Public Notices

Public Notice 21-11; LRN-2020-00029

U.S. Army Corps of Engineers - Nashville District
Published April 5, 2021
Expiration date: 5/4/2021

Please address comments to: Nashville District Corps of Engineers, Regulatory Division, 3701 Bell Road, Nashville, TN 37214
​(Attn: Samantha Iskrzycki) Office Telephone Number: (615) 369-7514

SUBJECT:  Proposed Residential Development near Anderson Road and Jones Lane in Hendersonville, Sumner County, Tennessee

TO ALL CONCERNED:  The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA). 

APPLICANT:    Dwight O’Neal

                             12221 Liberty Pike

                             Franklin, TN 37067

LOCATION:  Near Anderson Road and Jones Lane in Hendersonville, Sumner County, Tennessee (Latitude 36.35201°, Longitude – 86.58091°)

DESCRIPTION:  The applicant proposes to construct a residential development consisting of 228 single family homes.  The project would provide additional housing to the Hendersonville, TN area.  Discharge of fill material within a total of 0.92 acre of emergent wetlands is associated with the building of lots, roads, a green space boardwalk, and part of the stormwater system.

The proposed project is summarized as follows:

     Resource:

                     Impact and Mitigation Requirement

ID

Impact

           Impact Type

 Proposed Compensatory Mitigation

Feet

Acres

 Wetland 1

 

0.04

Permanent Fill; Residential Lot

 Yes

 

 

0.08

Permanent Fill; Residential Lot

 Yes

 

 

~0.004

Raised Board Walk Beams

 Yes

    Wetland 2

 

0.80

Permanent Fill; Road Crossing, Grading, and Residential Lots

 Yes

        Totals

 

0.92

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plans of the proposed work are attached to this notice.  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.

PURPOSE AND NEED:  The applicant states the purpose of the proposed project is to provide additional housing to the rapidly growing Middle Tennessee Region.  The applicant states that additional housing is needed in the area to combat consistently low inventory levels.

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant’s Alternatives Analysis for the project included review of no action and onsite design alternatives.  The applicant stated that offsite alternatives are continuing to be reviewed.  Upon reviewing the current off-site alternatives are either not available for sale or are under contract with other developers.  Onsite design alternatives considered effects to wetlands (quantity and quality), riparian areas, and streams.  Proposed minimization measures included Stormwater Pollution Prevention Plan and best management practices (BMPs). 

COMPENSATORY MITIGATION:  The applicant proposes to provide compensatory mitigation by purchasing 1.84 credits (2:1 offset ratio) from the Tennessee Mitigation Fund for the permanent fill of 0.92 acre of emergent wetlands.

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:  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.  The Corps, Regulatory Division, will consider any comments received prior to a final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit.  To make this decision, comments are used to assess impacts on endangered species, historical 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:   A review of historic resources within the project area has been conducted by the Corps.  In response to a record search for historical and cultural resources, the Corps has requested a Phase I survey. 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. USACE would evaluate 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 further 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:  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 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 three federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:      

Group Common Name/Scientific Name Status USACE Effects Determination
Mammal Indiana Bat (Myotis sodalis) E No Effect
Mammal Gray Bat (Myotis grisescens) E No Effect
Mammal Northern Long-Eared Bat (Myotis septentrionalis) T No Effect

No threatened or endangered aquatic species were identified in vicinity of the project and the USACE determined there would be no effect to these species.  No trees would be removed within the Corps action area for the proposed project.  No designated critical habitat was identified in vicinity of the project.  No significant adverse effects to fish and wildlife, their habitats and human uses are expected to result from the proposed work.  Per this notification, we request comments from the USFWS concerning potential impacts to threatened and/or endangered 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. 

OTHER APPROVALS :In addition to the DA permit reissuance, other federal, state, and/or local approvals may be required for the proposed work, including but not limited to:

  1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated.           
  2. Other federal, state, and/or local approvals that may be required for the activity.

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 May 04, 2021, will become a part of the record and considered in the determination.  Any response to this notice should reference the Corps Application No. LRN-2020-00029, and be directed to the Regulatory Division, Attn: Samantha Iskrzycki, at the above address, or at Samantha.N.Iskrzycki@usace.army.mil.   

                                                                    /s/

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