SUBJECT: Proposed discharge of fill material into waters of the United States associated with the construction of a residential development and associated infrastructure in Manchester, Coffee 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).
APPLICANT: Manchester Point Townhomes LLC
C/o Jason Yarusi
3911 Middle Tennessee Blvd
Murfreesboro, TN 37130
LOCATION: Wetlands adjacent Hickory Flat Creek at the terminus of Truckers Lane in Manchester, Coffee County, TN (Latitude 35.4603, Longitude -86.0455)
EXISTING CONDITIONS: The property is a forested tract with 10.24 wetland acres along the western and southern borders of the property. The surrounding land use is mixed rural residential and commercial properties.
DESCRIPTION OF PROPOSED WORK: The proposed project involves the permanent discharge of fill material into 5.48 wetland acres for the construction of a multi-family residential development consisting of 192 townhomes, an amenity center, and associated parking. Plans and location maps of the proposed project are provided in this notice. If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.
PURPOSE AND NEED: The applicant states the purpose of the proposed project is to provide residential homes along the 1-24 corridor in Manchester, Coffee County, Tennessee
AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information provided in the project application the applicant proposed to avoid impacts to an addition 4.99 acres of jurisdictional wetland.
COMPENSATORY MITIGATION PROPOSAL: The applicant has proposed to offset the proposed permanent impacts to 5.48 acres of wetland through the off-site establishment of 9.96 acres of wetland.
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. 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: 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: 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. A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following federally listed species that 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); Tricolored Bat (Perimyotis subflavus) (Proposed)
• Birds: Whooping Crane (Grus americana) (EXP POP)
• Clams: Salamander Mussel (Simpsonaias ambigua) (Proposed); Slabside Pearlymussel (Pleuronaia dolabelloides) (E)
• Insects: Monarch Butterfly (Danaus plexippus) (Candidate)
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.
OTHER APPROVALS: Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. 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 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: Adam McHann at the above address, and/or email at adam.w.mchann@usace.army.mil.
If you received this notice by mail and wish to view all of the attachments, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx, or contact Mr. Adam McHann at the above address or telephone 256-350-5620 or email adam.w.mchann@usace.army.mil.
/s/
Timothy C. Wilder
Chief, West Branch
Regulatory Division
U.S. Army Corps of Engineers