Public Notice
Tennessee Department of Environment and Conservation (TDEC)
Division of Water Resources (DWR)
Notice Requesting Public Comments on Draft Permit Actions
FILE # NRS24.203
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
Mike Lee
Tennessee Department of Environment & Conservation
Division of Water Resources, Natural Resources Unit
9th Floor Davy Crockett Tower
500 James Robertson Parkway
Nashville, Tennessee 37243
(615) 5320712
Mike.lee@tn.gov
APPLICANT
Mr. Allen Pinson, Real Estate Manager
Casey’s General Store Inc
1 SE Convenience Blvd.
Ankeny, IA 50021
(515) 954-6277
LOCATION
NE of intersection Eric Bell Road and Hwy 45 S, Henderson Chester County
Latitude: 35.846744 Longitude: -86.474667
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
The project consists of a convenience store, fuel stations, associated roads, and parking. The site is historically disturbed. Current habitat within the site is disturbed, old field habitat. Water resource features include one wet weather conveyance (WWC 1), one stream (Stream 1), and one wetland (Wetland 1 – 3.00 ac). Development proposes to partially fill Wetland 1 (0.26 ac) to allow for development of an access road into the site. WWC 1, Stream 1, and remaining acreage of Wetland 1 (2.74 ac) will not be impacted. Due to the known presence of Hatchie burrowing crayfish within Wetland 1, Wetland 1 is considered an Exceptional Tennessee Water ETW). Therefore, the project proposes on-site mitigation through the preservation of Wetland 1 at a 10:1 ratio. 2.60 acres would be required to mitigate the 0.26 acres of wetland fill. The project will preserve the remaining acreage of Wetland 1 (2.74 ac).
ANTIDEGRADATION STATEMENT
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 de minimis degradation of an Exceptional Tennessee Wetland because the applicant proposes to provide in-system mitigation to offset any appreciable permanent loss of resource values.
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 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. 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 Brian Canada at brian.canada@tn.gov or 615-979-1406.
Si le resulta difícil leer, hablar o comprender inglés, TDEC puede proporcionarle servicios de traducción o interpretación sin cargo comunicándose con Brian Canada at brian.canada@tn.gov or 615-979-1406.
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 https://dataviewers.tdec.tn.gov/dataviewers/f?p=2005: 34001:15600742245: by entering the permit file number listed in the title of this Public Notice. The file may be viewed and copied at the address listed below.
Tennessee Department of Environment & Conservation
Division of Water Resources
Natural Resources Unit
9th Floor Davy Crockett Tower
500 James Robertson Parkway
Nashville, Tennessee 37243-1102
