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Public Notice No. LRN-18-05

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Proposed Discharge of Fill for Bull Run Fossil Landfill and Haul Road Construction Project, Oak Ridge, Anderson County, Tennessee

Public Notice No. LRN-18-05 Nashville District

Application No. LRN-2014-00038 Date: November 27, 2018; Expires: December 27, 2018

Please address all comments to:

Nashville District Corps of Engineers

Eastern Regulatory Field Office (Attn: Mark M McIntosh)

501 Adesa Pkwy, Suite 250, Lenoir City, TN 37771 SUBJECT: Proposed Discharge of Fill for Bull Run Fossil Landfill and Haul Road Construction Project, Oak Ridge, Anderson County, Tennessee

TO ALL CONCERNED: The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.

APPLICANT: Tennessee Valley Authority

Attn: Mr. Scott Turnbow

1101 Market Street, 5D Lookout Place Chattanooga, Tennessee 37402

LOCATION: The proposed project is located at Old Edgemoor Road and Isabella Lane in Oak Ridge, Tennessee adjacent to the Bull Run Fossil Plant. The proposed impacts occur in the Clinch River-Wolf Creek Watershed (HUC-12 060102070403), Worthington Branch Mile 1.6, Clinch River Mile 47.8L. The project site can be found on the Clinton USGS 1:24k Topo Quad Map (Latitude 36.027916°, Longitude -84.135016°).

DESCRIPTION: The Tennessee Valley Authority (TVA) proposes to impact 3,300 linear feet of intermittent stream, 575 linear feet of ephemeral stream, and 0.3 acres of wetland in association with the construction of a coal combustion residuals (CCR) landfill and attendant features (haul road) at the Bull Run Fossil Plant.

TVA has stated “The purpose of this action is to support the need for additional capacity for the long-term management of CCR at Bull Run Fossil Plant. Additional storage capacity would also enable TVA to continue operations at Bull Run Fossil Plant as planned and would be consistent with TVA's voluntary commitment to convert wet CCR management systems to dry systems.”

Project plans of the proposed project are provided in the notice (Attachment 2). If you wish to view additional plans, please contact this office or visit our website at

http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant has submitted the following statement: “Impacts to waters of the U.S. (WOUS) will be minimized as multiple configurations and landfill sites have been considered.

COMPENSATORY MITIGATION: The applicant is currently proposing to mitigate for impacts to intermittent and ephemeral streams via on-site and in-kind permittee-responsible mitigation, or to purchase stream credits from a mitigation bank or in-lieu fee program, if credits become available. The applicant has proposed to mitigate for the wetland impacts through purchasing wetland credits from a mitigation bank or in-lieu fee program.

LEAD FEDERAL AGENCY ROLES: The Tennessee Valley (TVA) is considered the lead federal agency for compliance with the National Environmental Policy Act (NEPA). Pursuant to NEPA, TVA prepared an Environmental Impact Statement (EIS) in November 2016 for titled “Disposal of Coal Combustion Residuals from Bull Run Fossil Plant.” For more information, please see the EIS at: • https://www.tva.gov/Environment/Environmental-Stewardship/Environmental-

Reviews/Bull-Run-Fossil-Plant-Landfill-Management-of-Coal-Combustion-Residuals

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. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b)(1) of the CWA(40 CFR Part 230).

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: For this project, TVA is the Federal lead agency responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA). The applicant has previously coordinated this proposal with the State Historic Preservation Office (SHPO) to ensure compliance with Section 106 of the National Historic Preservation Act. According to correspondence received from the Tennessee Historical Commission dated December 8, 2011, and February 9, 2016; there are no National Register of Historic Places listed or eligible properties affected by TVA’s proposed undertaking. 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. USACE will evaluate comments received 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/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): For this project, TVA is the Federal lead agency responsible for compliance with Section 7 of the Endangered Species Act (ESA). Based on information submitted by the Applicant, TVA has completed a Programmatic review of TVA actions that could impact potential summer roosting habitat for federally listed bats. 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::::::, yielded the following federally-listed species known to or believed to occur in or near the project area.

Species Nomenclature

Federal Status

Clams

Alabama Lampmussel (Lamsilis virescens)

Endangered

Cracking Pearlymussel (Hemistena lata)

Endangered

Dromedary Pearlymussel (Dromus dromas)

Endangered

Fanshell (Cyprogenia stegaria)

Endangered

Finerayed Pigtoe (Fusconaia cuneolus)

Endangered

Orangefoot Pimpleback (Plethobasus cooperianus)

Endangered

Pink Mucket (Lampsilis abrupta)

Endangered

Ring Pink (Obvaria retusa)

Endangered

Rough Pigtoe (Pleurobema plenum)

Endangered

Rough Rabbitsfoot (Quadrula cylundrica strigillata)

Endangered

Sheepnose Mussel (Plethobasus cyphyus)

Endangered

Shiny Pigtoe (Fusconaia cor)

Endangered

Spectaclecase (mussel) (Cumberlandia monodonta)

Endangered

White Wartyback (Plethobasus cicatricosus)

Endangered

Snails

Anthony’s Riversnail (Athearnia anthonyi)

Endangered

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, other federal, state, and/or local approvals may be required for the proposed work, including:

a. Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.

b. Solid Waste Permit from TDEC

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 December 27, 2018, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2014-00038 and be directed to the Regulatory Branch, Attention: Mark M. McIntosh, at the above address or email at mark.m.mcintosh@usace.army.mil.

Sincerely,

/s/ Casey Ehorn

Chief, East Branch Regulatory Division U.S. Army Corps of Engineers

Bull Run Fossil Plant Landfill

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JOB NUMBER: 60407955

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FIGURE:

CHECKED BY: JO

DATE: 6/11/2018

Proposed Landfill and Haul Road Site Location - Proposed Stream Restoration

TENNESSEE VALLEY AUTHORITY BULL RUN, ANDERSON COUNTY, TN

BASE MAP SOURCE: ESRI USA Topographic Map 2018

TVA Property

Proposed Borrow Source

Proposed Stormwater Pond

Proposed Stream Reroute

Proposed Landfill Footprint

Limit of Disturbance

Wetlands

Impacted Area Restoration Reach No Proposed Mitigation

Stream Mitigation Type

Ephemeral Stream

LEGEND:

0

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FOR PERMITTING PURPOSES ONLY

CLASS II DISPOSAL FACILITY PERMIT DRAWINGS

ALTERNATE FINAL COVER SYSTEM

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NOT FOR CONSTRUCTION

DRAFT

Rough impact

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