SUBJECT: This notice announces a prospectus has been submitted for the development of the Smoky Run 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: Mitigate Tennessee, LLC
PO Box 836
Hallsville, TX 75650
LOCATION: The proposed Smoky Run Mitigation Bank (SRMB) comprises approximately 220 acres in Roane County, Tennessee (Figure 1). This site is located within the Southern Dissected Ridges and Knobs Level IV Ecoregion of the Ridge and Valley.
PURPOSE: The SRMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Watts Bar Lake (06010201) and secondary service areas of the Middle Tennessee-Chickamauga (HUC 06020001) and Lower French Broad River (HUC 06010107).
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restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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 execution and management of the project. 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 site through the development of a 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).
PROJECT DESCRIPTION: Utilizing a watershed-scale restoration approach, SRMB proposes to restore 46,551 linear feet of Smoky Run and its tributaries through a combination of establishment, re-establishment, restoration, and preservation. See Table 1 for a listing of the existing and proposed stream lengths, as well as proposed credits from the proposed SRMB, and See Table 2 for a summary of the project goals.
The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank.
. BANK SPONSOR: Mitigate Tennessee, LLC PO Box 836 Hallsville, TX 75650 LOCATION: The proposed Smoky Run Mitigation Bank (SRMB) comprises approximately 220 acres in Roane County, Tennessee (Figure 1). This site is located within the Southern Dissected Ridges and Knobs Level IV Ecoregion of the Ridge and Valley. PURPOSE: The SRMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Watts Bar Lake (06010201) and secondary service areas of the Middle Tennessee-Chickamauga (HUC 06020001) and Lower French Broad River (HUC 06010107). 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 execution and management of the project. 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 site through the development of a 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). PROJECT DESCRIPTION: Utilizing a watershed-scale restoration approach, SRMB proposes to restore 46,551 linear feet of Smoky Run and its tributaries through a combination of establishment, re-establishment, restoration, and preservation. See Table 1 for a listing of the existing and proposed stream lengths, as well as proposed credits from the proposed SRMB, and See Table 2 for a summary of the project goals. The project prospectus can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the mitigation plan would serve as the basis for deriving and releasing credits for the mitigation bank. )
HISTORIC AND CULTURAL RESOURCES: At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. 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 cultural significance at or near the project area. Upon submittal of the design plans, USACE will evaluate the design plans along with any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, 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 or believed to occur in the vicinity of the proposed project (Table 3):
A 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 by November 18, 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.
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Joshua W. Frost
Chief, Technical Services Branch
Regulatory Division
Nashville District
U.S. Army Corps of Engineers