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Water Notices and Hearings


Rulemaking

December 2017

This notice of rulemaking hearing concerns  rescission of Tenn. Comp. R. & Regs. 0400-40-05-.08(1)(c), which provides, “For publicly owned treatment works, effluent limitations shall be designed to require application of the best practicable waste treatment technology.” The underlying statutory provision was repealed by Congress in 1981. The Division of Water Resources has scheduled a rulemaking hearing on January 25, 2018.

Written comments will be accepted through January 25, 2018 at 4:30 p.m. (vojin.janjic@tn.gov).

>Notice of Rulemaking Hearing (Redline)

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October 2017

This notice of rulemaking is to receive comments regarding federally mandated amendments to the rules regulating public water systems,  amendments to the operation and maintenance rules,  adoption of an electronic reporting rule and general housekeeping changes.

>Redline Version

Public Participation Opportunities

December 22, 2017

Construction General Permit (CGP) Policy on Soil Stabilization Requirements

The Division of Water Resources has reviewed the 2016 NPDES Construction General Permit (CGP) and has developed the following draft policy to provide staff clarification on the interpretation of soil stabilization requirements as detailed in Section 3.5.3.1(k).  The policy is intended to provide transparency and consistency in the application of CGP requirements, and is being posted in order to receive public comment.  

Draft Policy

If you have comments, please submit them to Robert.Karesh@tn.gov by January 31st, 2018.


December 20, 2017

TN Stream Quantification Tool (TN SQT)

TDEC, in partnership with the Environmental Protection Agency, the Army Corps of Engineers, and Stream Mechanics, LLC, developed a regionalized functional loss and lift calculator to determine resource value loss and lift on stream projects. The TN Stream Quantification Tool (TN SQT) is a series of user manuals, spreadsheets, and reference information to aid stream restoration practitioners and project reviewers in the process of site selection, project rationale, and amount of benefit a project may have for the water resources. TDEC is providing the following for review and comment.

Please send comments or questions to Vena.L.Jones@tn.gov.

Comments will be accepted through February 2, 2018.

Basic Components of the TN SQT Webinar (Held on January 17, 2018)


December 4, 2017

DRAFT 2018 List of Impaired and Threatened Waters in Tennessee

The Draft 2018 List of Impaired and Threatened Waters in Tennessee, required by Section 303(d) of the federal Clean Water Act, is now available for public review. The List is a compilation of the lakes, rivers, and streams in Tennessee that either fail to meet, or are soon expected to fail to meet, one or more water quality standards. In addition, the list provides pollutant information and TMDL prioritization for impaired and threatened segments. The new version of the List reflects the results of a reassessment of the Group 4 watersheds that took place in 2016 and 2017. The 2018 Draft List is being provided as a spreadsheet with color coded tabs for each watershed in the state. Additionally, rationales have been prepared for proposed delistings.

Comments will be accepted until February 16, 2018. (Gregory.Denton@tn.gov)

The Division of Water Resources has scheduled a public meeting on January 4, 2018, to facilitate public comments. After the public comment period has ended, the List will be revised according to the comments received and will be submitted to EPA as a proposed final version by the statutory deadline of April 1. The List and companion documents can be accessed at the links below:


