Public Notice 22-13; LRN-2014-01226

SUBJECT: Four Proposed Barge Fleeting Areas between Cumberland River Mile 121.1 to 123.5, Left Descending Bank, in Clarksville, Montgomery County, Tennessee

TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbor Act of 1899 and for approval of a Consent to Easement on Government flowage easement.

APPLICANT: Hines Furlong Line
                        4017 Hillsboro Pike, Suite 402
                       Nashville, Tennessee 37215

LOCATION:  Four sites from Cumberland River Mile (CRM) 121.1 to 123.5, Left Bank, Barkley Lake, Montgomery County, Tennessee. USGS Quad New Providence, TN; latitude 36.537083, longitude -87.393650; Cumberland River Navigation Charts No. 17 and No 18.

BACKGROUND:  On September 10, 2015, DA permit LRN-2014-01226 was authorized to Hunter Marine for installation of five deadman anchors and associated barge fleeting to facilitate ten (10) barges, configured two wide by five long, along 1,500 linear feet of river frontage, from CRM 123.7 to 124.1, left bank, on Tract 9911-E. This fleeting area is currently being utilized.On December 9, 2016, Public Notice 16-45 was issued for Hunter Marine advertising proposed barge fleeting configured two (2) wide by thirteen (13) long at the proposed location, CRM 124.2 to 124.7, left bank, along 2,535 linear feet of shoreline.  The anchorage method involved ten concrete anchors positioned 300 linear feet apart in upland areas. Due to outstanding cultural/archeological concerns at that time, the permit application was withdrawn and a DA permit was not issued. In 2017, the DA permit LRN-2014-01226 was transferred from Hunter Marine to the current applicant, Hines Furlong Line.

On March 8, 2021, Public Notice 21-06 was issued advertising proposed barge fleeting from CRM 124.2 to 124.7, left bank, (the same area as advertised in Public Notice 16-45).  The proposed area would fleet a total of 26 barges, configured 2-wide (70’) by 13-long and anchored by 16 land-based pipe anchors.  Due to cultural resource concerns, this proposal was withdrawn. 

DESCRIPTION OF REVISED PROPOSAL:  The applicant now proposes to to construct four new barge fleeting areas to be located at: 1) CRM 121.7 to 121.9L, 2) CRM 122.6 to 122.8L, 3) CRM 123.1 to 123.3, and 4) CRM 123.4 to 123.6.  Each of the fleeting areas would accommodate 12 barges, configured 3-wide (105 linear feet) by 4-long (800 linear feet of shoreline); for a total of 48 barges.  The moored barges would extend 130-feet from the normal summer pool (NSP) Elevation 359.0’. The navigation channel extends bank to bank, over 500 feet wide when measured at this section of Barkley Lake.  There are no other fleeting areas across the river (right descending bank) from the proposed sites.  

Each of the proposed fleeting sites would be secured by 3 land-based pipe anchors positioned 250 linear feet apart on private property within an existing agricultural field; for a total of 12 pipe anchors.  Each anchor would consist of a “T” shape, 12-inch diameter schedule 80 pipe driven into the ground, approximately 12 linear feet, and filled with concrete.  A 1-1/8 inch diameter galvanized steel wire cable would extend from the anchors approximately 70 linear feet down the riverbank to secure the fleeted barge. The work does not involve excavation, a discharge of fill material into the river, dredging of the river bottom nor other upland work.   

In addition, the applicant has proposed to install 2 land-based pipe anchors at their existing barge fleeting site located at CRM 123.7.  Currently, the barges are secured by 4 deadmen anchors.  However, the applicant indicated the 2 pipe anchors along with the deadmen anchors would add stability to the fleeting site.  This site has been previously authorized and accommodates 10 barges total with a 2-wide by 5-long configuration.  There would not be an increase in barges to be moored at this site. 

The proposed pipe anchors would be located on private property but chains from the pipe anchors to the fleeted barges would cross USACE flowage easement land. The proposed project requires a Consent to Easement from USACE Real Estate Office.

Plans of the proposed project are provided in this notice.  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.

