Public Notices

Public Notice No. LRN-20-45; File No. LRN-2020-00107

Published July 29, 2020
Expiration date: 8/28/2020

Public Notice No. LRN-20-45           
Nashville District                  
Application No. LRN-2020-00107             
Date: July 28, 2020; Expires: August 28, 2020

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 Dredging, Boat Launch Ramp, Courtesy Dock, and Wetland Fill at Piney River Mile 5.8, Left Bank, Watts Bar Reservoir, Spring City, Rhea 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 and 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(a)(1) of the CWA, that applicable state water quality standards will not be violated by the work.  The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley
Authority Act.  TVA Permit #286231 was issued on March 28, 2019.

APPLICANT(S):  Town of Spring City
                            P.O. Box 369
                            Spring City, TN 37381

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 in Spring City, Piney River Mile 5.8, Left Bank, Rhea County, Tennessee.  The project is located on Watts Bar Reservoir within the Piney River Lower 060102010503 HUC-12 watershed.  The project site can be found on the Spring City, Tennessee 7.5 Minute quadrangle map. See Attachment 1, Site Location Map.

DESCRIPTION:  The proposal includes the dredging of approximately 2 acres (3200 cubic yards) of lakebed at the project location.  The dredged material will then be discharged within the reservoir for the construction of a 90ft by 30ft boat launching ramp that will require a total of 0.5 acres of fill within the reservoir.  The project also includes the discharge of 0.10 acre of fill into two small wetlands for parking lot construction and ramp access.  The construction of a 64ft by 8ft fixed and floating dock is also proposed in association with the launching ramp.  The ramp and shoreline around new development will be stabilized with ArmorMAx vegetative reinforcement fabric which will allow natural vegetation to re-establish along the shoreline.  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.:  According to the applicant, impacts to wetlands were minimized during the design phase, and impact within the reservoir were also reduced by proposing access at summer lake levels.

COMPENSATORY MITIGATION:  The applicant has not proposed compensatory mitigation.

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, conditions 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  previously reviewed 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 TVA, and a review of the United States Fish and Wildlife Service (USFWS) website IPac Information for Planning and Consultation, https://ecos.fws.gov/ipac/ , the following federally-listed species are known to or believed to occur in project area.

Species Nomenclature

Federal Status

Fishes

Laurel dace (Erimonax monachus)

Endangered

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(s), 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 was issued under Permit #286231.
b.  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 28, 2020, will become a part of the record and will be considered in the determination.  Any response to this notice should reference LRN-2020-00107 and be directed to the East Branch, Attention: Cara Beverly, at the above address or email at cara.c.beverly@usace.army.mil

Sincerely,


/s/

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