PUBLIC NOTICE: TN DEPT. OF ENVIRONMENT & CONSERVATION

PUBLIC NOTICE

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

Division of Water Resources

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 11th Floor

Nashville, Tennessee 37243

TO WHOM IT MAY CONCERN: The application described below has been submitted for an Aquatic Resource Alteration Permit under The Tennessee Water Quality Control Act of 1977, T.C.A. §69-3-108. In addition, federal permits may be required from the U. S. Army Corps of Engineers and the Tennessee Valley Authority under §404 of the Clean Water Act and §26a of the Tennessee Valley Authority Act, respectively. Section 401 of the Clean Water Act requires that an applicant obtain a water quality certification from the state when a federal permit is required. This notice may cover applications subject to §401.

No decision has been made whether to issue or deny this application. The purpose of this notice is to inform interested parties of this permit application and to ask for comments and information necessary to determine possible impacts to water quality. Persons wishing to comment on the proposal are invited to submit written comments to the Division. Written comments must be received within thirty days of the date that this notice is posted. Comments will become part of the record and will be considered in the final decision. If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Saul Castillo at 615-532-0462 for more information. The applicant’s name and permit number should be referenced. Send all written comments to the Division’s address listed above and to the attention of the permit coordinator (indicated below). You may also comment via email to water.permits@tn.gov. After the Division makes a final permit decision, a permit appeal may be filed by the applicant or by any person who participated in the public comment period whose appeal is based on comments given to the Division in writing during the public comment period or in testimony at a formal public hearing.

The permit application, supporting documentation including detailed plans and maps, and related comments are available at the Division’s address (listed above) for review and/or copying or by visiting the TDEC website at https://www.tn.gov/environment/topic/ppo-water and searching on the Application Number listed below.

Interested persons may also request in writing that the Division hold a public hearing on this application. The request must be filed within the comment period, indicate the interest of the person requesting it, the reason(s) that the hearing is warranted, and the water quality issues being raised. When there is sufficient public interest in water quality issues, the Division shall hold a public hearing in accordance with 0400-40-07-.04(4) (f).

In deciding whether to issue or deny a permit, the Division will consider all comments of record and the requirements of applicable federal and state laws. In making this decision, a determination will be made regarding the lost value of the resource compared to the value of any proposed mitigation. The Division shall consider practicable alternatives to the alteration, loss of waters or habitat, diminishment in biological diversity, cumulative or secondary impacts to the water resource, and adverse impacts to unique, high quality, or impaired waters.

APPLICATION NUMBER NRS18.189

PERMIT COORDINATOR Robert Baker

615-532-0710

robert.d.baker@tn.gov

APPLICANT Rogers Group, Inc.

Van Medlock

Director of Environmental Services

421 Great Circle Road

Nashville, Tennessee 37228

615-780-5781

LOCATION

The project is located in the Tennessee River (Kentucky Lake) in Perry and Decatur Counties, Tennessee River Miles 124.0 to 125.0 left and right descending banks and 125.0 to 126.0 right descending bank.

PROJECT DESCRIPTION / PURPOSE

The proposed project involves commercial sand and gravel dredging in the Tennessee River/ Kentucky Reservoir. The proposed dredge areas include Tennessee River Mile (TRM) 124.0 to 125.0 left and right descending banks, and 125.0 to 126.0 right descending bank. The applicant would use a hydraulic dredge to remove sand and gravel from the river bed for regional use in construction activities including asphalt, concrete, etc. The dredged materials would be classified and sorted onboard the dredge, transported to shore, offloaded and temporarily stockpiled at an existing terminal, then transported directly to a customer. Unused dredged material and river water would be discharged back into the river under the dredge immediately following the onboard classification process. Rogers Group, Inc. holds permit NRS16.289 that authorizes dredging in a total of 25 river miles spaced at different intervals between TRM 120.5 to 182. The application states that additional river segment is needed because the existing permitted river miles will not provide adequate sand and gravel reserves for the project’s purpose and need for the duration necessary to meet future demand.

POINTS OF IMPACT

Latitude N 35.752594, Longitude W -87.999965 (middle of river segment)

WATERSHED / WATERBODY DESCRIPTION

This segment of the Tennessee River, Kentucky Lake is located in the 12 digit Hydrologic Unit Code Tennessee River-Toms Creek -060400011003. The Tennessee Western Valley (Beech River) Watershed is located in Tennessee and Mississippi. The Tennessee portion of the watershed (97.8 percent of the watershed) includes parts of Benton, Carroll, Chester, Decatur, Hardin, Henderson, Humphreys, McNairy, Perry, and Wayne counties. It drains approximately 2,097 square miles, 2,041 square miles of which are in Tennessee, and empties to the Tennessee Western Valley (KY Lake) Watershed. This segment of the Tennessee River (Kentucky Reservoir) including unnamed tributaries in Tennessee National Wildlife Refuge in Benton, Decatur, Hardin, Houston, Humphreys, and Perry counties is identified as Exceptional Tennessee Waters. The basis for inclusion includes the presence of the Federal endangered White Wartyback, Rough Pigtoe, Cracking Pearlymussel, Clubshell, Orange-foot Pimpleback, Ring Pink and Pink Mucket, state endangered Sweetscent Ladies’-Tresses, state threatened Blue Sucker and Short-Beaked Arrowhead. The Tennessee River (Kentucky Reservoir) is classified for the following uses: irrigation, recreation, fish and aquatic life, livestock watering and wildlife, domestic water supply and industrial water supply. Kentucky Reservoir was last assessed for the support of those uses on May 23, 2016. All uses are fully supported. To view the proposed location of these impacts and the conditions of affected waters please visit TDEC’s dataviewers at: https://www.tn.gov/environment/about-tdec/tdec-dataviewers.html and search on the application number listed above.

DETERMINATIONS

In accordance with the Tennessee Antidegradation Statement (Rule 0400-40-03-.06), the Division has made a preliminary determination that the proposed activities will result in greater than de minimis degradation of Exceptional Tennessee Waters (ETW). Pursuant to Antidegradation Statement, in waters identified as ETW, an activity that would cause degradation of habitat above the level of de minimis will only be authorized if the applicant demonstrates to the Division that reasonable alternatives to degradation are not feasible, the degradation is necessary to accommodate important economic or social development in the area, and the activity will not violate water quality criteria for uses existing in the receiving waters. Accordingly, the applicant has submitted an alternatives analysis and social and economic justification and the Division is seeking public comment on these subjects.

B 5/15

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