Public Notice No. 19-08

Proposed Excavation of a Gravel Bar at Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee

Public Notice No. 19-08 Nashville District Application No. 199714950 Date: March 14, 2019;Expires: April 13, 2019 Please address all comments to: Nashville District Corps of Engineers, Regulatory Division, 3701 Bell Road, Nashville, TN 37214 Attn: Floyd M. Carnes

SUBJECT: Proposed Excavation of a Gravel Bar at Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee

TO ALL CONCERNED: The application described below has been submitted for a Department of the Army

Permit (DA) pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33USC 403).

APPLICANT: Danny Tomerlin 2100 Elkton Pike Pulaski, Tennessee 38478

LOCATION: Richland Creek Mile 8.6, Right Bank, Giles County, Tennessee USGS Quadrangle: Aspen Hill, TN. Latitude: 35.0877, Longitude:-86.9690

BACKGROUND: The applicant was previously issued a DA permit for the activity on November 13, 1997 and on May 18, 2012. The previous authorizations have expired and the applicant is reapplying for the same activity.

DESCRIPTION: The proposed work consists of the removal of approximately 500 cubic yards of gravel per year for five years from a gravel bar measuring approximately 40’ x 150’ x 3’. The applicant would perform the work in the dry leaving a 15’ undisturbed buffer between the excavation and the stream. In addition, the bottom elevation of the excavated area would not be lower than one foot above the stream surface elevation. The gravel would be removed by track hoe, placed in a truck, and hauled upland for use on the applicant’s property. The applicant would gain access to the site by utilizing an existing access road.

Plans of the proposed work and a location map are attached to this notice. 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.: A 15’ buffer zone would be established between the active excavation and the free flowing water and the bottom elevation of the excavated area would not be lower than one foot above the stream surface elevation.

COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN: The applicant does not propose any compensatory mitigation.

PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed 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 proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline 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 United States Army Corps of Engineers (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 the 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, historical properties, water quality, and 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 NEPA. Comments are also used to determine the need for a public hearing and 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 previous file search and review at the Tennessee Division of Archaeology was conducted by the Regulatory Division in 1997 and again in 2007. An archaeological site is located in the vicinity of the proposed gravel bar removal, however; the site would not be impacted by the proposed activity. The 2007 file search confirmed the initial 1997 determination that the project would have “no effect” on historic properties. The Tennessee Historical Commission agreed with the Corps’ findings in letters dated August 26, 1997 and May 7, 2007. Based on this information, it is the finding of the Corps that this project has no potential to effect historic properties listed on or eligible for listing on the National Register of Historic Places. This Public Notice serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. USACE invites responses to this notice from Native American 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 sites of religious and cultural significance at or near the project area.

ENDANGERED/THREATENED SPECIES REVIEW: Based on information provided by the applicant, and a review of the USFWS website, http://ecos.fws.gov/ecos/indexPublic.do, the following federally-listed species are known to or believed to occur in Giles County, Tennessee

Common Name

Scientific Name

Oyster mussel

Epioblasma capsaeformis

Birdwing pearlymussel

Lemiox rimosus

Tan riffleshell

Quadrula sparsa

Cumberland comshell

Epioblasma brevidens

Cumberland monkeyface (pearlymussel)

Quadrula intermedia

Dromedary pearlymussel

Dromus dromas

Turgid blossom pearlymussel

Epioblasma torulosa torulosa

Pale lilliput pearlymussel

Taxolasma cylindrellus

Cracking pearlymussel

Hemistena lata

Rabbitsfoot

Quadrula cylindrical cylindrical

Slabside pearlymussel

Lexingtonia dolabelloides

Fluted kidneyshell

Ptychobranchus subtentum

Finerayed pigtoe

Fusconaia cuneolus

Snuffbox mussel

Epioblasma triquetra

Orangefoot pimpleback

Plethobasus cooperianus

Shiny pigtoe

Fusconaia cor

Boulder Darter

Etheostoma wapiti

Snail Darter

Percina tanasi

Price’s potato bean

Apios priceana

Indiana bat

Myotis sodalis

Gray bat

Myotis grisescens

Northern Long-Eared Bat

Myotis septentrionalis

The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. 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 impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with the 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.

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 hearings shall state, with particularity, the reasons for holding a hearing.

COMMENT PERIOD: Written statements received in this office on or before April 13, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should be directed to the Regulatory Branch, Attention: Floyd M. Carnes, at the above address, telephone 615-369-7503.

/s/

Timothy C. Wilder Chief, West Branch Regulatory Division U.S. Army Corps of Engineers