation outside of nuisance
effects of Asian carp jumping onto barge surfaces during lockages.
Alternative 2 Installation of BAFF:
Impacts to lock usage was a key consideration for layout of the BAFF system.
Commercial barge and other boat traffic may experience intermittent lockage delays
during installation of the BAFF equipment. Periodic maintenance activities for the BAFF
equipment would be conducted to best minimize effects on commercial lock passages,
including repair boats and/or divers to clean and check the BAFF system. Dredging is
required to achieve adequate depth of the BAFF. The BAFF system would be
positioned into the river bottom where the highest piece of the BAFF would be at or
below the elevation of 289 mean sea level to avoid inhibiting lock entry at low river
levels.
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4.0 CUMULATIVE IMPACTS
The Corps must consider the cumulative effects of the proposed 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 Council on Environmental Quality [CEQ]
Regulations). Geographical boundaries for this discussion of cumulative impacts are
the proposed project area and Kentucky and Barkley Lakes. Temporal boundaries
established span for this project is the 1970's, when Asian carp were introduced into
America, to 2042, 20 years after the three year test for this project would be completed.
Past and Present Actions:
Based on tourism, development, and recreation, the project area became popular many
years ago and continues to grow. With Asian carp becoming more prevalent, these
great attributes of the project area continue to receive pressure of the negative impacts
of the invasive species. Asian carp wreak havoc with their ravenous appetites, high
reproduction rates, and their ability to survive predators. With increased number of
visitors and Asian carp over the years, additional pressures to health and safety,
socioeconomics and aquatic resource have occurred. In the past, efforts to manage
Asian carp populations have been limited to commercial harvest with fishing nets. This
method has been an effective tool to control populations of Asian carp, but more is
needed to successfully eradicate the species. A review of the history for the study area
shows the progressed impacts of the Asian carp.
Reasonably Foreseeable Future Actions
Like other invasive species introduction, if effective tools targeting these species are not
implemented, it is anticipated that Asian carp population would increase until carrying
capacity is reached. A multi-method approach should be used to reduce or eliminate
Asian carp, as needed to reduce damages associated with resource impacts.
The first approach would be to continue commercial harvest. Commercial fishermen
use large nets to trap the Asian carp and physically remove them from the lake.
Commercial harvest is an effective tool because Asian carp have low reproduction rates
in Lake Barkley and Kentucky Lakes. Asian carp need fast flowing waters and this type
of condition is not present in Barkley and Kentucky Lakes causing spawning rates to be
inconsistent. According to KDFWR's website, the current silver carp population consists
of a large cluster of fish in the 24 to 28 inch range with almost no younger fish. This
data characterizes that Asian carp do not spawn well in Kentucky and Barkley Lakes. If
Asian carp spawns remain inconsistent, then commercial harvest has a great chance of
severely limiting the carp populations in Barkley and Kentucky Lakes.
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Lake Barkley Lock and Dam
The second approach, would be the installation of the BAFF system. To limit Asian
carp populations in Barkley and Kentucky Lakes, a deterrent would need to be placed to
prevent new fish from entering. The BAFF system would inhibit Asian carp passage
through the Barkley lock chamber thus reducing new fish populations from entering the
lake. If successful at stopping Asian carp, similar systems could be installed at multiple
locks in the river system. If fish passage is limited at the locks and their spawning
remains inconsistent then the millions of pounds of fish removed by commercial
harvesting would have a much stronger effect on our carp population.
Third, a recently announced partnership with the state of Kentucky and Kentucky Fish
Center, LL. Kentucky will be providing financial incentives with the goal of increasing
statewide harvest.
Lastly, silver carp's annual mortality rates. In Kentucky Lake the annual mortality rate
has been observed to be 48 percent. Which means half of the fish are dying each year.
This means, in less than five years, the population would be less than 10 percent of
what it is now. This mortality is mostly naturally caused, however, in Lake Barkley,
where commercial fishing pressure is higher, the mortality rate is 61 percent. The
positives of the success for this project would protect and ensure balance for already
established native species.
Combined Effects on Resources:
Watershed, water quality, land and water resources
If the preferred alternative is successful and is implemented, negligible short-term
negative effects and major long-term positive effects would occur. Short-term effects
such as minor turbidity from dredging would be temporary. Long-term, the proposed
project would have a major benefit to resources. Valuable information gathered from
the research would be used in further applications to reduce Asian carp populations
regionally. Research conducted for the removal of the Asian carp would provide
positive benefits to the watershed as well as water quality and land/water resources. In
summary, the project in combination with past, current and reasonably foreseeable
future actions would have a net benefit to the watershed, water quality, and land/water
resources.
Socioeconomics
As large populations of Asian carp become established, cumulative effects of those
species include risk to human safety and reductions in dollars for regional economies
that rely on fishing, boating, and waterfowl hunting. With the proposed action,
technology would be tested to inhibit the passage of Asian carp through a lock chamber
and play a major role in the overall nation's research to reduce Asian carp populations.
Installation of the BAFF along with commercial harvesting would help relieve the
increasing number of Asian carp. With the proposed action, long-term benefits for the
local and regional economy would be positive due to the reduced threat to the study
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Lake Barkley Lock and Dam
area that Asian carp pose. In addition, as the negative impacts to the natural resources
are also improved through implementation of measures mentioned above, there could
potentially be added investments. The project in combination with past, current, and
reasonably foreseeable future actions would have a net benefit to socioeconomics.
5.0 ENVIRONMENTAL COMMITMENTS, PERMITS, AND APPROVALS
The following commitments, permits, and approvals are made regarding implementation
of the action alternatives:
1) An Individual Water Quality Certification (WQC) is required from the Kentucky
Division of Water under Section 401 of the Clean Water Act. KDOW is currently
reviewing an application for WQC submitted by the Corps on 13 August 2018.
2) Section 7 under the Endangered Species Act would be satisfied. Consultation
with U.S. Fish and Wildlife Service started on 12 August 2018 to complete a
habitat assessment for endangered fresh water mussels. The habitat
assessment survey by divers took place in early September 2018. Intra-Service
Coordination has been performed in cooperation with the Corps and the
Service's Region 3 office. This consultation must be concluded prior to
installation of the BAFF.
3) The Kentucky Heritage Council concurs with the Corps' finding of, ""No Adverse
Effects to Historic Properties"" on the condition that the proposed air compressor
be dark-colored and compatible in color with the existing
equipment/infrastructure.
4) The Corps of Engineers would be a co-permittee for the proposed action and 408
compliance would be satisfied via this NEPA review and Real Estate License.
6.0 ENVIRONMENTAL COMPLIANCE
6.1 Executive Order 11990-Wetlands
The proposed project would not occur in or near any wetlands. The project meets
requirements of the EO.
6.2 Farmland Policy Protection Act (FPPA)
No private agricultural lands or prime and unique farmlands are located in the proposed
project area.
6.3 Executive Order 11988-Floodplain Management
Executive Order 11988, Floodplain Management, requires federal agencies to evaluate
and minimize impact to the floodplain. The Corps controls flowage easement for flood
control in the Lake Barkley reservoir to elevation 359.0 feet mean sea level. The project
is anticipated to result in a no change in flood storage capacity.
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6.4 Clean Water Act
Waters of the U.S. are present within the proposed project footprint. Therefore,
coordination with State and Federal Agencies regarding Clean Water Act compliance is
required. Water quality certification from Kentucky Division of Water (Section 401)
would be required for the proposed project.
6.5 Endangered Species Act
The lead federal agency, USFWS Region 3, for this project conducted an Intra-Service
Consultation with the Kentucky Ecological Services, Frankfort Office (USFWS Region 4)
under Section 7 of the Endangered Species Act, in cooperation with the Corps.
Although the Corps is not the lead federal agency for this project, the Corps initiated
consultation with the USFWS under NEPA guidelines. A comprehensive assessment
for freshwater mussels was conducted by Tennessee Wildlife Resource Agency
(TWRA) to detect any potential habitat for T&E species. All of the mussels within the
project footprint were collected by divers and relocated. However, an additional
dredging area was added during the 60 percent design submittal. Incidental take was
increased based on the previous mussel survey. The added dredge area would allow
fish to freely swim away from the barrier and so no crowding occurs. The detailed
mussel survey report written by TWRA is summarized in this document. The IntraService Consultation must be concluded prior to installation of the BAFF.
6.6 Fish and Wildlife Coordination Act
The Corps 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.). Coordination with USFWS and KDFWR was initiated with advertisement of a
scoping letter on April 9, 2018. A copy of the scoping letter is included with this
document as Appendix C. Both agencies have been involved as this project progresses
and will review this EA. Any comments received on the EA would be addressed before
a FONSI is signed.
6.7 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
Corps defined the APE as the proposed project area footprint. The APE resides within
the Barkley Lock, which is eligible for listing in the NRHP. Based on the nature of the
project undertaking there would be no adverse effects to historic properties listed
eligible for listing in the NRHP. This project also complies with cultural resource laws
such as Section 110 of the National Historic Preservation Act, the Archaeological
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Resources Protection Act, Native American Graves and Repatriation Act, American
Indian Religious Freedom Act, and Executive Orders 13006.
Consultation with the KY SHPO and seven federally recognized Native American Tribes
is complete. The Corps made the determination of ""no adverse effect to historic
properties"". The THC, the Absentee-Shawnee Tribe of Indians of Oklahoma. The
Shawnee Tribe of Indians of Oklahoma and the Cherokee Nation concurred with the
Corps', ""no adverse effects to historic properties"" determination. The Corps did not
receive any responses from the remaining five Native American Tribes; United
Keetoowah Band of Cherokee Indians, Eastern Band of Cherokee Indians, Chickasaw,
and the Eastern Shawnee Tribe of Oklahoma. Pursuant to 36 CFR 800.4(d)(1)(i) no
response from the tribes after the 30 day comment review period, implies concurrence
with the Corps' determination and fulfills consultation requirements under Section 106 of
the NHPA
Appendix D summarizes the Section 106 consultation with the State Historic
Preservation Office (SHPO) and Native American Tribes.
6.8 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
exists where the percentage of minorities in an affected area either exceeds 50% or is
significantly greater than in the general population.
The final step in the environmental justice evaluation process is to evaluate the impact
of the project on the population and to ascertain whether target populations are affected
more adversely than other residents. Based on best available data, the conclusion for
this proposed project is that low-income or minority populations would not be
disproportionately affected by the proposed activity. Neither of the alternatives
described in this environmental assessment would disproportionately place any adverse
environmental, economic, social, or health impacts on minority and low-income
populations. Socioeconomics is described in further detail in Section 3.12.
6.9 Clean Air Act
The proposal is in an attainment area with regard to the NAAQS. Neither alternative
would affect this status. Requirements under this Act have been met.
19
Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
6.10 Comprehensive Environmental Response, Compensation, and Liability Act
No Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) sites were identified within the proposed project boundaries.
6.11 Resource Conservation and Recovery Act
All alternatives would be in compliance with the Resource Conservation and Recovery
Act (RCRA).
6.12 Executive Order 13653 (Preparing the United States for the Impacts of Climate Change
The project is not expected to affect climate change.
7.0 PUBLIC AND AGENCY COORDINATION
7.1 Public and Agency Involvement
A kick off meeting on 07 February 2018 was initiated by USFWS and hosted by the
Corps Nashville District. The meeting brought together multiple agencies and private
entities that would be involved with the installation of the BAFF system. Agencies that
attended the meeting were USGS, KDFWR, USEPA and TWRA. Others that attended
were Fish Guidance systems and University of Minnesota.
The Corps' Nashville District hosted a semi-annual Navigation Industry meeting on 15
March 2018 at Lake Barkley Resource Managers office. A presentation of the BAFF
system was presented to the attendees by USFWS Mike Weimer. The navigation
industry did not have any concerns about the installation of the BAFF system as long as
it does not hinder lock access.
On 05 April 2018, KDFWR held their annual Kentucky and Barkley lakes fishing meeting
with the public at KY Dam Convention Center. Park Ranger Wes Davenport from Lake
Barkley Resource Mangers Office attended to gage public perspective on the
installation and implementation of a fish deterrent system at Lake Barkley lock and dam.
A press release by KDFWR for the BAFF system is located in Appendix F.
On 27 July 2018, Congressman James Comer (KY-01) held an Oversight and
Government Reform Committee Field Briefing in Eddyville, Kentucky. The hearing
addressed the growing problem of Asian carp in Kentucky's waters and examined the
federal response to this invasive species. This public event featured testimony from
witnesses representing the Kentucky Department of Fish and Wildlife, local fishing and
tourism industries, and federal agencies involved in Asian carp programs and initiatives.
20
Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
7.1.1 Public Notice/Scoping Letter
The scoping notice for this project was mailed in April 2018 for public, state, and federal
agencies commenting review period and is attached in Appendix C.
This draft environmental assessment would be circulated in draft form to the scoping
respondents and to local, state, and federal governmental agencies with jurisdiction by
law or special expertise for a 30 day review/comment period.
Tow comments were received in response to the scoping notice (USDA NRCS and
USDA Forrest Service). The comments are summarized below
7.1.1.1 Public Comments
No public comments were received from the scoping process.
7.1.1.2 Federal Agency Comments
Responses from Scoping Notice are listed below and attached in Appendix E:
USDA, NRCS State Conservationist, Lexington, KY. Karen A. Woodrich The Natural
Resources Conservation Service (NRCS) has reviewed the information submitted for
the subject project at Barkley lock and dam in Livingston and Lyon Counties. Based
upon the information provided, Kentucky NRCS does not anticipate the proposed
actions will affect prime farmland soils, farmlands of statewide importance, PL-566
watershed structures, wetlands identified under the Food Security Act, Wetland Reserve
Program (WRP) and Grassland Reserve Program (GRP) easements.
USDA, Forest Service, Land between the Lakes National Recreation Area, Tina Tilley
Area Supervisor We support the proposed multi-agency research project on an
acoustic deterrent system for Asian carp at Barkley Lock and Dam, Livingston and Lyon
Counties, Kentucky.
8.0 CONCLUSION
Two alternatives were evaluated in detail throughout this EA; Alternative 1, the No
Action Alternative; and Alternative 2, the Proposed Alternative. Alternative 1 (No Action
Alternative) would deny the installation of the deterrent system for Asian carp. There
would be no dredging/instream construction or equipment stored on or near the lock
and dam. The lock, dam, and fishery would operate/proceed under existing conditions.
Alternative 2 (Proposed Alternative) would allow the installation of an Asian carp
deterrent system. The proposed project would conduct a three year test on a bioacoustic fish fence to determine the effectiveness of deterring, restricting or reducing
21
Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
movement of Asian carp through Barkley lock chamber. The BAFF system would be
installed on the river bottom in the downstream lower lock approach. In addition,
consideration for addressing Asian carp usage of the lock filling/emptying system will be
considered.
The Proposed Alterative (Alternative 2) would provide vital information in testing fish
barrier research. Tools to deal with the plague of Asian carp are needed. Results from
the testing would be evaluated and utilized to improve safe recreation and preserve the
native fauna of the lower Cumberland River such that the public can enjoy the natural
land and water resources. Furthermore, information gathered from this research would
inform possible installations of BAFF systems at other sites in the Mississippi and Ohio
River basins and the proposed project supports a recommendation of the National
""Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the
United States (2007)."" The Installation of a BAFF System for a three-year
demonstration is the proposed alternative.
22
Draft Environmental Assessment
Asian Carp Deterrent System
U.S. Army Corps of Engineers
Lake Barkley Lock and Dam
REFERENCES
US Climate Data, 2018. Monthly Averages for Grand Rivers, Kentucky,
www.usclimatedata.com. Accessed July 24, 2018.
NOAA, National Weather Service Forecast Office, Paducah KY. Climatological Report
accessed at http://w2.weather.gov/climate/local_data.php?wfo=pah on July 24, 2018.
US Environmental Protection Agency. Ecoregions of Tennessee.
ftp://ftp.epa.gov/wed/ecoregions/tn/tn_eco_lg.pdf. Accessed July 24, 2018.
US Environmental Protection Agency. Ecoregions of Kentucky.
http://www.epa.gov/wed/pages/ecoregions/ky_eco.htm. Accessed July 24, 2018.
Steila, Donald and Thomas E. Pond, 1989. The Geography of Soils Formation,
Distribution and Management, 2nd edition. Rowman and Littlefield Publishers, Inc.
Savage, Maryland.
Kentucky Department of Fish and Wildlife Resources. 2016. Species Information
Website: http://app.fw.ky.gov/speciesinfo/countyListSpecies.asp
Kentucky State Nature Preserves Commission. 2016. County Report of Endangered
Threatened, and Special Concern, Plants, Animals, and Natural Communities of
Kentucky. 2015. Website: http://naturepreserves.ky.gov/pubs/Pages/reports.aspx
U.S. Fish and Wildlife Service. 2016. Listed species listed by Kentucky County, website:
http://ecos.fws.gov/tess_public/reports/species-by-current-range-county?fips=21144
U.S. Fish and Wildlife Service. 2016. Information for Planning and Conservation
website: https://ecos.fws.gov/ipac/
LIST OF PREPARERS
Cody A. Flatt, Biologist, Environmental Section, Project Planning Branch, Primary EA
Preparation
Jordan McIntyre, Archaeologist, Environmental Section, Project Planning Branch,
Nashville District, EA Preparation Cultural and Historic Resources
Timothy Higgs, Chief, Environmental Section, Project Planning Branch, EA Review
23
Appendix A
Vicinity Map
Barkley Lock
& Proposed
BAFF Location
Kentucky Lock
Canal
Appendix B
Illustration of Bio-Acoustic Fish Fence
Appendix C
Scoping Notice
DEPARTMENT OF THE ARMY
NASHVILLE DISTRICT, CORPS OF ENGINEERS
110 9TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TENNESSEE 37203
IN REPLY REFER TO
April 9, 2018
Project Planning Branch
TO ALL INTERESTED PARTIES:
The U.S. Army Corps of Engineers, Nashville District (USACE), is initiating
scoping under the National Environmental Policy Act (NEPA) for a proposed multiagency research project on an acoustic deterrent system for Asian carp at Barkley Lock
and Dam, Livingston and Lyon Counties, Kentucky. The U.S. Fish and Wildlife Service,
U.S. Geological Survey, University of Minnesota, Kentucky Department of Fish and
Wildlife Resources, and USACE would combine funding, technology, and staff to
conduct a three-year test to determine the effectiveness of a fish deterrent system at
restricting or reducing movement of Asian carp through the Barkley lock chamber. The
proposed project would test a bio-acoustic fish fence (BAFF) installed in the
downstream Barkley Lock approach channel. Information gathered from this research
would inform possible installations of BAFF systems at other sites in the Mississippi and
Ohio River basins. The proposed project supports a recommendation of the National
""Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the
United States (2007)"".
Asian carp have become a major concern in the Mississippi River basin.
Movement through lock systems are the primary means of upstream reservoir access
for invasive fish such as Asian carp. The BAFF uses customized sound signals,
directional strobe lighting, and an air bubble curtain to produce an underwater linear
deterrent for movement of fish. While the BAFF is in place, researchers would use
existing telemetry receivers and other electronic devices to assess the extent of Asian
carp movement through Barkley Lock. The existing telemetry system and the large
number of Asian carp in the Barkley tailwater make this an ideal location for this
research.
The BAFF system would be installed on the river bottom in the downstream lower
lock approach. In addition, consideration for a sound-only (speakers) portion of the
BAFF system would be made during the first year of monitoring and, if needed, installed
near the lock chamber discharge ports on the spillway side of the riverward lockwall
(Figure 1). Figures 2 and 3 show an illustration of the system's use and typical
underwater BAFF equipment. Other supporting parts of the BAFF system such as air
compressors and system controls would be installed on or near the downstream lock
walls. The BAFF system requires a level river bed for installation, so dredging is
required to prepare the river bed and to remove upstream bed load. Dredging is also
required to install the BAFF below an elevation (at or below elevation 286 feet) to avoid
inhibiting lock entry at low river levels. This dredging and equipment installation would
require a Water Quality Certification from the Kentucky Division of Water.
Appendix C
Scoping Notice
2
Commercial barge and other boat traffic may experience intermittent lockage
delays during installation of the BAFF equipment. Periodic maintenance activities for
the BAFF equipment would be conducted to best minimize effects on commercial lock
passages, including repair boats and/or divers to clean and check the BAFF system.
Deployment of the BAFF system may affect anglers who fish below Barkley Lock.
Kentucky Department of Fish and Wildlife Resources has proposed to implement a
fishing restriction in the area of the BAFF due to the potential for considerable damage
to the system. This zone would begin 200 feet below the BAFF as illustrated on Figure
1. The BAFF system is planned to be removed after the three-year test period, at which
time the area would reopen for fishing.
This letter serves to solicit scoping comments from the public; Federal, state,
local agencies, and officials; Indian Tribes; and other interested parties to consider and
evaluate the potential impacts of the proposed activity in accordance with the NEPA
process. We encourage comments not only about resources in the immediate project
area, but also of plans or proposals for any other development that may impact or
influence project resources. Comments are used to assess impacts on fish, wildlife,
endangered species, water quality, historic properties, water supply, conservation ,
economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation,
shore erosion, sedimentation, recreation, energy needs, safety, climate change,
considerations of property ownership, general environmental effects, cumulative effects,
and in general , the needs and welfare of the people. This letter also serves to initiate
the public involvement requirements of Section 1°06 of the National Historic Preservation
Act of 1966, as amended.
Comments should be submitted within 30 days of the date of this letter to the
address on the letterhead or electronically to Cody.A.Flatt@usace.army .mil. For
additional information regarding the proposed project, please contact Cody Flatt at (615)
736-7954.
Sincerely ,
Angela A. Dunn
Chief, Project Planning Branch
Appendix C
Scoping Notice
3
Figure 1: Aerial Photo of Barkley Lock. Red lines indicate proposed BAFF system location in
lower lock approach channel and possible speakers (only) at lock discharge ports. Yellow
hashing represents proposed fishing restriction zone.
Figure 2: Illustration of a Typical Bio-Acoustic Fish Fence (BAFF)
Appendix C
Scoping Notice
4
Figure 3: Example of BAFF (sound, air, and light) system that would be installed on river
bottom. Note additional Debris Encasement Guards may be used to protect equipment from
damage.
APPENDIX D
Section 106 Compliance
Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), and
its implementing regulations at 36 CFR 800 require consideration of cultural resources
prior to a federal undertaking and requires consultation with the State Historic Preservation
Officer (SHPO), Federally recognized tribes with a connection to the project location and
other consulting parties defined at §800.3. The NHPA only affords protection to sites,
buildings structures, or objects listed in or determined eligible for listing in the National
Register of Historic Places (NRHP). In addition, under the Archaeological Resources
Protection Act and section 110 of the NHPA, the USACE has responsibilities to protect
and preserve significant archaeological sites. Archival research for this project involved
consulting the NRHP, and eliciting information from previous archaeological survey
reports. Table 1 summarizes the parties consulted, the mechanisms for consultation, and
responses to the consultation. The Section106 consultation has led to a ""no adverse
effects to historic properties"" determination for the proposed project.
Table 1. Summary of Section 106 of NHPA Consultation.
25 July 2018
No Effect
Letter Sent
25 July 2018
Concurrence to No Effect
Determination
13 September 2018
26 July 2018
26 July 2018
06 August 2018
26 July 2018
26 July 2018
26 July 2018
26 July 2018
26 July 2018
26 July 2018
NR
07 September 2018
NR
26 July 2018
26 July 2018
NR
26 July 2018
26 July 2018
26 July 2018
26 July 2018
24 August 2018
NR
Consulting Party
Initiation date
Kentucky State Historic
Preservation Officer
Absentee-Shawnee Tribe of
Indians of Oklahoma
Chickasaw Nation
Cherokee Nation
Eastern Band of Cherokee
Indians
Eastern Shawnee Tribe of
Oklahoma
The Shawnee Tribe
United Keetoowah Band of
Cherokee
*Response date reflects the end of the 30 day comment period. No Response (NR)
implies concurrence with the USACE finding of ""no adverse effects to historic
properties"" as per 36 CFR 800.4(d).
Consultation with the Kentucky SHPO was initiated via a letter dated 25 July 2018,
discussing the components of the BAFF system. The Corps recommended a finding of,
no adverse effects to historic properties. The SHPO concurred with the Corps' findings
in a letter dated 13 September 2018. In a letter dated 13 September 2018, the
Kentucky Heritage Council concurred with the Corps' finding of, ""No Adverse Effects to
Historic Properties"" on the condition that the proposed air compressor be dark-colored
and compatible in color with the existing equipment/infrastructure. Therefore, this action
complies with Section 106 of the NHPA.
Consultation was initiated with seven federally recognized Native American Tribes via
Section 106 initiation letters dated 26 July 2018. These included: United Keetoowah
Band of Cherokee Indians, Chickasaw Nation, Absentee-Shawnee Tribe of Indians of
Oklahoma, Cherokee Nation, Eastern Band of Cherokee Indians, Eastern Shawnee
Tribe of Oklahoma, and The Shawnee Tribe. The initiation letter discussed the
components of the BAFF system and the findings of the cultural review. USACE
recommended a ""no adverse effects to historic properties"" determination.
The Absentee-Shawnee Tribe of Indians of Oklahoma, and the Shawnee Tribe of
Indians of Oklahoma and the Cherokee Nation concurred with USACE's, ""no adverse
effects to historic properties"" determination. USACE did not receive any responses
from the remaining five Native American Tribes; United Keetoowah Band of Cherokee
Indians, Eastern Band of Cherokee Indians, Chickasaw, and the Eastern Shawnee
Tribe of Oklahoma. Pursuant to 36 CFR 800.4(d)(1)(i) no response from the tribes after
the 30 day comment review period, implies concurrence with the USACE's
determination and fulfills consultation requirements under Section 106 of the NHPA
Appendix E Scoping Notice Comments
Appendix E Scoping Notice Comments
Appendix F
KDFWR Asian Carp Press Release
Potential Asian Carp Deterrent to be
Tested Below Barkley Dam
Kentucky Department of Fish and Wildlife
800-858-1549
FRANKFORT, Ky. (Sept. 27, 2018) -- Asian carp have become a major concern in the
Tennessee and Cumberland rivers and many other rivers within the Mississippi River basin.
In western Kentucky, two of the state's largest reservoirs, Kentucky Lake and Lake Barkley,
were formed by the construction of navigation dams on the Tennessee and Cumberland rivers,
respectively. The lock systems of these dams are the primary sources of reservoir access for
the invasive fish.
Asian carp also continue to expand their ranges up many river systems throughout the
Mississippi River and Ohio River basins.
In response to the looming threat of invasions, several federal and state agencies and
universities are working together to test a sound and air bubble system (bio-acoustic fish fence)
that could be installed below lock chambers to deter fish passage. These systems have not
been tested on Asian carp below dams, and the research is needed to assess the technology's
efficiency at reducing fish movement beyond the system.
Bio-acoustic fish fence (BAFF) technology was invented and has been used in Europe, by the
United Kingdom company, Fish Guidance Systems, LTD (FGS). This company's technology has
been chosen for testing in the downstream approach to the lock chamber at Barkley Dam in
Kentucky.
The Nashville District and Research and Development Center (ERDC) of the U.S. Army Corps
of Engineers (USACE), U.S. Geological Survey, the U.S. Fish and Wildlife Service, U.S.
Environmental Protection Agency, University of Minnesota, FGS, Tennessee Wildlife Resources
Agency and Kentucky Department of Fish and Wildlife Resources are combining funding,
technology or staff to construct a research plan that should put a BAFF system in the
downstream approach to the lock chamber in early 2019.
The extent of Asian carp movement from the tailwater into the reservoir will be assessed using
multiple techniques including an existing and expanding telemetry receiver array.
Tests for the BAFF were initially projected to begin this month; however, significant structural
modifications will be required to protect the BAFF from large, heavy debris that would be
pushed or pulled through the lock chambers, delaying the project until early 2019.
The BAFF will be deployed in the downstream approach of the Barkley lock chamber. The
additional time until deployment will also allow for various aquatic community samples to be
taken and assessed to satisfy permit requirements for all projects that may affect the biota or
the USACE's operational procedures for recreational and commercial passage through the
locks.",,,,,,,,,"https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/9040
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/9039
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/9038",,,,,,
1722310,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1722310/public-notice-no-18-53-file-no-lrn-2006-02547/,,lrn,Nashville District,Madison,-86.66798,34.78912,Public Notice No. 18-53,Public Notice No. 18-53; File No. LRN-2006-02547,,2019-01-11,2018-12-28,,,690,,,,"Reissuance of Department of the Army (DA) Permit LRN-2006-02547, originally advertised on Public Notice 11-32, for Proposed Stream Encapsulation of Unnamed Tributary to Dry Creek, in Huntsville, Madison County, Alabama
Public Notice No. 18-53
Nashville District
Corps Application No. LRN-2006-02547
Date: December 28, 2018Expires: January 11, 2019
Please address all comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Amy Robinson), 3701 Bell Road, Nashville, TN 37221
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS AND
STATE OF ALABAMA
SUBJECT: Reissuance of Department of the Army (DA) Permit LRN-2006-02547, originally advertised onPublic Notice 11-32, for Proposed Stream Encapsulation of Unnamed Tributary to Dry Creek, in Huntsville, Madison County, Alabama
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA).
APPLICANT: Ming Enterprises, LLC
P.O. Box 1084
Athens, Alabama 35612
LOCATION: Unnamed Tributary to Dry Creek, a tributary to Tennessee River Mile 321.0R, at intersection of Research Boulevard and SR-53, in Huntsville, Madison County, Alabama (Greenbrier Quadrangle; latitude 34.78912, longitude -86.66798)
BACKGROUND: Public Notice 11-32 was issued on August 31, 2011 for 0.88 acre of wetland fill and encapsulation of 690 linear feet of intermittent stream (6’ x 4’ box culvert) for commercial development. The project site is divided by Research Park Boulevard with 0.54 acre of wetland fillon the north portion and 0.34 acre of wetland fill and the stream encapsulation on the south side. Compensatory mitigation for the wetland fill was provided at a 2:1 ratio by purchasing 1.76 wetland credits at the Wheeler Pointe Wetlands Mitigation Bank. The applicant calculated compensatory mitigation for the stream encapsulation based on an assessment using the Unified Stream Methodology. The assessment result indicated the need for 649 stream credits. The applicant provided compensatory mitigation by purchasing 690 stream credits from the Robinson Mitigation Bank and provided a certificate of credit purchase to the USACE on November 21, 2011. The USACE issued a DA permit On January 30, 2012 for the proposed project with an expiration date of January 30, 2017.
DESCRIPTION OF PROPOSED WORK to be REISSUED: DA permit reissuance is requested for encapsulation of 690 linear feet of intermittent stream that was authorized but not constructed prior to DA permit expiration. Compensatory mitigation bank credits for stream and wetland impacts were purchased prior to fill in waters. However, encapsulation of the stream did not occur and the applicant is seeking reauthorization to complete the project. The project plans remain the same as those originally advertised on Public Notice 11-32 and as authorized by DA permit dated January 30, 2012.
Plans and a location map of the proposed project are provided in this notice.
ENVIRONMENTAL DOCUMENTATION: Pursuant to National Environmental Policy Act (NEPA), this office prepared an Environmental Assessment (EA), dated December 12, 2011, to address the environmental consequences of the proposed project. The proposed wetland and stream impacts were addressed in the EA along with an alternatives analysis, affected environment, and potentialenvironmental consequences. The EA also documents necessary consultations with the U.S. Fish and Wildlife Service, the State Historic Preservation Office, and other agencies.
PURPOSE AND NEED: The applicant stated the purpose of the proposed project is to finish the partially completed development to provide a retail development to meet demand in northwest Madison County, AL.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant provided an Alternatives Analysis for the original authorized project. Offsite alternatives and onsite alternatives were considered and the authorized project was found to be the least
environmentally damaging practicable alternative.
COMPENSATORY MITIGATION: The original authorized project required compensatory mitigation for encapsulation of 690 linear feet of intermittent stream. The applicant completed a stream assessment using the Unified Stream Methodology to determine that 649 credits were needed to offsetimpacts. The applicant purchased the necessary credits from the Robinson Mitigation Bank in accordance with the DA permit conditions. The mitigation bank provided written confirmation on November 21, 2011 that 690 stream credits had been purchased (41 credits more than required, for a 1:1 ratio). No additional compensatory mitigation for the stream encapsulation has been proposed in the application for re- authorization.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to reissue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest. These public interest factors and cumulative effects were considered and addressed within the EA prepared for the original proposal and will be considered in any supplemental documentation. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal,must be balanced against its reasonably foreseeable detriments. All factors which may be relevant
to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, theneeds and welfare of the people.
SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. USACE is soliciting comments from the public;federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: Public Notice 11-32 was issued in August 2011 advertising the project. No properties listed or eligible for listing on the National Register of Historic Places (NRHP) are known to be affected by the proposed project. In December 2011, the Alabama Historical Commission (AHC) concurred with the USACE determination that the proposed activities will have no effect on properties listed or eligible for listing on the NRHP. The USACE determined that the completion of the project as originally authorized will have no effect on properties listed or eligible for listing on the NRHP. Copies of this notice are being sent to AHC and the State Historic Preservation Office for their comments. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic propertiesand cultural significance at or near the project area.
ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered (T&E) or any designated critical habitat. The proposed activity was previously advertised by Public Notice 11- 32 in August 2011 stating no federally listed T&E species were known to occur within the project area. Since that time, new species have been added to the federal T&E species list:
Group
Common Name/
Scientific Name
Status
Mammal
Indiana bat /
Myotis sodalis
Endangered
Mammal
Gray bat /
Myotis grisescens
Endangered
Mammal
Northern Long-Eared Bat /
Myotis septentrionalis
Threatened
No T&E aquatic species have been identified in vicinity of the project area. The majority of the project site had been cleared after the original DA permit authorization. No trees of significant size remain within the permit area. Additionally, no designated critical habitat was identified in the permit area. No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to T&E species. After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
OTHER APPROVALS: In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work, including but not limited to:
Water quality certification must be provided by the state of Alabama pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received by January 11, 2019, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2006-02547, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above address, or at amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at:http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above address, telephone number or email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers",,,,,,Amy M Robinson,amy.m.robinson@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 18-53 Plans.pdf?ver=2018-12-28-143344-560,,,,,,
1722635,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1722635/draft/,,lrn,Nashville District,Laurel,,,The Laurel County Water District No. 2,DRAFT,,,2018-12-31,,,0,,,,"The Laurel County Water District No. 2, London, Kentucky (Laurel County) is
proposing to construct a 500,000 gallon elevated water storage tank within the
123 acre Greer Industrial Park that is currently being developed by the LondonLaurel
County Industrial Development Authority. The industrial park is located in
the Fariston community of Laurel County just south of the London corporate
limits and near the London-Corbin Airport. Laurel County is located in
southcentral Kentucky and has a population of 60,174 as estimated by the U.S.
