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Public Notice No. 24-02; LRN-2021-00267

Nashville District
Published Feb. 1, 2024
Expiration date: 3/5/2024

Public Notice No. 24-02

File No. LRN-2021-00267

Please address comments to:
Nashville District Corps of Engineers, Regulatory Division
3701 Bell Road
Nashville, TN 37214 (Attn: Ben MacIntyre)

SUBJECT: Proposed discharge of fill material to facilitate the construction of a mixed use residential and commercial development in Lebanon, Wilson 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:
Trigate-Suncrest Blue Hickory, LLC
2701 East Camelback Road, #180
Phoenix, Arizona 85016

LOCATION: Hartman Drive near Hickory Ridge Road, Lebanon, Wilson County, Tennessee (Latitude 36.205549°, Longitude -86.3293°)

DESCRIPTION: The applicant proposes to permanently fill an emergent wetland to construct single family homes, townhome units, internal roads, and parking areas. Project plans also include 116 linear feet (~0.011 acre) of permanent impacts associated with two roadway concrete pipe culvert stream crossings. The proposed impacts associated with the project are summarized as follows:

Resource: Impact and Mitigation Requirement
ID Impact Amount Impact Type Mitigation Proposed
Feet Acres
Wetland 2   2.03 Permanent Fill; Building Pads Yes
PER_1 86   Permanent Fill; Culvert No
PER_2 30   Permanent Fill; Culvert No
Totals 116 2.03

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

PURPOSE AND NEED: The applicant’s summarized project purpose is to construct an economically viable mixed-use development with associated infrastructure in Lebanon, TN, with pedestrian connectivity for residents along South Hartman Drive and Hickory Ridge Road.


AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.: Based on information submitted in the application, the applicant performed an offsite and on-site Alternatives Analysis for the project and defined their Site Selection Criteria.

The applicant defined their site selection criteria as:

  • Property that passes the initial environmental due diligence for WOTUS feature avoidance
  • Property that contains minimal potential for habitat of T&E species
  • Property area between 45 and 65 acres to accommodate the current design plan and provide for economically viable development mix
  • Property is within existing incorporated city boundary
  • Property is within 3 miles of city center to attract target market and maintain continuity with existing commerce
  • Property is within 2 miles of interstate access to accommodate residents who may commute for work and to accommodate customers of commercial buildings within the development
  • Property zoned for associated residential and commercial structures
  • Property that provides for a minimum of two separate access points to traffic and utility corridors
  • Property that provides ability to be “walkable” for shopping, school, and/or professional services
  • Property adjacent to existing infrastructure (sanitary sewer, communications, and gas/power
  • Property has direct access major transportation artery supporting growing community

Two off-site alternatives were identified and eliminated from consideration by the applicant by screening through the applicant’s Site Selection Criteria (see table below). Off-site Alternative 1 is approximately 100 acres and located at 2770 Tuckers Gap Road in Lebanon, TN. Off-site Alternative 2 is approximately 113.54 acres and located on Hickory Ridge Road at approximately Latitude 36.1970, Longitude -86.3660.

Site Screening Selection Criteria No Build Alt 1 Alt 2 Alt 3 (Preferred Site)
WOTUS Due Diligence No No No Yes
Minimal T&E Habitat No No No Yes
Property Acreage No No No Yes
Within existing incorporated city boundary No Yes No Yes
Within 3 miles of city center No No No Yes
Within 2 miles of interstate access No No No Yes
Property Ability to be dually zoned No Yes Yes Yes
Bi-modal Access to transportation corridors No Yes No Yes
Walkability for shopping, school, services No No No Yes
Adjacent to existing Infrastructure No Yes Yes Yes
Direct access to major transportaion artery supporting growing community No Yes No Yes
Practicable Site No No No Yes

 

The applicant described their preferred on-site alternative, a No Build alternative, and three on-site alternatives. The applicant did not provide a No Action, or No Permit Required alternative. One on-site alternative proposes impacting all on-site wetlands and approximately 1,704 linear feet of stream. The two other on-site alternatives do not quantify the amount of stream and wetland impacts.

COMPENSATORY MITIGATION: The applicant proposes to purchase wetland mitigation bank credits (2:1 offset ratio) from the Christmas Creek Mitigation Bank. The applicant has not proposed to purchase stream mitigation credits.

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: Based on a desktop review conducted by the applicant, the applicant believes that a Phase I survey is unnecessary and that no adverse effect is anticipated from the planned site activities. 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 cultural significance at or near the project area. USACE would evaluate any substantive comments from this public notice to determine the potential of impacts to historic and cultural resources for Section 106 compliance. If the Corps determines that consultation is required, the Corps would consult with the Tennessee Historic Commission (SHPO) and American Indian Tribes in accordance with Section 106 of the National Historic Preservation Act, as appropriate.

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 five 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
Plants Braun’s Rock-cress / Arabis Perstellata E
Plants Spring Creek Bladderpod / Lesquerella perforata E
Plants Leafy Prairie-clover / Dalea foliosa E
Mammal Indiana Bat / Myotis sodalis E
Mammal Gray Bat / Myotis grisescens E
Mammal Northern Long-Eared Bat / Myotis septentrionalis T
Clam Cumberlandian Combshell / Epioblasma brevidens E
Clam Dromedary Pearlymussel / Dromus dromas E
Clam Fanshell / Cyprogenia stegaria E
Clam Longsolid / Fusconaia subrotunda T
Clam Orangefoot Pimpleback (pearlymussel) / Plethobasus cooperianus E
Clam Pink Mucket (pearlymussel) / Lampsilis abrupta E
Clam Ping Pink (mussel) / Obovaria retusa E
Clam Rough Pigtoe / Pleurobema plenum E
Clam Tubercled Blossom (pearlymussel) / Epioblasma torulosa torulosa E

 

No designated critical habitat was identified in vicinity of the project. 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 25, 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-2021-00267, and be directed to the Regulatory Division, Attn: Ben MacIntyre, at the above address, or at Benjamin.W.MacIntyre@usace.army.mil.