In accordance with state water pollution control and environmental protection laws, today, the City of Clarksville’s Gas, Water, and Sewer Department has applied to the Tennessee Department of Environment and Conservation for an Aquatic Resources Alteration Permit, (ARAP). The permit is sought as part of the utility’s plans to perform preparatory infrastructure work at the Hemlock Semiconductor project site.

With the application for the ARAP being formally posted on TDEC’s website, the public comment period is officially in effect. Any persons or parties interested in the details of the permit application or wishing to make comment on the proposed site alteration or wishing to request a public hearing should visit the TDEC website, for more information.

The permit application announcement

NRS09.187 – The City of Clarksville Gas and Water Department proposes to install 14,305 linear feet of gravity sewer line for the Hemlock Semi-Conductor Industrial site and future forecasted growth that will require five crossings of Spring Creek and four tributaries; Clarksville, Montgomery County.

The application described above has 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. 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.

To comment on this permit

The Tennessee Department of Environment and Conservation- Division Water Pollution Control can be reached by writing:

Landsat satellite data collected in 1987 and 2002 show (click to zoom) the growth of the Hobet-21 mountaintop mine in the Mud River watershed of West Virginia. The mine expanded across thousands of acres and produced one of the state’s longest valley fills when rock and dirt were placed into Connelly Branch. The center portion of the mine site had been partially reclaimed with grass (light green) as of 2002. [NASA images by Jesse Allen, based on data provided by the Global Land Cover Facility (GLCF).]

Nationwide permit (NWP) 21 was first issued in 1982, pursuant to section 404(e) of the Clean Water Act, to authorize structures, work, and discharges associated with surface coal mining activities, provided those activities were authorized by the Department of the Interior, Office of Surface Mining, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Each time since 1982 that the Corps reissued its NWPs, it also reissued NWP 21, often with modifications that were made after considering comments received in response to the various proposals to reissue that NWP.

Since NWP 21 was first issued in 1982, surface coal mining practices have changed, and surface coal mining activities in the Appalachian region has become more prevalent and as such has resulted in greater environmental impacts. Mountaintop surface coal mining activities increased because many of the remaining coal seams in the Appalachian region were less accessible to non-surface coal mining techniques. Since the late 1990s, there have been increased concerns regarding the individual and cumulative adverse effects of those activities on the human environment and the natural resources in this region, including streams and other aquatic resources.

The wholesale use of NWP 21 to authorize surface coal mining waste discharges has resulted in adverse environmental impacts that may be more than minimal on a cumulative basis. For this reason, the Corps now believes that impacts of these activities on jurisdictional waters of the United States, particularly cumulative impacts, would be more appropriately evaluated through the individual permit process, which entails increased public and agency involvement, including an opportunity for public comment on individual projects.

Public Comments

In accordance with the suspension and modification procedures provided in the NWP regulations, public comment is invited, and a public hearing may be requested. After evaluating all comments pertaining to the proposed suspension and modification that are received in response to this notice and any public hearings, the Corps will publish its decisions concerning the NWP 21 suspension and modification in the Federal Register. If NWP 21 is suspended, the suspension would remain in effect until NWP 21 is modified or expires, or until the suspension is lifted.

Written comments, including requests for a public hearing, must be submitted on or before August 14, 2009.

You may submit comments, identified by docket number COE–2009–0032, by any of the following methods:

• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (Attn: Ms. Desiree Hann), 441 G Street, NW., Washington, DC 20314–1000.
• Hand Delivery/Courier: Due to security requirements, the Corps cannot receive comments by hand delivery or courier.
• They will not accept e-mailed or faxed comments.

The Corp will post all comments on http://www.regulations.gov under docket number COE–2009–0032. Instructions: When submitting comments via http://www.regulations.gov, direct your comments to docket number COE–2009–0032. All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email.

The regulations.gov web site is an anonymous access system, which means they will not know your identity or contact information unless you provide it in the body of your comment.

