SUBJECT: Proposed permanent discharge of fill material into waters of the United States to facilitate the construction of Phase II of the Cherry Lane road improvements project 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). Before a permit can be issued, certification must be provided by the State of Tennessee, Department of Environment and Conservation (TDEC), pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards would not be violated.
APPLICANT: City of Murfreesboro Attn: Mr. Chris Griffith 111 West Vine Street Murfreesboro, TN 37130
LOCATION: The 1.8-mile roadway project begins near the intersection of Alford Road and Sulphur Springs Road at Latitude 35.9203°N, Longitude -86.4218°W where it will traverse generally in a northeast direction to connect with the previously constructed Phase I Cherry Lane improvement project just west of Cavalier Drive at Latitude 35.9259°N, Longitude -86.3909°W. The project is located in Murfreesboro, Rutherford County, Tennessee, on the Walter Hill, TN USGS Quad Map within the Stones River watershed (HUC-8: 05130203).
EXISTING CONDITIONS: The project path is a mixture of existing roadway, residential lots, undeveloped hay fields, and wooded areas.
WORK PROPOSED: The City of Murfreesboro is proposing to construct Phase II of the Cherry Lane road improvement project. The project is being developed and implemented in three separate phases and will ultimately provide a direct route from U.S. Highway 41 (Broad Street) to U.S. Highway 231 (Memorial Boulevard), with an interchange connection at Interstate 840. The permanent loss of 6.09 acres of wetlands and 553 linear feet of streams is proposed to facilitate the construction of Phase II. Plans and location maps of the proposed project are provided in this notice. 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.: In 2021, the applicant proposed a Phase II Cherry Lane road alignment that would have resulted in the permanent filling of 11.81 acres of wetlands and 804 linear feet of streams. The Corps did not issue a DA permit for the 2021 proposed project. The applicant currently proposes a road alignment that minimizes wetland impacts to 6.09 wetland acres and 553 linear feet of stream. The Corps will review the applicant’s analysis of eight alternative road routes provided with their DA permit application to determine which road alignment is the Least Environmentally Damaging Practicable Alternative.
COMPENSATORY MITIGATION PROPOSAL: The applicant proposes to purchase 431 stream credits from the Brady Branch and/or Harpeth River mitigation banks and purchase 12.18 wetland credits (2:1 ratio) from the Harpeth River mitigation bank.
NEPA PROJECT PURPOSE AND NEED: The purpose of this project is to construct Phase II of a five-lane road that will serve to provide an arterial connection between north and west Murfreesboro, particularly between Memorial Boulevard and NW Broad Street, supporting a greater volume of traffic under safer conditions. The need is to improve automobile traffic interconnectivity within Murfreesboro.
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: 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 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 will 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 (Per Section 7 of the Endangered Species Act): The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the ESA on all actions that may affect a species listed under the ESA as threatened or endangered or any critical habitat. A review of USFWS’s information for Planning and Conservation (IPaC) website (https://ipac.ecosphere.fws.gov) on September 10, 2024, indicated the following federally-listed species may occur or could potentially be affected by the activities in this location. •
- MAMMALS: Gray bat (Myotis grisescens) (E)
- CLAMS: Rabbitsfoot (Quadrula cylindrica cylindrica) (T)
- FLOWERING PLANTS: Braun’s Rock-cress (Arabis perstellata) (E); Guthrie’s (=pyne’s) Ground-plum (Astragalus bibullatus) (E); Leafy Prairie-clover (Dalea foliosa) (E)
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.
ADDITIONAL INFORMATION: Section 401 Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the Clean Water Act. 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, 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 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: William Eric Sinclair at the above address, and/or email at william.e.sinclair@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. Sinclair at the above address, telephone 615-369-7500, or email NashvilleRegulatory@usace.army.mil.
William Eric Sinclair
Project Manager
West Branch Regulatory Division
Nashville District, U.S. Army Corps of Engineers