The City of Clarksville and Montgomery County intend to submit a joint application for the 2009 Byrne Justice Assistance Grant in the amount of $486,980, with the funds to be shared $219,141 to the County and $267,839 to the City to be used for traditional law enforcement and crime prevention activities. Any person wishing to make a comment regarding use of funds is invited to attend a public comment period April 30th, 2009 at 1:00 pm.  This session will be held downstairs in the patrol briefing room at The Clarksville Police Department, 135 Commerce St., Clarksville, Tennessee.

NRS08.280 (Permit Application Number):  The City of Clarksville proposes to construct a public recreational boating facility to accommodate both transient and seasonal boaters with docks, service, fueling and sanitary pump out facilities. The rental dock provides 198 slips. In order to construct the facility 986,000 cubic yards of material will be excavated and impacts will occur to 6.655 acres of wetland and 1,104 feet of two unnamed tributaries to the Cumberland River, Clarksville, Montgomery County.

• Any resident or interested party having questions or objections concerning this project are now authorized to present their concerns in writing to TDEC.
• Any concerned party may also request that in addition to written communication, a public hearing be scheduled.

According to the TDEC website, the applications have been submitted for Aquatic Resource Alteration Permits under The Tennessee Water Quality Control Act of 1977, T.C.A. §69-3-108. In addition, a federal permit may be required from the U. S. Army Corps of Engineers or from the Tennessee Valley Authority under §404 of the Clean Water Act and §26a of the Tennessee Valley Authority Act , respectively. Section 401 of the Clean Water Act requires that an applicant must obtain a water quality certification from the state when a federal permit is required. These notices may cover applications subject to §401 or navigation permitting (Rule 1200-04-08).

No decision has been made whether to issue or deny these permits. The purpose of these notices is to inform interested parties of this permit application and to ask for comments and information necessary to determine possible impact to water quality. Persons wishing to comment on a proposal are invited to submit written comments to the department (address at end of story). Written comments must be received within thirty days of the date that the 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. The permit application, supporting documentation including detailed plans and maps, and related comments are available for review and/or copying at the department’s Natural Resources Section.

Interested persons may also request in writing that the department hold a public hearing on an application. The request must be filed within the comment period, indicate the interest of the person requesting it, the reasons that the hearing is warranted, and the water quality issues being raised. When there is sufficient public interest in water quality issues, the department shall hold a public hearing in accordance with Rule 1200-4-7-.04(4)(f).

In deciding whether to issue or deny a permit, the department 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 potential lost value of the resource compared to the value of any proposed mitigation. The department shall consider practicable alternatives to the alteration. The department 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.

The Tennessee Department of Environment and Conservation is committed to principles of equal opportunity, equal access and affirmative action. Contact the EEO/AA Coordinator at 1-888-867-7455 or the ADA Coordinator at 1-866-253-5827 for further information. Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298).

Submit comments to: TDEC Division of Water Pollution Control – Public Notice Comments

Paul E. Davis, P.E., Director
6th Floor, L&C Annex
401 Church Street
Nashville, TN 37243-1534
Ph: 615-532-0625

The permit number is NRS08.280

Email the Division of Water Pollution Control at: ask..us. Remember to include the permit application number and date of posting, March 11, 2009, in your correspondence.

The ongoing saga of the city of Clarksville efforts to construct a marina on the Cumberland River at Fairgrounds Park continues to astound. Having secured funds well in excess of the specified required amount, laying an enormous debt on the taxpayers in the process, the city is apparently stumbling along in baby steps to compile the paperwork needed to gain the federal and state permits to allow the construction to take place at all. All the while the public is being told these are great strides in advancing the dream of a marina into a reality.

2009 Clarksville City Council

Recently, the City of Clarksville announced that excavation bids would be sought by May, 2009, for some excavation to begin at the fairgrounds in July of this year, with Marina construction to be completed by October, 2010.

On February 18, 2009, CO Author Turner McCullough Jr. received the following communication from U.S. Army Corps of Engineers Conservation Biologist Tadd Potter in response to six questions asked of the USACOE:

Mr. McCullough:

Below is our response to your questions.  I hope you find them to be helpful.  Please contact me if you need clarification or have additional questions.

1. Yes, the City of Clarksville needs USACOE prior approval and permission to construct a marina on the Cumberland River at the current Fairgrounds Park location in Clarksville.

2. No, a completed application has not been received by USACE. We still have not received a mitigation plan for the wetland and stream impacts.  The City of Clarksville is currently under negotiations.

3. Currently, our Real Estate Division has the application, minus a mitigation plan.  Until we have received a complete application, a detailed review will not begin.

4. A public notice has not been issued.

5. No approvals have been given by the USACOE to the City for the construction of a marina

6. Corps approval is required for work within corps flowage easement, on  Corps land, within the Cumberland River or fill in wetlands. The City could possibly begin work in areas outside of Corps jurisdiction; however; that would be at their own risk.  There is no guarantee that Corps permission would be granted for a marina facility.  In addition, there are state approvals required for land disturbance activities and excavation in wetlands.

