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Public Notice Tennessee Department of Environment and Conservation (TDEC) Division of Water Resources (DWR) Notice Requesting Public Comments on Draft Permit Actions FILE # NRS21.195 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: Adam Kelly, Tennessee Department of Environment & Conservation, Division of Water Resources, Natural Resources Unit, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 11th Floor, Nashville, Tennessee 37243, 615-253-5348, Adam.T.Kellyy@TN.ggov APPLICANT: Tennessee Department of Transportation (TDOT), 505 Deaderick St #900 JK Polk Building, Nashville, TN 37243 LOCATION: Pistol Creek, near Alcoa, Blount County, Latitude: 35.8151, Longitude: -83.9423. To view the proposed location of these impacts and the watershed condition, visit p://tdeconline.tn.ggov/dwr/ and search on the permit number or coordinates listed in this Public the Division’s mapviewer at http Notice. PROJECT DESCRIPTION / PURPOSE: The applicant proposes to breach a run of the river dam and drain the upstream impoundment on Pistol Creek near Alcoa, Blount County. Following the breach, the dam will no longer impound water or function as a dam. Approximately 9,644 linear feet of stream upstream of the dam will return to a naturally ﬂowing river system. The dam removal is authorized as permittee responsible mitigation to oﬀset stream impacts associated with the widening of SR-33 (NRS21.138), TDOT PIN 101416.00, in Union County, stream impacts associated with safety improvement along SR-71 (NRS21.220), TDOT PIN 119668.00, located in Knox County and partially oﬀset stream impacts associated with road improvements of SR-1, TDOT PIN 101244.03, located in Roane County. The dam removal project proposes to generate up to 2,608 functional feet credits at the end of a ﬁve-year monitoring period. ANTIDEGRADATION: In accordance with the Tennessee Antidegradation Statement (Rule 0400-40-03-.06), the Division has made the preliminary determination that the authorized activities, if compliant with the permit terms and conditions, including the performance standards and monitoring requirements found within the application materials and permittee responsible mitigation plan will result in no signiﬁcant degradation to water quality. 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.ppermits@ @tn.ggov. 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 Saul Castillo at 615-532-0462 or saul.castillo@ tn.ggov for more information. PUBLIC HEARING: Interested persons may request in writing that the Division hold a public hearing on this application. The request must be received by the Division within the comment period, indicate the interest of the party requesting it, the reason(s) a hearing is warranted, and the water quality issues being raised. When there is suﬃcient public interest in water quality issues, the Division will hold a public hearing in accordance with 0400-40-07-.04(4) (f). Send all public hearing requests to the attention of the permit coordinator at the address listed below or via email to water. permits@ @tn.g gov. Any scheduled public hearings will be advertised through a similar public notice process. 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 dataviewer at DWR Permits in TN::::: 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, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 11th Floor, Nashville, Tennessee 37243