SUBJECT: This notice announces a prospectus has been submitted for the development of the Three Paces Mitigation Bank pursuant to 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (Federal Register: April 10, 2008, effective June 9, 2008).
BANK SPONSOR: Water & Land Solutions, LLC
c/o Cara Conder
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27615
LOCATION: The Three Paces Mitigation Bank (TPMB) project site involves a +/-88.87 acre parcel near 359 Piney Road in Spencer, Van Buren County, Tennessee (Latitude 35.629079; Longitude -85.469641). The proposed bank boundary is located within the Spencer, Tennessee USGS Topographic Quadrangle. The project lies within the Caney River Watershed (HUC 05130108) and Level III ecoregion 68 – Southwestern Appalachians.
PURPOSE: The TPMB is proposed to provide compensatory stream mitigation for permitted impacts within the primary service area of the Caney Fork River Watershed (HUC 05130108). The Bank’s proposed secondary service area includes the Obey River Watershed (HUC 05130105) and the Collins River Watershed (HUC 05130107) that is within the Level III Ecoregion 68.
GENERAL INFORMATION: Mitigation banks are defined as a site, or suite of sites, where aquatic resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army (DA) permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established, enhanced or preserved wetlands or streams are expressed as “credits” which may subsequently be withdrawn to offset “debits” incurred at a permitted project site. In this way, a permit requirement to provide compensatory mitigation can be transferred to the mitigation bank sponsor. The operation and use of mitigation banks are governed by an approved mitigation banking instrument (MBI). The MBI is the legal document for the establishment, operation and the use of a mitigation bank. This bank is intended to be a private commercial bank. The sponsor would be responsible for the successful development of the mitigation bank including monitoring and reporting requirements.
A group of federal and state regulatory and resource agency representatives known as the Interagency Review Team (IRT) oversee the establishment and management of the bank. The IRT is chaired by the U.S. Army Corps of Engineers (Corps). The primary role of the IRT is to facilitate the establishment of the mitigation bank through the development of a MBI. The IRT will review the prospectus, instrument, and other appropriate documents and provide comments to the USACE.
The approval for the use of the bank for specific projects is the decision of the USACE pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act and/or the Tennessee Department of Environmental Conservation (TDEC) pursuant to Section 401 of the CWA and/or applicable state of Tennessee statute(s) and regulation(s). The USACE and TDEC provide no guarantee that any particular individual or general permit would be authorized in order to use the bank for compensation. The following is a summary of the prospectus for this project.
PROJECT DESCRIPTION: The Bank site currently consists of approximately 5,405 linear feet of unnamed tributaries to and including Dry Fork. Of the 5,405 linear feet of stream channel, 4,750 linear feet is classified as perennial, and 655 linear feet is classified as intermittent. The main stressors within the watershed are abandoned mines, lack of riparian vegetation, nonpoint source pollution from livestock and farming, and poor land-use management. Current stream reaches are highly incised and entrenched caused by downcutting and limited access to the floodplain. Many of the banks are unstable and eroding causing excess sedimentation in the channel and have significant headcuts and debris jams.
The project will involve the potential stream restoration of nine stream reaches totaling approximately 6,329 linear feet of streams. This project will utilize a Rosgen Priority Level I and Level II restoration approach. Floodplain connectivity, lateral migration, bed form diversity, and riparian vegetation are the primary drivers of the proposed restoration approach. Many of the project stream reaches are unstable and/or degraded, with documented lateral migration, channel widening, and downcutting. The proposed mitigation approaches are anticipated to improve stream functions across all project reaches. The TPMB is anticipated to provide up to 1,826.2 stream mitigation credits with up to a 10% wetland adjustment credit as summarized in Table 1 for the proposed mitigation bank.
Table 1. Proposed Stream Mitigation Credits (SMC)
The plan can be viewed at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx. Information in the prospectus would serve as the basis for establishing the stream mitigation banking instrument (MBI). The MBI would describe in detail the physical and legal characteristics of the bank and how the bank would be established and operated.
HISTORIC AND CULTURAL RESOURCES: A search of the National Register returned no findings of historic properties currently listed on the National Register of Historic Places within the project area. A Phase I cultural/archaeological survey has not been conducted for the site. At this early stage in the regulatory process, no project design plans have been submitted; therefore, USACE cannot complete an effects determination for historic and cultural resources. 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 sites of religious and cultural significance at or near the project area. After receipt of comments from this public notice, the Corps will evaluate potential impacts and consult with the State Historic Preservation Office (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate. Copies of this public notice are being provided to the SHPO and American Indian Tribes. 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 will continue to consult with the SHPO, American Indian Tribes, and other consulting parties in accordance with Section 106 of the National Historic Preservation Act.
ENDANGERED/THREATENED SPECIES REVIEW: A review of federally-listed species that are known to or believed to occur in Van Buren County, Tennessee identified the following list:
A copy of this notice is being furnished to U.S. Fish & Wildlife Service (USFWS) for their review. After receipt of any comments, the Corps will evaluate the potential effects to proposed and/or listed species and their designated critical habitat, and initiate consultation with the USFWS, if required.
OTHER APPROVALS: Water Quality Certification from Tennessee Department of Environment and Conservation (TDEC) pursuant to Section 401 (a)(1) of the CWA is required for the proposed project. Other federal, state, and/or local approvals may be required for the proposed work.
EVALUATION: After the end of the comment period, the district engineer will review all comments received and make an initial determination as to the potential of the proposed project to provide compensatory mitigation for activities authorized by DA permits. That determination will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. Factors relevant to the proposal will be considered including conservation, economics, esthetics, general environmental concerns, wetlands, historical 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 Corps is soliciting comments from the public; Federal, State, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the proposed activity. All comments received will be considered by the Corps during the formulation of the initial determination of potential for the proposed activity.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the 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 Nashville District Corps of Engineers, Regulatory Division, Attention: Michael P. Uitvlugt at the above address or email: michael.p.uitvlugt@usace.army.mil, or phone at: (505) 985-2497 .
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William E. Worrall
Chief, Technical Services Branch
U.S. Army Corps of Engineers