Please understand that this action will take some time before a decision to approve or disapprove is issued.  The coordination process is rather extensive even though the site is already outgranted to the city.

Tadd Potter

It is lamentable that this charade passes as civic-minded advancement for the people of Clarksville. The requirements before the city were reported on this media outlet as far back as November 17th, 2008, then again on December 17th/22nd,’08 and  January 7th, which the city was not admitting. Those deficits remain in place and will not be waived nor overlooked. What’s that old saying, “No job is complete until the paperwork is done.” Well that is most certainly true here. For those that missed it, here’s a reminder:

“In further development, it was learned that the city has taken on a total of $36 million dollars of debt in the fairgrounds marina redevelopment project. The council approved three resolutions approving $32, 324,000 dollars of new leveraged debt to fund the project. Council members explained that bond issues attached to the project’s leveraged debt bonds raised the total debt level to $36 million dollars.”

According to official US Army Corps of Engineers communication of February 17th, the city’s application is still on hold, pending receipt of all required information and documents necessary for a complete application. They have received a signed lease agreement with the marina operator. What remains is the proof of purchase and ownership of land to be used in the wetlands mitigation requirement to offset the wetlands to be lost at the marina excavation site (ED: the Southpoint land the city is attempting to buy?). The application would then be reviewed for completeness and then considered by three separate subdivisions within the Corps. A public notice will be issued when the application is favorably reviewed for completion. Additionally an environmental assessment must then be conducted, before the application will be considered for approval. This is a time intensive process that would not allow for the mayor’s declared start date of this July, much less his stated completion date of 2010. This is standard procedure for the Corps. As it also is with the Tennessee Department of Environment and Conservation, to which the city has not submitted any paperwork whatsoever.

“According the USACOE, the permit process for the Clarksville Marina Fairgrounds Redevelopment Project- Upon receipt of a complete application:

• with the submission of a complete application, an application review will be conducted.
• a public notice will be issued and public comment period would be declared where public questions, objections and concerns will be studied.
• Following the resolution of the public comment and issues, an environmental assessment will have to be conducted and any issues and concerns resulting from that analysis would have to be resolved.
• The USACOE would then consider issuing a permit.’”

– Turner McCullough Jr., CO 11.17.08/12.17.08/12.22.08/01.07.09

The city is also required to get permit approval from the Tennessee Department of Environment and Conservation’s Aquatic Resource Alteration Permit Office. As of Wednesday, February 17th, no application from the City of Clarksville was on file and a review of their permit listing showed no such permit has been issued.”

The facts are out there for those wishing to actually know what is required and where we stand as a city seeking to gain these permits, without which, we can’t proceed. There was a mad rush to secure funding, the money, without an equally excited rush to secure required administrative approval for the actual construction.

The Army of Corps of Engineers welcomes public inquiry. So does the Tennessee Department of Environment and Conservation. Their process is open and above board. Anyone is welcome to make inquiry and information is gladly and freely given. Council members should educate and inform themselves individually of these permit requirements and a realistic time frame for meeting those requirements. They approved this new debt now being borne by the taxpayers. They are responsible to see that it is justified and correctly expended.

The city administration is not playing honestly with the people. Shouldn’t they be held to account? Wouldn’t you be, if you were responsible for this kind of confusion at your job?

Clarksville Online has learned that the US Army Corps of Engineers, [USACOE], has not issued the City of Clarksville a permit for dredging operations at the Fairgrounds. Without that permit, no dredging action can take place. The corps received the city’s Clarksville Fairgrounds Marina Application in late November, but it was lacking required information. The permit process is presently on hold. The USACOE expects to receive that information and issue a public notice within the next few months. This will mark the beginning of the process to obtain the dredging permit that will signal the start of construction for the marina.

As outlined in the marina/fairgrounds redevelopment plan resolution approved by the Clarksville City Council at its December 1st Special Session meeting, the city will fund the dredging of the land, install utilities and upgrade road access to the marina development. A private business enterprise will develop the actual marina and its operations.

In November, Mayor Johnny E. Piper unveiled a new addition to the marina layout with the inclusion of a water park added to the other listed amenities of a pavilion, three sports fields, a dog park and arboretum already proposed for the marina complex. There is also a proposal for waterfront condominiums as well. With the addition of the water park, the price tag for the marina project escalated to $32 million dollars. It was proposed that the city leverage three existing loans for an additional twenty-five years, via the Tennessee Municipal Bond Fund, to gain the funds to pay for the marina project.

The marina is the most ambitious development project to have been proposed for Clarksville in quite some time, if not its entire history. Proper planning and execution will be crucial to its success. As taxpayer money is involved in this joint public/private enterprise, the public has a right to be kept informed of the progress made at every juncture of this project. That includes every delay as well. We’ve been saddled with a $32 million dollar debt stake in this project and openness of the process is essential to public trust.