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Public Notice No. 18-35

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This notice announces a Prospectus that has been submitted for the development of the South Mouse Creek Stream and Wetland 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. 18-35 Nashville District Application No. LRN-2018-00571 Date: August 10, 2018; Expires: September 9, 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 South Mouse Creek Stream and Wetland 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: Wright Brothers Construction Company, LLC & CS Foundation, Inc.

ATTN: Jeff Duke - CEC, Inc. 325 Seaboard Ln, Ste. 170

Franklin, TN 37067

LOCATION: The proposed mitigation bank is located on a 99-acre farm in Charleston, Bradley County, Tennessee (Latitude N 35.276746, Longitude W -84.791408). The proposed mitigation bank would rehabilitate 21,851 linear feet of South Mouse Creek and unnamed tributaries to South Mouse Creek,

and restore and create 20.76 acres of wetlands adjacent to South Mouse Creek.

PURPOSE: The South Mouse Creek Stream and Wetland Mitigation Bank proposes to provide compensatory stream and wetland mitigation credits for permitted impacts within a primary service area comprised of the Hiwassee Watershed (HUC 06020002). The Bank’s proposed secondary service area includes the portions of the Middle Tennessee-Chickamauga (HUC 06020001), Watts Bar Lake (HUC 06010201), Ocoee (HUC 06020003), Conasauga (HUC 03150101), and Lower Little Tennessee (HUC 06010204) watersheds within the Level III Ecoregion 67 – Ridge and Valley within the State of Tennessee.

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 ecological functions within the ecosystem by creating a healthy and self-sustaining aquatic environment through rehabilitation of 21,851 linear feet of South Mouse Creek and tributaries to South Mouse Creek, and restoration and creation of 20.76 acres of wetlands adjacent to South Mouse Creek. Stream 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. Wetland functional uplift will be provided through restoration of wetland hydrology and improvement to aquatic habitat. The proposed stream mitigation approach involves a combination of re-establishment of 1,427 linear feet of new stream channel, restoration of 6,628 linear feet of existing stream channel, and enhancement of 13,796 linear feet of existing stream channel. The proposed wetland mitigation approach involves a combination of restoration of 9.86 acres of existing wetland and creation of 10.90 acres of wetland.

Details of the mitigation plan are contained in the South Mouse Creek Mitigation Bank Prospectus dated July 2018. The plan can be viewed by emailing Ms. Peyton Abernathy at: Peyton.S.Abernathy@usace.army.mil.

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 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 to effect 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 Bradley County, Tennessee:

Species Nomenclature

Federal Status

Mammals

Indiana Bat (Myotis sodalist)

Endangered

Gray Bat (Myotis grisescens)

Endangered

Northern Long-eared Bat (Myotis septentrionalis)

Threatened

Clams

Cumberland Bean (pearlymussel) (Villosa trabalis)

Endangered

Fishes

Snail Darter (Percina tanasi)

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 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 of Engineers

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