If you submit an electronic comment by sending a CD–ROM to Corps Headquarters, they recommend that you submit those comments via overnight mail to ensure timely receipt. The Corps also recommend that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If they cannot read your comment because of technical difficulties and cannot contact you for clarification, then they may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses.

For access to the docket to read background documents or comments received, go to http://www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form.

For more information

See the U.S. Army Corps of Engineers’ Proposed Suspension and Modification of Nationwide Permit 21, or contact Ms. Desiree Hann or Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC. Ms. Hann can be reached at 202–761–4560 and Mr. Olson can be reached at 202–761–4922.

Editor’s note: Portions of the text in article have been taken from the U.S. Army Corp of Engineers’ Proposed Suspension and Modification of Nationwide Permit 21, and wording may have been modified for our summary.

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?

US Army Corps of Engineers logo

Although announced earlier this year as a project ready to get under way, the proposed Clarksville TEPPCO Refined Products Storage Terminal has yet to begin site construction. The project has not yet applied for a US Army Corps of Engineers Permit. This delay is unexplainable from the USACOE standpoint. While they have yet to receive the application, they do expect it to be submitted by year’s end (ten days from now).

According the USACOE, the permit process will be the same for the TEPPCO terminal as the Clarksville Marina Fairgrounds Redevelopment Project. Upon receipt 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.

In May, TEPPCO announced selecting Clarksville as the location for its West Tennessee distribution terminal. The terminal is to be a one of two such facilities TEPPCO Partners plans in Tennessee, along with a third site that present a $75 million dollar investment. TEPPCO’s press release stated that the Clarksville facility, along with another to be constructed in Clifton and a third to be located at a site yet to be determined, “represent the continued successful implementation of our strategy to develop a network of refined products distribution facilities along inland waterways in the southeastern United States.” All three sites, only two will be here in Tennessee, are touted as ventures “that will supply markets in Western Tennessee.” Also, “Combined the three new terminals are expected to have 800,000 barrels of storage capacity for gasoline, diesel, and biofuels and offer improved trucking logistics with supply provided by barge transportation.” And, “The initiative is projected to be completed during the first quarter of 2010.”

Clarksville City Water Intake Facility

At the outset, announcement of the TEPPCO terminal did raise citizens concern about its proximity to the city’s water intake point on the Cumberland River, the sole source of our drinking water supply. Citizens and residents of Beacon Hills had formed an opposition group to the terminal, questioning the site’s suitability and TEPPCO’s record of spills and contamination incidents and EPA fines. Prior to announcing its Clarksville selection, TEPPCO had paid six years of outstanding EPA penalties and fines in February. There was also concern about the capability of the 41-A Bypass to handle the increased heavy trucking traffic which would result from the terminal trucking operations. TDOT has declared that there are no plans to upgrade or otherwise fortify the roadway. TEPPCO did state that the terminal would not bring a large number of jobs to the community.

With the Marina Project and its newly added amenities, the acquisition of Hemlock Semiconductor and the vast investment they have committed to our community, the TEPPCO terminal could add to economic growth of the city. With the citizen objections raised at the outset, the status of this project stands as uncertain. As more information becomes available, Clarksville Online will endeavor to present it to our reading public.

See: “Location! Location! Location! Fuel storage on the Cumberland”

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.

On September 4, at 7:30 p.m., Dr. Andy Barrass, Department of Biology, Austin Peay State University, will present the Bat Recovery Program for Dunbar Cave. This program will be held at the APSU Sundquist Science center Complex D126 at 7:30 p.m.

Dr. Barrass will also host the October 2 program on the Mountain Top Removal Roadshow with Dave Cooper.This program is designed to educate the public about mountain top removal mining. The Mountaintop Removal Road Show includes a stunning 22-minute slide show about the impacts of mountaintop removal on coalfield residents, communities and the environment, and features traditional Appalachian mountain music and shocking aerial photos of decapitated Appalachian mountains.This program will start at 7:30 p.m.

