Public Notice 21-21; LRN-2018-00196

Please address comments to: Katie Alston, Nashville District Corps of Engineers, Regulatory Division, 3701 Bell Road, Nashville, TN 37214-2660

SUBJECT:  Proposed discharge of fill material into waters of the United States associated with construction of Westhaven Subdivision-Residential Additions, located in Franklin, Williamson 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:  Thomas Skube
                         Southern Land Company
                         3990 Hillsboro Pike, Suite 400
                         Nashville, TN 37215                                               

LOCATION: The proposed project comprises approximately 60 acres located on 3 parcels within the Westhaven Community in Franklin, Williamson County, TN (Exhibit 1). The wetlands and streams on the subject site are located within the Harpeth River Watershed (HUC 05130204).  The center coordinates for the residential development are Latitude N. 36.917878°, W.-86.924471°. The project site can be found on the U.S. Geological Survey (USGS) Leipers Fork, TN 7.5 Minute quadrangle map.

DESCRIPTION:  The applicant proposes to construct additional residential homes associated with the Westhaven Subdivision, consisting of approximately 184 units, and to expand Boyd Mill Pike to meet City of Franklin’s road safety requirements. The addition shown in Exhibit 2 is a conceptual drawing of the final stage of Westhaven Master Plan, as approved by the City of Franklin. The proposed discharge of fill material within 2 intermittent tributaries to the West Harpeth River associated with roadway crossings (Exhibits 3-4), road expansion (Exhibit 4), and grading to build out the community to the south and west is summarized in the table below.  

*Project also proposes construction of a pedestrian bridge spanning S80 (Exhibit 5). No WOTUS impacts. 

Plans of the proposed work are attached to this notice.  If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.

PURPOSE AND NEED:  To provide additional residential housing to the area. The residential construction within the existing Westhaven Community is proposed to meet the continued growing demand for housing located in Franklin, Williamson Tennessee and the proposed road expansion would meet City of Franklin road safety requirements. 

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant’s Alternatives Analysis for the project included review of no action, onsite design, and off-site design alternatives. The analysis of off-site alternatives found adjacent parcels are either not zoned for residential development or are not currently available for purchase. Onsite design alternatives considered impacts to endangered species and their habitat, wetlands, and streams. Erosion Prevention and Sediment Control measurements will be submitted with the complete design plans. 

COMPENSATORY MITIGATION:  The applicant proposes to provide compensatory mitigation by purchasing stream credits from Setters Ridge Mitigation Bank and by completing on-site permittee responsible mitigation for waters of the State of Tennessee. 

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 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, 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 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 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 (https://www.nps.gov/subjects/nationalregister/database-research.htm) indicates there are five federally listed historic properties within approximately one-mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. 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 State Historic Preservation Office (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. The USACE has requested that the applicant conduct a Phase I Archaeological Survey of the proposed development area.

ENDANGERED/THREATENED SPECIES REVIEW:  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.  We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended.  If required, the Corps will initiate ESA consultation with the USFWS by separate letter. 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 or believed to occur in the vicinity of the proposed project (Table 2):

Table 2.  Potential Endangered and Threatened Species in the Proposed Project

OTHER APPROVALS:   In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work, including but not limited to:

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 activity.                                                                                                            

 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 by August 5, 2021 (30 days) will become a 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: Ms. Katie Alston at the above address or by email: katherine.c.alston@usace.army.mil.                                                          

                                                                                                              \s\

                                                                                                               Joshua W. Frost
                                                                                                               Chief, Technical Services Branch
                                                                                                               Regulatory Division
                                                                                                               U.S. Army Corps of Engineers
                                                                                                               Nashville District