Census Bureau as of July 1, 2017. The county’s 2012-2016 median household
income (MHI) was $36,139 compared to a Kentucky statewide MHI of $44,811.
The percentage of the population below the poverty level in Laurel County in the
period 2012-2016 was 23.2% which is somewhat higher than the Kentucky
average of 17.2%.
The U. S. Army Corps of Engineers, Nashville District (Corps) has received a Draft Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) for the proposed design and construction of 500,000 gallon Water Storage Tank in the Fariston Community in Laurel County, KY.
U.S. Army Corps of Engineers, Project Planning Branch, Nashville District
Coordinates: North 37.04.47.67, West 84.03.43.23
Community: Fariston
County, State: Laurel County, Kentucky
River Mile: N/A
FINDING OF NO SIGNIFICANT IMPACT
Section 531 Laurel County Water District No. 2
Fariston Water Storage Tank
London, Laurel County, Kentucky
1. Under authority of Section 531 of the Water Resources Development Act of 1996,
the Laurel County Water District No. 2 and the U.S. Army Corps of Engineers,
Nashville District (USACE), have performed an evaluation of the construction of a
500,000-gallon elevated water storage tank. The USACE Federal action is to provide
75% funding of the project construction under the Section 531 program. The local
sponsor, Laurel County Water District No. 2 would provide the remaining 25% funding.
The proposed Selected Action Alternative is to construct the 500,000-gallon elevated
water storage tank in the Greer Industrial Park currently being developed by the
London-Laurel County Industrial Development Authority. The industrial park is located
in the Fariston community of Laurel County just south of the London corporate limits
and near the London-Corbin Airport
2. The purpose of the proposed Selected Action Alternative (500,000-gallon elevated
water storage tank) is to provide adequate water supply by doubling the water storage
capacity within the project area. Steady residential and commercial growth in the area
has resulted in inadequate water storage capacity. The need for the proposed project
is to protect the health and safety of the public by providing a reliable water supply and
improving the level of fire protection to both current and future residential and industrial
customers. The possible consequences of the proposed Selected Action Alternative
have been studied for environmental, cultural, and social well-being effects.
3. The proposed Selected Action and the No Action Alternatives were the only
alternatives carried forward for detailed evaluation. A third alternative considered
construction of a 250,000-gallon storage tank. This alternative was eliminated from
detailed consideration because this volume is inadequate for keeping pace with area
growth for the life of the project. A fourth alternative considered construction of a new
1,000,000-gallon storage tank to replace an existing 500,000-gallon storage tank
located further south of the Greer Industrial Park. This alternative was eliminated from
detailed consideration because it would not facilitate redundant storage options for
safety (two water storage tanks), provide efficient and immediate access to stored water
in the project area, increased impacts to the human and natural environment, and
greater cost.
4. The No Action Alternative would deny Federal funding for the project through the
Section 531 program. The result would be continued inadequate water storage capacity
for the northern portion of the Laurel County Water District No. 2's service area in the
Greer Industrial Park and Fariston community.
5. The short term impacts from the proposed Selected Action Alternative are the
effects of construction (noise, dust, and erosion control). These impacts are considered
minor and temporary, due to site size (less than two acres) location (open field in a rural
area) and the limited construction design with utilization of best management practices.
The long term impacts include reliable water supply and storage volume, increased fire
protection and safety, and continued economic growth. The proposed Selected Action
Alternative would protect the land and water resources, and the human and social
environment.
6. An evaluation of the proposed Selected Action Alternative produced the following
pertinent conclusions:
a. Environmental Considerations. USACE has taken reasonable measures to
evaluate known and foreseeable impacts of the No Action and proposed
Selected Action Alternatives to the human and natural environment in the
Environmental Assessment. A Phase I Environmental Site Assessment to
identify hazardous, toxic, radioactive waste (HTRW) was completed by an
engineering firm, MSE of Kentucky, Inc. in August 2017 and considered
adequate after USACE review. The Phase I assessment did not identify a
recognizable environmental condition that could pose a liability to the
government as a result of acquisition, easement or cost share. No wetlands or
water resources would be negatively impacted by the proposed Selected Action
Alternative. Potential adverse impacts of the proposed Selected Action
Alternative are insignificant and short-term in duration.
b. Social and Economic Considerations. No significant social or economic impacts
that are both adverse and/or unavoidable are foreseen as a result of the
proposed Selected Action Alternative. No minority, low-income populations, or
children's health would be negatively impacted by the proposed Selected Action
Alternative. The human community and natural environment would benefit from
having a reliable water supply and adequate water storage capacity.
c. Coordination with Natural Resources Agencies. Pursuant to Section 7 of the
Endangered Species Act of 1970, as amended (ESA) and the Fish and Wildlife
Coordination Act of 1958 as amended (FWCA), coordination was completed with
the Kentucky U.S. Fish and Wildlife Service (USFWS) and the Kentucky
Department of Fish and Wildlife Resources (KDFWR). The USFWS responded
on November 1, 2018 stating that significant impacts to federally listed species
are not likely to result from this project as currently proposed. The KDFWR
responded on September 17, 2018 noting the agency had no comments on the
project. ESA and FWCA requirements have been fulfilled for this project.
d. Coordination with Cultural Resources Agencies. Pursuant to Section 106 of the
National Historic Preservation Act of 1966 as implemented by regulations at 36
CFR 800, USACE initiated consultation in letters dated October 23, 2018, with
the Kentucky Heritage Council (KHC) and federally recognized tribes. In a letter
dated November 7, 2018, the KHC concurred with a ""no historic properties
determination."" In a letter dated November 15, 2018 the Cherokee Nation
responded with the statement that ""the Nation does not foresee this project
imparting impacts to Cherokee cultural resources at this time."" In addition, they
requested USACE to ""halt all project activities immediately and re-contact our
Offices for further consultation if items of cultural significance are discovered
during the course of this project."" No other consulting party provided a response.
Pursuant to 36 CFR 800.3(c)(4) the failure to respond allows USACE to proceed
to the next step. USACE concludes the Section 106 process with a ""no historic
properties affected"" determination.
e. Coordination with State and Regional Agencies: The Laurel County Water
District No. 2 submitted an application for, and received funding from the
Kentucky Infrastructure Authority loan program for this project.
7. In light of the general public interest, I have determined that the work would not
constitute a major Federal action significantly affecting the quality of the human or
natural environments within the meaning of the National Environmental Policy Act of
1969. Accordingly, I have concluded that an Environmental Impact Statement covering
the proposed work is not required. Further, having weighed the potential benefits that
may be accrued as a result of implementing the proposed Selected Action Alternative
against the reasonably-foreseeable detrimental effects, I conclude that the construction
of a 500,000-gallon water storage tank, Section 531 project in the Fariston community,
Laurel County, Kentucky, would be in the public interest.
__________________________
Date
_____________________________
Cullen A. Jones, P.E., PMP
Lieutenant Colonel, U.S. Army
District Commander
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 gm AVENUE SOUTH, ROOM A 405
NASHVILLE TN 37203
DEC 3 1 2018
Project Planning Branch
To All Interested Parties:
The U.S. Army Corps of Engineers, Nashville District (USACE), has prepared a Draft
Environmental Assessment (EA) and unsigned Finding of No Significant Impact (FONSI) to
assess the impacts of a proposed project to construct a 500,000-gallon elevated water
storage tank (Proposed Action Alternative No. 1) in the Greer Industrial Park located in
Fariston, Laurel County, Kentucky (Figu""re 1). The purpose of the proposed project is to
double the water storage capacity within the project area and provide a reliable water
supply and improved level of fire protection to both current and future residential and
industrial customers.
The draft EA considered four proposed action alternatives. The Proposed Action
Alternative No. 1 - 500,000-gallon elevated water storage tank (selected), and the No Action
Alternative were the only alternatives evaluated in detail. The No Action Alternative would
deny Federal funding for the proposed project through the Section 531 program. Proposed
Action Alternative No. 2 considered constructing a 250,000-gallon storage tank. Proposed
Action Alternative No. 3 considered constructing a 1,000,000-gallon storage tank. Proposed
· Action Alternatives 2 and 3 were eliminated from detailed consideration as described in the
draft EA.
This letter serves as Notice of Availability of the EA and the unsigned FONSI. Interested
parties may rev\iew electronic copies of these documents at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. A copy of the EA, unsigned
FONSI, and project plans are also available for review at the Laurel County Water District
No.2, 3910 South Laurel Road, London Kentucky 40744.
Please provide comments no later than February 1, 2019 to ensure consideration in ·
the EA. Email responses to: CorpsLRNPlanningPublicCom@usace.army.mil ; or mail
responses to the address listed in the letter head, attention Joy Broach, Aquatic Biologist. If
you have questions, please contact Joy Broach at (615) 736-7956. Your participation is
appreciated.
Sincerely,
~ O. ~
Timothy A. Higgs
Environmental Section Chief
Project Planning Branch
Enclosure
2
Kentucky ~
Laurel County '
'
Figure 1.
Fa~iston,
Kentucky Vicinity Map and Project Location
DRAFT
ENVIRONMENTAL ASSESSMENT
LAUREL COUNTY WATER DISTRICT NO. 2
FARISTON WATER STORAGE TANK
LONDON, KENTUCKY
DECEMBER 2018
For Further Information, Contact:
Joy Broach
US Army Corps of Engineers
Nashville District
th
110 9 Avenue South, RM A405
Nashville, TN 37203-3817
Telephone: (615) 736-7956
TABLE OF CONTENTS
SECTION 1 - PURPOSE AND NEED
1.01 Introduction................................................................................................. 1
1.02 Purpose, Need & Authority ........................................................................ 1
1.03 Project Location & Description ................................................................. 2
SECTION 2 - ALTERNATIVES
2.01 Evaluation of Alternatives ......................................................................... 2
2.02 Proposed Action Alternative No. 1 ............................................................ 2
2.03 Proposed Action Alternative No. 2....................................................2
2.04 Proposed Action Alternative No. 3...................................................3
2.05 No Federal Action Alternative ................................................................... 3
SECTION 3 - ENVIRONMENTAL REQUIREMENTS
3.01 General ........................................................................................................ 3
Protection Statute Summary Table ................................................................... 5
SECTION 4 - AFFECTED ENVIRONMENT
4.01 Natural Environment .................................................................................. 5
4.02 Cultural Environment
........................................................................ 7
SECTION 5 ENVIRONMENTAL IMPACTS
5.01 Environmental Consequences .................................................................. 7
5.02 Cumulative Effects ..................................................................................... 9
5.03 Recommended Mitigation Measures......................................................... 9
SECTION 6 - PUBLIC INVOLVEMENT AND COORDINATION
6.01 Coordination ............................................................................................... 9
6.02 Public & Agency Involvement ................................................................. 10
SECTION 7- CONCLUSIONS..........................................................................11
SECTION 8- REFERENCES............................................................................12
i
APPENDICES
Appendix 1. ...................................................................... Project Location Map
Appendix 2..............................................Preliminary Engineering Report
Appendix 3..............................................Letter - KY State Clearinghouse
Appendix 4..........................................Letter U.S. Fish & Wildlife Service
Appendix 5............Letter USDA Natural Resources Conservation Service
Appendix 6.................................Letter Kentucky Heritage Council/THPO
Appendix 7.....................................Letter U.S. Army Corp of Engineers
Appendix 8...........................................................FEMA Floodplain Map
Appendix 9.........................................IPaC Regulatory Review (Wetlands)
Appendix 10......Phase 1 Environmental Site Assessment (Exec. Summary)
Appendix 11.....................................................................EA Mailing List
Appendix 12.....................................Agency Comment Letters on Draft EA
ii
SECTION 1--PURPOSE AND NEED
1.01 Introduction
The Laurel County Water District No. 2, London, Kentucky (Laurel County) is
proposing to construct a 500,000 gallon elevated water storage tank within the
123 acre Greer Industrial Park that is currently being developed by the LondonLaurel County Industrial Development Authority. The industrial park is located in
the Fariston community of Laurel County just south of the London corporate
limits and near the London-Corbin Airport. Laurel County is located in
southcentral Kentucky and has a population of 60,174 as estimated by the U.S.
Census Bureau as of July 1, 2017. The county's 2012-2016 median household
income (MHI) was $36,139 compared to a Kentucky statewide MHI of $44,811.
The percentage of the population below the poverty level in Laurel County in the
period 2012-2016 was 23.2% which is somewhat higher than the Kentucky
average of 17.2%.
1.02 Purpose, Need, and Authority
The Laurel County Water District No. 2 owns and operates a water system which
serves the rural population of southern Laurel and northwestern Knox Counties.
The water system consists of a treatment plant along with a series of distribution
and transmission water lines, booster pump stations and storage tanks that are
strategically located throughout the system. The District operates and maintains
the water system through a Board of Commissioners, a General Manager, office
staff, and field service personnel. The Board of Commissioners consists of a
chairperson and four commissioners that are appointed by the Laurel County
Fiscal Court. Currently, the northern portion of the District's service area is
supplied by the Aisin Storage Tank in the Lily community with a 500,000 gallon
capacity. Steady residential and commercial growth in the area over the past few
years has resulted in inadequate water storage capacity for the area.
Construction of the proposed new 500,000 gallon water storage tank within the
Greer Industrial Park will not only double the volume of stored water available in
the District's northern service area but will provide capacity for future growth as
well as greatly improving the level of fire protection to both residential and
industrial customers. The proposed project is a cooperative agreement between
the Laurel County Water District No. 2 and the US Army Corps of Engineers
(Corps), established by authority of Section 531 of the Water Resources
Development Act of 1996. No other cooperating Federal agencies are involved
on this project. Funding, as established under Section 531, shall be shared 75%
Federal (Corps) and 25% Non-Federal (State and Local).
This Environmental Assessment (EA) is prepared pursuant to the National
Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ)
Regulations (40 CFR 1500-1517), and Corps implementing regulation,
ER 200-2-2, 1988.
1.03 Project Location and Description
The proposed 500,000 elevated water storage tank and access road will be
constructed on a 150'x150' site within the 123 acre Greer Industrial Park which is
located just south of the London corporate limits on US 25 and Old Whitley
Roads (see Appendix 1). This is a growth area near the London-Corbin Airport
that has convenient access to Interstate 75. The construction of the 200-foot
tank will consist of a concrete foundation and welded steel reservoir with a steel
support structure. An access road will be constructed from Court Road to the
water storage tank site. The access road will utilize an existing culvert for the
crossing of an intermittent stream within the industrial park. A 12-inch water
transmission main is already available to the proposed tank site and no additional
water line will be required. The land use of the surrounding area is largely mixed,
consisting of primarily medium density residential and light commercial and
industrial development.
SECTION 2--ALTERNATIVES
2.01 Evaluation of Alternatives.
Based on the continued need for potable water service and to accommodate
projected grown within the District's most northern service area, the District has
to initiate action to provide sustainable water service as required by the Kentucky
Division of Water and the Kentucky Public Service Commission. Final
determination of the project scope was dependent on the District's ability to meet
existing and future customer demands without having a significant impact of the
ability to meet current and future financial obligations. Therefore, viable project
alternatives were limited with focus largely on determining the most economical
capacity, style, and location of a proposed water storage tank. These alternatives
were considered in a preliminary engineering report completed in September
2018 and provided in Appendix 2.
2.02 Proposed Action Alternative No. 1 (Selected).
Construction of a 500,000 gallon elevated multi-column style structure at the
highest point available within the Greer Industrial Park. The proposed tank would
be constructed with the same overflow elevation as the existing Aisin Storage
Tank and the two tanks would work in tandem to serve the northern supply zone.
Accordingly, the new tank would need to be constructed to an overflow height of
approximately 200 feet. Selection of this alternative would double the available
storage capacity within the northern supply zone while allowing suitable
operational control.
2
2.03 Proposed Action Alternative No. 2
Construction of a 250,000 gallon elevated multi-column style tank with all other
considerations remaining consistent with those described for Alternative No. 1.
Similarly, all immediate project needs would be addressed with a 250,000 gallon
tank. With the substantially smaller tank, the total project cost would be
decreased by an estimated $450,000. However, the storage capacity gained
with this alternative is not expected to keep pace with area growth for the life of
the structure.
2.04 Proposed Action Alternative No. 3
Construction of a new 1,000,000 gallon elevated composite style tank to replace
the existing 500,000 gallon Aisin Storage Tank which is currently in need of
rehabilitation. The new tank would be constructed on a site within the Fariston
Industrial Park which is centrally located between the existing Aisin Storage Tank
and Greer Industrial park. This alternative would eliminate the need to
rehabilitate the existing tank, but would not facilitate redundant storage options
within the northern portion of the system. In addition, the total project cost would
exceed that of the proposed project by an estimated $1million.
2.05 No Federal Action Alternative.
The no action alternative would be to deny Federal funding for the project
through the Section 531 program. The result would be continued inadequate
water storage capacity for the northern portion of the Laurel County Water
District No. 2's service area.
The District selected Alternative No. 1 over Alternative 2 and 3. Alternative No. 1
will double the available storage capacity in the northern portion of the service
area and will have the least impact on the District's ability to meet current and
future financial obligations (see Appendix 2).
SECTION 3--ENVIRONMENTAL REQUIREMENTS
3.01 General
Endangered Species Act. The proposed project would not significantly impact
any federally-listed endangered or threatened species or adversely modify critical
habitat (See Appendix 4).