The groups first annual potluck dinner will be held November 6 at Hilldale United Methodist in the Heritage Hall Room at the back of the church. 6:00 p.m.  The topic for the evening’s program will be Important Bird Areas and the Yucatan, presented by Scott Somershoe of the Tennessee Wildlife Resources Agency. Sommershoe will give a brief update on the Important Bird Area (IBA) program status in Tennessee and share a recent trip to the Sian Ka’am Biosphere Reserve in the Yucatan peninsula.

“We are working on data collection important for the IBA program, i.e. wading bird surveys, eagle monitoring, etc. I will discuss status and results of statewide monitoring programs. I will also provide an introduction to the Watchable Wildlife Website that I am developing through TWRA. Finally, I will talk about a very recent trip to the Yucatan peninsula, specifically Sian Ka’an Biosphere Reserve, to band birds for a research project.”

– Scott Sommershoe

On December 4, at 7:30 p.m., Richard Tippit of the U.S. Army Corps of Engineers will review the Corps’ Water Management in the Cumberland River basin.

National Hurricane Center map shows the projected path of Gustav, which is expected to be a Cat 3 or higher storm when it makes landfall. In its path, New orleans, which is already preparing to evacuate parts of the city.

Last week hurricane-savvy Floridians learned the kind of devastation a tropical storm, albeit a persistent one, can do. Fay ambled leisurely across the state with three landfalls and rain measured by the foot. Now tropical storm Gustav, currently cruising the shores of Cuba, is poised to hit the warm Gulf of Mexico waters and exploded into a Category 3, possible a Cat 4, storm before it rocks the coastline of east Texas or Louisiana.

Today is the 3rd anniversary of Katrina and its first levee breach. Louisiana  officials, fearing a repeat performance,  have already pre-declared a state of emergency for Louisiana and have 750 buses on tap to evacuate at least 30,000 people from the most vulnerable areas. The U.S. Army Corps of Engineers has faith in the levee repairs and rebuilding. But the fact is that New Orleans is a below sea level basin and is especially vulnerable to anything at or over a Cat 3 storm, especially if Gustave gets lazy and decides to hang around a bit. That’s what Fay did to Florida last week. Louisiana has activated 5,000 National Troops to deal with preparation for the storm and to do whatever needs to be done in its wake next week.

Texas followed suit with a disaster status for its eastern coast, and Mississippi, which will be on the stronger easterly side of the storm, has declared a state of emergency. All this nearly four days before the storm breaks over land. Offshore oil rigs are running with minimal crews and may be fully evacuated as the storm develops. The oil market is reacting to the potential disruption of the Gulf oil flow with a rise in crude oil prices.

The eye of the storm will pass west of New Orleans, but close enough to New Orleans that it will be a true test of just how well rebuilt levees and canals will do with that treacherous eastern edge of a storm.

New Orleans may be closing its floodgates at Lake Ponchatrain Saturday, putting a halt to Union Pacific and other rail traffic.  Union Pacific is the largest railroad in America, is routing trains through Memphis TN and St. Louis MO.

National Hurricane Center 5-day projection of wind from the Gulf storm, Gustav (left), and the Atlantic storm, Hanna

Complicating this picture is a second tropical depression, Hanna, churning up and gaining strength in the Atlantic. Hanna is nearing hurricane strength, and the five day cone puts it on an easterly track with a bend toward the Carribead Island by Monday.

National Hurricane Center five-day wind charts show Hanna’s winds overlapping Gustav’s by Monday, which could make from some interesting weather across Florida as the outer bands of these potentially giant storms collide.

Tennesseans need to be aware of Gustav’s approach, since hurricane winds and residual rain could drift up in the aftermath of a Louisiana landfall. We need rain; we probably don’t need a Fay-like deluge from a slow-moving or stalled storm.

Waiting in the wings, deep in the Atlantic waters, are two more areas  “of interest” that meteorologists are keeping an eye on.

While skeptics say Gustav isn’t even a hurricane yet, state and federal officials, having already watched Fay wreak havoc, are willing to look ahead with a conservative eye and prefer to err on the side of caution. No one wants a repeat of the Katrina tragedy.