Public Notice No. 20-57: File No. LRN-2020-00070

Public Notice No. 20-57                                  
Nashville District         
Application No. LRN-2020-00070                 
Date: September 25, 2020; Expires: October 25, 2020

Please address all comments to:
Nashville District Corps of Engineers,
Regulatory Division
3701 Bell Road, Nashville, TN 37214
Attn: Floyd M. Carnes

SUBJECT:  Proposed Discharge of Fill Material into 0.56 acre of Wetland and into 359 linear feet (0.02 acres) of an Unnamed Tributary Associated with the Construction of Commercial Warehouse in Wilson County, Tennessee

TO ALL CONCERNED:  The application described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.  Before a permit can be issued, certification must be provided by
the state of Tennessee, pursuant to Section 401(1)(1) of the CWA, that applicable water quality standards will not be violated..

APPLICANT: AL Neyer, Inc.
                      C/O Mr. Justin Harting
                      3401 Mallory Lane, Suite 130
                      Franklin, Tennessee 37064

LOCATION:  The site is located in the northwest quadrant of the intersection of Central Pike and Highway 109, Lebanon, Wilson County, Tennessee
USGS Quadrangle: Martha, TN.  Latitude 36.1347; Longitude -86.4039.

DESCRIPTION:  The applicant has proposed to discharge fill material into 0.56 acre wetland and into 359 linear feet (0.02 acre) of a perennial stream.  The proposed discharge of fill material into waters of the United States is associated with the construction of a commercial warehouse
development on approximately 11 acres of a 30.79 acre site in Lebanon,  Wilson County, Tennessee.

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,

PURPOSE AND NEED:  According to the applicant the purpose of the proposed project is to construct a commercial warehouse development.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated they were able to avoid a pond, two perennial streams and three wetlands in the northern portion of the site.

COMPENSATORY MITIGATION, PRELIMINARY MITIGATION PLAN:  In order to compensate for impacts to jurisdictional waters, the applicant proposes to mitigate for the impacts to 0.56 acre wetland at a 2:1 ratio through the purchase of 1.12 wetland mitigation credits from the Swamp Road Wetland Mitigation Bank II.  The applicant utilized the TN SQT and determined that the proposed stream impacts would require 172.5 Function Foot Credits (FFCs). The applicant is proposing to mitigate these stream impacts through the purchase of 172.5 stream mitigation credits from the Setter Ridge Mitigation Bank.

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.  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 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 review of the National Register website (http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome) indicates no National Historic Preservation Act (NHPA) listed properties within one-mile of the permit areas.  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. 
Copies of this public notice are being provided to the SHPO and Native American Tribes.  The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.

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 Wilson County, Tennessee.

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. Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act.

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 October 25, 2020, 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 Division, 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