Public Notices

Public Notice 22-05; LRN-2021-00627

U.S. Army Corps of Engineers - Nashville District
Published March 4, 2022
Expiration date: 4/3/2022

SUBJECT:  Proposed Anchorage for Moored Entertainment Barges at Cumberland River 189.7L, Nashville, Davidson County, Tennessee

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.

APPLICANT:  Neuhoff Holdings, LLC
                        750 Ralph McGill Blvd. NE
                        Atlanta, GA 30312                         

LOCATION:  The proposed project is located at Cumberland River Mile 189.7, Left Descending Bank, in Nashville, Davidson County, Tennessee.  The project is located on Cheatham Reservoir within the Cumberland River – Browns Creek 051302020305 HUC-12 watershed.  Coordinates: Latitude 36.18131, Longitude-86.7826.  The project site can be found on the TN-Nashville West 7.5 Minute quadrangle map.  

DESCRIPTION:  The applicant is requesting to establish a permanent barge fleeting area for three (3) barges along approximately 400 linear feet of river at the subject location.  One barge (35 linear foot wide by 200 linear foot long) would be located between two proposed sheet pile mooring structures and 2 barges moored on riverward side (each measuring 35 linear foot wide by 200 linear foot long).  The inside barge is proposed to be utilized as a walkway and garden/landscaping purposes.  Another barge would serve as a restaurant/bar and the third barge would be utilized as a sundeck with swimming pool.  Thus, the barges would be utilized for public access by the owners and guests of the Neuhoff development located along the top of the riverbank.  The outside of the fleet would extend approximately 86 linear feet riverward from the normal summer pool (NSP) shoreline Elevation 385.0’ for Cheatham Lake.  The barges would be permanently connected by welded pin connection or an equivalent design.  Two (2) sheet pile cells, 30 linear feet diameter, with tri-pods would be constructed within the river as the proposed anchorage method of the barges.  The sheet piles would consist of steel sheets driven into the river bottom with six (6) bedrock anchors and backfilled with rock material and a 3 linear-foot thick concrete cap to reach top of concrete Elevation 390.0’.  Each cell would have a tri-pod steel structure that reaches to top Elevation 440.0’.  The face of the new sheet pile cells would extend 48.5 linear feet from the NSP shoreline.  An articulating walkway for pedestrian access would extend from the shoreline to a new 10’ by 10’ elevator/stair support tower on the fleeted barges.

The applicant states the barges were designed to be permanently moored in position and able to rise and fall with the Cumberland River levels.  They propose an ‘operating window’ when people would be allowed to access the barges for entertainment.  From their research of river level data from 2010 to present day, utilizing the Cumberland River at Shelby St. Bridge Gage, they recommend an operating window from pool elevation (+)385.0’ up to (+)400.0’.  However, the mooring structures are designed for a highwater elevation (+)420.65’ (record flood level in May 2010) to allow the barges to remain in place during flood events.  Cross-section views are provided in the attached plans that identify the varying flood heights.  

To meet the Nashville District’s “cut and fill” policy to offset any floodplain impacts, the project would be required to provide approximately 261.8 cubic yards of storage that would be lost between NSP elevation 385’ and 390’. To compensate for the loss of storage, the applicant is planning to excavate 261.8 cubic yards from the bank between NSP elevation 385’ and 390’.  The excavated material would be hauled offsite and disposed at an a previously disturbed area located along Ashland City highway (location is provided in attached plans).  No dredging of the river bottom is required as the location has sufficient water depth for moored barges.

The site of the proposed entertainment barges is within a previously authorized barge fleeting area (previously Ingram Barge by File No. LRN-0-4885500).  The authorized barge fleeting area was for the typical rock/sand products transported by barge, not for public entertainment uses. 

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

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:    The applicant had stated impacts to the Cumberland River/Cheatham Reservoir were minimized during the design phase as any discharge of fill material and/or other structures (besides the mooring cells) were proposed to be located below the NSP Elevation 385.0’ and minimal impacts are expected with the floating barges.      

COMPENSATORY MITIGATION:  The applicant has not proposed compensatory mitigation.  The aquatic impacts are limited to the construction of the two sheet pile mooring cells and floating barge structures.  

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 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 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:   This Public Notice also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended. 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 areas of cultural significance at or near the project area. Any substantive comments would be considered to determine the potential of impacts of the project to historic properties and would initiate any required consultation with the SHPO and American Indian Tribes in accordance with Section 106 of the NHPA. Based on the preliminary record check performed by the Corps, the project is in close proximity to the Germantown Historic District and several 20th Century Commercial and Industrial Manufacturing buildings. Due to the projects’ location and proposed plans, additional cultural resources assessments may be required

ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act):  Based on review of the United States Fish and Wildlife Service (USFWS) website, http://ecos.fws.gov/ecos/indexPublic.do, and the Natural Heritage Program website, http://environment-online.state.tn.us:8080/pls/enf_reports/f?p=9014:3::::::, the following federally-listed species are known to or believed to occur in project area:

Species Nomenclature

Federal Status

Clams

Cumberlandian Combshell (Epioblasma brevidens)

Endangered

Orangefoot pimpleback (Plethobasus cooperianus)

Endangered

Pink Mucket (Lampsilis abrupta)

Endangered

Ring Pink (Obovaria retusa)

Endangered

Mammals

Indiana bat (Myotis sodalis)

Endangered

Gray bat (Myotis grisescens)

Endangered

Northern Long-Eared Bat (Myotis septentrionalis)

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(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. Metro Nashville:  The project will need to comply with any zoning and/or authorizations required by Metropolitan Nashville.
  2. TN Department of Environment and Conservation (TDEC):  The proposed work, specifically the excavation and structural discharge for the mooring cells, will require an Aquatic Resources Alteration Permit (ARAP) from TDEC. 
  3. USACE Real Estate:  A Consent to Easement is required from USACE Real Estate Office.
  4. Section 408 Permission:  A Section 408 Permission may be required.

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 April 3, 2022, will become a part of the record and will be considered in the determination.  Any response to this notice should reference LRN-2021-00627 and be directed to the Regulatory Branch, Attention: Amy Robinson, at the above address or email at amy.m.robinson@usace.army.mil.

                                                                        /s/

                                                                        Tim Wilder
                                                                        Chief, West Branch
                                                                        Regulatory Division