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Public Notice 18-21

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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

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