Public Notice No. 20-08
Nashville District
Application No. LRN-2018-00726
Date: August 13, 2020; Expires: September 13, 2020;
Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division (Attn: Amy Robinson)
3701 Bell Road,
Nashville, TN 37214
SUBJECT: Proposed discharge of fill material into wetlands and streams associated with residential development known as Vineyard Grove, formerly Hunter Point Golf Course, located in Lebanon, Wilson County, Tennessee
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
APPLICANT: Mr. Blake Seeberger
Lennar Homes of Tennessee, LLC
381 Mallory Station Road, Suite 200
Franklin, Tennessee 37067
LOCATION: Wetlands and tributaries to Walker Branch, at a residential development known as Vineyard Grove, located at 1500 Hunters Point Pike, formerly Hunters Point Golf Course, in Lebanon, Wilson County, TN; USGS Quad Map: Lebanon; Latitude 35.418747, Longitude-86.014989
DESCRIPTION OF PROPOSED WORK: The applicant is requesting to discharge fill material into approximately 2.18 acre of wetlands and 150 linear feet of an intermittent stream for the multi-phase residential development known as Vineyard Grove in Lebanon, Wilson County, TN. A portion of WTL-8, 1.98 acre, at Impact E, 0.03 acre at Impact G, 0.11 acre at Impact H, and 0.06 acre of fringe wetlands at Pond 1 would be filled for a total of 2.18 acres. The wetlands would be impacted for the grading of residential lots and/or storm water basins. Two stream crossings would be constructed on an unnamed, intermittent stream for a roadway within the development. The crossings are shown as Impact A (90 linear feet) and Impact B (65 linear feet) and each would consist of 6’x4’ open box culvert. A sewer line would be installed across streams at sites labeled as Impact A, Impact B, Impact C, and Impact D, each consisting of temporary impacts of 5 linear feet of stream. At Impact C, the sewer line would also cross a wetland area approximately 340 linear feet long. The crossings at Sites A, B, and C (an intermittent stream) and the wetland would be constructed during dry conditions and at Site D
(Walker Branch, a perennial stream) during low flow conditions.
The applicant proposes compensatory mitigation for the wetland impacts by purchasing 4.36 credits (2:1 ratio) from the Tennessee Mitigation Fund In-Lieu Fee (ILF) Program.
The overall development would consist of 394 lots on an approximately 125 acre tract of land. The applicant states the discharge of fill material into the wetlands and streams would allow preparation of the project site for home construction and associated infrastructure. The project site was formerly an 18-hole public golf course known as Hunters Point Golf Course that was constructed in 1968 historically altered and graded for such use.
Plans and location maps of the proposed project are provided in this notice.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to provide single and multi-family housing to accommodate the large population growth of Lebanon, TN that is current and ongoing over the past several years. The work would provide an expansion of existing, newly
developed subdivisions located to the south and east, near a main road artery, nearby schools and has available public utilities of the project site.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant provided an alternative analysis considering no action and offsite locations. The applicant stated the proposed site is their preferred alternative due to its disturbed condition from its past usage as an 18-hole golf course. The applicant states the design of the project avoided and minimized impacts to water resources. The project site contains a total of 8.5 acre of
wetlands of which 6.26 acres would be avoided (permanent impact of 2.18 acres and temporary impact of 0.04 acre for the sewer line crossing). The property contains approximately 952 linear feet of perennial stream (Walker Branch) and 1,979 linear feet of intermittent streams (unnamed tributaries). The streams would be avoided except for two sites for proposed road crossings (box culvert encapsulation on an intermittent stream) and temporary impacts of four sites for utility crossings (one perennial and three intermittent streams). Additionally, the applicant states wetland impacts have been limited to low-quality wetlands where golf course maintenance mowing has severely impacted the site. The applicant stated onsite best management practices would be utilized to minimize water quality impacts.
COMPENSATORY MITIGATION: The applicant proposes compensatory mitigation for the proposed 2.18-acre of palustrine shrub/scrub wetland impacts by purchasing 4.36 credits (2:1 ratio) from the Tennessee Mitigation Fund In-Lieu Fee program.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a DA 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 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 Corps 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. 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, historical properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/or
an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
HISTORIC AND CULTURAL RESOURCES: The proposed site is a former 18-hole public golf course (formerly known as Hunters Point Golf Course) that was constructed in 1968. The site was graded and transformed into elevated tees, greens, ponds, and cart paths. It is not expected that the project site would yield any historic value. This public notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. The Corps invites responses to this public 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. Based on the background research that was conducted by the Corps archaeologist, no known cultural resources are located within the permit area.
This notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. 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 areas of cultural significance at or near the project area. Any substantive comments would be considered to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the
activities in this location:
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Group
|
Common Name
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Scientific Name
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Status
|
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Mammal
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Indiana bat
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Myotis sodalis
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E
|
|
Mammal
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Gray bat
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Myotis grisescens
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E
|
|
Mammal
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Northern Long-Eared Bat
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Myotis septentrionalis
|
T
|
|
Plant
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Spring Creek bladderpod
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Lesquerella perforata
|
E
|
The applicant pre-coordinated the proposed work with the state of Tennessee, Department of Environment and Conservation, Division of Natural Areas (TDEC-DNA), and the U.S. Fish and Wildlife Service (USFWS). TDEC-DNA responded by email dated February 28 2018 that they do not anticipate any impacts to the Spring Creek Bladderpod or its habitat based on the area being maintained and that project activities will mostly stay out of the floodplain and they do not believe a field survey is necessary. USFWS responded by letter dated February 28, 2018, that after review of available information, they believe the proposed work would not adversely affect any threatened and/or endangered species [FWS# 2018-I-0313 & 2018-CPA-0310].
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 under the ESA as threatened or endangered or any designated critical habitat. A copy of the notice is being furnished to the USFWS for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to T&E species. After receipt of comments, 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:
1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.
2. Other federal, state, and/or local approvals that 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 public hearings shall state, with particularity, the reasons for holding a hearing.
COMMENT PERIOD: Written statements received in this office within 30 days from the date of this notice will become a part of the record and considered in the determination. Any response to this notice should be directed to the Regulatory Division, Attention: Amy Robinson at email:
amy.m.robinson@usace.army.mil.
If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Ms. Robinson at the above email.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers