Public Notice 21-06; LRN-2014-01226

Please address all comments to: Nashville District Corps of Engineers, Regulatory Division (Attn: Amy Robinson), 3701 Bell Road, Nashville, TN 37214

SUBJECT: Proposed Barge Fleeting Area Expansion/Permit Modification at Cumberland River Mile 124.2 to 124.7, Left Descending Bank, in Clarksville, Montgomery County, Tennessee

TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbor Act of 1899 and for approval of a Consent to Easement on Government flowage easement.  

APPLICANT:    Hines Furlong Line
                         4017 Hillsboro Pike, Suite 402
                         Nashville, Tennessee 37215         

LOCATION:  Cumberland River Mile (CRM) 124.2 to 124.7, Left Bank, Tract 9911-E and 10700-E, Barkley Lake, Montgomery County, Tennessee. USGS Quad New Providence, TN; latitude 36.537083, longitude -87.393650; Cumberland River Navigation Chart No. 18.

BACKGROUND:  On September 10, 2015, DA permit LRN-2014-01226 was authorized to Hunter Marine for installation of five deadman anchors and associated barge fleeting to facilitate ten (10) barges, configured two wide by five long, along 1,500 linear feet of river frontage, from CRM 123.7 to 124.1, left bank, on Tract 9911-E. This fleeting area is currently being utilized.

On December 9, 2016, Public Notice 16-45 was issued for Hunter Marine advertising proposed barge fleeting configured two (2) wide by thirteen (13) long at the proposed location, CRM 124.2 to 124.7, left bank, along 2,535 linear feet of shoreline. The anchorage method involved ten concrete anchors positioned 300 linear feet apart in upland areas. Due to outstanding cultural/archeological concerns at that time, the permit application was withdrawn and a DA permit was not issued. In 2017, the DA permit LRN-2014-01226 was transferred from Hunter Marine to the current applicant, Hines Furlong Line.

DESCRIPTION OF PROPOSAL: The proposed project basically involves the 2016 proposed barge fleeting from CRM 124.2 to 124.7, left bank, except for a revision of the proposed anchorage method.  At this time, the permittee is requesting a DA permit modification to extend the fleeting area approximately 3,000 linear feet upstream of the previously authorized fleeting area that is currently being utilized. The extended fleeting area would accommodate an additional twenty-six (26) barges, configured two (2) wide (70’) by thirteen (13) long (approximately 2,535 linear feet of shoreline). The moored barges would extend 100-feet from the normal summer pool (NSP) Elevation 359.0’. The navigation channel extends bank to bank, over 500 feet wide when measured at Barkley Lake.  Other fleeting areas exist on the right bank.

The barges would be secured by sixteen (16) land-based pipe anchors positioned 200 linear feet apart on private property within an existing agricultural field.  Each anchor would consist of a “T” shape, 12-inch diameter schedule 80 pipe driven into the ground, approximately 12 linear feet, and filled with concrete.  A 1-1/8 inch diameter galvanized steel wire cable would extend from the anchors approximately 70 linear feet down the riverbank to secure the fleeted barge. The work does not involve excavation, a discharge of fill material into the river, dredging of the river bottom nor other upland work. The proposed anchors would be located on private property but chains from the pipe anchor to the fleeted barges would cross USACE flowage easement land. The proposed project requires a Consent to Easement from USACE Real Estate Office.

Plans of the proposed project are provided in this notice.  If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.

PURPOSE AND NEED: To establish safe and secure anchorage for barges waiting to unload sand and rock products, steel, and other bulk commodities utilized in the Nashville area. The applicant stated the proposal provides a more efficient and economical feasible transportation method compared to trucking the products in a congested, downtown area. The applicant stated this would allow adequate fleeting for timely deliveries to meet the ever increasing market demand for their products and preserve jobs. Additionally, the applicant is requesting the additional barge moorage to accommodate demands during an upcoming temporary closure of Cheatham Lock and Dam in spring 2021. The proposed project is water dependent. 

