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Public Notice No. 17-27

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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.

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Timothy C. Wilder Chief, West Branch Regulatory Division

U.S. ArmyCorps of Engineers

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