SUBJECT: Proposed Residential Development in Baxter, Putnam 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 21.259) 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: ERB Properties, LLC.
c/o Harold Brown
490 The Lane Road
Cookeville, TN 38506
LOCATION: Streams and wetlands adjacent to Unnamed Tributary to Mine Lick Creek; HUC 051301080901 – Upper Cumberland Watershed; Latitude N. 36.162214 °, Longitude W. -85.636110 °; West of Main Street (State Road 141) Road in Baxter, Putnam County, Tennessee.
DESCRIPTION OF PROPOSED WORK: The applicant proposes to develop a single-family home residential development on the subject property that will involve permanent deposition of fill material into 1.94 acres of jurisdictional wetlands and the installation of a sewer system that will temporarily impact approximately 50 linear feet of stream and 0.35 acres of wetlands.
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 additional residential housing to the area. The residential development will provide approximately 137 additional single-family housing units to the Baxter area which is experiencing a population increase and a decrease in available single-family homes for purchase.
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. The Corps has not completed an evaluation of the applicant’s avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has proposed to purchase mitigation credits from the Tennessee Mitigation Fund Upper Cumberland River Service Area In Lieu Fee Program to offset unavoidable impacts by purchasing credits.
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: A review of the National Register website https://www.nps.gov/subjects/nationalregister/index.htm indicates there are no federally listed historic properties within one mile of the National Historic Preservation Act (NHPA) Section 106 Permit Area. This public 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 Native American 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 sites of religious and cultural significance at or near the project area. Copies of this public notice are being provided to the State Historic Preservation Office (SHPO) and Native American Tribes. The Corps will consult with the SHPO, Native American Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
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 (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. Initial coordination with the USFWS indicates no presence of federally listed endangered or threatened species in the vicinity of the action area. A copy of this notice is being furnished to the USFWS for their review. We are requesting comments from the USFWS concerning potential impacts to threatened and/or endangered species pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. If required, the Corps will initiate ESA consultation with the USFWS by separate letter.
OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:
- 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.
- 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 hearing.
COMMENT PERIOD: Written statements received by July 1, 2021, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2021-00657, and be directed to the Regulatory Division, Attention: Aurora Scott, at the above address or at Aurora.C.Scott@usace.army.mil.
/s/
Casey Ehorn
Chief, East Branch
Regulatory Division