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant stated the aggregate materials and products could be delivered  exclusively via truck transportation; however, this type of delivery has proven to be costly and inefficient. They stated adequate fleeting in the area allows timely deliveries of material.  The applicant estimates that one barge load of aggregate equates to approximately 60 tractor-trailer loads of material. In turn, a 10-barge tow equates to approximately 600 tractor-trailer loads which would reduce a tremendous amount of heavy truck traffic. The applicant stated the fleeting location lies in strategic proximity to marine terminal facilities they serve while avoiding other land owned/operated by Metro Nashville, other existing marine terminal facilities and/or fleeting areas, and positioned on the inside of a river bend to minimize navigation issues.  According to the applicant, the location has sufficient water depth (>10' depth) and is positioned on a straight section of the river.  No discharge of fill material into the river would occur, dredging would not be required, and no other upland disturbances would occur as a result of the project. Additionally, the previous evaluation of the project in 2016 did not yield any concerns except for completing cultural/ archeological requirements.

PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS:  The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest.   

SOLICITATION OF COMMENTS: The Corps is soliciting comments on the proposed revised plans 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.  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, condition, or deny a permit modification for this proposal.  Comments are used in the preparation of a supplemental Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). 

HISTORIC AND CULTURAL RESOURCES:   The permit evaluation in 2017 involved deadmen anchors impacting an area 10 linear feet wide by 10 linear feet long by 12 linear feet deep. A Phase 1 cultural/archaeological survey was conducted of the project site and found one site eligible for listing in National Register of Historic Places (NRHP).  In February 2017, the State Historic Preservation Office (SHPO) requested project modifications to avoid the site and recommended construction of the deadmen anchors be monitored by a professional archaeologist.  The applicant revised the location of the deadmen anchors to avoid the historic site. In March 2017, SHPO responded the modification would not affect the site and determined the work would not adversely affect the historic property. However, the deadmen anchors were never installed. The proposed project involves the installation of 16 pipe anchors upland within an existing agricultural field. Each pipe anchor would impact a 12-inch diameter area and driven into the ground approximately 12 linear feet deep. The proposed fleeting is to be placed immediately adjacent and upstream to an area utilized for barge fleeting.  No river bottom disturbance is required for the moored barges.  No other upland work would be performed associated with the barge fleeting site. 

This notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. 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 areas of cultural significance at or near the project area. Any substantive comments would be considered to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act. Based on the preliminary record check performed by the Corps, a previously recorded eligible archaeological site has been identified.

THREATENED and ENDANGERED (T&E) SPECIES REVIEW:  The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed under the ESA as threatened or endangered (T&E) or any designated critical habitat.  A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following four federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:

The above listed mammal T&E species were identified and evaluated within the 2017 permit evaluation and the previous public notice, PN 16-45.  As with the adjacent fleeting area, the anchor locations are void of natural vegetation due to routine and current agricultural usage.  The narrow riparian zone between the river and agricultural field is about 15' high, steeply sloped, sparsely vegetated and subject to frequent flooding events.  No trees would be removed and the clay composition river bottom would not be disturbed.  For the adjacent area, USACE determined that the proposed action “may affect but not adversely affect” federally listed threatened or endangered species, as identified under the Endangered Species Act.  For this proposal, upland disturbance would involve the installation of 16 pipe anchors within an agricultural field.  The applicant stated the proposed work does not require removal of trees.  Also, no discharge of fill material within a waterway nor dredging of the river bottom would occur as a result of the proposed project.

This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended).  Per this notification, we request comments from the USFWS concerning potential impacts to T&E species.  After receipt of comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required. 

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 hearing.

COMMENT PERIOD:  Written statements received by April 7, 2021, will become a part of the record and considered in the determination.  Any response to this notice should reference Corps Application No. LRN-2014-01226, and be directed to the Regulatory Division, Attn: Amy Robinson at email: amy.m.robinson@usace.army.mil.

                                                                                /s/                                                                                        

Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers