Public Notice No. 19-22; File No. LRN-2018-00948

Public Notice No. 19-22
Nashville District
Application No. LRN-2018-00948
Date: June 6, 2019; Expires: July 6, 2019

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

SUBJECT:  This notice announces a prospectus has been submitted for the development of the Setters Ridge Stream Mitigation Bank (SRSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).

BANK SPONSOR:  RES, LLC
                                1033 Demonbreun Street, Suite 300
                                Nashville, Tennessee 37203

LOCATION: The proposed stream mitigation bank encompasses 59.2 acres across three adjoining tracts located near Allisona, Williamson Co., Tennessee (Latitude N 35.783402, Longitude W - 86.70455). The proposed mitigation project would restore approximately 3.29 miles (± 17,359 linear feet) of ephemeral, intermittent and perennial stream channels in Overall Creek, North Fork Flat Creek, and West Fork Spring Creek watersheds, which are tributaries of the Harpeth River, which ultimately drains into the Cumberland River.

PURPOSE:  The SRSMB would provide compensatory stream mitigation for permitted impacts within the proposed geographic service area of the Harpeth (05130204), Lower Cumberland- Sycamore (05130202), and Stones (05130203) HUC 8 watersheds.

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preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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: This project aims to improve overall ecological function and stability of the headwaters of Overall Creek, North Flat Creek, and West Fork Spring Creek and provide ecological and water quality benefits within the primary service areas of the Harpeth River (HUC 05130204) and Upper Duck River
(HUC 06040002) as well as the secondary service areas of Stones River (HUC 05130203), the Lower Cumberland/Sycamore River (HUC 05130202), the Lower Duck River (HUC 06040003), and the Stones watersheds within the State of Tennessee.

The bank will consist of the restoration of perennial, intermittent, and ephemeral stream reaches via livestock exclusion, vegetated riparian buffer establishment, and re-establishment of natural channel geomorphology. Re-establishment of natural channel geomorphology will be accomplished along approximately 4,558 linear feet of perennial stream, 12,381 linear feet of intermittent stream, and 420 feet of ephemeral stream along the unnamed tributaries to Overall Creek, North Fork Flat Creek, and West Fork Spring Creek using natural channel design methodology to provide a functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physicochemical, and biological characteristics. In addition, livestock will be excluded from all the mitigated streams on the site, and a vegetated riparian buffer will be established along the perennial and intermittent streams and along an additional 541 feet of intermittent stream and 3,762 feet of
ephemeral stream. Approximately 21,662 linear feet of unnamed tributaries to Overall Creek, North Fork Flat Creek, and West Fork Spring Creek will be restored, and approximately 59.2 acres of vegetated riparian buffer will be established and placed in a conservation easement.

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:  A review of the Tennessee Historical Commission Web Service Database and the National Register of Historical Places web database indicated no listings as occurring on the project site.  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:

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 July 6, 2019 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: Mr. Ryan Evans at the above address or by email: ryan.evans@usace.army.mil.

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