Public Notices

Regulatory Public Notice 23-42; LRN-2022-00549

USACE - Nashville District, Regulatory Division
Published Dec. 22, 2023
Expiration date: 1/21/2024
SUBJECT: Proposed discharge of fill material into waters of the United States associated with the construction of a public boat launching area and courtesy dock in Guntersville, Marshall County, AL
TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 10 of the Reivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA). Before a permit can be issued, certification must be provided by the State of Alabama, Department of Environmental Management (ADEM), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: Alabama Department of Conservation & Natural Resources
                       Attn: Mr. Keith Henderson
                       64 N. Union St., Suite 551
                       Montgomery, AL 36130
LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE) and 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 location is an existing recreation area managed by the Alabama Department of Conservation & Natural Resources (ADCNR) at Tennessee River Mile 356 LB, Guntersville, Marshall County, Alabama. The project is located within the boundaries of Guntersville Lake within the Browns Creek 060300010904 HUC-12 watershed. The project site can be found on the Guntersville 7.5 Minute quadrangle maps.
EXISTING CONDITIONS: The property is currently a boat launching recreation area managed by ADCNR. The existing facilities are in disrepair and the proposed impacts are for improvements and modernization of existing facilities.
WORK PROPOSED: The proposed impacts include the removal of 3 existing concrete ramps and associated courtesy docks, and discharges associated with a new three lane launching ramp with associated courtesy dock. Existing ramps average a dimension of 20' X 55' (each slab) and the 3 existing stationary wooden docks have an average dimension of 6' X 50' (each pier). The new 3 lane launching ramp would consist of approx. 225 cubic yards of material total for the construction of the 45’ X 160’ launching ramp, the 8’ X 150’ floating aluminum pier with a 5’ X 45’ gangway, and approx. 225 linear feet of riprap stabilization. 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:
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant’s proposed project reduces the current impacts that exist on site. The existing facilities account for approx. 130 linear feet of shoreline at the Browns Creek boat ramp facility with the new design reducing that impact to approx. 55 linear feet. Reduction from three 20’ wide ramps to one single 45’ wide ramp helps achieve this. The new facilities will reduce the footprint of the boat launching area by approx. 2500 square feet.
COMPENSATORY MITIGATION PROPOSAL: Due to the location of the proposed work, existing impacts to be reduced, and no loss of function of the resource, the applicant is proposing that no mitigation be required.
NEPA PROJECT PURPOSE AND NEED: The purpose of this project is to supply an ADA compliant boating access site to the public. The need is to provide a modern and updated public access point for boating recreation on Guntersville Lake.
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 proposed 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. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Environmental Protection Agency (EPA), under authority of Section 404(b)(1) of the CWA (40 CFR Part 230).
SOLICITATION OF COMMENTS: The Corps of Engineers 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 Corps of Engineers 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 (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
HISTORIC AND CULTURAL RESOURCES: TVA has been identified as the lead federal agency for complying with Section 106 of the National Historic Preservation Act (NHPA). The applicant has consulted with Alabama Historical Commission on May 24, 2022 and received concurrence that the activity, as proposed, would have no effect on properties listed or eligible for listing in the National Register of Historic Places (NRHP).
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 AHC and Native American Tribes.
ENDANGERED/THREATENED SPECIES REVIEW (Per Section 7 of the Endangered Species Act): TVA has been identified as the lead federal agency for complying with Section 7 of the Endangered Species Act (ESA). A review information provided by TVA and of the U.S. Fish and Wildlife’s Information for Planning and Conservation (IPaC) website ( on December 21, 2023, indicated the following federally-listed species may occur or could potentially be affected by the activities in this location.
                        • MAMMALS: Gray bat (Myotis grisescens) (E); Indiana bat (Myotis sodalis) (E); Northern Long-Eared Bat (Myotis septentrionalis) (E)
A copy of this notice is being furnished to the USFWS for their review. This public notice serves as coordination with the USFWS pursuant to Section 7 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 any comments, the USACE will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Alabama is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. Other federal, state, and/or local approvals may be required for the proposed work.
PUBLIC HEARING REQUESTS: Any person may request, in writing, within the comment period specified, 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 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: Adam W. McHann at the above address, and/or email at It is not necessary to comment separately to ADEM since copies of all comments will be sent to them and become part of their records on the proposal.
If you received this notice by mail and wish to view all of the attachments, visit our web site at:, or contact Mr. McHann at the above address, telephone 256-350-5620, or email