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Public Notice No. 17-31

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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restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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

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Joshua W. Frost

Chief, Technical Services Branch Regulatory Division

U.S. Army Corps Engineers

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