Public Notices


JANUARY 2018

  • JANUARY 23
    • MMXVIII-003 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • JANUARY 22
  • JANUARY 19
    • M2018-02 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.
  • JANUARY 17
    • NRS17.320 - Applicant proposes to relocate approximately 150 linear feet of an unnamed tributary of Burnett Creek (Knox County). The proposal would cut a shorter channel at the base of a meander in order to make room for a private driveway.
    • NRS17.345 - The Tennessee Department of Transportation proposes to encapsulate 238 linear feet and eliminate 10 linear feet of Forked Deer Creek with for the relocation of SR 32 at the SR 131 intersection in Grainger County. The applicant will offset lost resource value through on-site permittee responsible compensatory mitigation.
  • JANUARY 16
    • MMXVIII-002 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • JANUARY 12
    • M2018-01 - Notice of Combined Public Notice announcing the issuance of a  draft NPDES permit and Public Hearing for Claiborne Hauling, LLC, Fish Lake, NPDES Permit TN0070271.
  • JANUARY 11
    • NR17MS-010 - This reclamation project proposes to re-establish 800 feet of surface channel to convey intermittent surface flow from the undisturbed stream and restore connectivity of the unnamed tributary to Flat Creek. Additionally, surface drainage from two wet weather conveyances to the unnamed tributary will be restored by constructing a 100 linear foot channel segment and a 180 linear foot channel segment that were eliminated by the abandoned surface mining.
  • JANUARY 9
    • MMXVIII-001 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.319 - The Shelby County Roads, Bridges & Engineering Department proposes to fill and replace 274 linear feet of an unnamed tributary to Grays Creek (Shelby County) in order to accommodate a bridge replacement. The replacement channel will be designed with a bank height ratio of 1.1 or less with an appropriate slope to carry flow. “No Mow” signs will be placed along the riparian corridor which will be revegetated with native species.
    • NRS17.337 - Thompson Thrift Development, dba Watermark Apartments, proposes to permanently impact 0.43 acres of wetland in Germantown (Shelby County) in order to construct an apartment complex. The applicant proposes to offset lost resource value through compensatory mitigation.
  • JANUARY 5
    • NRS17.308 - Hawthorne at Mountain Creek Apartments, LLC proposes to impact approximately 356 feet of an unnamed tributary to Mountain Creek in Hamilton County for the construction of an apartment complex. Approximately 256 feet of stream will be permanently impacted and offset through on-site replacement, including a rock cross vane and an average 30-foot-wide native riparian area planted on both sides of the stream. An additional approximately 100 linear feet of relocation will be enhanced with the establishment of a 30-foot riparian area and an in-stream rock cross vane. The proposed replacement and enhancement will be monitored annually for three years.
  • JANUARY 4
  • JANUARY 3
    • NRS17.268 - The Tennessee Department of Transportation proposes to encapsulate 77 linear feet of Pistol Creek with 17 linear feet of rip-rap at the inlet, relocate/rip-rap 252 linear feet of stream, and permanently fill 0.378 acres of wetland for the relocation of SR 115 (Alcoa Hwy.) and associated interchange improvements in Blount County. The applicant will offset lost resource value through compensatory mitigation.
  • JANUARY 2
    • NRS14.017 - As a modification to an existing permit, the City of Dayton is proposing to increase shoreline bank stabilization from 200 to 600 linear feet of Chickamauga Reservoir on an embayment on Richland Creek. This would include riprap or anchored vegetative matting. The city also proposes to deepen the harbor from an originally proposed depth elevation of 677.5 msl to 672 msl, increasing the total cubic yards to be dredged from 4,500 to approximately 11,750. The proposed modification would also authorize construction of an earthen levee containment of the harbor on the lake-ward side of the harbor.

 