Historic Conservation. The proposed project would not affect religious sites or
ceremonial rites of Native Americans, any property listed or eligible for listing on
the National Register of Historic Places, any property listed as a National Historic
3
Landmark, or any archeological resource. An archaeological survey was
conducted on the entire 123 acre Greer Industrial Park by the University of
Kentucky, Department of Anthropology, and issued report entitled ""Phase I
Archaeological Survey of a Proposed 132-Acre Industrial Park In London, Laurel
County, Kentucky"" and dated January 2018.
In letters dated October 23, 2018, the Corps initiated consultation with the
Kentucky Heritage Council (KHC), Absentee Shawnee Tribe of Oklahoma,
Cherokee Nation, Eastern Band of Cherokee Indians, Eastern Shawnee Tribe of
Oklahoma, Shawnee Tribe, and United Keetoowah Band of Cherokee Indians.
In a letter dated November 7, 2018, the KHC concurred with a ""no historic
properties determination."" In a letter dated November 15, 2018 the Cherokee
Nation responded with the statement that ""the Nation does not foresee this
project imparting impacts to Cherokee cultural resources at this time."" In
addition, they requested the Corps to ""halt all project activities immediately and
re-contact our Offices for further consultation if items of cultural significance are
discovered during the course of this project."" The other consulting parties did not
provide a response. Pursuant to 36 CFR 800.3(c)(4) the failure to respond the
agency may proceed to the next step. The Corps concludes the Section 106
process with a ""no historic properties affected"" determination. (See Appendix 12).
Clean Water Act. The U.S. Army Corp of Engineers (Nashville District)
reviewed the proposed water storage tank project and determined that proposed
activities would not involve work in waters of the United States (streams and/or
wetlands); therefore, a Department of the Army (DA) permit would not be
required (See Appendix 7). The amount of area that would be disturbed during
construction would appear to exceed one acre; therefore coverage under the
Kentucky Pollutant Discharge Elimination System (KPDES) general permit for
storm water runoff from construction sites would be required.
Other State and Local Program Consistency. The project conforms to
existing land use patterns, zoning, and local plans and the water storage tank
plans will be approved by the Kentucky Division of Water (DOW). The Kentucky
State Clearinghouse Letter indicates no unresolved issues other than regulatory
and compliance issues which will be resolved prior to start of construction. The
DOW, Water Infrastructure Branch, does not oppose the project; however,
project plans and specifications must be approved by DOW prior to start of
construction (See Appendix 3).
Flood Plain/Wetlands. Neither the proposed tank site nor the proposed access
road are within, nor will they affect, a designated floodplain per FEMA Flood
Hazard Map (See Appendix 8). The U.S. Fish & Wildlife IPaC regulatory review
states that ""there are no known wetlands at this location"" (See Appendix 9).
4
Recreation. No federal lands are involved with this project. The project would
not adversely affect wild and scenic rivers and would not affect any parks,
parklands, ecologically critical areas, wildlife management areas, wildlife refuges
or other areas of ecological, recreational, scenic or aesthetic importance.
Important Farmland. The U.S. Department of Agriculture, Natural Resources
Conservation Service, reviewed the proposed project and determined that ""no
significant conversion of agricultural lands (prime, unique, or farmland of local or
statewide importance) will occur or be negatively impacted by the proposed
undertaking"" (See appendix 5).
Fish and Wildlife Coordination Act. The US Fish & Wildlife Service has
reviewed the proposal and has determined that no significant impact to federally
listed endangered or threatened species are anticipated (See Appendix 4). In
addition, the Kentucky Department of Fish & Wildlife commented to the KY State
Clearinghouse that ""Based on the information provided, the Kentucky
Department of Fish & Wildlife Resources has no comments concerning the
proposed project"" (See Appendix 3).
ENVIRONMENTAL REQUIREMENTS
Clean Air Act - 42 USC 469, et seq.
Clean Water Act - 336 USC 1251, et seq.
Endangered Species Act - 16 USC 1531, et seq.
Fish & Wildlife Coordination Act - 16 USC 661, et seq.
National Environmental Policy Act - 42 USC 4321, et seq.
National Historic Preservation Act - 16 USC 470a, et seq.
Rivers & Harbors Act - 33 USC 401, et seq.
Rivers & Harbors Act - 91 USC 122
Watershed Protection & Flood Preventions Act - 16 USC 1001, et seq.
Wild & Scenic Rivers Act - 16 USC 1271, et seq.
Flood Plain Management - Executive Order 11988
Protection of Wetlands - Executive Order 11990
Farmland Policy Protection Act - PL 97-98, 7 CFR 658
Environmental Justice - Executive Order 12898
FC
FC
FC
FC
FC
FC
NA
NA
FC
FC
FC
FC
FC
FC
FC-FULL COMPLIANCE, PC-PARTIAL COMPLIANCE, NA-NOT APPLICABLE
SECTION 4--AFFECTED ENVIRONMENT
4.01 Natural Environment
Physiography. Laurel County is located in the southeastern Kentucky
coalfield region. The area is characterized by mountainous terrain, rapid surface
runoff, and moderate rates of groundwater drainage. Elevations in the county
range from 723 to 1,760 feet above sea level. Laurel County was the 80th county
5
to be organized in Kentucky by an act of the general assembly in 1825 from parts
of Rockcastle, Clay, Knox and Whitley Counties. The early days of the county
were heavily influenced by the coal and lumber industries.
Climate. The climate of Laurel County is moderate but variable. The
average annual temperature is 55.98o F which is about the same as the Kentucky
average temperature of 55.62 degrees and is higher than the national
temperature of 54.45 degrees. The normal precipitation is 48 inches per year.
Geology/Soils. All of Laurel County lies within the Mountain and Eastern
Coal Field Region which is a part of the Cumberland Plateau. The soils in this
area are underlain by siltstone, sandstone, and shale.
The underlain soils of the project area are part of the Whitley-Latham-Lily
association. These soils are gently sloping to steep, moderately deep soils that
have a loamy or clayey subsoil. They are found on ridgetops and side slopes.
Lily and Bonnie silt loams make up the majority of the project area with slopes of
6% to 12%.
Terrestrial Resources. The project area is a rolling-mountainous region
consisting primarily of residential and light commercial/industrial properties.
Air Quality. Laurel County is located within the Appalachian Region for
the State's Air Quality Control Monitoring Program. The proposed project area is
located in an air quality attainment area. The nearest monitoring station is
Lexington. A review of the Kentucky Division for Air Quality's website revealed
an Air Quality Index of 51 for the Lexington area on November 21, 2018 which is
classified as ""Good-Moderate"" indicating that air quality is acceptable; however,
for some pollutants there may be a moderate health concern for a very small
number of people who are unusually sensitive to air pollution.
Aquatic Resources/Water Quality. The Rockcastle River forms the
western boundary and part of the northern boundary of Laurel County. The
Laurel River, which forms part of the southern boundary of the county, joins the
Cumberland River (Lake Cumberland) just east of the mouth of the Rockcastle
River.
Wetlands/Flooding. The proposed project will not impact a floodplain as
determined by the Flood Hazard Boundary Map - Community Panel Number
21125C0230 D (See Appendix 8). There are no known wetlands at the project
site location as determined by the U.S. Fish & Wildlife IPaC report (See Appendix
9).
Solid/Hazardous Waste. A Phase I Environmental Site Assessment (ESA)
for HTRW contamination was completed by the engineering firm, MSE of
6
Kentucky, Inc., in August 2017. Included in this assessment are interviews with
local residents, field inspections, and environmental database review for potential
contamination sources. No known contamination is present in the project area
and no follow up investigation is recommended. The executive summary of the
Phase I report is in Appendix 10.
Historic/Cultural Resources. An archaeological survey of the entire 123
acre Greer Industrial Park was conducted in January 2018 by the University of
Kentucky, Department of Anthropology. The archaeological report was
submitted to the Kentucky State Historic Preservation Officer (SHPO) who
responded in a letter dated February 14, 2018 stating ""We would recommend
that the project will result in No Effect to Historic properties"" (See Appendix 6).
The Corps consulted with the KHC and Indian Tribes with a historical relationship
to the area. Section 106 consultation concluded with a ""no historic properties
affected"" determination.
4.02 Cultural Environment
Socioeconomics. The July 2017 population estimate for Laurel County is
60,174. Laurel County had a population change of +2.3% from April 1, 2010 to
July 1, 2017. Persons over 65 years of age comprise 15.9% of the total
population of the county. Minorities comprise 3% of the county population. The
2012-2016 median household income of the county is $36,139 compared to a
Kentucky median household income of $44,811 for the same period. Persons
residing in the county below the poverty level is 23.2% compared to 17.2%
statewide.
Transportation. London is approximately 76 miles southeast of Lexington
via Interstate 75.
Housing. The 2012-2016 preliminary data indicates 69.2% of Laurel
County's population are homeowners with a median home value of $99,900.
SECTION 5--ENVIRONMENTAL IMPACTS
5.01 Environmental Consequences
Terrestrial Resources. The proposed water storage tank and access road
will be constructed within the 123-acre Greer Industrial Park which has been
committed to industrial development. The access road will utilize an existing
culvert over an intermittent stream; therefore potential construction impacts
would be minimal and temporary. The construction areas would be stabilized
and reseeded with grasses as soon as possible upon project completion. Only
short-term impacts during construction with no long-term adverse impacts would
occur.
7
Air Quality. Temporary construction impacts could include fugitive dust
emissions. Best management practices and housekeeping steps, such as
wetting or spraying, would be incorporated as necessary. Sites would be
reseeded/stabilized as sections of construction are completed.
Water Quality/Aquatic Resources. Potential localized and short-term
impacts to water quality could occur with project construction. However, with the
implementation of Best Management Practices (BMP's), such as erosion control
and timely reseeding of disturbed area, impacts would be minimal. Compliance
with the storm water general permit would ensure minimal impacts on water
quality. Long-term and cumulative effects of this project are beneficial for
customers of the Laurel County Water District No. 2.
Wetlands/Flooding. There would be no impact to wetlands as determined
by the U.S. Fish & Wildlife Service IPaC report (See Appendix 9) or any
designated floodplain area per FEMA Flood Hazard Map (See Appendix 8).
.
Historic/Cultural Resources. There would be no affect on historic
properties or cultural resources. (See Appendix 6).
Hazardous/Solid Waste. The project should not result in solid waste
concerns with proper collection and disposal of construction and related waste.
Hazardous waste generation is not anticipated.
Noise. There could be an increase in noise levels during the construction
period. However, the impact would be localized, temporary and should not
approach nuisance levels.
Socioeconomics. The most immediate environmental impact would be a
sustained volume of water storage to serve the northern most section of the
District's service area. Over time, the positive effects of the project would spread
into surrounding communities. No homes or buildings would be adversely
impacted by the proposed project. Project cost via user rates would be spread
evenly to all customers of the water system.
Housing. A sustained volume of stored potable water will be an asset to
all households within the District's service area.
Environmental Justice. Effects on the quality of the human environment
are not likely to be controversial. The proposed water storage tank construction
will not adversely or disproportionately effect human health or environmental
conditions in minority populations or low-income populations and is in compliance
with guidance set forth by Executive Order 12898.
8
Transportation. There is an inherent risk to the public any time
construction takes place in an area where vehicular traffic is significant. Proper
steps would be taken to insure the safety of the public. Prior to construction, the
public would be informed of the schedule of construction and scope of work.
During construction, if necessary, periodic press releases would be issued with
information about areas under construction and possible road closures or traffic
delays. The contractor would not be given authority to close or limit traffic
without the permission of Kentucky Department of Transportation (KDOT) or the
owner. During construction, the contractor would furnish, erect and maintain
barricades, warning signs, and flaggers in such a manner that all local and
through traffic would be adequately accommodated. Emergency vehicle access
would be maintained. These steps would limit any impacts associated with
construction.
5.02 Cumulative Effects. Effects would be the sustained volume of potable water
available to community residents and businesses/industries.
5.03 Recommended Mitigation Measures. Potential adverse impacts would be
minimized with proper construction techniques and implementation of Best
Management Practices (BMP's) as previously discussed. The construction
contractor will be required to obtain coverage for storm water discharges under
the Kentucky Division of Water general permit for construction activities.
SECTION 6--PUBLIC INVOLVEMENT AND COORDINATION
6.01 Coordination
This EA was prepared by the US Army Corps of Engineers in coordination with
Monarch Engineering, Inc., consultant for the Laurel County Water District No. 2.
Copies of this report are available for review at the following locations:
Laurel County Water District No. 2, 3910 South Laurel Road, London, KY
40744
US Army Corps of Engineers, Section 531 Environmental Infrastructure
Program, 110 9th Avenue South, RM A405, Nashville, TN 37203-3817.
9
The following is a list of persons and agencies consulted or involved in
preparation of this EA to date:
Lisa Morris
U.S. Army Corp of Engineers
Regulatory Branch-Nashville District
3701 Bell Road
Nashville, TN 37214
PH: (615) 369-7504
Lee Mudd, P.E.
Monarch Engineering, Inc.
556 Carlton Drive
Lawrenceburg, KY 40342
PH: (502) 583-7020
Joy Broach
U.S. Army Corp of Engineers
Nashville District
110 9th Avenue South, RM A405
Nashville, TN 37203-3817
PH: (615) 736-7956
Craig A. Potts
Kentucky Heritage Council and
State Historic Preservation Officer
410 High Street
Frankfort, KY 40601
PH: (502) 564-7005
Perri Pedley
U.S. Department of Agriculture
Natural Resources Conservation Service
100 Commonwealth Drive
Mayfield, KY 42066
PH: (270) 247-9529
Lee Andrews
US Fish and Wildlife Service
JC Watts Federal Building, Room 226
330 West Broadway
Frankfort, KY 40601
PH: (502) 695-0468
Lee Nalley
Kentucky State Clearinghouse, D.L.G.
1024 Capital Center Drive, Suite 340
Frankfort, KY 40601
PH: (502) 573-2382
William C. Norris
Environmental Assessment Services, LLC
2220 Celina Road
Burkesville, KY 42717
PH: (270) 433-7256
Russell Townsend
Tribal Historic Preservation Specialist
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee, NC 28719
Governor Edwina Butler-Wolfe
Absentee-Shawnee Tribe of Oklahoma
2025 S. Gordon Cooper Dr.
Shawnee, OK 74801-9381
Principal Chief Bill John Baker
Tribal Historic Preservation Officer
Cherokee Nation
P.O. Box 948
Tahlequah, OK 74465-0948
Principal Chief Richard Sneed
Eastern Band of Cherokee Indians
Qualla Boundary
P.O. Box 445
Cherokee, NC 28719
Chief Glenna J. Wallace
Eastern Shawnee Tribe of Oklahoma
P.O. Box 350
Seneca, MO 64865
Chairperson Ron Sparkman
Shawnee Tribe
P.O. Box 189
Miami, OK 74355
Chief Joe Bunch
United Keetoowah Band of Cherokee Indians in OK
P.O. Box 746
Tahlequah, OK 74464-0746
10
6.02 Public & Agency Involvement
A Notice of Availability of the Draft Environmental Assessment and unsigned
Finding of No Significant Impact will be circulated in draft form to the local
community and local, state and federal governmental agencies with jurisdiction
by law or special expertise for a 30-day review/comment period. Public
comments will be incorporated into the final draft.
SECTION 7--Conclusion
The US Army Corps of Engineers Section 531 program funding offers funds to
communities, counties and other public entities for water system treatment and
storage facilities. Such is the case in the Laurel County Water District No. 2's
`Fariston Water Storage Tank' project The objective of the proposed project is to
increase the level of water storage in the District's northern supply zone. The
additional water storage capacity will ensure that the system will be able to meet
the demand of its existing and future customers in a safe and efficient manner.
The combined efforts of the local community, the Laurel County Water District
No. 2, the Kentucky Infrastructure Authority, and the US Army Corps of
Engineers would provide for adequate potable water storage for the District's
current customers and would allow for future growth of the system.
No significant adverse impacts have been identified. No significant scientific
resources such as threatened or endangered species, threatened or endangered
species habitat, water quality, forestation, or air quality would be adversely
affected by the project. The project construction would take place within the 123acre Greer Industrial Park. Short-term impacts associated with construction
would be localized and minor with the use of Best Management Practices. The
Corps will verify during the pre-construction meeting that the District or its
construction contractor has obtained coverage under the Kentucky Division of
Water (KDW) general storm water permit for construction activities related to this
project and that plans have been approved by KDW.
Some possible temporary negative impacts on the human environment could
include noise abatement, temporary road closure and aesthetic problems.
However, these impacts would be temporary and insignificant when compared to
the positive permanent impact the project would have in providing adequate and
sustainable water storage to the customers of Laurel County Water District No.2.
11
SECTION 8--REFERENCES
US Census Bureau. State and County QuickFacts. Census information on
website http://www.census.gov/quickfacts/fact/laurelcountykentucky
USDA, Soil Conservation Service. 1976. Soil Survey of Laurel and Rockcastle
Counties, Kentucky.
USGS, Lily Quadrangle, Kentucky 7.5-minute Topographic Quadrangle Map.
Kentucky Ambient Air Monitoring Network, Air Quality Index
http://eppcapp.ky.gov/dag/D
Kentucky Atlas & Gazetteer www.kyatlas.com
Kentucky Cabinet for Economic Development. http://www.thinkkentucky.com
USA.com http://www.usa.com/laurel-county-ky-weather.htm
Groundwater Resources in Kentucky
http://www.uky.edu/kgs/water/library/gwatlas/laurel/topography
12
Appendix 1
Project Location Map
PROPOSED 500,000 GALLON
FARISTON WATER STORAGE TA
Greer
l Tndustrial
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· Par
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Appendix 2
Preliminary Engineering Report
PRELIMINARY ENGINEERING REPORT
FOR THE
LAUREL COUNTY WATER DISTRICT #2
FARISTON WATER STORAGE TANK
SEPTEMBER 2018
A
Monarch Engineering, Inc.
