Public Notices

Public Notice 22-14; LRN-2018-00876

USACE - Nashville District
Published April 13, 2022
Expiration date: 5/13/2022

SUBJECT:  Proposed Industrial Development at 36.15500, -86.39536 in Lebanon, Wilson 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 Harbors Act and Section 404 of the Clean Water Act (CWA).

APPLICANT:  Griffin Partners
                        C/O Edward Griffin
                        675 Bering Drive. Suite 825
                       Houston, TX 77057

LOCATION:  36.15500, -86.39536 in Lebanon, Wilson County, Tennessee  

DESCRIPTION:  The applicant proposes to construct a 254-acre industrial development.  The applicant has proposed to impact 0.702 acre of wetland and 2,294 linear feet of stream.  The proposed permanent impacts to jurisdictional waters associated with the development are summarized below. The applicant has proposed compensatory mitigation for the permanent wetland impacts.

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, Project Planning Branch and 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 and Real Estate Instrument.  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 Phase I cultural resource survey was completed on the site.  The applicant followed the guidance of the Tennessee Division of Archaeology (TDOA), and the Tennessee State Historic Preservation Office (TN SHPO) in accordance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations at 36 CFR § 800 (CFR 2021a, 2021b).  The survey was conducted on the entire 250-acre site.  Personnel from Midsouth Cultural Resource Consultants conducted the Phase I archaeological survey on Jan. 23-25, 2022.  The archaeological survey consisted of a complete pedestrian reconnaissance and subsurface testing.  The applicant determined that no archaeological sites were within the survey area.  There are no properties listed on the National Register of Historic Places within the project permit area. 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 consultation is required, the Corps would 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 six federally-listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location: 

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 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. §401 Water Quality Certification from the Tennessee Department of Environment and Conservation (TDEC)                                                                                                    

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 in this office within 30 days from the date of this notice will become a part of the record and will be considered in the determination.  Any response to this notice should be directed to the Western Regulatory Field Office, Attention:  Sammy Iskrzycki at the above address, telephone (615) 829-3086, or email at Samantha.N.Iskrzycki@usace.army.mil.

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