Public Notice 21-10; LRN-2021-00195

Please address comments to: Katie Alston, 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 Brady Branch Stream Mitigation Bank (BBSMB) pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).

BANK SPONSOR:  MRW Environmental, LLC
                                  Attention:  Mr. Matthew Granstaff
                                  32 North Main Street
                                  Sparta, Tennessee 38583                                        

LOCATION: The 13+/- acre proposed Bank is located in Putnam County, Tennessee (36.12475, -85.25280), and can be referenced on the Monterey, Monterey Lake, and Campbell Junction United States Geological Survey topographic maps. 

PURPOSE:  The BBSMB proposes to provide compensatory stream mitigation for permitted impacts within the primary geographic service area of the Caney River (05130108) and secondary service areas of Lower Cumberland–Old Hickory Lake (05130201) and Stones River (05130203).

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restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site.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: On April 3, 2020, the earthen dam holding Wright’s Lake breached, and on September 4, 2020, the breached area was stabilized per the Corrective Action Plan approved by Tennessee Department of Environment and Conservation. BBSMB proposes to restore approximately 2,300 +/- linear feet of the headwaters of Brady Branch by re-establishing the stream channel currently located in the footprint of Wright’s Lake, and reducing sedimentation, increasing habitat diversity, and improving floodplain connectivity and stream geomorphology within the reach upstream of Wright’s Lake. The project also proposes to enhance the riparian buffer by removing exotic, invasive species and improving vegetation metrics (species diversity and native vegetative cover).  See Table 1 for a listing of the existing and proposed stream lengths, as well as proposed functional lift from the proposed BBSMB.

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. 

*This footage represents the “center line” of the lake area.
** Ratio-Based Credits can only be utilized by an In-Lieu Fee Program to mitigate for any unfulfilled Ratio-Based Credits

HISTORIC AND CULTURAL RESOURCES:  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 will 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 will 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 the vicinity of the proposed project (Table 3):

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 April 9, 2020 (30 days) 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: Ms. Katie Alston at the above address or by email: katherine.c.alston@usace.army.mil.

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                                                                                  Joshua W. Frost
                                                                                  Chief, Technical Services Branch
                                                                                  Regulatory Division