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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
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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