Public Notice - TN Division of Water Resources

The purpose of this notice is to advise the public of the following proposed permit action and solicit comments and information necessary to evaluate the potential impact of the proposed activities on the aquatic environment. Pursuant to The Tennessee Water Quality Control Act of 1977, T.C.A. §69-3-108 and Tennessee Rules, Chapter 0400-40-07, the proposed activity described below has been submitted for approval under an Aquatic Resource Alteration Permit and Section 401 Water Quality Certification. 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 is intended to inform interested parties of this permit application and draft permit and rationale, and to ask for comments and information necessary to determine possible impacts to water quality. At the conclusion of the public notice period a final determination will be made whether to issue or deny the permit. PERMIT COORDINATOR Nicholas Zemlachenko Tennessee Department of Environment & Conservation Division of Water Resources, Natural Resources Unit William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243 Nicholas.Zemlachenko@tn.gov APPLICANT CSX Transportation, Inc c/o Matthew L. Adkins 1590 Marietta Blvd. NW Atlanta, Georgia 30318 LOCATION CSX Transportation mainline milepost 00F 267.7 and 267.8 near McKenzie, Carroll County Unnamed wetlands, and South Fork Obion River Latitude: 36.074961, Longitude: -88.565068 To view the proposed location of these impacts and the watershed condition, visit the Division’s Map Viewer at http://tdeconline.tn.gov/ dwr/ and search on the permit number or coordinates listed in this Public Notice. PROJECT DESCRIPTION / PURPOSE Unavoidable permanent impacts to 0.79 acres of wetland, temporary impacts to 0.54 acres of wetland and 70 feet of the South Fork Obion River associated with replacement of a timber trestle bridge and two timber approach structures (CSXT Mileposts (MPs) 00F 267.7 and 267.8) along the CSXT mainline near McKenzie (Carroll County). Wetland mitigation for permanent impacts will be through purchase of 1.58 credits from the Gilmer’s Creek Wetland Mitigation Bank. ANTIDEGRADATION In accordance with the Tennessee Antidegradation Statement (Rule 0400-40-03-.06): For jurisdictional streams, the Division has made the preliminary determination that the proposed activities will result in no more than de minimis degradation of an ETW without mitigation and will not result in an appreciable permanent loss of resource value. For jurisdictional wetlands, the Division has made a preliminary determination that the proposed activities will result in greater than de minimis degradation of waters with available parameters. Any appreciable permanent loss of resource value associated with the proposed impact is proposed to be offset by sufficient mitigation to result in no overall net loss of resource value. Pursuant to Antidegradation Statement, in waters with available parameters for habitat, an activity that would cause degradation of habitat above the level of de minimis will only be authorized if applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity and the degradation is necessary to accommodate important economic or social development in the area and will not violate the water quality criteria for uses existing in the receiving waters. For more information, please reference Tennessee’s Antidegradation Statement which is found in Chapter 0400-40-03 of the Rules of the Tennessee Department of Environment and Conservation. FACTORS CONSIDERED In deciding whether to issue or deny this permit, the Division will consider all comments of record and the requirements of applicable federal and state laws. The division will consider the nature, scale and effects of proposed impacts. The Division will 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. HOW TO COMMENT TDEC is requesting public comment on this proposed permit action. Obtaining a broad range of facts and opinions on Agency actions is one of the best ways to ensure appropriate decisions. Persons wishing to comment on the proposal are invited to submit written comments to the Division. Written comments must be received within thirty days following distribution of the approved public notice materials (including signage and newspaper ad). Comments will become part of the record and will be considered in the final decision. The applicant’s name and permit number should be referenced. Send all written comments to the Division’s address listed below to the attention of the permit coordinator. You may also comment via email to water.permits@tn.gov. After the Division makes a final permit determination, a permit appeal may be fi led 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. 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 Alisha Looper at 615-571-4470 or alisha.looper@tn.gov. Si le resulta difícil leer, hablar o comprender inglés, TDEC puede proporcionarle servicios de traducción o interpretación sin cargo comunicándose con Alisha Looper al 615-571-4470 o alisha.looper@ tn.gov. PUBLIC HEARING Interested persons may request in writing that the Division hold a public hearing on this application. The request must be received by the Division within the comment period, indicate the interest of the party requesting it, the reason(s) a hearing is warranted, and the water quality issues being raised. When there is suffi cient public interest in water quality issues, the Division will hold a public hearing in accordance with 0400-40-07-.04(4) (f). Send all public hearing requests to the attention of the permit coordinator at the address listed below or via email to water.permits@tn.gov. Any scheduled public hearings will be advertised through a similar public notice process. FILE REVIEW The permit application, supporting documentation, including detailed plans and maps, draft permit and rationale, and related comments are available for review on the internet at the Division’s data viewer at Report on Permits (tn.gov)::::: by entering the permit fi le number listed in the title of this Public Notice. The fi le may be viewed and copied at the address listed below. Tennessee Department of Environment & Conservation Division of Water Resources, Natural Resources Unit William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor, Nashville, Tennessee 37243 PUBLIC NOTICE Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources (DWR) Notice Requesting Public Comments on Draft Permit Actions FILE # NRS23.270 R23304/7-1