REGULATORY DIVISION NASHVILLE DISTRICT
U.S. ARMY CORPS OF ENGINEERS
3701 BELL ROAD NASHVILLE, TENNESSEE 37214
APPLICATION NUMBER: LRN-2023-00083
ADDRESS COMMENTS TO:
Nashville District Corps of Engineers (ATTN: Sammy Iskrzycki)
J. Percy Priest Regulatory Field Office
3701 Bell Road Nashville, Tennessee 37214
SUBJECT: Proposed discharge of fill material into 10.05 acres of wetland associated with the construction of the “The Bend” multipurpose development located on Pennington Bend Road, Nashville, Davidson County, Tennessee (Latitude 36.225596° N, Longitude –86.702734° W).
TO ALL CONCERNED: The work described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) for the discharge of fill material into waters of the United States. Before a permit can be issued, certification must be provided by the state of Tennessee, pursuant to Section 401(a)(1) of the CWA, that applicable water quality standards will not be violated, the Applicant has applied for the required certification.
APPLICANT:
Northgate Nashville LLC
Shannon Sullivan
38 Commerce Ave. SW Suite 200
Grand Rapids, MI 49503
LOCATION: The proposed project is located at 2400 Pennington Bend Road in Nashville, Davidson County, Tennessee (Latitude 36.225596° N, Longitude – 86.702734° W).
PURPOSE AND NEED: The applicant has stated that the purpose of the proposed project is to establish an agriculture-themed development that incorporates a variety of uses, including multi-family residential units, a hotel, a restaurant, an event center / music venue, RV campsites, cabin accommodations, and an array of campground amenities to support the growing number of visitors to the metro Nashville area.
PROJECT DESCRIPTION: The applicant proposes to construct a 214-acre multipurpose development. The development is proposed to include both residential and commercial components. The residential development includes both short-term and long-term housing. This includes approximately 300 multifamily units, 425 campsites and cabins, and a hotel. The proposed commercial development has been identified as various amenities, restaurants, retail, and event venues. Approximately 50.45 acres of wetlands are on the property and 1,927 linear feet of streams. Proposed impacts include the permanent discharge of fill into 10.05 acres of wetland. No stream impacts have been identified. The majority of proposed wetland impacts are associated with internal roads and campsite lots.
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.: No offsite alternatives were provided by the applicant. Three onsite alternatives were provided by the applicant, showing a reduction of proposed fill. Onsite alternatives included the placement of fill in all delineated wetlands on site (approximately 50.45 acres) and the placement of fill into an unknown linear footage of streams compared to the applicants preferred alternative that proposes to place fill in 10.05 acres of wetland and proposes no impacts to streams.
COMPENSATORY MITIGATION: The applicant has stated that they plan to propose to restore 21.80 acres of wetlands onsite through a permittee responsible mitigation plan. A mitigation plan has not been provided. Wetland bank credits are available within the secondary service area and in lieu fee wetland credits are available.
PUBLIC INTEREST REVIEW/CUMULATIVE EFFECTS: The decision whether to issue a permit and real estate instruments 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. Evaluation of the probable impacts involving deposits of dredged or fill material into waters of the United States will include the application of guidelines established by the Administrator of the U.S. Environmental Protection Agency.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny permits or real estate instruments 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 documentation 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. The USACE will prepare documentation pursuant to NEPA prior to a final decision considering issuance or denial of the requested DA permit and real estate instruments.
HISTORIC AND CULTURAL RESOURCES: The applicant has submitted a Phase I survey identifying potential cultural resources on site. 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. 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/THREATENEND SPECIES REVIEW (Per Section 7 of the Endangered Species Act): The following federally listed species were generated by the USFS IPAC tool based on the project area (https://ipac.ecosphere.fws.gov). NOTE: See attachment document for table with species nomenclature and federal status.
A copy of the notice is being furnished to the USFWS for their review.
OTHER APPROVALS: In addition to the DA permit, easements, and TWALs, other federal, state, and/or local approvals may be required for the proposed work. A Water Quality Certification from the State of Tennessee is required for the proposed work in accordance with Section 401(a)(1) of the CWA.
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 public hearing.
COMMENT PERIOD: Written statements received by this office within 30 days from the start of the public comment period will become a part of the record and considered in the determination. Any response to this notice should reference LRN-2023-00083 and be directed to the Regulatory Division, Attention: Sammy Iskrzycki, at the above address or email at Samantha.N.Iskrzycki@usace.army.mil.
NOTE: All exhibits included in attached .pdf file of this public notice.