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Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee
Public Notice No.18-26
Nashville District
Application No. LRN-2018-00469
Date: August 6, 2018; Expires: September 6, 2018
Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
SUBJECT: Proposed Commercial Floating Dock with Boat Slips, Powell River Mile 8.0R, Norris Lake, Campbell County, Tennessee
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.
APPLICANT(S): Robert L. Woodson III
P.O. Box 1468
La Follette, TN 37766
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and 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 jurisdiction or control.
LOCATION: The proposed project is located within Deerfield Resort on Norris Reservoir, Powell River Mile 8.0R, Campbell County, Tennessee. The project is located on Norris Reservoir within the Cedar Creek 060102060408 HUC-12 watershed. The project site can be found on the Demory and White Hollow, Tennessee 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.
DESCRIPTION: The applicant proposes to construct a commercial marina consisting of approximately 70 boat slips. The proposal includes the construction of two floating, covered structures measuring 380ft x 68ft and includes 35 individual slips. The structures will be constructed of galvanized steel with metal roofing and treated wood walkways. If you wish to view additional plans, please contact this office or visit our web site at:
http://www.lrn.usace.army.mil/Media/PublicNotices.aspx
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:
Impacts to Norris Reservoir were minimized during the design phase as minimal impacts are expected with the floating structures.
COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation. The aquatic impacts are limited to the construction of floating docks with boat slips.
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 recretion, 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 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 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, 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 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 Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.
HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.
ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on
information provided by TVA, and a review of the United States Fish and Wildlife Service (USFWS)
website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website,
http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following
federally-listed species are known to or believed to occur in project area.
Species Nomenclature
Federal Status
Clams
Pink mucket (Lampsilis abrupta)
Endangered
Dromedary pearlymussel (Dromus dromas)
Endangered
Rough pigtoe (Pleurobema plenum)
Endangered
Orangefoot pimpleback (Plethobasus cooperianus)
Endangered
Fanshell (Cyprogenia stegaria)
Endangered
Fishes
Snail darter (Percina tanasi)
Threatened
Spotfin Chub ((Erimonax monachus)
Laurel dace (Chrosomus saylori)
Endangered
Flowering Plants
Virginia spiraea (Spiraea virginiana)
Threatened
Mammals
Indiana bat (Myotis sodalis)
Endangered
Gray bat (Myotis grisescens)
Endangered
Northern Long-Eared Bat (Myotis septentrionalis)
Threatened
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(c) 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(s), other federal, state, and/or local approvals may be required for the proposed work, including:
a. TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.
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 on or before September 6, 2018, will become a part of the record and will be considered in the determination. Any
response to this notice should reference LRN-2018-00469 and be directed to the East Regulatory Branch, Attention: Cara Beverly, at the above address or email at
cara.c.beverly@usace.army.mil
Sincerely,
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division
US Army Corps of Engineers