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Public Notices

Public Notice No. LRN-20-20: File No. LRN-0-7524200

Published June 4, 2020
Expiration date: 7/4/2020

                        
Nashville District        
Application No. LRN- 
Date: June 4, 2020: Expires: July 4, 2020

Please address all comments to:
Nashville District Corps of Engineers
Eastern Regulatory Field Office (Attn: Ken M. Jones)
501 Adesa Pkwy
Suite 250,
Lenoir City, TN 37771

JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
and
TENNESSEE VALLEY AUTHORITY

SUBJECT:  Proposed Community Fixed Dock with 8 Boat Slips, Agency Creek 0.1L, Hiwassee River Mile 7.9R, Meigs County, Tennessee

TO ALL CONCERNED:  The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.

APPLICANT:  Pangle Point HOA
                       1331 Hiwassee Circle
                        Decatur, TN 37322

LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and TVA have a Memorandum of Understanding that designates TVA as the lead Federal Agency for conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable federal laws and
regulations (e.g., the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA)) for proposed work that may occur on property which is under TVA jurisdiction or control.

LOCATION:  The proposed project is located within the boundaries of the Pangle Point, LLC Community Lot on Chickamauga Reservoir, Agency Creek 0.1L, Hiwassee River Mile 7.9R, Meigs County, Tennessee.  The project is located on Chickamauga Reservoir within the Agency Creek-Hiwassee River
060200021407 HUC-12 watershed.  The project site can be found on the TN-BIRCHWOOD 7.5 Minute quadrangle maps. See Attachment 1, Site Location Map.

DESCRIPTION:  The applicant proposes to construct community dock consisting of 8 boat slips.  The proposal includes the construction of one fixed, covered structure measuring 120ft x 74ft with a 6ft x 37 foot walk way for a total lakeward extension of 159 feet. The structure will consist of two 10ft x 28ft boat slips, four 12ft x 34 boat slips, one 20ft x 60ft slip, one 22ft x 60ft slip and a 24ft x 66ft deck.   See Attachment 2 Project plans.   If you wish to view additional plans, please contact this office or visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:  The applicant had stated impacts to Chickamauga Reservoir were minimized during the design phase as proposed dredge and bank stabilization were removed from the plans and minimal impacts are expected with the floating structure.

COMPENSATORY MITIGATION:  The applicant has not proposed compensatory mitigation.  The aquatic impacts are limited to the construction of a fixed and floating community dock structure.

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.

SOLICITATION OF COMMENTS:  The USACE and TVA are  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 and TVA 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: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA.   This 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 TVA, and a review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment- online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area.

Species Nomenclature

Federal Status

Clams

Cumberland Bean (pearlymussel) (Villosa Trabalis)

Endangered

Fishes

Snail Darter (Percina tanasi)

Threatened

Mammals

Indiana bat (Myotis sodalis)

Endangered

Gray bat (Myotis grisescens)

Endangered

Northern Long-Eared Bat (Myotis septentrionalis)

Threatened


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.   TVA approval is required under Section 26a of the TVA Act for the proposed work and will be processed separately.

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 July 4, 2020, will become a part of the record and will be considered in the determination.  Any response to this notice should reference LRN-0-7524200 and be directed to the Regulatory Branch, Attention: Ken M. Jones,
at the above address or email at ken.m.jones@usace.army.mil and Bradley Hubbard, at Tennessee Valley Authority, P.O. Box 1010, Muscle Shoals, Alabama 35662 or email bdhubbard0@tva.gov.

Sincerely,


/s/

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