Chattanooga Times Free Press (2024)

Public Notice
Tennessee Department of
Environment and Conservation (TDEC)
Division of Water Resources (DWR)
Notice Requesting Public Comments on Draft Permit Actions
FILE # NRS22.157

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 COORDINATORAdam Kelly
Tennessee Department of Environment & Conservation
Division of Water Resources,
Natural Resources Unit
Davy Crockett Tower
500 James Robertson Parkway,
9th FloorNashville, Tennessee 37243
615-253-5348
Adam.T.Kelly@TN.gov

APPLICANT
MBSC Black Creek, LLC
4700 Cummings Road
Chattanooga, TN 37419
LOCATION
Obar Branch Headwater Wetland,
Chattanooga, Hamilton County
Latitude 35.000975 Longitude -85.430317

To view the proposed location of these impacts and the watershed condition, visit the Division’s mapviewer at http://tdeconline.tn.gov/dwr/ and search on the permit number or coordinates listed in this Public Notice.

PROJECT DESCRIPTION / PURPOSE
MBSC Black Creek, LLC proposes to impact 1.2 acres of wetland during Phase 15 development of the residential subdivision known as Black Creek. 1.2 acres of wetland will be converted from a forested wetland to an open water habitat. Compensatory mitigation for the unavoidable impacts to aquatic resources will be provided by purchasing 2.4 credits at a 2:1 ratio from Sequatchie Valley Mitigation Bank and providing 0.229 credits onsite through permittee responsible mitigation.

ANTIDEGRADATION
In accordance with the Tennessee Antidegradation Statement (Rule 0400-40-03-.06):

For impacts to jurisdictional wetlands, the Division has made a preliminary determination that the proposed activities will result in de minimis degradation of waters with available parameters 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 Alisha Looper at 615-571-4470 or alisha.looper@tn.gov.

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 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
Davy Crockett Tower
500 James Robertson Pkwy,
9th FloorNashville, Tennessee 37243