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Public Notice No. 18-11

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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 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.

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Joshua W. Frost

Chief, Technical Services Branch Regulatory Division

U.S. Army Corps of Engineers

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