PUBLIC NOTICE
Number: NR16MS.007
Pursuant to Chapter 0400-40-07 of the Department’s rules, Teague
Transports, LLC (Teague) has submitted an application for approval
under an Aquatic Resource Alteration Permit (ARAP) and §401 Water
Quality Certification. This notice is intended to inform interested
parties of this permit application and to ask for comments and
information necessary to determine possible impacts to water quality.
No decision has been made whether to issue or deny this application.
A copy of the entire Public Notice NR16MS.007 is available for review
at the following website:
http://www.tn.gov/assets/entities/environment/attachments/ppo_water_nr16ms007.pdf
Teague Transports, LLC (Teague) has applied for an individual
ARAP/mitigation plan to offset the temporary loss of aquatic function
that would occur as a result of the commercial dredging for sand at
its Teague #4 location. As a result of the proposed site activities,
approximately 18.75 acres of “waters of the state” (i.e.
jurisdictional ponds) would be temporarily disturbed during the
dredging operations. Teague is proposing that the same mitigation
efforts approved in 2008 be rolled forward to the present with credit
being given for the natural revegetation of riparian areas that has
occurred. The only change being proposed, due to the addition of a
fifth pond (Pond #4) now being planned for dredging, is the increase
in size of the portion of the pond to be perpetually preserved from
17.37 acres to 18.75 acres. The proposed mitigation plan includes
three elements of enhancement that would include 1) permanent
cessation of dredging activities at the mitigation site, 2)
stabilization of the southwestern portion of the shoreline by planting
native vegetation along the riparian area 50 feet directly adjacent to
the shoreline, and 3) perpetual preservation of the pond and proposed
riparian area via TDEC’s current Notice of Land Use Restrictions
document. A previously discussed herein, the first element has
already taken place, and the second element, to a large extent, is
occurring naturally.
FACTORS CONSIDERED: 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. The Division
shall also consider loss of waters or habitat, diminishment in
biological diversity, cumulative or secondary impacts to the water
resource, and adverse impact to unique, high quality, or impaired
waters.
COMMENTING: Persons wishing to comment on the proposal are invited to
submit written comments to the department. Written comments must be
received within THIRTY (30) DAYSof the date that this notice is
posted. 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 and to the attention of the permit
coordinator.
PUBIC HEARING: Interested person may 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 reasons that a hearing is warranted, and the
water quality issues being raised. When there is sufficient public
interest in water quality issues, the Division will hold a public
hearing. Send all public hearing requests to the Division’s address
listed below and to the attention of the permit coordinator.
Any hearing would be in accordance with T.C.A. §§69-3-110 and 4-5-301 et seq.
FILE REVIEW: Copies of the permit application, supporting
documentation including detailed plans and maps are available online
on the Water Resources Permit Data Viewer. The permit application,
supporting documentation including detailed plans and maps, and
related comments are also available at the Division’s address (listed
below) for review and/ or copying.
Kara Blevins (865)594-5460
Tennessee Department of Environment & Conservation
Division of Water Resources - Mining Section
3711 Middlebrook Pike
Knoxville, TN 37921-6538
Published: October 27, 2016