US Army Corps of Engineers
Nashville District

Public Notices

Public Notice No. LRN-19-28; File No. LRN-2006-00597

Published Aug. 2, 2019
Expiration date: 8/31/2019

Public Notice No. LRN-19-28
Nashville District 
Application No. LRN-2006-00597 
Date: July 31, 2019; Expires: August 31, 2019

Please address all comments to:

Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Cara Beverly)
501 Adesa Pkwy, Suite 250
Lenoir City, TN 37771

SUBJECT:  Proposed Discharge of Fill for Construction of Dry Coal Combustion Residual (CCR) Landfill, Haul Road and Borrow Area at TVA’s Kingston Fossil Plant (KIF), Clinch River Mile 3.7, Roane County, Tennessee

TO ALL CONCERNED:  The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources pursuant to Section 401(1) (1) of the CWA, that applicable state water quality standards will not be violated by the work.

APPLICANT:     Tennessee Valley Authority
                          Attn: Michael Turnbow
                          1101 Market Street
                          LP 5D-C
                          Chattanooga, TN 37402

LOCATION:  The proposed project is located within the boundaries of KIF and impacts occur in an unnamed tributary and adjacent wetlands of Clinch River, in Roane County, Tennessee.  The project is located within the 060102070405 HUC-12.  The project site can be found on the Harriman, Tennessee 7.5 Minute quadrangle map.
See Attachment 1 Location Map & Plans.

DESCRIPTION:  TVA proposes to construct an additional CCR landfill (Phase II), haul road and borrow area at the Kingston Fossil Plant.  Phase II was originally proposed and permitted in 2007, but construction was not initiated. The landfill will be comprised of four cells constructed adjacent to the Phase I landfill.  The landfill will provide additional storage capacity for CCR generated from steam electric power production at the Kingston Fossil Plant.  The proposed landfill project
involves stream and wetland impacts as indicated in Table 1 below.

Table 1: Project Impacts





Stream 01-Intermittent



Discharge of fill in 354 linear feet for grading purposes

W1- Forested



Discharge of fill in 0.27 acres

W2- Forested



Discharge of fill in 0.12 acres




Discharge of fill in 0.30 acres

Plans and location maps of the proposed project are provided in this notice.  If you wish to view additional plans, please contact this office or visit our web site at:

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:  According to the applicant, impacts to waters of the U.S. (WOUS) were avoided during the design phase as the project was conducted in multiple phases as needed avoiding any unnecessary impacts.  Additionally, all impacts have been minimized to the maximum extent possible for road construction.

COMPENSATORY MITIGATION:  In accordance with Tennessee’s Stream Quantification Tool, the applicant proposes to mitigate for loss of 106 functional feet of Stream 01 by purchasing credits from an approved stream mitigation bank.  Additionally, the applicant proposes to mitigate for impacts to 0.39 wetland acres with the restoration of 19.52 wetland acres (previously approved and constructed in accordance with original permit) at TVA’s Drowning Creek mitigation site.

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 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, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment 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 Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.

HISTORIC AND CULTURAL RESOURCES: TVA, as lead federal agency, will also review the proposal for compliance with Section 106 of the NHPA Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.

ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act):  Based on information provided by the applicant, review of the United States Fish and Wildlife Service (USFWS) website,, and the TVA Regional Natural Heritage Database indicate that the following federally-listed species are known to or believed to occur in project area.

Species Nomenclature

Federal Status


Alabama Lampmussel (Lampsilis virescens)


Birdwing (Pearlymussel Lemiox rimosus)


Cracking Pearlymussel (Hemistena lata Medionidus)


Dromedary Pearlymussel (Dromus dromas)


Fanshell (Cyprogenia stegaria)


Fine-rayed Pigtoe (Fusconaia cuneolus)


Green Blossom Pearlymussel (Epioblasma torulosa



Orange-foot Pimpleback (Plethobasus cooperianus)


Oyster Mussel (Epioblasma capsaeformis)


Pink Mucket (Lampsilis abrupta)


Purple Bean (Villosa perpurpurea)


Rough Pigtoe (Pleurobema plenum)


Sheepnose (Plethobasus cyphyus)


Shiny Pigtoe Pearlymussel (Fusconaia cor)


Slabside Pearlymussel (Pleuronaia dolabelloides)


Spectaclecase (Cumberlandia monodonta)


Tan Riffleshell (Epioblasma florentina walker)


Turgid Blossom Pearlymussel (Epioblasma turgidula)


White Wartyback (Plethobasus cicatricosus)



Anthony’s river snail (Athearnia anthonyi)



Slender chub (Erimystax cahni)


Spotfin chub   (Erimonax monachus)


Yellowfin madtom  (Noturus flavipinnis)



Berry cave salamander (Gyrinophilus gulolineatus)



Piping plover (Charadrius melodus)



Indiana bat (Myotis sodalis)


Gray bat (Myotis grisescens)


Northern Long-Eared Bat (Myotis septentrionalis)


A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS) for their review. This public notice serves as coordination with the USFWS pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended). Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the 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:

a.   Water Quality Certification from TDEC is required pursuant Section 401 (a)(1) of the Clean Water Act.

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 public hearing.

COMMENT PERIOD:  Written statements received in this office on or before August 31, 2019, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2006-00597 and be directed to the Regulatory Branch, Attention: Cara Beverly, at the above address or email at


Casey Ehorn
Chief, East Branch
Regulatory Division
U.S. Army Corps of Engineers