Public Notices

LRN-2020-00217; Public Notice 21-17

U.S. Army Corps of Engineers - Nashville District
Published June 23, 2021
Expiration date: 7/22/2021

SUBJECT:  Discharge of Fill Material Associated with Construction of a Fuel Service Station near Coopertown, Robertson 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) (33 U.S.C. § 1344). Application (ARAP NRS 21.012) has also been made to the State of Tennessee, Department of Environment and Conservation, Division of Water Resources for a water quality certification pursuant 40 CFR Part 121 of the CWA (33 U.S.C. § 1251).

APPLICANT: Thorntons, LLC
                       2600 James Thornton Way
                       Louisville, KY 40245                       

LOCATION:  Stream and wetlands adjacent to an Unnamed Tributary to Hollis Creek; Hollis Creek watershed (HUC 05132020202); Latitude: 36.403174⁰ Latitude: -87.021324⁰; Interstate Highway 24 and State Route 49 Interchange near Coopertown, Robertson County, TN

DESCRIPTION:  The applicant proposes to develop the site as a Thorntons fueling center on the subject property that will involve the discharge of fill material into 0.66 acres of jurisdictional wetlands and the encapsulation by culvert of 435 linear feet of intermittent stream.

Plans and location maps of the proposed project are provided in 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: To provide a fuel center and convenience store that will serve the residents of the rural area of Pleasant View/Coopertown.

COMPENSATORY MITIGATION:  The applicant has proposed to purchase mitigation credits from a U.S Army Corps of Engineers approved In-Lieu Fee Program (ILF) to offset unavoidable wetland loss and stream credits from an approved Mitigation Bank.

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. 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 proposal, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline 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 United States Army Corps of Engineers (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 the USACE 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, historical properties, water quality, and 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 NEPA.  Comments are also used to determine the need for a public hearing and determine the overall public interest of the proposed activity.  An EA will be prepared by this office prior to a final decision concerning issuance or denial of the requested DA Permit.

HISTORIC AND CULTURAL RESOURCES: Applicant has provided a report of a Phase 1 Cultural Recourse Survey. The survey did not identify any historic properties eligible or potentially eligible for listing on the National Register of Historic Places within the identified project boundary. 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):  The applicant provided an official species list that was obtained from the U.S. Fish and Wildlife Service (USFWS) in a correspondence dated June 16, 2020, that indicated the following Threatened (T) and Endangered (E) species that may occur within or could potentially be affected by activities in Robertson County, TN:

Group

Species

 Status

Mammals

Gray bat (Myotis grisescens)

Endangered

 

Indiana bat (Myotis sodalis)

 

Endangered

 

Northern Long-Eared Bat (Myotis septentrionalis)

Threatened

Freshwater Mussels

Cumberlandian Combshell (Epioblasma brevidens)

Endangered

 

Orangefoot Pimpleback (Plethobasus cooperianus)

Endangered

 

Pink Mucket (Lampsilis abrupta)

Endangered

 

Ring Pink (Obovaria retusa)

Endangered

 

Slabside Pearlymussel (Pleuronaria dolabelloides)

Endangered

 

Tan Riffleshell (Epioblasma florentina walker)

Endangered

 

Rabbitsfoot (Quadrula cylindrica cylindrica)

Endangered

 

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, other federal, state, and/or local approvals may be required for the proposed work, including:

  1. Before a permit can be issued, water quality certification must be provided by the State of Tennessee, pursuant to 40 CFR Part 121 of the CWA (33 U.S.C. § 1251), that applicable water quality standards will not be violated.
  1. Other federal, state, and/or local approvals that may be required for the proposed work.

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 July 22, 2021, will become a part of the record and will be considered in the determination.  Any response to this notice should reference LRN-2020-00217 and be directed to the Regulatory Branch, Attention: Adam McHann, at the above address or email at adam.w.mchann@usace.army.mil

                                                                                                                      /s/

                                                                                                                     Tim Wilder
                                                                                                                     Chief, West Permits Branch
                                                                                                                     U.S. Army Corps of Engineers
                                                                                                                     Nashville District