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Public Notice No. 24-01; LRN-2023-00125

Nashville District
Published Jan. 29, 2024
Expiration date: 2/28/2024

Public Notice No. 24-01

Application No. LRN-2023-00125

Please address comments to:
Nashville District Corps of Engineers, Regulatory Division
(Attn: Sammy Iskrzycki)
3701 Bell Road, Nashville, TN 37214-2660

SUBJECT: Proposed permanent discharge of fill material to facilitate the construction of three warehouses associated with a the DRG Middle Tennessee Industrial Complex in Murfreesboro, Rutherford 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).

APPLICANT:
ARCO/Murray National Nashville, LLC
C/O Brett Garrett
3110 Woodcreek Drive
Downers Grove, IL 60515

LOCATION: Near 315 South Rutherford Boulevard, Murfreesboro, Rutherford County, Tennessee (Latitude: 35.8211 Longitude: -86.3899)

Description: The applicant proposes to construct an industrial complex composed of three warehouses (599,939 square feet) on an 87-acre site. The proposed development has been identified generally as rental warehouse space.  Current proposed impacts include the discharge of fill material into 0.665 acres of wetlands and 852.92 linear feet of streams. See table below.

FEATURE ID IMPACT AMOUNT IMPACT TYPE
STR-1 - Cl 89.46 Culvert
STR-1 - C2 254.5 Culvert
STR-2 104.96 Culvert
STR-3 4 Culvert
WWC-2 400 Grading/ Fill
 
Wetland Area A 0.04117 Grading / Fill
Wetland Area B 0.556 Grading / Fill
Wetland Area B 0.007 Temporary
Wetland Area D 0.0112 Grading / Fill
Wetland Area E 0.05 Grading / Fill

 

Plans of the proposed work are attached to this notice. If you wish to view additional plans, please contact this office or visit our web site at https://www.lrd.usace.army.mil/wetlands-permits.

PURPOSE AND NEED: The purpose has been described by the applicant as light manufacturing, however building tenants and their specific requirements have not been identified. The applicant describes the project need as an increasing demand for warehouse space in Murfreesboro and surrounding Nashville and Davidson County. 

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: The applicant has reviewed alternatives including no action, off-site alternatives, and on-site alternatives. Initial site design proposed to impact 0.90 acre of wetlands and over 600 linear feet of streams.  3 acres of wetlands and 4,005 linear feet of streams have been delineated on the applicants preferred site.

COMPENSATORY MITIGATION: The applicant proposes to purchase stream and wetland credits from the Gleason Creek Stream and Wetland Mitigation Bank and Brady Branch Stream Mitigation Bank.

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: 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. The Corps, Project Planning Branch and Regulatory Division, will consider any comments received prior to a final decision concerning the authorization of the project, i.e. the issuance, modification, or denial of the requested DA permit and Real Estate Instrument. To make this decision, comments are used to assess impacts on endangered species, historical 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: The Corps invites responses to this public notice from American Indian Tribes or tribal governments; Federal, State and local agencies; historical and archaeological societies; and other parties likely to have knowledge of or concerns regarding historic properties and cultural significance at or near the project area. The Corps will conduct separate consultation and coordination efforts with the Tennessee Historic Commission (SHPO), American Indian Tribes and other interested parties in accordance with Section 106 of the National Historic Preservation Act. A Phase I cultural resource survey was submitted to the Corps and is currently being reviewed and will be provided to the SHPO, federally recognized American Indian Tribes and other interested parties for review and comment.

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 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 eleven federally listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:

Group

Common Name/Scientific Name

Status

Mammal

Gray Bat / Myotis grisescens

E

Mammal

Northern Long-Eared Bat/ Myotis septentrionalis

E

Clam

Littlewing Pearlymussel/Pegias fabula

E

Plant

Braun's Rock-cress/Arabis perstellata

E

Plant

Guthrie's (=pyne's) Ground-plum/Astragalus bibullatus

E

Plant

Leafy Prairie-clover/Dalea foliosa

E

 

No designated critical habitat was identified in vicinity of the project. The tricolored bat (Perimyotis subflavus – Proposed Endangered), Whooping Crane (Grus americana – Experimental Population, Non-Essential), and Monarch Butterfly (Danaus plexippus – Candidate) were also listed on the IpaC website.

This public notice serves as coordination with the USFWS pursuant to Section 7 of the ESA 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 comments, USACE will evaluate potential effects on proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.

OTHER APPROVALS:  Before a permit can be issued, a 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. Any 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 by February 28, 2024, will become a part of the record and considered in the determination. Any response to this notice should reference the Corps Application No. LRN-2023-00125, and be directed to the Regulatory Division, Attn: Sammy Iskrzycki, at the above address, or at Samantha.N.Iskrzycki@usace.army.mil.