DECEMBER 2017

  • DECEMBER 22
  • DECEMBER 21
    • NRS17.332 - In support of pipeline replacement, Columbia Gulf Transmission proposes to permanently impact 0.02 acres of wetland and temporarily impact 0.75 acres of wetland in Lebanon, Wilson County.
    • NRS17.262 - The Tennessee Department of Transportation proposes to restore 2,721 linear feet of stream channel and enhance 641 linear feet of stream channel to mitigate anticipated stream impacts for three future TDOT roadway projects: PIN#100339.01 SR-4 Davidson Road to Shelby Road in Shelby County, PIN# 100341.02 SR-14 from SR-385 to east of Kerrville-Rosemark Road in Shelby County, and PIN# 102232.01 Brownsville Bypass from east of SR-87 to west of Windrow Road in Haywood County.
  • DECEMBER 20
    • NRS17.282 - Mr. John T. Edwards proposes non-commercial gravel mining from a site in White Oak Creek (Humphreys County) on the permittee’s property.
  • DECEMBER 19
    • Notice of Public Hearing for Individual NPDES Permit TN0002968  US Department of Energy Oak Ridge Y-12 National Security Complex.
    • Notice of Public Hearing for Individual NPDES Permit  TN0005410 Tennessee Valley Authority Bull Run Fossil Plant. 
    • MMXVII-051 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.243 - The City of White House (Robertson County) proposes to encapsulate 300 linear feet of Frey Branch. The purpose of the proposed project is to construct a sidewalk to support the growing pedestrian population in the area. To offset impacts, the applicant proposes to remove encapsulation from approximately the same length of an upstream reach of Frey Branch.
    • NRS17.304 - KCI Technologies, Inc. is proposing to restore and enhance 3,990 linear feet North Creek and an unnamed tributary to North Creek, a tributary to the Cumberland River in the Neely’s Bend area of Davidson County. These streams have been affected by agriculture and long-term livestock access. Restoring these systems will benefit the water resources. This work is associated with the development of a stream compensatory mitigation bank (Neely’s Bend Stream Bank) currently under review by the Army Corps of Engineers under the 2008 Federal Mitigation Rule.
    • NRS17.315 - The applicant proposes to stabilize 820 linear feet of stream with various stabilization practices at four sites along Indian Creek. Jetties will be installed at site 4 and 190 linear feet of bank will be impacted. Jetties will be installed at site 5 and 250 linear feet of bank will be impacted. Jetties will be installed at site 6 and 160 linear feet of bank will be impacted. Jetties will be installed at site 7 and 220 linear feet of bank will be impacted. At each site, stone toe protection will be utilized. A 35 foot wide riparian zone will be established for six times the length of total area stabilized to offset impacts. This area can include existing forested riparian zones which shall be preserved.   
    • Notice of Decision for Individual Permits (ARAP-Natural Resources Unit)
  • DECEMBER 15
  • DECEMBER 13
  • DECEMBER 12
    • MMXVII-050Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.280 - As part of modifications to previously authorized impacts (NRS07.029), Horn Springs Development, LLC proposes impacts to 107 feet of Stream 5, completion of 467 feet of impacts to Stream 5, completion of 176 feet of impacts to Stream 1, planting of 76 feet of buffer on Stream 5, removal of an 18-foot culvert at Stream 1, and removal of asphalt rubble at stream 4. These impacts would be to unnamed tributaries to Horn Springs Branch (Lebanon, Wilson County). Buffer plantings, culvert removal, asphalt removal, and land use restrictions are being provided in support of mitigation for these impacts.
  • DECEMBER 11
  • DECEMBER 5
    • NRS17.295 - The Metropolitan Nashville Airport Authority proposes to fill to 1.2 acres of wetland in Nashville (Davidson County) to expand an employee parking lot. Mitigation for wetland loss will occur through the purchase of 2.4 credits from the Swamp Road Wetland Mitigation Bank in Rutherford County. 
    • MMXVII-049 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)    
  • DECEMBER 4
  • DECEMBER 1
    • M2017-20 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.

NOVEMBER 2017

  • NOVEMBER 28
  • NOVEMBER 22
  • NOVEMBER 21
    •  NRS17.288 - Mr. Al Miller proposes to construct a road that will impound less than one acre of low resource value wetland on Brymer Creek (Bradley County) to allow access to a future home. Pond water will be pumped to a watering station for cattle. Impacts will be offset by fencing cattle out of waters and restoring one acre of fringe wetlands to previous conditions. 
    • MMXVII-047 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • NOVEMBER 17
  • NOVEMBER 14
    • MMXVII-046 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • Inactivation - The Town of Bruceton (TN0062014) has requested inactivation of their Pretreatment Program. The division has confirmed that Bruceton has no significant industrial users. Therefore, the division is inactivating Bruceton’s Pretreatment Program. Comments may be sent to Laurel Rognstad.
  • NOVEMBER 9
    • NRS17.260 - The Tennessee Department of Transportation is proposing to widen State Route 99 from Cason Lane to New Salem Highway in Rutherford County. This activity will impact three unnamed tributaries to the West Fork Stones River and two wetlands (0.03 acres) within the Stones River Watershed. These impacts will be offset through on-site stream replacement (427 linear feet) and permittee responsible mitigation at the World Outreach Center along Stream 1 and an unnamed tributary to West Fork Stones River (718 linear feet of aquatic resource losses).
    • NRS17.263 - The Tennessee Department of Transportation is proposing to remove a series of low-head dams and restore a stretch of stream near the World Outreach Center in Rutherford County. This unnamed tributary to the West Fork of the Stones River is habitat-impaired. The proposed restoration will improve the condition of this stream along 1,962 linear feet. TDOT will remove all low-head dams along this stretch of stream, improve channel dimensions, instream habitat, and riparian vegetation, and return the flow regime to a lotic system. These activities will help offset TDOT projects PIN100404.01, PIN100288.00, PIN100288.01, and PIN100282.00. 
  • NOVEMBER 8
  • NOVEMBER 7
    • MMXVII-045 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.287 -  Wepfer Marine Inc. proposes to install a 150 foot wide paved drive into McKellar Lake associated with relocation of floating dock facilities near Channel Drive in Memphis (Shelby County). Bank fill and stabilization of currently eroding banks will occur along 470 feet of bank. Stabilization activities will include planting of native species appropriate to the area.
    • Notice of Decision for Individual Permits (ARAP-Natural Resources Unit)
  • NOVEMBER 2

