Public Notice No. 19-14 ; File No. LRN-2012-00124

Public Notice No. 19-14     
Nashville District
Application No. LRN-2012-00124
Date: May 7, 2019 ;  Expires: June 6, 2019

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 streams and wetlands associated with conveyance of approximately 9.19 acres of U.S. Army Corps of Engineers (USACE) Cheatham Lock and Dam Project lands for construction of a flood control levee to protect A.O. Smith Facility, in Ashland City, Cheatham County, Tennessee (Adjacent to Cumberland River Mile 185.4)

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).  In addition, a joint National Environmental Policy Act (NEPA) document will be prepared for the DA Permit and USACE real estate conveyance action for tracts E-514-1, E- 514-2, E-518-1, E-518-2, E-519-1, E-537-1 and E-538.

APPLICANT:    A. O. Smith Corporation
                         500 Tennessee Waltz Parkway
                         Ashland City, Tennessee  37015

LOCATION:  Tributaries and wetlands adjacent to Cumberland River Mile 185.4, right descending bank, Cheatham Lake, By Pass Road and Tennessee Waltz Parkway, in Ashland City, Cheatham County, TN (Latitude 36.266621°, Longitude - 87.067433°)

DESCRIPTION OF PROPOSED WORK:  The applicant proposes to construct a 500-year flood protection levee around the north, west, and south sides of its facility in Ashland City, TN. The levee would be constructed partially on property they own and partially on government lands.  The soil used as fill for the earthen levee would be obtained partially from property they own and partially from City land. The levee would fill approximately 3.67 acres of wetlands (consisting of 0.91-acre of
forested wetland and 2.76-acres of emergent wetlands) and impact 986 linear feet of stream channel.  Of the impacted streams, 270.5 linear feet would be encapsulated, 24 feet would be relocated, and 692 feet would be excavated (within the borrow area of soil for the levee) as shown in table below:

The dimensions of the  earthen segments of levee would  range from 75 feet to 150 feet wide and 13 feet to 27 feet tall.  Portions of the levee will consist of 8 foot to 25-foot high concrete floodwalls up to 30 inches thick. Streams flowing  from east to  west  from under t he  A O Smith  facilit y  would follow their existing course through  gates in the floodwall and culverts in  t h e  levee during normal  flow conditions. When  the Cumberland  River reaches flood stage these  gates would  be closed and stream and storm  flow will  be  pumped  over the levee.  On the south side, the levee would tie into existing grade above the 500-year flood level at Tennessee Waltz Parkway west of the railroad.  On the north  side, the wall  would  cross the railroad tracks and tie into natural  grade to the east.

The levee would  also surround  and protect  a Cumberland  Electric Membership Cooperative substation  located  to the south of the plant  and the Ashland City Waste  Water  Treatment Plant (WWTP) to the north. Concrete walls  were  selected  for the section between  the  WWTP and Puzzlefool  Creek on the north  side and at the Stream 9 crossing on the west  side to minimize stream impacts.

Construction of the levee would require the permanent filling of 3.67 acres of wetland located within the proposed levee footprint.  Additional temporary wetland impacts totaling up to 2.68 acres may occur during construction but these areas would be restored to their original contours immediately after construction. Streams 3 and 4 currently flow through culverts under the A.O. Smith facility and streams 8 and 9 begin at the western toe of Tennessee Waltz Parkway on the west
side of the facility. These streams would be crossed by the levee.  Streams 3 and 4 would pass through gated culverts in the earthen portion of the levee.  A new channel (Stream 8) would be constructed relocating flow to Stream 9 upstream of the concrete levee wall and then the combined Stream 8/9 base flow would likewise pass through a gate in the concrete floodwall.  Approximately 692 feet of streams (Streams 10 and 11) would be excavated along their length crossing a borrow area for the earthen levee. The entire borrow area excavation would be remain and would be converted to a public access fishing pond owned by the City after borrow is complete.

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:  A.O. Smith is the largest employer in Cheatham County. The purpose of the levee is to protect the A.O. Smith Plant from future flood events. Since its construction, the Ashland City A.O. Smith Plant has experienced multiple flood events.  In 2010, the 500-year flood elevation of 407 was exceeded at the site. Plant production was significantly impacted and total cost of lost production and repairs from the 2010 flood event was in excess of 66 million dollars. Flooding of the plant parking lot during a flood event in February of 2016 resulted in damage to employee vehicles.  Additional investment in the Plant is unlikely without the levee. Work to complete the levee is expected to take approximately 1.5 years.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:  Several alternatives have been considered to achieve the desired flood control purpose, but were eliminated from further consideration due to inadequate protection or greater environmental impacts. According to the application, every effort has been made to minimize impacts to streams and wetlands and the currently proposed alternative represents the best possible approach to protect the A.O. Smith Plant and allow for future investment and growth of the facility.  In addition, the applicant states every effort has been made to keep the construction footprint as small as possible.  The project was designed to maintain channel lengths and employ natural channel design techniques for the channel relocation (i.e., Stream 8 tying to Stream 9).

