Water

Rulemaking

October 25, 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

OCTOBER 17, 2017

The Division of Water Resources proposes the Aquatic Resource Alteration Permit (ARAP) Program guidance documents specifically related to in-system mitigation and application completeness listed below.

These guidance documents will be available for public comment until November 17, 2017.  

Please submit comments to Adam.T.Kelly@tn.gov.


Public Notices

  • NOVEMBER 17, 2017
  • NOVEMBER 14, 2017
    • 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, 2017
    • 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, 2017
  • NOVEMBER 7, 2017
    • 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, 2017
  • OCTOBER 31, 2017
    • 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, 2017
    • M2017-18 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.
  • OCTOBER 25, 2017
    • NR17MS-007 - Kopper Glo, LLC proposes to continue monitoring activities for wetland mitigation previously authorized and constructed under ARAP NR10MS.015.
  • OCTOBER 24, 2017
    • NRS17.241 - The Tennessee Department of Transportation is proposing to widen State Route 16 (Bedford County), impacting two streams (total 206 linear feet) and three wetlands (total 0.221 acres). Mitigation will be through third party compensatory mitigation. Streams will be mitigated through the Tennessee Stream Mitigation Program. Wetlands will be offset at the Coffee County Wetland Mitigation Bank.
    • 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.
    • Notice of Determination for individual Permit application (NPDES-Mining Section)
    • MMXVII-43 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
  • OCTOBER 20, 2017
  • OCTOBER 17, 2017
    • MMXVII-42 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program
  • OCTOBER 16, 2017
  • OCTOBER 11, 2017
    • 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, 2017
    • 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, 2017
    • M2017-17 - Notice of Public Participation Opportunity for Individual NPDES Permit Applications, Mining Section.
  • OCTOBER 3, 2017
    • ​​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)
  • SEPTEMBER 29, 2017
  • SEPTEMBER 26, 2017
    • NRS16.171 Notice of Determination - Mark Gant proposes to place rock for slope protection at Tennessee River mile 202. This activity would cause degradation of Exceptional Tennessee Waters above a de minimis level to accommodate important economic or social development in the area. 
    • Notice of Decision for Individual Permits (ARAP-Natural Resources Unit)
    • MMXVII-39 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.245 - Tennessee Contractors, Inc. proposes the discharge fill into 0.5 acres of wetland for the construction of a subdivision access road in Franklin (Williamson County). The applicant proposes to mitigate for unavoidable wetland impacts through the purchase of one wetland credit from the Swamp Road Wetland Mitigation Bank.
  • SEPTEMBER 22, 2017
    • NRS17.105 - The City of Bolivar proposes to widen a concrete ramp by 12-feet and lengthen the ramp by two-feet and pave an existing gravel parking lot in the Hatchie River as part of the “Just Say Hatchie” campaign. The access structure will tie into the bank by placing rock riprap for no more than 10-feet on either side of the ramp. Work will be conducted in the dry by installing a coffer dam around the work area.
    • M2017-16 - Notice Requesting Public Comments on Draft Permit Actions (Individual NPDES Mining Permits)
    • Notice of Decision for Individual Permit (NPDES-Mining Unit)
  • SEPTEMBER 19, 2017
    • NRS16.153 - The Morristown Utility Commission proposes to replace and reroute approximately 4,145 linear feet of gravity sanitary sewer parallel and adjacent to an existing 15-inch sewer main, resulting in six open-trench crossings of Spring Creek in Hamblin County.  If blasting occurs within 50-feet of Spring Creek, flowable fill will be placed to the bottom elevation of the adjacent stream plan, check dams will be placed at the downstream side of each crossing, and stream monitoring will be required.
    • Notice of Decision for Individual Permit (NPDES-Mining Unit)
    • TMDL (HUC-08010210) -  The Total Maximum Daily Load (TMDL) for E. coli in the Wolf River Watershed is now available for review.
    • MMXVII-38 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.194 - Fullen Dock and Warehouse, Inc. proposes to conduct maintenance dredging in the Mississippi River to allow barge access to docks during low-water periods. Dredging to a depth of 10’ in a 250’ x 1,000’ area will be conducted. The primarily sand deposits will be disposed in an upland area utilizing appropriate erosion and runoff controls and/or in a secondary gravel bar disposal site. Mitigation will include disposal of course sand deposits on the southeastern portion of the gravel bar to provide least tern breeding habitat during low-water periods.
    • NRS17.195 - Woodlawn Utility District proposes to construct a raw water intake on the Cumberland River in Montgomery County.
    • NRS17.244 - Dreamtech Homes LLC proposes to place fill in approximately 0.6 acres of wetland on an existing 3.6 acre constructed storm water cattail wetland in Hamilton County. Approximately 1.9 acres of the cattail area will be excavated for a stormwater pool and 0.5 acres contained in a berm. The applicant proposes to offset lost resource value through compensatory mitigation.
  • SEPTEMBER 12, 2017
    • MMXVII-37 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • SEPTEMBER 11, 2017