\;OJ
2 5
PRELIMINARY ENGINEERING REPORT
FARISTON WATER STORAGE TANK
LAUREL COUNTY WATER DISTRICT #2
LAUREL COUNTY, KENTUCKY
I.
GENERAL
This Preliminary Engineering Report is intended to detail and analyze the proposed water
system improvements project which is being planned by the Laurel County Water
District No. 2. The project includes the construction of a new 500,000 gallon elevated
water storage tank struchll""e to be located in the Fariston community of central Laurel
County, Kentucky.
II.
PROJECT PLANNING AREA
The proposed water storage tank site lies within the boundaries of the planned Greer
Industrial Park which is currently under development by the London-Laurel County
Industrial Development Authority (LLCIDA). The 123 acre industrial park lies just south
of London, Kentucky, being situated in the far northern p01iion of the District's service
area. The land use of the smTounding area is largely mixed, comprised primarily medium
density residential and light commercial/indush·ial development. Some intermittent areas
of agricultural land are also present as well. The London-Corbin Airport is also nearby,
lying approximately 4,500 feet north of the proposed tank site.
The project area and the water distribution system as a whole have experienced
significant growth since the system was first developed over fifty years ago. Due to its
close proximity to the I-65 c01Tidor, lying between the cities of London and Corbin, it is
anticipated that sustained residential and commercial growth will continue within the
system going fo1ward. The development of the proposed Greer Industrial Park, and also
the newly established Fariston Industrial Park to the south, are expected to greatly
increase demands on the existing distribution system. New jobs created by businesses
locating within these industrial parks are expected to spur additional residential and
commercial development throughout the service area.
III.
EXISTING FACILITIES
The Laurel County Water District No. 2 owns and operates a water h·eatment and
distribution system which serves the rural population of south central Laurel and no1ih
western Knox Counties. The Dish·ict operates and maintains the water system through a
Board of Commissioners, a General Manager, as well as office and field personnel. The
Board of Commissioners consists of a chairperson and four commissioners, all of which
are appointed by the Laurel County Fiscal Court.
The District produces the vast majority of the systems potable water at its own tTeatment
facility, however it does intermittently purchase a small amount of wholesale water for
resale from the London Utility Commission. The combination of which has sufficient
capacity to serve the Company's approximately 6,000 existing residential, commercial
and industrial customers.
The District's water treatment plant is located in the approximate center of the
distribution system, near the community of Hopewell. The facility has a rated treatment
capacity of 2.88 MGD and is currently operating at approxinmtely 50% of that capacity
producing 1.46 MGD on average. The treatment plant is a conventional surface water
filtration facility, consisting of a raw water intake & pumping sh11cture, flash mix,
settling basins, multi-media filters, chemical disinfection, clearwell storage, and finished
water pumping facilities. The primaiy water source is the Laurel River Lake, which
generally yields high quality raw water and is of abundant capacity.
The water distribution system consists of a network of water transmission and
distribution mains along with a series of water tanks and booster pump stations. This
includes vai-ious sized water lines ranging from 2-inch to 16-inch, three pumps stations,
and three water storage tanks with a rated capacity of 1,700,000 gallons. The majority of
the system has been in place for less than 50 years. Pipe material within the system
consists of cast iron and asbestos cement for the older lines along with ductile iron and
plastic for the newer ones. Water loss within the system is generally maintained at
acceptable levels, with an average amrnal loss of about 15%.
The District is currently in compliance with all Federal and State Regulations regarding
the sanitary features of the potable water treatment and distribution system. In addition,
the utility is governed by the Public Service Commission, and they have no cunent
violations of PSC regulations.
IV.
NEED FOR THE PROJECT
The projects primaiy objective is to increase the level of water storage in Dish·ict's
n011hern supply zone. The additional water storage capacity will ensure that the system
can meet the demands of existing and future customers in safe and efficient manner. In
addition to correcting the existing capacity issues, the additional storage will al low the
District to provide substantial fire protection coverage in the area.
Currently, the northern pot1ion of the District's service area is supplied via one existing
storage tank in the Lilly community (Aisin Storage Tank - 500,000 gallon capacity).
Demand growth in this area has been steadily increasing over the past few decades,
largely as a result of gains in residential development. However, in recent years, the
London - Laurel County Industrial Development Authority (LLCIDA) has purchased two
large tracts of farmland and is cmrently developing these parcels into industrial parks. As
a result of this sustained growth, the District's water storage capacity is no longer
adequate and must be increased.
Considering that this vital area of the system is cunently supplied by only one storage
tank, the system lacks redundancy. Accordingly, should a failure or other major issue
arise with the existing Aisin Storage Tank, customers in the area would face a lengthy
period with a very limited or non-existent supply of potable water. Moreover, the
construction of an additional tank in the Fariston community will allow the District to
maintain normal service when future tank maintenance and rehabilitation activities are
required at regular intervals.
V.
ALTERNATIVES CONSIDERED
Based on the continued need for potable water service and also need to accommodate
growth within the project area, the District must take the necessaiy steps to continue
providing service as required by the Kentucky Division of Water and the Kentucky
Public Service Commission. Determination of the final project scope was centered on
meeting existing and future customer demands without significantly burdening the
District's ability to meet its cmTent and future financial obligations. Accordingly, viable
project alternatives were limited and focused largely on determining the most economical
capacity, style, and location of the proposed water storage tank.
Alternative No. 1 (Selected): Construction of a 500,000 gallon elevated multi-column
style strncture at the highest point available within the proposed Greer Industrial Park.
The proposed tank would be constrncted to the same overflow elevation as the existing
Aisin Storage Tank such the two tanks would work in tandem to serve the northern
supply zone. Accordingly, the proposed tank would need to be constrncted to an
overflow height of approximately 200 feet. Selection of this alternative would double the
available storage capacity within the supply zone while also permitting suitable
operational control.
Alternative No. 2: Consh·uction of a 250,000 gallon elevated multi-column style shllcture
with all other considerations remaining consistent with those described for Alternative
No. 1. Similarly, all immediate project needs would be addressed with a 250,000 gallon
strncture. Considering the substantially smaller tank size, the total project cost would be
decreased by an estimated $450,000. However, the modest gain in storage capacity is not
expected to keep pace with demand growth for the life cycle of the strncture.
Alternative No. 3: Conshllction of a new 1,000,000 gallon elevated composite style
structure to replace the existing 500,000 gallon Aisin Storage Tank which is currently
due for rehabilitation. The new tank would be constructed on a site within the Fariston
Industrial Park, which is cenh'ally located between the existing Aisin Storage Tank and
the Greer Indush·ial Park. This alternative would eliminate the need to rehabilitate the
existing tank, but would not facilitate redundant storage options within the n011hern
portion of the system. In addition, the total project cost would exceed that of the
proposed project by an estimated $1,000,000.
Aside from the major alternatives presented above, slight variations of those alternatives
were also considered. Discussion and analysis of the primary alternatives and variants
centered on the final location and style of the proposed storage tank. Considerations
included: the long te1m needs of the service area; the location of existing transmission
mains and tank sites; the availability of transmission main rights-of-way; the future cost
of maintaining the improvements; and the total project costs.
VI.
PROPOSED PROJECT
In order to correct the cunent water storage inadequacies within the Dish·ict's n011hern
supply zone, the project proposes to construct a new 500,000 gallon water storage tank
within the Greer Industrial Park. The proposed water storage tank will be an elevated
welded carbon steel water storage tank supported by a series of cylindrical steel columns
and cross bracing. The tank shall be a Toro Ellipsoidal (Torus Bottom) style Multi
Column structure constructed to an overflow elevation of 1359' MSL, that being equal to
that of the existing Aisin Storage Tank. The final tank design shall incorporate operating
parameters as follows:
· The minimum operating capacity of the storage tank will be 500,000 US gallons
· The capacity of the tank, low to high water level, shall be contained within a
maximum operating range of the 37'
· The storage tank overflow/ top capacity level elevation shall be 1359'
· The height of the tank, top of foundation to overflow shall be 200'
· Top of foundation elevation shall be 1159.00'
· The existing ground elevation varies from 1155.50' to 1161 .00'
· The finished ground elevation shall be 1158.00' +/
The structural design of the elevated water storage tank shall conform to the
following design standards except as modified or clarified in the final design
documents.
·
·
·
·
Reinforced Concrete Foundations: AWWA DlOO & ACI 318
Welded Steel Water Tank: AWWA DlOO
Steel Water Storage Tank Coatings: AWWA Dl02
Environmental Loading: A WWA D 100 & ASCE 7
The LLCIDA has verbally agreed to donate a roughly half acre parcel within the Greer
Park to the District. The selected site is located on the western boundary of the park and
is of a suitable elevation to facilitate construction of the proposed tank. Prior to the start
of the final design, a geotechnical investigation will be undertaken to determine the site
specific foundation requirements.
Attached as a part of this report is a topographic map which depicts the location of the
proposed water storage tank, tank site access road and the proposed connection points to
existing system mains.
VII.
ENVIRONMENTAL IMPACTS
Considering the project location, limited footprint and scope of the project, no significant
adverse environmental impacts are expected as a result of the project. Fm1hermore, no
significant scientific resources such as threatened or endangered species, threatened or
endangered species habitat, water quality, or air quality are expected be adversely
affected by the project. Short-term impacts associated with the project would be localized
and minor with the use of Best Management Practices.
Some possible tempora1y negative impacts on the human environment could include
construction noise and aesthetic problems. However, these impacts would be temporary
and insignificant when compared to the positive permanent impact the project would
have on the local community in the form of a continued safe and reliable supply of
potable water.
The staff of the University of Kentucky Program for Archaeological Research recently
conducted a Phase I archaeological survey of the entire 132-acre Greer Industrial Park at
the request of the LLCIDA. The findings of the survey have been reviewed by the
Kentucky Heritage Council/State Historic Preservation Officer (SHPO). SHPO issued a
letter dated February 14, 2018 stating that "" We would recommend that the project will
result in No Effect to Historic Properties."" Although the survey and rep01i were prepared
relative to development of the industrial park as a whole, it is anticipated that
construction of the proposed water storage tank will attain similar concuITence from
SHPO.
The project has been submitted to the Kentucky State e-Clearinghouse, which is the
official designated Single Point of Contact (SPOC) for the Commonwealth pursuant to
Presidential Executive Order 123 72. The clearinghouse letter relative to this project
(SAi# KY201808311020) is included as an attachment to this rep011.
VIII.
LAND REQUIREMENTS
As previously noted, the new water storage tank will be constmcted on a site within the
Greer Industrial Park. In order to facilitate future painting and maintenance of the tank, a
minimum permanent tank site of no less than 150 feet square (0.52 acres) shall be
acquired by the Dish""ict in fee simple title. To allow adequate space for material staging
and equipment storage during construction, and an additional area of no less than 0.92
acres shall be made available adjacent to the site. This temporary consttuction easement
will revert back to the adjoining landowner (LLCIDA) once constluction is complete.
The proposed site is currently landlocked and a suitable access easement of no less than
20 feet in width shall be conveyed with the tank site. Access to the site shall be from
Court Road and will parallel the LLCIDA property line adjacent to an existing residential
subdivision. An existing 12-inch water tt·ansrnission main is already present on the
existing site and no additional water line easements will be required. The proposed tank
will need an electt·ical service, so an electt""ic easement to the site will need to be granted
to the local power company for this purpose.
IX.
CONSTRUCTION CONCERNS
Considering the substantial overall height of the proposed tank and the close proximity of
the tank site to the London-Corbin Airport, the location of the structure must be approved
by the FAA and the KY Airpmt Zoning Commission. Siting applications were filed with
both entities in July 2017. Correspondence from both entities was received by the District
in September 2017 granting clearance with only red aviation marking lights being
required.
The FAA and KAZC determination does permit temporary construction equipment such
as cranes which may be used during construction of the storage tank. However, this
equipment shall not exceed the overall height of the proposed structure. If equipment
which has a height greater than the proposed tank is needed, it will require a separate
notice to the FAA. This information will be included in the bid documents and
prospective contractors will be required to inform the District if their construction
methods will require such additional clearances.
No other major construction concerns are anticipated with the project.
X.
PROJECT SCHEDULE
Land & Easement Acquisition:
Finalize Project Funding:
Kentucky Division of Water Submittal:
Advertise for Construction Bids:
Contract Award/Begin Construction:
Substantial Completion:
Final Completion:
XI.
November 2018
December 2018
December 2018
January 2019
March 2019
March2020
May 2020
PROJECT COST & FUNDING
An itemized preliminary cost estimate is included in this repo1t and outlines all of the
individual construction items along with their estimated unit costs. A summary cost
estimate is incorporated therein and recaps all of the project costs and outlines the
funding scheme for the project.
The total construction cost has been estimated to be $1 ,400,000, with a corresponding
total project cost of $1 ,850,000. Full project funding has been secured through a
combination of grant and low-interest loan funds. Specifically, the funding package
includes a $1,300,000 grant which was awarded through the Section 531 - Southern and
Eastern Kentucky Environmental Infrastructure Program, a $445,000 low interest loan
from the Kentucky Infrastructure Authority, and $105,000 in local funds from Laurel
County Water District No. 2.
VII.
CONCLUSIONS AND RECOMMENDATIONS
Based on the need to provide existing and future customers with a sufficient and
dependable potable water supply, it is recommended that the Lamel County Water
District No. 2 pursue the financial assistance as outlined herein so that the proposed
project can be implemented as soon as possible.
Once complete, the proposed storage tank will double the volume of stored water
available in Districts northern service area. As a result, the Dish·ict will have the excess
capacity required to meet the area's surging demand. In addition, the proposed storage
tank will greatly improve the level of fire protection which the District can provide to
potential occupants in both new industrial parks and also to those residential customers in
the surrounding areas.
\
\.
PROPOSED 500,000 GALLON
FARISTON WATER STORAGE TA
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PRELIMINARY COST ESTIMATE
FARISTON WATER STORAGE TANK
LAUREL COUNTY WATER DISTRICT #2
SEPTEMBER 2018
ITEM
NO.
DESCRIPTION
1
Erosion & Sedimentation Controls
2
Site Preparation, Grading & Excavation
3
500,000 Gallon Steel Multi-Column Elevated Tank
3A Foundation
38 Welded Steel Reservoir & Support Structure (200' Tall)
3C Appurtenances & Accessories
3D Coatings & Disinfection
4
Yard Piping & Appurtenances
Miscellaneous Site Improvements
5
(Access Road, Parking , Ditches)
Final Site Restoration & Cleanup
6
UNIT
COST
$10,000.00
25,000.00
TOTAL
COST
$10,000.00
25,000.00
LS
LS
LS
LS
LS
200,000.00
850,000.00
20,000.00
200,000.00
50,000.00
200,000.00
850,000.00
20,000.00
200,000.00
50,000.00
1 LS
25,000.00
25,000.00
1 LS
20,000.00
20,000.00
Subtotal
Contingencies ( 10%)
$1,400,000.00
140,000.00
TOTAL CONSTRUCTION
$1,540,000.00
QUANTITY
1 LS
1 LS
1
1
1
1
1
Preliminary Engineering Report
Environmental Assessment
Geotechnical Investigation
Legal & Administration
Engineering Design
Construction Inspection
US Army Corps of Engineers Review & Administration
$10,000.00
5,000.00
10,000.00
20,000.00
117,000.00
73,000.00
75 000.00
TOTAL NON-CONSTRUCTION
$310,000.00
TOTAL PROJECT COST
$1,850,000.00
USACE Section 531 Grant
$1 ,300,000.00
KIA Fund B Loan
Laurel County Water District No. 2
$445,000.00
105,000.00
TOTAL PROJECT FUNDING
$1,850,000.00
Appendix 3
Letter - KY State Clearinghouse
MATIHE W G. BEVl N
DEPARTMENT FOR LOCAL GOVERNMENT
SANDRA K. DUNAHOO
GOVERNOR
OFFI C E OF T llE GOVERNOR
1024 CA PITAL CENTER DRIVE. SUITE 340
FRA NKFORT, KENTUC KY 4060 1-8204
PH ONE (502) 573-2382 FAX (502) 573-2939
T OL L FREE (800) 346-5606/ T DD:7 1I
WWW.kydlgweb.ky.gov
COMM ISS IONER
September 17, 2018
Mr. Kenneth Fisher
Laurel County Water District #2
P 0 Box 2598
London, KY 40744
RE:
Fariston Water Storage Tank
WX.2 11 25020
SAT# KY201808311020
CFDA# I 0.760
Dear Mr. Fisher:
The Kentucky State e-Clearinghouse is the official designated Single Point of Contact (SPOC) for the
Commonwealth pursuant to Presidential Executive Order 12372, and suppo1ted by Kentucky Statutes KRS 45 .03.
The primary function of the SPOC is to streamline the review aforementioned process for the applicant and the
funding agency. This process helps in vocalizing the statutory and regulatory requirements. information in the
form of comments, if any, will be attached to this correspondence.
This proposal has been reviewed by the appropriate state agencies in the e-Clearinghouse for conflicts with state
or local plans, goals and objectives. After receiving this letter, you should make it available to the funding agency
and continue with the funding agencies application process. This e-clearinghouse SPOC letter signifies only that
the project has followed the state reviewing requirements, and is neither a commitment of funds from this agency
or any other state or federal agency. Please remember ifany federal reviews are required the applicant must follow
through with those federal agencies.
