Public Notices

Public Notice 21-24; LRN-2021-00352

U.S. Army Corps of Engineers - Nashville District
Published July 30, 2021
Expiration date: 8/29/2021

             Please address all comments to:
             Nashville District Corps of Engineers
             West Regulatory Field Office (Attn: David Medina)
             2424 Danville Road SW, Suite-N
             Decatur, AL 35603


T            Tennessee Valley Authority
              Muscle Shoals Regional Office
              Attn: Bradley Hubbard
              P.O. Box 1010
              Muscle Shoals, Alabama 35662




SUBJECT:  Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities from Tennessee River Mile 333.6 to 335.1, Left Bank, Morgan County, Alabama

TO ALL CONCERNED:  The work described below has been submitted for a Department of the Army Permit (DA) pursuant to Section 10 of the Rivers and Harbors. The work also requires

Tennessee Valley Authority (TVA) approval under Section 26a of the Tennessee Valley

Authority Act.

APPLICANT: Morgan County Commission
                       P.O. Box 668
                       Decatur, AL 35602

LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (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 jurisdiction or control. 

LOCATION:  The proposed project is located on Wheeler Lake from Tennessee River Mile 333.6 to 335.1, Left Bank, in Marshall County, Alabama. The project site may be found on the Farley, AL 7.5 Minute USGS Quadrangle Map (Latitude 34.5687°, Longitude -86.5611°

DESCRIPTION:  The proposed work consists of the discharge of 16,987 cubic yards of Class #2 riprap along 7,550 linear feet of the left bank of the Tennessee River from mile 333.6 to 335.1. The project will be completed with the use of Class #2 rock riprap and no bank shaping. If construction occurs during normal pool elevation of 556’ Mean Sea Level (MSL) rock will be placed on the existing bank by crane operating from a floating barge. If performed during winter pool elevation of 552’ MSL, a temporary ramp will be constructed out of riprap at the end of the barge to off-load by track hoe. Once riprap is installed, the temporary ramp will be removed.

If you wish to view additional plans, please contact this office or visit our web site at:

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:    To avoid and minimize impacts to the water, the stream bank stabilization project will be carried out utilizing standard Best Management Practices (BMPs). BMPs will be implemented as necessary to ensure adequate erosion and sediment control. In addition, the project will be carried out in accordance with the conditions as specified in the State’s 401 Water Quality Certification to be issued and also, conditions as specified in the Corps’ and TVA’s required permits.   

COMPENSATORY MITIGATION:  The applicant has not proposed compensatory mitigation. 

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 USACE and TVA are 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 and TVA 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 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.  An Environmental Assessment will be prepared prior to a final decision concerning issuance or denial of the requested DA permit.

HISTORIC AND CULTURAL RESOURCES: As lead federal agency, TVA will also review the proposal for compliance with Section 106 of the NHPA.   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):  Based on information provided by the TVA, and a review of the United States Fish and Wildlife Service (USFWS) website,, and the Natural Heritage Program website,, the following federally-listed species are known to or believed to occur in project area.

Species Nomenclature

Federal Status

Freshwater Mussels

Pink Mucket (Lampsillis abrupta)

Rough Pigtoe (Pleurobema plenum)

Sheepnose Mussel (Plethobasus cyphyus)

Snuffbox Mussel (Epioblasma triquetra)

Spectaclecase (Cumberlandia monodonta)



Alabama Cave Shrimp (Palaemonias alabamae)



Indiana bat (Myotis sodalis)


Gray bat (Myotis grisescens)


Northern Long-Eared Bat (Myotis septentrionalis)


Flowering Plants


Prices Potato-bean (Apios priceana)



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:

a.   TVA approval is required under Section 26a of the TVA Act for the proposed work and will 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 on or before August 23, 2021, will become a part of the record and will be considered in the determination.  Any response to this notice should reference LRN-2019-00352 and be directed to the Regulatory Branch, Attention: David Medina, at the above address or email at and Bradley Hubbard, at the address above or email                                                                                                                                                                       



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