    • M2017-15 - Notice Requesting Public Comments on Draft Permit Actions (Individual NPDES Mining Permits)
  • SEPTEMBER 8, 2017
    • NR17MS-006 - Nyrstar–East Tennessee Mines, proposes to develop a water withdrawal from Beaver Creek in Jefferson County, TN.  This withdrawal is associated with mineral exploration drilling associated with the existing Nyrstar Young Mine facility.  
  • SEPTEMBER 6, 2017
    • NRS17.185 - Sevierville Investments LLC proposes to fill 0.44 acres of herbaceous wetland in Kingsport, Sullivan County. The applicant will compensate for wetland loss with the purchase of credits from the Shady Valley Wetland Mitigation Bank.
    • MMXVII-36 - 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)
  • SEPTEMBER 5, 2017
    • Notice of Decision for Individual Permit (NPDES-Mining Unit)
    • NRS16.185 - Hawkins County Government is proposing to rock riprap approximately 1,888 linear feet of the Holston River along the left descending bank in Laurel Run Park. Rock size will be an average of 36 inches and be placed along the toe of slope up to a maximum height of four feet. The banks will be sloped and planted with native trees and shrubs. The buffer zone will be approximately 50 feet wide from the top of bank with selected areas open for public access.
  • SEPTEMBER 4, 2017
  • AUGUST 29, 2017
    • NRS17.189 - Donald Jones proposes to stabilize 490 feet of eroding banks along Bradley Creek by sloping the banks at a 2:1 ratio, placing geotextile mat on the lower half of the bank, using the largest available riprap to stabilize the toe of the slope and smaller riprap up to half-bank, and planting the upper half of the bank with native riparian vegetation. Lost resource value will be mitigated through riparian buffer enhancement throughout the reach.  
    • NRS16.171 - Mark Gant proposes to construct rock toe protection along 2,500 feet of eroding riverbank at Tennessee River mile 203.1 (left descending bank), Kentucky Lake in Hardin County.
    • MMXVII-35 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • Notice of Public Hearing for TNG110000  General NPDES permit for discharges of process and stormwater runoff from ready mix concrete operations.  (Permit Data Viewer) (Conference Call Instructions)
    • NRS16.338 - The Dollywood Company proposes to encapsulate 1,045 linear feet of two unnamed tributaries to Middle Creek to accommodate a proposed facility expansion. The applicant proposes to mitigate through generating 1,551 credits with 2,168 linear feet of stream restoration, enhancement, and establishment along four unnamed tributaries to Middle Creek.
  • AUGUST 25, 2017
  • AUGUST 22, 2017
    • NRS17.102 - Alan Crow is seeking a §401 water quality certification that would authorize placement of structural riprap revetment along approximately 425 feet of streambank on Jones Creek in Dickson County.  A 35-foot native hardwood buffer will be maintained along the stream banks. 
    • MMXVII-34 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • AUGUST 18, 2017
    • Notice of Decision for Individual Permits (ARAP-Natural Resources Unit)
    • NRS17.117 - The Tennessee Department of Transportation is proposing to widen State Route (SR) 109 from north of SR-24 to south of Dry Fork Creek. This activity will impact five streams and six wetlands, all within the Old Hickory Watershed. Stream impacts total 467 linear feet. These impacts will be offset through permittee responsible mitigation in Smith County at the Duke Branch Restoration site. Wetland impacts total 0.630 acres and will be offset at a 2:1 ratio at the Swamp Road Mitigation Bank.
  • AUGUST 15, 2017
    • NRS16.289 - Teague Brothers Sand & Gravel Co., Inc. proposes re-issuance of its § 401 Water Quality Certification to dredge sand and gravel from the bed of the Tennessee River, Kentucky Lake between river miles 120.5 to 182 in Decatur, Hardin, Perry, and Wayne Counties, TN.
    • NRS17.054 - The Tennessee Department of General Services proposes installation of an 18’’ diameter HDPE fusible trunk line for approximately 35 miles from the Memphis Regional Megasite to the Mississippi River. The trunk line will cross an area containing 55 waterbodies (wet weather conveyances, streams, and wetlands), and terminate with an NPDES discharge to the Mississippi River. Stream and wetland crossings will occur through horizontal directional drilling (HDD), with the remainder of the line installed via open-cut trenching.  Consistent with the General Aquatic Resource Alteration Permit for Utility Line Crossings, activities are rendered de minimis when HDD is utilized following specific terms and conditions. The impacts are individually de minimis in each affected waterbody, and cumulatively de minimis as distributed through multiple stream segments and watersheds.
    • MMXVII-33 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • Notice of Public Hearing and Draft Permit –  Notice Requesting Public Comments on the Draft Permit Action for State of Tennessee, Department of General Services, Memphis Regional Megasite POTW, Haywood County, NPDES #TN0081906 and COMBINED Public Hearing for both the NPDES # TN0081906 and the Aquatic Resource Alteration Permit, #NRS17.054 for installation of the Memphis Regional Megasite outfall line from Haywood County to the Mississippi River in Tipton County.
  • AUGUST 11, 2017
  • AUGUST 8, 2017
    • NRS17.162 - Mr. Terry McCormack proposes to construct a riprap revetment along 405 feet of the Elk River in Giles County. The site is located near the confluence with Big Richland Creek. A 35 foot wide riparian buffer of seedlings will be established adjacent to the site.