The results of this review are valid for one year from the date of this letter. If the project is not submitted to the
funding agency or not approved within one year after the completion of this review, the applicant can request an
extension by email to Lee.Nalley@ky.gov. If the project changes in any way after the review, the applicant must
reapply through the eclearinghouse for a new review. There are no exceptions.
If you have any questions regarding this Jetter or the review process please contact the e-Clearinghouse office at
502-573-2382, ext. 274.
Sincerely,
~\\oJlSho·
Lee Nalley, SPOC
Kentucky State Clearinghouse
Attachment
An Equal Opportunity Employer M/ F/D
\
Department of Housing, Buildings and Construction
Kevin Carli n
The Department of Housing Buildings and Construction, Division of Building Code Enforcement, has no
comments concerning the proposed project.
Division of Enforcement
Tim Harrod
The Division of Enforcement does not object to the project proposed by the applicant.
Tim Harrod, Enforcement Specialist, Division ofEnforcement, Timothy.Harrod@ky.gov
Division of Water
Andrea Fredenburg
Best management practices should be utilized to reduce runoff from project construction activities into nearby
waters.
Division of Water
Julia Harrod
A Water Withdrawal Application is not required for this proposed project. This proposed project is within the
Corbin Utilities Commission designated Source Water Protection Area: Zone 3. Questions should be directed to
Chloe Brantley at 502-782-6898 or Chloe.Brantley@ky.gov
The proposed Fariston Water Storage Tank project will tie into the newly constructed 12"" transmission line. The
new line that wi ll co1111ect to the tank needs to be mapped in the WRIS to satisfy Water Management Plaru1ing.
Questions should be directed to Julia Harrod, 502-782-6967 or julia.harrod@ky.gov
This proposed project does not require a Kentucky Division of Water Application for Permit to Construct Across
or Along a Stream. Questions should be directed to Ron Dutta at 502-782-6941 or Ramendra.Dutta@ky.gov
Division of Water
Abba Pourghasemi
No objections to the proposed project. Plans and specifications along with hydraulic analysis of the proposed
project (including fill/drain cycles of the tank to justify adequate tank turn over) must be submitted to the Division
of Water's Water Infrastructure Branch by a registered professional engineer in Kentucky. Must receive a written
approval from the Division of Water prior to the beginning of the construction.
Division of Water
Ryan Reed
System should continue efforts to implement the Division of Water's recommendation from the most recent
Sanitary Survey (April 20 I7).
DOW
Daniel Fraley
Endorse
DOW
Wei Ji
The proposed work is endorsed by the Groundwater Section of the Watershed Management Branch. However, the
proposed work is located in an area with a high potential for karst development where groundwater is susceptible
to direct contamination from surface activities. It is our recommendation that proposed work be made aware of the
requirements of 40 I KAR 5:037 and the need to develop a Groundwater Protection Plan (GPP) for the protection
of groundwater resources within that area. Questions should be directed to Wei Ji (502-782-6934) or Section
Supervisor David Jackson (502-782-6986).
Fish and Wildlife
Dan Stoelb
Based on the information provided, the Kentucky Department of Fish & Wildlife Resources has no comments
concerning the proposed project. Please contact Dan Stoelb@ 502-892-4453 or Daniel.Stoelb@ky.gov ifyou have
further questions or require additional information.
Kentucky Department for Environmental Protection
Larry Taylor
Joel Murphy - Endorse with Comments The proposed project is subject to Division of Water (DOW) jurisdiction
because the following are or appear to be involved: water storage tank construction. Prior approval must be
obtained from the DOW before construction can begin. The applicant must cite the State Application Identifier
(SAl #KY20180831 I020) when submitting plans and specifications.
A Water Withdrawal Application is not required for this proposed project. This proposed project is within the
Corbin Utilities Commission designated Source Water Protection Area: Zone 3. Questions should be directed to
Chloe Brantley at 502-782-6898 or CWoe.Brantley@ky.gov. The proposed Fariston Water Storage Tank project
will tie into the newly constructed 12"" transmission line. The new line that will connect to the tank needs to be
mapped in the WRIS to satisfy Water Management Planning. Questions should be directed to Julia Harrod, 502
782-6967 or Julia.Harrod@ky.gov. This proposed project does not require a DOW Application for Permit to
Construct Across or Along a Stream. Questions should be directed to Ron Dutta at 502-782-6941 or
Ramendra.Dutta@ky.gov.
The proposed project consists of the construction of a new 500,000 gallon elevated water storage tank to be
constructed in Fariston community. The structure will be a multi-column type storage tank and will be built on a
site within the Fariston Industrial Park.
There are no objections to the proposed project. Plans and specifications along with hydraulic analysis of the
proposed project (including fill/drain cycles of the tank to justify adequate tank turn over) must be submitted to
the DOW's Water Infrastructure Branch by a registered professional engineer in Kentucky. The applicant must
receive a written approval from the DOW prior to the beginning of the construction. Abbas Pourghasemi, Water
IJ1frastructure Branch, (502) 782-7041 , Abbas.Pourghaserni@ky.gov.
System should continue efforts to implement the DOW's recommendation from the most recent Sanitary Survey
(April 2017). Ryan Reed, Water Infrastructure Branch, (502) 782-7045, Ryan.Reed@ky.gov.
Best management practices should be utilized to reduce runoff from project construction activities into nearby
waters. Andrea Fredenburg, Water Quality Branch, (502) 782-6950, Andrea.Fredenburg@ky.gov.
No comment. Daniel
Daniel.Fraley@ky.gov.
Fraley,
Compliance
and
Technical
Assistance
Branch,
(606)
783-8655,
The Division of Enforcement does not object to the project proposed by the applicant. Tim Harrod, Division of
Enforcement, (502) 782-6858, Timothy.Harrod@ky.gov.
The proposed work is endorsed by the Groundwater Section of the Watershed Management Branch. However, the
proposed work is located in an area with a high potential for karst development where groundwater is susceptible
to direct contamination from surface activities. It is our recommendation that proposed work be made aware of the
requirements of 401 KAR 5:037 and the need to develop a Groundwater Protection Plan (GPP) for the protection
of groundwater resources within that area. Wei Ji, Watershed Management Branch, (502) 782-6934,
Wei.Ji@ky.gov.
If the construction area disturbed is equal to or greater than I acre, the applicant will need to apply for a Kentucky
Pollutant Discharge Elimination System (KPDES) storm water discharge permit.
Utility line projects that cross a stream will require a Section 404 permit from the US Army Corps of Engineers
and a 401 Water Quality Certification from DOW.
The Kentucky Division of Water suppo1ts the goals of EPA's Sustainable Infrastructure Initiative. This initiative
seeks to promote sustainable practices that will help to reduce the potential gap between funding needs and
spending at the local and national level. The Sustainable Infrastructure Initiative will guide our effo1ts in changing
how Kentucky views, values, manages, and invests in its water infrastructure. This website,
www.epa.gov/waterinfrastructure/, contains infonnation that will help you ensure your facility and operations are
consistent with and can benefit from the aims of the Sustainable Infrastructure Initiative.
Kentucky Division of Water
Chloe Brantley
reviewed.
Kentucky Infrastructure Authority
Dustin Horn
This project was reviewed in the WRlS Po1tal by KIA staff.
Kentucky Transportation Cabinet (D-11)
Quentin Smith
Contact KYTC District 11 permits prior to any work on or near KYTC Right of Way. (606)598-2145.
KY Heritage Council
Yvonne Sherrick
To receive a review from the KY Heritage Council/State Historical Preservation Office (SHPO) you must follow
the instructions located on their website at http://www. heritage.ky.gov/siteprotect/ . There you will find the
required documents for tbe Section I 06 Review and Compliance for 36 CFRPat1800. Th.is Section 106 submission
process to SHPO will assist applicants and agencies in providing the appropriate level of information to receive
comments from SHPO. If you have any questions please contact Yvonne Sherrick, Administrative Specialist m,
(502) 564-7005, Ext. 113, yvonne.sherrick@ky.gov.
Please note: If your project is funded through Transportation AJternative (TAP), Transportation En hancements
(TE), Congestion, Mitigation, Air Quality (CMAQ), or Safe Routes to School (SRTS) you will need to send this
information to Michael Jones, Historic Preservation Program Administrator with the Kentucky Transpo11ation
Cabinet via email MichaelR.Jones2@ky.gov or hard copy to Michael Jones, Office of Local Programs, KY
Transportation Cabinet, 200 Mero Street Frankfo11, KY 40622. Do not send materials directly to SHPO if your
project involves funding from these four sources as it will cause delays in the review process. Michael Jones will
consult directly with the SHPO on projects with these funding sources to complete the Section 106 review.
Appendix 4
Letter - U.S. Fish & wildlife Service
RECi~lVED
NOV O1 2018
t.MM!ftJelllESIMEITIEIVlllS. llC
mo cclinB Rnad
Burli!SVille, l
Tuesday, October 30, 2018 3: 16 PM
""Lisa R LRN Morris""
Scan0433.pdf
Laurel County Water District No. 2 (Laurel County, Kentucky)
Lisa,
The Laurel County Water District No. 2, London, KY is proposing to construct a new 500,000 gallon
elevated water storage tank and an access road to the tank in the newly developed Greer Industrial
Park near London, KY. Attached is a letter, USGS Map, and a picture of a culvert that will be utilized
with the construction of the access road.
Please contact me if you should have questions.
Thanks.
William C. Norris
EAS1 LLC
2220 Celina Road
Burkesville1 KY 42717
Ph: (270} 433-7256
Cell: (270} 433-1525
There has been no response to the attached letter as of
December 3, 2 018 (more than 30 days).
10/30/2018
EllVIRllllllllll.ASSESUIEllT SEIVIOES. UC
2220 Celina Road
Burkesville, Kentucky 42117
Phone (270) 433-7256
Fax(270)433-6313
Email bnorris@doo-colJITty.ccm
October 30, 2018
Ms. Lisa Morris
U.S. Army Corp of Engineers
Eastern Regulatory Section
Operations Division
3701 Bell Road
Nashville, TN 37214
Dear Ms. Morris:
The Laurel County Water District No. 2, London, KY is proposing to construct a new 500,000
gallon elevated water storage tank within the Greer Industrial Park located just outside the
London corporate limits. The Greer Industrial Park is a 132 acre park in close proximity to the
London-Corbin Airport. A 150'x 150' tract will be deeded to the Laurel County Water District
No. 2 for the tank site along with a 2, 100' x 30' property access road through the industrial park.
The entire industrial park received environmental clearance prior to development.
The District's consulting engineer has retained our services to assist with an environmental
review of the proposed project.
The proposed access road to the tank site will utilize an existing cu Ivett to cross what appears to
be an intermittent stream. There will be no disturbance to the stream itself.
A USGS map showing the coordinates for the stream and culvert is enclosed along with a picture
of the culve1t and stream. Since there will be no placement of dredged or fill material,
permanently or temporarily, into ""waters of the United States"" including wetlands, and since
there are no actual stream crossings required, it would appear that a DA permit should not be
required. Therefore, an early coordination response or a no permit required determintition is
requested for the proposed project
If you should have questions, please contact me at (270) 433-7256.
Sincerely,
~~= ~r
Enclosures
j
(
(
\
)
,...
I
I
\\
SCALE: 1· =6'00)
I
I
PROPOSED YATER Ullll
J
EXISTING 4 · YATER UNE
IOOSTING 6"" YATER UNE
LAURAL COUNTY ll'ATER DISTRICr #2
WATER SYSTEll lllPROVEllEHTS
FARISTON ll'ATER S'roRAGE TANK
OCTOBER 2016
~ch
Engineering, Inc.
Appendix 8
FEMA Floodplain Map
Appendix 9
IPaC Regulatory Review (Wetlands)
IPaC
U.S. Fish & Wildlife Service
Laurel County
Water District No. 2
- Water Storage
Tank
The Laurel
County Water District No.2, Laurel
County, KY, is proposing use U.S. Army
Corp
{;'
,,, ,. \ '
LOCATION Laurel County, Kentucky
CREATED
October 31, 2018
What's
next?
ENDANGERED SPECIES
REVIEW
Review this project's
effect on listed
species
pursuant to the
Endangered Species
Act, as part of the
overall regulatory
review.
1
1. Species listed
under the
Endangered
Species Act are
threatened or
endangered;
IPaC also shows
species that are
candidates, or
proposed, for
listing. See the
listing status
~formore
information.
SPECIES LIST
Resources
An official species
list was generated
20 days ago
IPaC
U.S. Fish & Wildlife Service
Regulatory review
The IPaC regulatory review process helps evaluate the potential impacts of your
project on resources managed by the U.S. Fish and Wildlife Service. It walks through
regulations covering each protected resource, and offers suggestions and assistance
in designing your project.
·::. Endangered species
Endangered species are protected under the Endangered Species Act
1.
8 endangered species are known to occur or may be affected by
activities in this location.
~
Request an official species list
An official species list was generated .?.Q..9..~Y?...~8'?...P.9/?.1/?.0~..~...9.:.51 .:?..6 ~t0.).
2
Evaluate determination keys
Determination keys are up-front analysis from the U.S. Fish and Wildlife
Service that streamline the consultation process for common project types.
Each determination key starts with a qualification interview to see if the key is
appropriate for your project.
3
i·'
Make effect determinations
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
J
and the Bald and Golden Eagle Protection
Act~.
1 and the Bald and Golden Eagle Protection Act1.
3 migratory birds of conservation concern are expected to occur or
may be affected by activities in this location.
\. Contact the local U.S. Fish and Wildlife Service field office
There is currently no regulatory review process in IPaC for migratory bird s.
Please contact the local U.S. Fish and Wildlife Service field office to evaluate
effects and authorize take.
Q Facilities
U.S. Fish and Wildlife Service facilities are protected under the National
Wildlife Refuge System Administration Act
a and the National Fish Hatchery System2.
Refuge and fish hatchery information is not available at this time
...
a
-i
Wetlands
Wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act
1.Q,
or other State/Federal statutes.
4
THERE ARE NO KNOWN WETLANDS AT THIS LOCATION.
""
'
1. The Endangered Species Act (ESA) of 1973.
2. The Migratory Birds Treaty Act of 1918.
3. The Bald and Golden Eagle Protection Act of 1940.
...'
~:
1.
'1
Appendix 10
Phase 1 Environmental Site Assessment
(Executive Summary)
Phase I - Environmental Site Assessment
Greer Property
London, Laurel County, Kentucky
Prepared for:
London-Laurel County Industrial Development Authority
By
1151
OF KENTUCKY, INC .
624 Wellington Way
Lexington KY 40503
Phone: (859) 223-5694 C Fax: 223-2607
Email: m seinc@mselex.com
August 2017
1.0 Executive Summary
Executi ve MSE of Kentucky, Inc. (MSE) has been retai ned by, the London-Laurel County
Industrial Development Authority (Client) to conduct a Phase I Environmental S ite Assessment
(ESA) in conformance with ASTM Practice E 1527-13, Standard Practice for Environme ntal Site
Assessments. The subject property is located in Laurel County, London, Kentucky 40744. The
objecti ve of this assessment is to determine the presence o r absence of Recognized
Environmental Conditions (RECs), as de lined in ASTM 1527- 13. There are no exceptions or
deletions from the ASTM Prac1ice E 1527-13.
1.1 Summary of Findings
Assessmcnl
Section
Acceplable
Acceplablc
Requires 0 &
i\l's
Historic Review
Y
Regulatory
Y
ACM
Y
USTs
Y
ASTs
Y
PC Us
Y
Was1c Siles
Y
RECs on
Y
Addilional
Research o r
Receipt of
FOIA n eq uesl
Rto'd
Phase II Req
Adjacent
Properties
On-Si te
Operation s
Y
Chemical/Hazard
Material
Y
Wetlands
Y
Dry Cleaner
Y
Mold
y
Other
Y
Table I: Summary of l'ind ings
Abalement
Required
Eslimalcd
Cos1
1.2 Data Gaps
Based on the information obtained during this ESA, it is the professional opinion of MSE that a
hi storical data failure. as defined in the ASTM guidelines, has occurred in attempting to
document the history of the s ubject property back to the earlier of 1940 or the fi rst developed
usage of the property in five year increments. However, based on the information obtained, the
lack of documentation is not dee med critical and did not affect the ability to identify potential
REC(s) associated with the s ubject property.
1.3 Findings and Opinions
MSE has performed thi s Phase I Environmental Site Assessment of the Subject Property in
conformance with the scope and limitations of ASTM S tandard E 1527- 13 which became
mandato ry October 6, 20 15. Any exception to, o r deletions from, this practice are described in
Sectio n 2.4 of this report. T his assessment has identified no evidence of recognized
en vironmental conditio ns ( RECs) in connectio n with the Subject P roperty.
1.4 Recommendations
MSE has performed a Phase I Environmental Site Assessment in conformance w ith the scope
and limitations of ASTM Practice E 1527- 13 of the property located in on US 25 S and Old
Whi tley Road in, London, KY ( Laurel Cou nty) the subject property. Any exceptions to, o r
de letio ns fro m, thi s practice is described in Section 2.4 of th is report . T his assessment has
revealed
110
evidence of recognized e nv ironmental conditions in connection with the subject
property. It is recommended that federal, state and local asbestos regulations (O&M Plan) be
reviewed for compliance p rior to any renovation or demolition activities. National Emission
Standards for Hazardous Air Pollutants (NESHAP) regu lat io ns require sampling potential
AC BM prior to demolition or extensive renovation, regard less of the date of construction;
therefore, if such activities arc planned, it may be requi red to conduct a survey of the entire
fac ility, or that portion slated for renovation o r demo lition, before ini tiating such destructi ve
activities. That su rvey should include an assessment of all s ubject building materials, including
those in areas which are nomiall y inaccess ible. Under the All Appropriate Inquiry Rule, fulllrc
and continuing obligati ons are required to maintain landowner liability protections under
CERCLA. S pecificall y, ( I) complying with land use restrictions and institutional controls; (2)
2
tak ing reasonable steps with respect to hazardous substance releases; (3) providing full
cooperation, assistance and access lo persons that are authorized to conduct response actions or
natural resource restoration; (4) complying with information requests and admini strative
subpoenas; and (5) providing legally required notices.
3
Appendix 11
EA Mailing List
Appendix 12
Agency Comment Letters on Draft EA
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 gTM AVENUE SOUTH, ROOM A-405
NASHVILLE, TN ,37203
OCT 2 3 2018
Mr. Craig A. Potts, Director
State Historic Preservation Officer
Kentucky Heritage Council
41 O High Street
Frankfort, Kentucky 40601
Dear Mr. Potts:
The U.S. Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCVVD#2) for the cohstruction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation under Section 106 of the National Historic Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of ah industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 meter
radius from the water tower. Figure 1 presents the APEs on a portion of the Lily, KY
USGS topographic map. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. UK-PAR identified two new archaeological sites and eight cultural
isolated finds . No cultural material was recovered from the proposed water tower APE.
The archaeological survey ''Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky"" is enclosed for your reference .
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introduction of the water tower, Corps
archaeologist Va lerie McCormack reviewed the National Register of Historic Places,
and historic U.S.G.S . topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
Figure 2 includes portions of U.S.G.S. topographic maps available on the USGS
historic map explorer (http://historicalmaps.arcgis.com/usgsQ. There are no buildings
recorded on the 1897 map. By 1951, several residential developments within the 800 m
indirect APE are present. The 1970 map and recent aerial images (Figure 3) indicate
that the area is undergoing continued development. While the proposed water tower
would introduce a new vertical element on the landscape, it would not alter the existing
setting, which indudes a variety of residential buildings, commercial and industrial
buildings, and an airport.
Given the results of the archaeological survey and the consideration of buildings and
structures within the direct and indirect APE, the Corps believes the proposed water
tower would not affect historic properties. The Corps proposes concluding Section 106
consultation with a determination of ""no historic properties affected"" and requests your
comments on the proposed project. Please contact Valerie McCormack at
(615) 736-7847orvalerie.Lmccormack@usace.army.mil if you require additional
information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
Area of Potential Effects
800 m line radius
from the water tower
Figure 1. The direct and indirect Areas of Potential Effects ona portion of the Lily, KY, U.S.G.S. topographic
quadrangle map (7.5' series). (Figure 1.2 from Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky .)
A portion of the 1897 London, Kentucky U.S.G.S. topographic map 1:250,000 . Note there are no buildings within 800 meters of the proposed water tower location.
A portion of the 1951 Lily, Kentucky U.S.G.S. topographic map 1:24000. Note the residential street to
the southwest of the proposed water tower is under development.
A portion of the 1970 Lily, Kentucky U.S.G.S. topographic map 1:24000. Note the increased number of
buildings in residential neighborhood to the southwest of the proposed and some of the buildings on the
1951 topographic map are no longer extant.
Figure 2. Comparison of historic topographic maps from the U.S.G.S. Historical map
explorer (http://historicalmaps.arcgis.com/usgs/ accessed October 12, 2018).
Figure 3. Google Earth image (June 2018) of the proposed water location displaying an 800 m radius within the surrounding area.
PHASE I ARCHAEOLOGICAL SURVEY OF A
PROPOSED 132-ACRE INDUSTRIAL PARK IN
LONDON, LAUREL COUNTY, KENTUCKY
KENTUCKY OSA PROJECT REGISTRATION NO. FY18-9430
UK-PAR PROJECT 17-26
University of Kentucky
Program for Archaeological Research
Department of Anthropology
Technical Report No. 833
26 January 2018
MATTHEW G. BEVIN
GOVERNOR
TOURISM, ARTS AND HERITAGE CABINET
KENTUCKY HERITAGE COUNCIL
REGINA STIVERS
DEPUTY SECRETARY
THE STATE HISTORIC PRESERVATION OFFICE
DON PARKINSON
SECRETARY
410 HIGH STREET
FRANKFORT, KENTUCKY 40601
PHONE (502) 564-7005
FAX(502)564-5820
www.heritage.ky.gov
CRAIG
A. POTTS
EXECUTIVE DIRECTOR
& STATE HISTORIC
PRESERVATION OFFICER
November 7, 2018
Ms. Angela Dunn
Department of the Army ·
Corps of Engineers, Nashville District
110 9111 Avenue South, Room A-405
Nashville, Tennessee 37203
Re:
construction of a 500,000 gallon elevated water storage tank within an industrial park
London, Laurel County, Kentucky
Dear Ms. Dunn:
We are in receipt of the information you submitted pertaining to the above-referenced project, including a
cover letter, maps of the Area of Potential Effect (APE), and a report, Phase I Archaeological Survey ofa
Proposed 132-Acre Industrial Park in London, Laurel County, Kentucky from January of 2018. We
·understand that the current undertaking involves the construction of an elevated water tank within an
industrial park in London, Kentucky.
Previously we have reviewed two projects that overlap with the current undertaking. On February 14,
2018, this office reviewed and commented on the archaeological report you resubmitted with the
information pertaining to the current undertaking. In that letter, this office accepted the report and
concurred with the recommendation of No Effect to Historic Properties. That investigation pertained to
the development of the industrial park.
On January 25, 2018, this office completed a Section 106 review for replacement of water supply lines
and construction of a 500,000-gallon water storage tank. This office did not recommend an above or
below ground survey for this project. Our recommendation for that proposed project was No Effect to
Historic Properties. The letter from this office was written in response to a submission by William C.
Norris of Environmental Assessment Services, LLC, who was acting on behalf of Laurel County Water
District No. 2.
·
Based on previous reviews, for the current undertaking, we can now concur with the determination of No
Effect to Historic Properties for above and below ground resources for the construction of a 500,000
gallon elevated water storage tank within the industrial park in London, Laurel County, Kentucky.
KentuckyUnbridledSpirit.com
An Equal Opportunity Employer M/F/D
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 9 TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TN. 37203
OCT 2 3 2018
Governor Edwina Butler-Wolfe
Absentee-Shawnee Tribe of Oklahoma
2025 S. Gordon Cooper Dr.
Shawnee, Oklahoma 74801-9381
Dear Governor Butler-Wolfe;
The U.S. Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrast~ucture to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with Absentee-Shawnee Tribe of Oklahoma under Section 106 of the
National Historic Preservation Act.
The proposed project involves constructing· a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky"" presents the results. UK-PAR
identified two new archaeological sites and eight cultural isolated finds. No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introduction of the water tower, Corps
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
-2
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgs/) indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
development. While the proposed water tower would introduce a new vertical element
on the landscape, it would not alter the existing setting, which includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Ms. Devon Frazier of your staff. Given the results of the archaeological survey and the
consideration of buildings and structures within the direct and indirect APE, the Corps
believes the proposed water tower would not affect historic properties. The Corps
proposes concluding Section 106 consultation with a determination of ""no historic
1
properties affected ' and requests your comments on the proposed project. Please
contact Valerie McCormack at (615) 736-7847or valerie.j.mccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 g TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TN 37203
OCT 2 3 2018
Principal Chief Bill John Baker
Cherokee Nation
P.O. Box 948
Tahlequah, Oklahoma 74465-0948
Dear Principal Chief Baker:
The U.S. Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with Cherokee Nation under Section 106 of the National Historic
Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess CC\pacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps Involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky"" presents the results. UK-PAR
identified two new archaeological sites and eight cultural isolated finds. No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introduction of the water tower, Corps
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
-2
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgsD indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
·development. While the proposed water tower would introduce a new vertical element
on the landscape, it would not alter the existing setting, which includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Ms. Elizabeth Toombs of your staff. Given the results of the archaeological survey and
the consideration of buildings and structures within the direct and indirect APE, the
Corps believes the proposed water tower would not affect historic properties. The
Corps proposes concluding Section 106 consultation with a determination of ""no historic
properties affected'' and requests your comments on the proposed project. Please
contact Valerie McCormack at (615) 736-7847orvalerie.j.mccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
November 15, 2018
Valerie McCormack
United States Army Corps of Engineers, Nashville District
110 9th Avenue South, Room A-405
Nashville, TN 37203
Re:
Water Storage Tank Construction, Laurel County Water District No.2
Dr. Valerie McCormack:
The Cherokee Nation (Nation) is in receipt of your correspondence about and related report for
Water Storage Tank Construction, Laurel County Water District No.2, and appreciates the
opportunity to provide comment upon this project. Please allow this letter to serve as the Nation's
interest in acting as a consulting party to this proposed undertaking.
The Nation maintains databases and records of cultural, historic, and pre-historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal
description against our information, and found no instances where this project intersects or adjoins
such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee
cultural resources at this time.
However, the Nation requests that the United States Army Corps of Engineers (USACE) halt all
project activities immediately and re-contact our Offices for further consultation if items of cultural
significance are discovered during the course of this project.
Additionally, the Nation requests that USACE conduct appropriate inquiries with other pertinent
Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included
in the Nation's databases or records.
If you require additional information or have any questions, please contact me at your convenience.
Thank you for your time and attention to this matter.
Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
elizabeth-toombs@cherokee.org
918.453.5389
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 g TH AVENUE SOUTH, ROOM A-405
NASHVILLE, TN 37203
OCT 23 2018
Principal Chief Richard Sneed
Eastern Band of Cherokee Indians
Qualia Boundary
P.O. Box 445
Cherokee, North Carolina 28719
Dear Principal Chief Sneed:
The U.S . Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with Eastern Band of Cherokee Indians under Section 106 of the National
Historic Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research {UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky"" presents the results . UK-PAR
identified two new archaeological sites and eight cultural isolated finds. No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introduction of the water tower, Corps
-2
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgs/) indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
development. While. the proposed water towe r would introduce a new vertical element
on the landscape, it would not alter the existing setting, which includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Mr. Stephen Yerka of your staff. Given the results of the archaeological survey and the
consideration of buildings and structures within the direct and indirect APE, the Corps
believes the proposed water tower would not affect historic properties. The Corps
proposes concluding Section 106 consultation with a determination of ""no historic
properties affected"" and requests your comments on the proposed project Please
contact Valerie McCormack at (615) 736-7847orvalerie.j.mccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 9T11 AVENUE SOUTH, ROOM A-405
NASHVILLE, TN 37203
OCT 23 2018
Chief Glenna Wallace
Eastern Shawnee Tribe of Oklahoma
P.O. Box 350
Seneca, Missouri 64865
Dear Chief Wallace:
The U.S, Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construct{on of a
500,000-gallon elevated water storage tank within the Fariston Community 1 Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to .rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with Eastern Shawnee Tribe of Oklahoma under Section 106 of the
National Historic Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps involvement. Therefore; the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the Industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky'' presents the results. UK-PAR
identified two new archaeological sites and eight cultural isolated finds . No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introduction of the water tower, Corps
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
-2
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgs/) indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
development. While the proposed water tower would Introduce a new vertical element
on the landscape, it would not alter the existing setting, which includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Mr. Brett Barnes of your staff. Given the results of the archaeological survey and the
consideration of buildings and structures within the direct and indirect APE, the Corps
believes the proposed water tower would not affect historic properties. The Corps
proposes concluding Section 106 consultation with a determination of ""no historic
properties affected'' and requests your comments on the proposed project. Please
contact Valerie McCormack at (615) 736-7847orvalerie.Lmccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 gm AVENUE SOUTH, ROOM A-405
NASHVILLE, TN 37203
Chairperson Ron Sparkman
Shawnee Tribe
P.O. Box 189
Miami, Oklahoma 74355
Dear Chairperson Sparkman:
The U.S. Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with Shawnee Tribe under Section 106 of the National Historic
Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial parks
would occur without the Corps involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC 's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky' presents the results . UK-PAR
identified two new archaeological sites and eight cultural isolated finds. No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indirect effects created through the introd uction of the water tower, Corps
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
-2
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgs/) indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
development. While the proposed water tower would introduce a new vertical element
on the landscape, it would not alter the existing setting, wh ich includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Ms. Tonya Tipton of your staff. Given the results of the archaeological survey and the
consideration of buildings and structures within the direct and indirect APE, the Corps
believes the proposed water tower would not affect historic properties. The Corps
proposes concluding Section 106 consultation with a determination of ilno historic
properties affected"" and requests your comments on the proposed project. Please
contact Valerie McCormack at (615) 736-7847orvalerie.j.mccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Planning Branch
Enclosures
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NASHVILLE DISTRICT
110 9TM AVENUE SOUTH, ROOM A-405
NASHVILLE, TN 37203
OCT ·23 2018
Chief Joe Bunch
United Keetoowah Band of Cherokee Indians in Oklahoma
P.O. Box 746
Tahlequah, Oklahoma 74464-0746
Dear Chief Bunch:
The U.S. Army Corps of Engineers, Nashville District is providing financial
assistance to the Laurel County Water District No. 2 (LCWD#2) for the construction of a
500,000-gallon elevated water storage tank within the Fariston Community, Laurel
County, Kentucky. Section 531 of the Water Resources and Development Act (WRDA)
of 1996 (Public Law 104-303), as amended authorizes the Corps to provide design and
construction assistance for water related environmental infrastructure to rural counties
in southern and eastern Kentucky. The Corps defines the assistance to LCWD#2 as an
undertaking with the potential to cause effects to historic properties and initiates
consultation with United Keetoowah Band of Cherokee Indians in Oklahoma under
Section 106 of the National Historic Preservation Act.
The proposed project involves constructing a 500,000 gallon elevated water storage
tank within the boundaries of an industrial park in London, Laurel County, Kentucky.
The proposed water tank would provide excess capacity to supply the demand growth
and fire protection needs for an industrial park. The development of the industrial park
would occur without the Corps involvement. Therefore, the Corps defines the area of
potential effects (APE) as the footprint of the proposed water tower and an 800 m radius
from the water tower. The location of the proposed water tower falls within the
boundaries of the industrial park.
LCWD#2 coordinated the 132-acre industrial park project with the Kentucky Heritage
Council (KHC) through the Kentucky Clearinghouse. In response to KHC's comments,
LCWD#2 contracted with the University of Kentucky, Program for Archaeological
Research (UK-PAR) to complete an archaeological survey of the proposed 132-acre
industrial park. The report Phase I Archaeological Survey of a Proposed 132-acre
Industrial Park in London, Laurel County, Kentucky"" presents the results. UK-PAR
identified two new archaeological sites and eight cultural isolated finds. No cultural
material was recovered from the proposed water tower APE.
KHC did not request an assessment of indirect visual introductions. In order to
address indireot effects created through the introduction of the water tower, Corps
archaeologist Valerie McCormack reviewed the National Register of Historic Places,
-2
and historic U.S.G.S. topographic maps. The National Register of Historic Places lists
nine properties for Laurel County; none of the properties is located within a half mile of
the water tower.
U.S.G.S. topographic maps available on the USGS historic map explorer
(http://historicalmaps.arcgis.com/usgsQ indicate a lack of buildings on the 1897 map.
By 1951 , several residential developments within the 800 m indirect APE are present.
The 1970 map and recent aerial images indicate that the area is undergoing continued
development. While the proposed water tower would introduce a new vertical element
on the landscape, it would not alter the existing setting, which includes a variety of
residential buildings, commercial and industrial buildings, and an airport.
A copy of this letter and supporting documentation is being forwarded to
Ms. Sheila Bird of your staff. Given the results of the archaeological survey and the
consideration of buildings and structures within the direct and i·ndirect APE, the Corps
believes the proposed water tower would not affect historic properties. The Corps
proposes concluding Section 106 consultation with a determination of ""no historic
properties affected"" and requests your comments on the proposed project. Please
contact Valerie McCormack at (615) 736-7847orvalerie.j.mccormack@usace.army.mil
if you require additional information.
Sincerely,
Angela E. Dunn
Chief, Project Plc:mning Branch
Enclosures",20180831,,,,,Orvalerie Lmccormack,orvalerie.Lmccormack@usace.army.mil,502-573-2382,"https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/9059
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/9057
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/9058
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/9056",,,,,,
1732588,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1732588/file-no-lrn-2018-00172-public-notice-19-03/,,lrn,Nashville District,Montgomery,,,File No. LRN-2018-00172,File No. LRN-2018-00172; Public Notice 19-03,,2019-02-14,2019-01-15,,,,,,,"This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument to include the White Property (Montgomery County,Tennessee) In-Lieu Fee Wetland Mitigation Project.
Public Notice No. 19-03
Nashville District
Application No. LRN-2018-00172
Date: January 14, 2019; Expires: February 14, 2019
Please address comments to: Nashville District Corps of Engineers, Regulatory Division 3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument to include the White Property (Montgomery County,Tennessee) In-Lieu Fee Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Wildlife Federation
300 Orlando Avenue
Nashville, Tennessee 37209
BACKGROUND: The TMF Statewide Wetland In-Lieu Fee Program Instrument was approved on April 2, 2012, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The White Property In-Lieu Fee Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu
fee program mitigation site. As such, we are issuing a Public Notice to solicit comments for the instrument modification due to the proposed addition of an in-lieu fee mitigation site.
PURPOSE: The White Property In-Lieu Fee Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Lower Cumberland Service Area in accordance with TMF’s approved ILF Instrument. Wetland mitigation would be accomplished through the enhancement and preservation of 22.99 acres of wetland.
LOCATION: The project is located off Highway 79 in Montgomery County, approximately seven miles west of Clarksville, Tennessee. (centroid 36.534 ºN, -87.559 ºW). The project site may be found on the Woodlawn TN 7.5 Minute USGS Quadrangle Map.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument. A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the program. The IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.
In Tennessee, the approval of the use of the ILF program for specific projects is the decision of the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 10.20 wetland credits by enhancing 20.39acres of wetland and 0.17 credits by preserving 2.60 acres of wetlands off Highway 79 in Montgomery County, Tennessee. The wetland enhancement on 17.26 acres would be accomplished by planting tree seedlings (16-24 inches tall) on 10 to 15 foot centers (approximately 400 seedlings per acre) and cessation of row cropping on the site. The wetland enhancement on 3.13 acres of freshwater ponds would be accomplished by removal of an impoundment, cessation of livestock production and planting native hydrophytic vegetation. Preservation of 2.60 acres of forested wetland would achieved through permanent protection by Conservation Easement that would prevent timber management activities and livestock access to the
property. The wetland credits would be allocated to the Lower Cumberland Geographic Service Area, which encompasses the following six 8-digit HUC’s:
• 05130202 – Lower Cumberland – Cheatham Lake
• 05130204 – Harpeth River
• 05130205 – Lower Cumberland – Lake Barkley
• 05130206 – Red River
Details are contained in the White Property In-Lieu Fee Wetland Mitigation Project Plan dated October 2018. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
HISTORIC AND CULTURAL RESOURCES: The Corps has reviewed the latest published version of theNational Register of Historic Places, lists of properties determined eligible and other sources of information. No historic resources were identified within two (2) miles of the proposed project in Montgomery County, TN. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, the Corps will evaluate potential impacts and consult with the SHPO and American Indian Tribes in accordance with Section 106 of the National
Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of federally-listed species that are known to or believed to occur in Montgomery County, Tennessee identified the following list:
Species Nomenclature
Federal Status
Plants
Price’s Potato-bean (Apios priceana)
Threatened
Short’s Bladderpod (Physaria globosa)
Endangered
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana Bat (Myotis sodalist)
Endangered
Northern Long-eared Bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits. That
determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be
considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
USACE is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by USACE during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory
Division, Attention: Mark G. McIntosh at the above address or email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Acting Chief, Regulatory Division
U.S Army Corps of Engineers
Public Notice 19-03; File # LRN-2018-00172; Exhibit A
Public Notice 19-03; File # LRN-2018-00172; Exhibit B
Public Notice 19-03; File # LRN-2018-00172; Exhibit C
Public Notice 19-03; File # LRN-2018-00172; Exhibit D
Public Notice 19-03; File # LRN-2018-00172; Exhibit E","05130202, 05130204, 05130205, 05130206",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 19-03 Plans.pdf?ver=2019-01-15-162602-647,,,,,,
1738355,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1738355/public-notice-no-19-02-file-no-lrn-2018-00599/,,lrn,Nashville District,Sumner,-626.0,25.0,Public Notice No. 19-02,Public Notice No. 19-02; File No. LRN-2018-00599,,2019-02-23,2019-01-23,,,25626,,,,"This notice announces a prospectus has been submitted for the development of the Little Trammel Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
Public Notice No. 19-02
Nashville District
Application No. LRN-2018-00599
Date: January 24, 2019; Expires: February 23, 2019
Please address all comments to: Nashville District Corps of Engineers, Regulatory Division 1301 Riverfront Parkway, Suite 206, Chattanooga,
Tennessee 37402
SUBJECT: This notice announces a prospectus has been submitted for the development of the Little Trammel Creek Stream Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Cumberland Gap Mitigation Group, LLC.
Attention: Mr. Case Davis
225 W 1st North Street, Suite 204
Morristown, Tennessee 37814
LOCATION: The proposed stream mitigation bank encompasses 834 acres. The property is located approximately 2 miles north of the town of Westmoreland in Sumner County, Tennessee (Latitude 36.59504 °N, -86.25427 °W). The proposed mitigation bank would incorporate approximately 5 miles (25,626 ± linear feet) of ephemeral, intermittent and perennial stream channels along several unnamed tributaries to Little Trammel Creek, which is a major tributary to the Barren River.
PURPOSE: The Little Trammel Creek Stream Mitigation Bank is proposed to provide compensatorystream mitigation for permitted impacts within the primary service area of the Upper Cumberland-Lake Cumberland Watershed (HUC 05130103). The Bank’s proposed secondary service areas include the Red River Watershed (HUC 05130206) and Lower Cumberland-Old Hickory Lake Watershed (HUC 05130201).
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or reserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and
reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) would oversee the establishment and management of the bank. The IRT is chaired by the US Army Corps of Engineers, Nashville District (USACE). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: There is currently 25,626 linear feet of existing streams within the proposed project area, which are degraded due to channelization, channel modifications, and habitat alterations. Prior land uses include agricultural/farming activities and historical logging
practices. The site is currently being utilized as a recreational hunting area. The overall goal of the mitigation bank is to increase, preserve, and permanently protect the ecological functions and services of the streams on the site, as well as to create stable riverine wetlands that
function to slow overland flow to the streams and provide a persistent water supply. The proposed project would consist of the restoration of 25,626 linear feet of unnamed tributaries to Little Trammel Creek. Functional lift will be monitored by assessing hydrology, hydraulics,
geomorphology, physicochemical, and biological parameters. Details are contained in the Flat Creek Stream Mitigation Bank Prospectus dated November 28, 2018.
To view the prospectus please email Aric Payne: aric.j.payne@usace.army.mil. Information in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. Upon submittal of the design plans, USACE would evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED/THREATENED SPECIES REVIEW: A review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ipac identified the following federally-listed species that are known to or believed to occur in Sumner County, Tennessee:
Species Nomenclature
Federal Status
Mammals
Gray bat (Myotis grisescens)
Endangered
Indiana bat (Myotis sodalis)
Endangered
Northern Long-eared bat (Myotis septentrionalis)
Threatened
A copy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory
Division, Attention: Mr. Aric J. Payne at the above address or by email:aric.j.payne@usace.army.mil
/s/
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
US Army Corps of Engineers
File # LRN-2018-00599
Public Notice 19-02
Exhibit 1 of 8
DRAFT
Figure F.11. Proposed Service Areas.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 2 of 8
DRAFT
Figure F.12. Proposed Service Areas including Ecoregions.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 3 of 8
DRAFT
Figure F.1. Plat Boundary and Existing Aquatic Resources.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 4 of 8
DRAFT
Figure F.2. Soil Map..
File # LRN-2018-00599
Public Notice 19-02
Exhibit 5 of 8
DRAFT
Figure F.3. National Wetlands Inventory.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 6 of 8
DRAFT
Figure F.4. Topographic Map of Proposed Mitigation Approach.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 7 of 8
DRAFT
Figure F.5. Aerial Map of Proposed Mitigation Approach.
File # LRN-2018-00599
Public Notice 19-02
Exhibit 8 of 8
DRAFT
Figure F.13. Flow Types.","05130103, 05130201, 05130206",,,,,Aric J Payne,aric.j.payne@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 19-02 Plans.pdf?ver=2019-01-23-105857-847,,,,,,
1743246,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1743246/public-notice-no-19-04-file-no-lrn-2018-00648/,,lrn,Nashville District,Putnam,,,Public Notice No. 19-04,Public Notice No. 19-04; File No. LRN-2018-00648,,2019-03-02,2019-01-29,,,,,,,"This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument to include the Carter Property (Putnam County, Tennessee) In-Lieu Fee Wetland Mitigation Project.
Public Notice No. 19-04
Nashville District
Application No. LRN-2018-00648
Date: January 30, 2019; Expires: March 2, 2019
Please address comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road, Nashville, TN 37214-2660
SUBJECT: This notice announces a request to modify the Tennessee Mitigation Fund (TMF) Statewide Wetland In-Lieu Fee Program Instrument to include the Carter Property (Putnam County,Tennessee) In-Lieu Fee Wetland Mitigation Project.
ILF PROGRAM SPONSOR: Tennessee Wildlife Federation
300 Orlando Avenue
Nashville, Tennessee 37209
BACKGROUND: The TMF Statewide Wetland In-Lieu Fee Program Instrument was approved on April 2, 2012, by the Nashville and Memphis Districts of the U.S. Army Corps of Engineers. The Carter Property In-Lieu Fee Wetland Mitigation Project has been submitted as a proposed addition to the ILF Instrument pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008). Pursuant to 33 CFR 332.8 (d), the district engineer will provide public notice of the proposed addition of an in-lieu
fee program mitigation site. As such, we are issuing a Public Notice to solicit comments for the instrument modification due to the proposed addition of an in-lieu fee mitigation site.
PURPOSE: The Carter Property In-Lieu Fee Wetland Mitigation Project would provide compensatory wetland mitigation for permitted impacts within the Upper Cumberland Service Area in accordance with TMF’s approved ILF Instrument. Wetland mitigation would be accomplished through the restoration and establishment of 39 acres of wetland habitat.
LOCATION: The project is located off Valley View Road in Putnam County, approximately two miles southeast of Cookeville, Tennessee. (centroid 36.096 ºN, -85.452 ºW). The project site may be found on the Dry Valley TN 7.5 Minute USGS Quadrangle Map.
GENERAL INFORMATION: An ILF program involves the restoration, establishment, reestablishment, enhancement, rehabilitation and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is thentransferred to the ILF program sponsor. The operation and use of an ILF program are governed by an ILF program instrument. A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the program. The IRT is chaired by the US Army Corps of Engineers. The primary role of the IRT is to facilitate the establishment of the ILF program through the development of an ILF Instrument. The IRT also reviews ILF mitigation proposals and provides comments to the Corps.In Tennessee, the approval of the use of the ILF program for specific projects is the decision ofthe Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the
Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The Corps and TDEC provide no guarantee that any particular individual or general permit proposing to use the ILF program for compensation mitigation would be authorized.
PROJECT DESCRIPTION: The sponsor proposes to provide 20.32 wetland credits by re- establishing 20.32 acres of wetland, 8.97 wetland credits through rehabilitation of 17.94 acres of existing wetlands and 1.28 wetland credits through the creation of 1.28 acres of wetlands. The restoration activities would include breaking up the extensive drainage tile system to restore wetland hydrology over the site. In addition, approximately 1.28 acres will be excavated to a lower elevation to establish wetland habitat currently used as a tree nursery. The entire site would planted with a vegetated community typical for the region consisting of woody species found in the adjacent palustrine forested (PFOl) reference wetland. The entire wetland site would be permanently protected by Conservation Easement that would prevent silviculture and agricultural activities as well as any other activity that could compromise the conservation value of the property. The wetland credits would be allocated to the Upper Cumberland Geographic Service Area, which encompasses the following six 8-digit HUC’s:
• 05130101 - Upper Cumberland
• 05130104 - Big South Fork Cumberland
• 05130105 - Obey River
• 05130106 - Cordell Hull Reservoir
• 05130107 - Collins River
• 05130108 - Caney Fork
Details are contained in the Carter Property In-Lieu Fee Wetland Mitigation Project Plan dated January 2019. The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the plan would serve as the basis for deriving and releasing credits for the ILF program.
HISTORIC AND CULTURAL RESOURCES: The Corps has reviewed the latest published version of the National Register of Historic Places, lists of properties determined eligible and other sources of information. No historic resources were identified within two (2) miles of the proposed project in Putnam County, Tennessee. The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, the Corps will evaluate potential impacts and consult with the SHPO and American Indian Tribes in accordance with Section 106 of the
National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as
amended. The Corps will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of federally-listed species that are known to or believed to occur in Putnam County, Tennessee identified the following list:
Species Nomenclature
Federal Status
Clams
Cumberland Bean (pearly mussel) Villosa trabalis
Endangered
Mammals
Gray bat (M. grisescens)
Endangered
Indiana Bat (M. sodalist)
Endangered
Northern Long-eared Bat (M. septentrionalis)
Threatened
Acopy of this notice is being furnished to USFWS for their review. After receipt of any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the U.S. Fish & Wildlife Service, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project.Other federal, state, and/or local approvals may be required for the proposed work.
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by Department of the Army permits. That
determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be
considered including conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
USACE is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by USACE during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Nashville District Corps of Engineers, Regulatory
Division, Attention: Mark G. McIntosh at the above address or email: mark.g.mcintosh@usace.army.mil.
\s\
Joshua W. Frost
Acting Chief, Regulatory Division
U.S. Army Corps of Engineers
Public Notice 19-04; File # LRN-2018-00648
Exhibit A
Public Notice 19-04; File # LRN-2018-00648;
Exhibit B
Public Notice 19-04; File # LRN-2018-00648
Exhibit C
Public Notice 19-04; LRN-2018-00648
Exhibit D
Public Notice 19-04; File # LRN-2018-00648
Exhibit E
Public Notice 19-04; File # LRN-2018-00648
Exhibit F
Public Notice 19-04; File LRN-2018-00648
Exhibit G","05130101, 05130104, 05130105, 05130106, 05130107, 05130108",,,,,Mark G Mcintosh,mark.g.mcintosh@usace.army.mil,,https://www.lrn.usace.army.mil/Portals/49/docs/Regulatory/PN 19-04 Plans.pdf?ver=2019-01-29-154036-463,,,,,,
1757798,http://www.lrn.usace.army.mil/Media/Public-Notices/Article/1757798/special-public-notice/,,lrn,Nashville District,,,,,SPECIAL PUBLIC NOTICE,,,2019-02-14,,,,,,,"CLEAN WATER ACT PROPOSED RULE FOR A REVISED DEFINITION OF THE “WATERS OF THE U.S.”
SPECIAL PUBLIC NOTICE
CLEAN WATER ACT PROPOSED RULE FOR A REVISED DEFINITION OF THE “WATERS OF THE U.S.”
On February 14, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published for public comment a proposed rule revising the definition of “waters of the United States,” which would establish the scope of federal regulatory authority under the Clean Water Act (CWA). The proposed rule is intended to satisfy the requirements of Executive Order (EO) 13778 that directed the EPA and the Army to review and rescind or replace the 2015 Clean Water Rule (80 FR 37053) and consider interpreting the scope of “waters of the United States” consistent with the Justice Scalia opinion (plurality standard) from Rapanos v. United States (2006). The EO instructed that any new proposed rule shall ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.
The proposed revised definition outlines six categories of waters that would be considered “waters of the United States” in section (a), including: traditional navigable waters, including the territorial seas; tributaries that contribute perennial or intermittent flow to such waters; certain ditches; certain lakes and ponds; impoundments of otherwise jurisdictional waters; and wetlands adjacent to other jurisdictional waters.
The proposed revised definition also outlines what would not be considered “waters of the United States” in section (b), including: waters not identified in section (a); groundwater; ephemeral features; ditches not included in section (a); prior converted cropland, as defined; certain
artificially irrigated areas; certain artificial lakes and ponds; certain water-filled depressions; certain stormwater control features; certain wastewater recycling structures; and waste treatment systems, as defined.
Additionally, the proposed rule provides definitions for key terms used in the regulation in section (c). Some of these are unchanged from the current regulations, including the definitions for “wetlands”, “ordinary high water mark”, and “high tide line”. Some of these have been redefined, including definitions for “tributary” and “ditch”. The rule also defines several key terms, that while used colloquially, are added to the regulation for the first time, including definitions for “ephemeral”, “intermittent”, “perennial”, “prior converted cropland”, “snowpack”, “typical year”, “upland”, and “waste treatment system”.
The EPA and the Army are seeking comments on the specifics of the proposed “waters of the UnitedStates” definition, and are requesting comment on the discussion and definition of terms within it. In addition, the EPA and the Army are seeking comments on a multitude of items such as underlying legal interpretations, rule implementation, and the associated Economic Analysis and Resource and Programmatic Assessment (and their data). Finally, in response to requests from some states, the EPA and the Army are exploring and seeking comments on the development, and feasibility, of creating geospatial datasets or a mapping system for jurisdictional waters in an effort to improve administration of CWA programs and provide clarity for federal, state, and tribal agencies and the general public.
More information regarding this proposed rule can be found at EPA’s website: https://www.epa.gov/wotus-rule/step-two-revise. Additionally, the Federal Register Notice can be found at the Federal Register’s website: https://www.federalregister.gov/documents/2019/02/14/2019-
00791/revised-definition-of-waters-of-the-united-states.
DATES: Comments must be received on or before April 15, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2018-0149, by one of the
following methods:
• Federal eRulemaking Portal: http://www.regulations.gov/ (preferred method). Follow the online instructions for submitting comments.
• E-mail: OW-Docket@epa.gov. Include Docket ID No. EPA-HQ-OW-2018-0149 in the subject line of the message.
• Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
• Hand Delivery / Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m. – 4:30 p.m., Monday – Friday (except Federal Holidays).
All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Michael McDavit, Oceans, Wetlands, and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: (202) 566-2428; email address: CWAwotus@epa.gov; or Jennifer A. Moyer, Regulatory Community of Practice (CECW–CO–R), U.S. Army Corps of Engineers, 441
G Street, NW, Washington, DC 20314; telephone number: (202) 761- 5903; e-mail address: USACE_CWA_Rule@usace.army.mil.",,,,,,Rule,Rule@usace.army.mil,,,,,,,,