PURPOSE AND NEED:   To establish safe and secure anchorage for barges waiting to unload sand and rock products, steel, and other bulk commodities utilized in the Nashville area.  The applicant stated the proposal provides a more efficient and economical feasible transportation method compared to trucking the products in a congested, downtown area.  The applicant stated this would allow adequate fleeting for timely deliveries to meet the increasing market demand for their products and preserve jobs.  Additionally, the applicant is requesting the additional barge moorage to accommodate demands during an upcoming temporary closure of Cheatham Lock and Dam in spring 2021.  The proposed project is water dependent. 

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Originally, the applicant proposed barge fleeting along CRM 124.2 to 124.7, left bank, approximately 2,535 linear feet of shoreline, for a total of 26 barges, configured 2-wide by 13-long and anchored by 16 land-based pipe anchors.  Due to cultural resource concerns, this proposal was withdrawn.  The revised proposal would involve fleeting in four areas along 2,400 linear feet of shoreline, for a total of 48 barges, configured 3-wide with a total of 12 pipe anchors.  The applicant stated the aggregate materials and products could be delivered via truck transportation; however, this type of delivery has proven to be costly and inefficient. They stated adequate fleeting in the area allows timely deliveries of material.  The applicant estimates that one barge load of aggregate equates to approximately 60 tractor-trailer loads of material. In turn, a 10-barge tow equates to approximately 600 tractor-trailer loads which would reduce a tremendous amount of heavy truck traffic.  According to the applicant, the location has sufficient water depth (>10' depth) and no dredging would be required.  No discharge of fill material into the river would occur and no other upland disturbances would occur as a result of the project.

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.   

SOLICITATION OF COMMENTS: The Corps is soliciting comments on the proposed revised plans 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.  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 to determine whether to issue, condition, or deny a permit modification for this proposal.  Comments are used in the preparation of a supplemental Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). 

HISTORIC AND CULTURAL RESOURCES:   The proposed project involves the installation of 12 pipe anchors for the new barge fleeting areas and 2 pipe anchors at the applicant’s existing fleeting area. Each pipe anchor would impact a 12-inch diameter area and driven into the ground approximately 12 linear feet deep. No river bottom disturbance or other upland disturbance is required for the moored barges.

This notice serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act 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 National Historic Preservation Act. A Phase I cultural resource survey was submitted to the Corps and is currently being reviewed and will be provided to the SHPO, federally recognized American Indian Tribes and other interested parties for review.

THREATENED and ENDANGERED (T&E) 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 (T&E) 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 four federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location: 

The above listed mammal T&E species were identified and evaluated within the 2017 permit evaluation and the previous public notice, PN 21-06.  As with the adjacent fleeting area, the anchor locations are void of natural vegetation due to routine and current agricultural usage.  The narrow riparian zone between the river and agricultural field is about 15' high, steeply sloped, sparsely vegetated and subject to frequent flooding events.  No trees would be removed and the clay composition river bottom would not be disturbed.  For the adjacent areas, USACE determined that the proposed action “may affect but not adversely affect” federally listed threatened or endangered species, as identified under the Endangered Species Act.  For this proposal, upland disturbance would involve the installation of 12 pipe anchors for the proposed fleeting and 2 pipe anchors at an existing fleeting area.  The applicant stated the proposed work does not require removal of trees.  Also, no discharge of fill material within a waterway nor dredging of the river bottom would occur as a result of the proposed project.

This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA of 1972 (as amended).  Per this notification, we request comments from the USFWS concerning potential impacts to T&E 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, other federal, state, and/or local approvals may be required for the proposed work, including:

1. USACE Real Estate:  A Consent to Easement is required from USACE Real Estate Office.
2. 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 hearing.

COMMENT PERIOD:  Written statements received by May 8, 2022, will become a part of the record and considered in the determination.  Any response to this notice should reference Corps Application No. LRN-2014-01226, PN 22-13, and be directed to the Regulatory Division, Attn: Amy Robinson at email: amy.m.robinson@usace.army.mil.