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This notice announces a Prospectus that has been submitted for the development of the Lodi 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. 18-52
Nashville District
Application No. LRN-2018-00860
Date: November 29, 2018; Expires: December 29, 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 Lodi 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: Resource Environmental Solutions, LLC
ATTN: Ken Barry – S&ME, Inc. 6515 Nightingale Lane
Knoxville, TN 37909
LOCATION: The proposed mitigation bank is located on a 119-acre farm in Athens, McMinn County, Tennessee (Latitude N 35.495666, Longitude W -84.700512). The proposed mitigation bank would rehabilitate 19,464 linear feet of Possum Creek and unnamed tributaries to Possum Creek, and enhance and preserve 64.1 acres of wetlands adjacent to Possum Creek and its tributaries.
PURPOSE: The Lodi Stream 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/Ft Loudoun (HUC 06010201), Ocoee (HUC 06020003), Conasauga (HUC 03150101), and Lower Little Tennessee River (HUC 06010204) watersheds 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preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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 mitigation banking instrument (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 19,464 linear feet of Possum Creek and tributaries to Possum Creek, and enhancement and preservation of 64.1 acres of wetlands adjacent to Possum Creek and its tributaries. Stream functional uplift will be provided through improvement of stream hydrology, reduction of streambank erosion, mprovement 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 creation of 2,331 linear feet of new stream channel, restoration of 10,175 linear feet of existing stream channel, and preservation of 6,867 linear feet of existing stream channel. The proposed wetland mitigation approach involves a combination of enhancement of 53.3 acres of wetland and preservation of 10.8 acres of wetland.
Details of the mitigation plan are contained in the Lodi Mitigation Bank Prospectus dated October 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 McMinn 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
Flowering Plants
White Fringeless Orchid (Platanthera integrilabia)
Threatened
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.
\s\
Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
U.S. Army Corps of Engineers
Service Layer Credits: Content may not reflect National Geographic's current
map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEPWCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
0
20,000
40,000
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM USGA NATIONAL MAP. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
Public Notice 18-52
File No. LRN-2018-00860
Exhibit A
McVEY PROPERTY BOUNDARY
SCALE:
FIGURE NO.
DATE:
1
SITE VICINITY MAP
1 " = 20,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG3_EXISTING FEATURES MAP.mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit B
LODI STREAM MITIGATION BANK EXISTING AQUATIC RESOURCES MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Service Layer Credits: © 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018)
Distribution Airbus DS © 2018 HERE
Public Notice 18-52
File No. LRN-2018-00860
Exhibit C
0
1,000
2,000
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM BING AND NATIONAL WETLAND INVENTORY
(NWI) MAP OBTAINED FROM U.S. FISH AND WILDLIFE SERVICE (USFWS).. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
OTHERWISE.
McVEY PROPERTY BOUNDARY
LODI MITIGATION SITE
USFWS NWI MAP
WETLAND TYPE
FRESHWATER FORESTED/SHRUB WETLAND
FRESHWATER POND
RIVERINE
SCALE:
FIGURE NO.
DATE:
5
NATIONAL WETLAND INVENTORY MAP
1 " = 1,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
SOILS WITHIN PROPERTY BOUNDARY:
AcF - Apison-Coile complex, 25 to 60 percent slopes
AsF - Apison-Sunlight complex, 25 to 60 percent slopes, very rocky
BeB - Bellamy silt loam, 1 to 5 percent slopes
Bm - Bloomingdale silty clay loam, occasionally flooded **
CnC2 - Coile silt loam, 5 to 12 percent slopes, eroded
CnD2 - Coile silt loam, 12 to 25 percent slopes, eroded
CnE3 - Coile silt loam, 5 to 35 percent slopes, gullied
CtC2 - Corryton-Townley complex, 5 to 12 percent slopes, eroded
Ha - Hamblen silt loam, clayey substratum, 0 to 3 percent slopes,
occasionally flooded **
SuC - Sunlight-Apison complex, 5 to 12 percent slopes, very rocky
SuD - Sunlight-Apison complex, 12 to 25 percent slopes, very rocky
TwB2 - Townley-Coile complex, 2 to 5 percent slopes, eroded
WoB - Wolftever silt loam, 1 to 5 percent slopes, occasionally flooded **
WoC - Wolftever silt loam, 5 to 12 percent slopes
** = Hydric Soils
Service Layer Credits: © 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018)
Distribution Airbus DS © 2018 HERE
Ha
Public Notice 18-52
File No. LRN-2018-00860
Exhibit D
0
1,000
McVEY PROPERTY BOUNDARY
2,000
LODI MITIGATION SITE
(FEET)
NRCS:USDA SOIL SURVEY
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM BING AND NRCS. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
SOILS WITHIN PROPERTY BOUNDARY
HYDRIC SOILS
SCALE:
FIGURE NO.
DATE:
4
NRCS SOILS MAP
1 " = 1,000 '
LODI STREAM MITIGATION SERVICE
McMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG7_MITIGATION SITE AERIAL MAP .mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit E
LODI STREAM MITIGATION BANK PROPOSED MITIGATION AERIAL MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Drawing Path: C:\Users\jrowe\Desktop\New folder (2)\FIG6_MITIGATION SITE TOPO MAP.mxd plotted by JRowe 10-31-2018
Public Notice 18-52
File No. LRN-2018-00860
Exhibit F
LODI STREAM MITIGATION BANK PROPOSED MITIGATION TOPO MAP
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
Kentucky
Virginia
PRIMARY SERVICE AREA
SECONDARY SERVICE AREA
8 DIGIT HYDROLOGIC UNIT CODE WATERSHED
TENNESSEE ECOREGION
ECOREGION 67
67f
67g
67h
67i
Tennessee
06010201
(WATTS BAR LAKE)
06010204
(LOWER LITTLE
TENNESSEE)
SITE
06020001
(MIDDLE TENNESSEECHICKAMAUGA
06020002
(HIWASSEE)
North Carolina
06020003
(OCOEE)
0Alabama
90,000
180,000
Georgia
(FEET)
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM USDA:NRCS AND ESRI. THIS MAP
IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS
DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY
INFORMATION, UNLESS STATED OTHERWISE.
Public Notice 18-52
File No. LRN-2018-00860
Exhibit G
Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey,
Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
SCALE:
FIGURE NO.
DATE:
12
SERVICE AREA AND ECOREGION MAP
1 " = 90,000 '
LODI STREAM MITIGATION SERVICE
MCMINN COUNTY, TENNESSEE
10-26-18
PROJECT NUMBER:
7243-18-004