US Army Corps of Engineers
Nashville District

Public Notices

Public Notice No. 19-25; File No. LRN-2019-00083

Published July 12, 2019
Expiration date: 8/12/2019

Public Notice No. 19-25 
Nashville District   
Application No. LRN-2019-00083                                          
Date: July 12, 2019; Expires: August 12, 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 Ten Mile Creek Stream and Wetland 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:  Wetland and Stream Restoration Services, LLC
                                713 Melpark Drive
                                Nashville, TN 37204

LOCATION: The proposed stream mitigation project encompasses approximately 106 acres and is located 1.5 miles north of the community of Ten Mile in Meigs County, Tennessee (latitude N 35.681305, longitude W -84.662347). The proposed mitigation project would incorporate approximately 1.1 miles (5,810 +/- linear feet) of intermittent and perennial stream channels and 11.9 acres of wetlands in the Ten Mile Creek watershed, which is a tributary of Big Sewee Creek that ultimately drains to the Tennessee River.

PURPOSE:  The proposed project would provide compensatory stream mitigation for permitted impacts within the proposed geographic service areas of the Middle-Tennessee Chickamauga (06020001), Hiwassee (06020002), Sequatchie (06020004), and Watts Bar (06010201) 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preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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:  The proposed bank site consists of one 3rd order stream (Ten Mile Creek), and two 1st order tributaries, as well as degraded floodplain riparian wetlands. Project objectives are to improve overall ecological function and stability of streams and wetlands within the project area, which will provide ecological and water quality benefits in the Big Sewee Creek (060200010101) watershed of the Middle Tennessee-Chickamauga Basin.  The project will consist of
restoration of Ten Mile Creek and a unnamed tributary 1 (UT1) using natural channel design techniques to provide functional lift capable of restoring natural channel hydrology, hydraulic, geomorphic, physicochemical, and biological characteristics.

Wetland restoration objectives include 1) restoration of palustrine bottomland hardwood forests incorporating microtopography and small open pools to provide habitat and refugia, 2) create microtopographic relief to provide habitat and higher water retention, 3) improve hydrologic regime and wetland stability by grading areas impacted by historic land use and plugging drainage ditches, 4) plant native tree and shrub species to re-establish riparian hardwood vegetation, 5) improve
water quality through sedimentation, filtration, and absorption, and 6) protect restored, enhanced, and preserved stream and wetland areas with land use restrictions.

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 search of the National Register of Historic Places returned no findings of historic properties within or near the mitigation site. A Phase I cultural/archaeological survey has not been conducted for the 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 would 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 Meigs County, Tennessee:

Species Nomenclature

Federal Status

Mammals

Gray bat (Myotis grisescens)

Endangered

Fishes

Snail Darter (Percina tanasi)

Endangered

Amphibians

Berry Cave Salamander (Gyrinophilus alleganiensis)

Candidate

Freshwater Mussels

Fanshell (Cyprogenia stegaria)

Endangered

Dromedary Pearlymussel (Dromus dromas)

Endangered

Pink Mucket (Lampsilis abrupta)

Endangered

Rough Pigtoe (Pleurobema plenum)

Endangered

 

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 August 9, 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