    • NRS17.169 - The Cumberland River Compact proposes to stabilize approximately 280 linear feet of Manskers Creek. The proposed activity will involve bioengineering practices such as boulder toe protection, bank reshaping, live staking, and in in-stream boulder vanes. In addition, a 30-foot wide native riparian buffer will be planted along this section of stream. Construction of the boulder vane and toe protection will occur in the wet with equipment staged in channel. The restored area will be monitored annually for three years.
    • MMXVII-32 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
  • AUGUST 3, 2017
    • Notice of Decision for Individual Permits (NPDES-Mining Unit)
    • NRS17.153 - The Tennessee Department of Transportation proposes to widen State Route 14 from East of Old Covington Pike to State Route 385 in Shelby County. This project includes impacting 13 streams and 12 wetlands. As mitigation for the 12.04 acres of permanent wetland impact, the applicant proposes offsetting impacts at a 2:1 ratio, by restoring 24.08 acres at the Millington Wetland Mitigation Site. As mitigation for the stream impact the applicant proposes a combination of in kind, on site stream replacement, and debiting 962 credits from the Tennessee Stream Mitigation Program in the South Hatchie Obion service area.
  • AUGUST 1, 2017
    • MMXVII-31 - Notice Requesting Public Comments on Draft Permit Actions (Individual and General NPDES Permits, State Operation Permits & Pretreatment Program)
    • NRS17.078 - The Tennessee Department of Transportation proposes to riprap-line both banks and the bottom of 425 linear feet of Dunlap Branch (Blount County) while improving the intersection of State Route 115 and State Route 73. A total of 638 credits will be purchased from the Tennessee Stream Mitigation Program in the Upper Tennessee Service Area to offset impacts.
    • NRS17.086 - The Tennessee Department of Transportation proposes to construct a State Industrial access road to serve Volkswagen Group of America Supplier Park in Chattanooga (Hamilton County). The applicant proposes 240 additional linear feet of impact to three streams and 0.17 total acres of fill to four wetlands. Resource loss will be offset through compensatory mitigation.
    • NRS17.103 - The Tennessee Department of Transportation plans to relocate 302 linear feet (LF) of stream, encapsulate 219 LF of stream (one LF of stream loss), and fill 0.035 acres of wetland for improvements to SR 131 at Fairview Road and Thompson School Road in Knoxville. Stream impacts will occur on Beaver Creek. Mitigation for stream impacts will occur through the Tennessee Stream Mitigation Program at a 1.25:1 ratio in the Upper Tennessee Service Area.​