Public Notices

Public Notice 21-13; LRN-2005-00237

U.S. Army Corps of Engineers - Nashville District
Published March 25, 2021
Expiration date: 4/24/2021

                Please address all comments to:
                Nashville District Corps of Engineers, Western Regulatory Field Office
                2424 Danville Road SW, Suite N, Decatur, AL 35603
                Attn: Mr. William E. Sinclair

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

SUBJECT:  Proposed floating docks with boat slips and discharge of riprap into waters of the U.S. associated with construction of a commercial marina known as Nickajack Shores & Resort, formerly known as Rarity Cove, at Nickajack Lake, Marion County, Tennessee

TO ALL CONCERNED:  The application described below has been submitted for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States.  The work also requires Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley Authority Act.

APPLICANT:  Nickajack Shores & Resort
                       Post Office Box 520
                       Livingston, Tennessee 38570

LEAD FEDERAL AGENCY:  The USACE and Tennessee Valley Authority (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 custody or control.

LOCATION:  The proposed project is located on Nickajack Lake at Tennessee River Mile 426.9, Right Bank, in Marion County, Tennessee.  The project site may be found on the Sequatchie, TN 7.5 Minute USGS Quadrangle Map (Latitude 35.01619°; Longitude -85.58864°).

PROJECT HISTORY: On May 19, 2010, The Corps of Engineers issued a DA permit for the construction of a floating covered commercial marina to accommodate 336 vessels at the same location as the currently proposed project.  The authorized structures were never constructed and the DA permit has since expired.

DESCRIPTION:  The applicant proposes to construct a commercial marina consisting of thirteen connected floating covered docks with 344 boat slips, and the discharge of riprap along 35 linear feet of shoreline at an embayment of the Tennessee River (Nickajack Lake).  The main walkways leading to and connecting the docks would be 10’ wide, and all dock walkways would be 6’ wide with 3’ fingers between slips.  Boat slip sizes include 99 @ 11’x 24’, 11 @ 11’x 26’, 159 @ 12’x 30’, 30 @ 16’x 40’, and 45 @ 16’x 50’.

Plans of the proposed work are attached to this notice.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:  Fill activities within waters of the U.S. were limited to the placement of 35 linear feet of riprap to stabilize the shoreline underneath the walkway leading to the docks. 

COMPENSATORY MITIGATION:  The applicant does not propose any compensatory mitigation for impacts to waters of the U.S.

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 Corps of Engineers 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 the Corps of Engineers 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 (EA) 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.

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

ENDANGERED AND THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act):  A review of U.S. Fish and Wildlife’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) on March 23, 2021 indicated the following Threatened (T) and Endangered (E) species that may occur or could potentially be affected by the activities in this location: 

Group Common/Scientific Name Federal Status
Mammals Gray bat (Myotis grisescens) Endangered
Mammals Indiana bat (Myotis sodalis) Endangered
Mammals Northern Long-Eared Bat (Myotis septentrionalis) Threatened
Fishes Snail Darter (Percina tanasi) Threatened
Freshwater Mussels Cumberland Monkeyface (Quadrula intermedia) Endangered
Freshwater Mussels Dromedary Pearlymussel (Dromus dromas) Endangered
Freshwater Mussels Orangefoot Pimpleback (Plethobasus cooperianus) Endangered
Freshwater Mussels Pink Mucket (Lampsilis abrupta) Endangered
Freshwater Mussels Rough Pigtoe (Pleurobema plenum) Endangered
Freshwater Mussels Tubercled Blossom (Epioblasma torulosa torulosa) Endangered
Freshwater Snails Anthony's River Snail ((Athearnia anthonyi) Endangered
Flowering Plants Large-flowered Skullcap (Scutellaria montana) Threatened
Flowering Plants Prices Potato-bean (Apios priceana) Threatened
Flowering Plants White Fringeless Orchid (Platanthera integrilabia) Threatened
Ferns and Allies American Hart’s-tongue Fern (Asplenium scolopendrium var. americanum) 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 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 is as follows:

Water Quality Certification from the Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project. 

TVA approval is required under Section 26a of the TVA Act for all work that may occur on property that is under TVA control or custody and would 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 within 30 days from the date of this notice will become a part of the record and will be considered in the determination.  Any response to this notice should be directed to the Western Regulatory Field Office, Attention:  William E. Sinclair at the above address, telephone (256) 350-5620, (256) 316-7188, or email at william.e.sinclair@usace.army.mil and Heather Hamilton Sellers, at Tennessee Valley Authority, hmhamilt@tva.gov.

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, or contact Mr. Sinclair at the above address or telephone number, or email.

/s/

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