OCTOBER 2017

  • OCTOBER 31
    •  MMXVII-44 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
    • Notice of Public Hearing for TN0005452 Tennessee Valley Authority Kingston Fossil Plant.  (Permit Data Viewer)
    • NRS17.191 - The Metropolitan Nashville Airport Authority proposes impacts to approximately 0.4 acres of wetland, encapsulation of 660 linear feet of two unnamed tributaries to Sims Branch, and the installation of two spring boxes in association with airport upgrades (Nashville, Davidson County).
    • NRS17.269 - The Tennessee Department of Transportation proposes to widen I-40 with 3,263 linear feet of additional impact to Piney Creek and two unnamed tributaries and 0.075 acres of impact to two wetlands in Cumberland County. Resource loss will be offset through permittee-responsible and in-lieu fee compensatory mitigation.
    • NRS17.283 - Mr. Larry Smith is proposing to install stone toe reinforcement, partially riprap, and conduct top-of-bank bioengineering on approximately 420 feet of Goose Creek (Macon County) to control active erosion. An additional 40 feet of bank will be fully riprapped. On-site mitigation will occur through providing 35 foot buffers on 2,760 feet of Goose Creek.
  • OCTOBER 27
    • M2017-18 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.
  • OCTOBER 24
    • NRS16.328 - The Tennessee Department of Transportation proposes to widen State Road 374 from South of Dunbar Cave Road to West of Stokes Road in Montgomery County. The project will permanently impact 1.36 acres of wetlands and replace 96 feet of reinforced concrete pipe with a 6’ X 4’ box culvert containing an unnamed tributary to the Red River. The culvert will encapsulate and additional 17 feet of stream and be followed with 30 feet of Class B riprap. The permanent wetland impacts will be mitigated by debiting 2.72 acres from wetland credits at the Yellow Creek Wetland Mitigation Bank. This activity requires a modification of an existing ARAP permit.
    • NRS17.173 - Crews Development proposes to fill 1.284 acres of low value wetlands and divert or riprap approximately 278 linear feet of a wet weather conveyance in order to construct a 37-home subdivision in Collierville (Shelby County). Wetland mitigation will be through the purchase of 2.6 credits from the Ducks Unlimited Mt. Tena Creek Mitigation Bank.
    • MMXVII-043 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
    • Notice of Decision for Individual Permit (NPDES-Mining Unit)
  • OCTOBER 20
  • OCTOBER 17
    • MMXVII-42 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
  • OCTOBER 16
  • OCTOBER 11
    • NRS17.229 - Bi-County Landfill in Montgomery County proposes to impact 0.39 acres of wetlands for borrow material to be used at the landfill. Impacts will be offset on-site through wetland preservation and creation. 
  • OCTOBER 10
    • MMXVII-41 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
    • NRS17.271 - Fort Campbell Military Installation proposes to temporarily breech three beaver dams through use of controlled blasting and to install one water control structure to allow for the seasonal drawdown of nine surface acres of open water wetland. 
  • OCTOBER 6
    • M2017-17 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.
  • OCTOBER 3
    • ​​NRS17.033 - Charles Spurlock proposes to conduct commercial in-stream gravel mining at two sites on the applicant’s property in Sycamore Creek in Robertson and Cheatham Counties.  
    • NRS17.119 - CSX Transportation, Inc. proposes to extend existing siding by constructing an approximately 9,500 foot track adjacent to the mainline. This project will extend existing culverts and relocate a portion of Norman Creek (Coffee County). Three years of monitoring is proposed to document the conditions of the relocated channel. As mitigation for the stream impacts, the applicant proposes purchasing 664 credits from the Tennessee Steam Mitigation Program (TSMP) in the Lower Tennessee Service Area. The purpose of this siding extension is to meet current CSXT standards for capacity and fluidity for railroad operations.    
    • MMXVII-40 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)