Public Notice: Proposed Discharge of Fill Material Along Harpeth River Bank


Photo Courtesy of the Harpeth Conservancy


SUBJECT: Proposed Discharge of Fill Material into Waters of the U.S. for Bank Stabilization activities on Harpeth River, A Tributary of the Cumberland River, Cheatham 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 Act and Section 404 of the Clean Water Act.


APPLICANT: Jim Delanis Nashville, TN 37212


LEAD FEDERAL AGENCY: The Natural Resources Conservation Service (NRCS) is 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 the proposed work.


LOCATION: The proposed project is located south of Cheatham Lake on the left bank of the Harpeth River, A Tributary of the Cumberland River Left Bank, in Cheatham County, Tennessee. The project site may be found on the Harpeth Valley, TN 7.5 Minute USGS Quadrangle Map (Latitude 36.164238°, Longitude -87.133927°)


DESCRIPTION: The proposed work consists of the discharge of 2,076 cubic yards of Class #2 riprap along 1,730 linear feet of the left bank of the Harpeth River. The project will be include the initial grading of the bank at a 2:1 slope, placing erosion blankets down to the water line and revegetating the slope with native grasses and shrubs (riparian buffer) as per the Natural Resource Conservation Service (NRCS) conservation practices.


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.: To avoid and minimize impacts to the water, the stream bank stabilization project will be carried out utilizing standard Best Management Practices (BMPs). BMPs will be implemented as necessary to ensure adequate erosion and sediment control. In addition, the project will be carried out in accordance with the conditions as specified in the State’s 401 Water Quality and conditions as specified in the Corps’ required permits.


COMPENSATORY MITIGATION: The applicant has not proposed compensatory mitigation.


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 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: As federal lead agency, NRCS has reviewed the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the SHPO.

During NRCS’s review of the project site, their archaeologist concluded that there is no potential to effect historic properties.


ENDANGERED/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): Based on a 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.


A copy of the notice is being furnished to the United States Fish and Wildlife Service (USFWS). 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. NRCS has reviewed the project site and determined that the project would have no effect on federally threatened or endangered species nor their habitat. Tennessee Wildlife Resources Agency (TWRA) has reviewed the project and requested that in-stream work be prohibited between April 1st – July 31st and take place during times of low flow to avoid adverse effects to the following State listed species: Smallscale Darter (Etheostoma microlepidum), Splendid Darter (Etheostoma barrenense), and Tippecanoe Darter (Etheostoma tippecanoe).


OTHER APPROVALS: In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work.


The Tennessee Department of Environment and Conservation (TDEC), Division of Water Resources issued an ARAP permit / 401 Water Quality Certification on April 27, 2021 for the project (TDEC Permit Number: NRS21.067)


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 September 7, 2021, will become a part of the record and will be considered in the determination. Any response to this notice should reference LRN-2019-00352 and be directed to the Regulatory Branch, Attention: David Medina, at the above address or email at david.j.medina@usace.army.mil.