The combined flows will pass through the levee at a single gate and rejoin the existing stream channel downstream.  Other minimization measures include reducing the levee footprint at crossing points by installation of an open channel through the levee rather than encapsulation (originally proposed as 270 linear feet).  Other measures would be employed including installation of erosion control measures, revegetation and stabilization of disturbed areas, and other best management
practices as necessary.  Unavoidable temporary wetland impacts would be held to the absolute minimum necessary and restored in as timely as manner as possible to minimize temporal impacts.  Stream crossings would be constructed in the dry and work would be timed during dry weather periods to the extent possible.

COMPENSATORY MITIGATION:  The applicant proposes compensatory mitigation for the proposed 3.67-acres of wetland impacts.  The mitigation plan includes creation of 14.44 acres of new wetlands onsite, on applicant owned property (4:1 ratio to compensate for 3.67 acres of filled wetlands).  The applicant proposes to excavate higher areas of the Cumberland River floodplain adjacent to existing wetlands to a similar bottom elevation.  This proposal would link the existing
wetland areas into a larger wetland system resulting in the enhancement of habitat of onsite existing wetlands.  An additional 1.68 acres of wetland preservation is proposed (10:1 ratio for 0.17 acre of impacted wetland) and 4.42 acres of upland buffer preservation.  According to the applicant, the proposed mitigation plan would generate compensation equivalent to the loss of 4.07 acres of wetlands at the site, create a larger, connected wetland system within the floodplain
area, and increase existing wetland functions.

The applicant proposed mitigation for the stream impacts by onsite, permittee-responsible measures.  Streams 3 and 4 (proposed encapsulation) and Streams 10 and 11 (proposed borrow excavation impact) are characterized as Cumberland River backwater/open water slough (lentic) areas.   The total area of lentic habitat to be impacted is 0.11 acre (total of 960 linear feet).  For these impacts, the applicant proposes onsite, in-kind lentic mitigation by the creation of a 7.81- acre (fishing) lake with fringe wetlands (approximate ratio of 41:1).  It would be constructed at the site of the soil borrow area post-excavation with 3:1 sloping banks and a variety of depths, substrates, and habitats for fish, reptiles, amphibians, and benthic macroinvertebrates.

For stream mitigation of impacts to Streams 8 and 9, total of 26.5 linear feet, the applicant proposes to relocate 24 linear feet of STR-8, remove two existing bridges and provide restoration activities including bank stabilization on approximately 100 linear feet of Stream 7 (Puzzelfool Creek).

The proposed permittee-responsible mitigation plan for this project is on file in the Regulatory Division office.

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 applicant conducted archaeological surveys of the proposed flood control levee and associated work in 2016 and 2017.  These surveys were submitted for Corps review with the application package.  Identified sites would be avoided by the levee alignment.  No archaeological sites listed on or eligible for the National Register of Historic Places would be impacted by the proposed project.  Assessment of indirect effects on historic buildings and structures is forthcoming.

A copy of this notice is being sent to Tennessee Historical Commission, the State Historic Preservation Office (SHPO), and Federally recognized tribes for their comments and consultation under Section 106 of the National Historic Preservation Act.  The Corps invites responses from American Indian Tribes or tribal governments; Federal, State, and local agencies; historical and archeological societies; parties likely to have knowledge of or concerns regarding historic
properties and cultural significance at or near the project area, and the public. Under separate cover, the Corps will provide copies of the reports to the SHPO and Tribes in association with Section 106 consultation.

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 under the ESA as threatened or endangered (T&E) or any designated critical habitat.  The applicant submitted results of a mist net survey and a habitat assessment report conducted in October 2016.  According to the report, habitat for the endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis) are present at the site.  The affected permit area contains approximately 17 acres of secondary growth forest, which could be considered potential summer habitat for the Indiana bat due the size, and characteristics of the trees. The land to the west of the project area is riparian, secondary growth forest, and contains bottomland habitat that is ideal for the Indiana bat. This area
contains flyways for bats, protected foraging areas, multiple roost locations, and access to drinkable water. While potential bat habitat was identified across the permit area; the report concludes that the location with the best habitat is well outside the location proposed for the levee.  No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work.

This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended) and Fish and Wildlife Coordination Act.  Per this notification, we request comments from the USFWS concerning potential impacts to T&E species.  After receipt of comments, USACE will evaluate 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.   The project requires Corps Real Estate Division approval for work on U.S. Government land.  Therefore, prior to construction, the Corps Real Estate Division must approval for the project to impact lands and waters upon which the government has real estate interests.

3.   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 by June 6, 2019, will become a part of  the record and considered in the determination.  Any response to this notice should reference Corps Application No. LRN-2012-00124, and be directed to the Regulatory Division, Attn: Amy Robinson, at the above address or email: amy.m.robinson@usace.army.mil.

/s/

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