Environmental Assessment Spillway Gate Replacements Center Hill Dam and Reservoir April 2021

For Information, Contact: Chip Hall, Biologist U.S. Army Corps of Engineers Nashville District

110 9th Avenue South Room A410 Nashville, Tennessee 37203-3817 Telephone: (615) 736-7666 Email: [email protected] Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Table of Contents Summary ...... 1 SECTION 1 – PROJECT DESCRIPTION ...... 1 1.1 Authorization ...... 1 1.2 Purpose and Need ...... 2 SECTION 2 – PROPOSED ALTERNATIVES ...... 3 2.1 No Action Alternative (NAA) ...... 3 2.2 Proposed Action Alternative (PAA) – Replace Spillway Gates ...... 3 SECTION 3 – ENVIRONMENTAL SETTING AND CONSEQUENCES ...... 5 3.1 Recreation and Scenic Resources ...... 6 3.2 Water Quality and Aquatic Recourses ...... 7 3.3 Flood Risk Management ...... 9 3.4 Climate and Physiography ...... 10 3.5 Terrestrial Resources ...... 10 3.6 Federally Listed Species...... 12 3.7 Cultural Resources ...... 14 3.8 Hazardous, Toxic, and Radioactive Waste...... 15 3.9 Health and Safety ...... 15 3.10 Socioeconomics ...... 15 3.11 Air Quality...... 16 SECTION 4 – STATUS OF ENVIRONMENTAL COMPLIANCE ...... 16 4.1 Clean Water Act ...... 17 4.2 National Historic Preservation Act...... 17 SECTION 5 – PUBLIC AND AGENCY COORDINATION ...... 17 5.1 Scoping Letter and Responses...... 17 5.2 30-Day Public Review of the Environmental Assessment...... 17 SECTION 6 – CONCLUSIONS ...... 17 SECTION 7 – REFERENCES ...... 19

i Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Figures Figure 1. Project Vicinity Map...... 2 Figure 2. Proposed Laydown Area ...... 4 Figure 3. Conceptual Work Platform and Barge ...... 5 Figure 4. Proposed Laydown Area, Road Access, and Launching Ramp ...... 12

Tables Table 1. Federally Listed Species Recorded Near Center Hill Dam ...... 13 Table 2. Environmental Compliance...... 16

Appendix A – Scoping Notice and Mailing List Appendix B – Clean Water Act Documents Appendix C – National Historic Preservation Act Compliance Appendix D – Unsigned Finding of No Significant Impact

ii Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Acronyms

CEQ – Council on Environmental Quality CEN – Center Hill Dam and Reservoir CFR – Code of Federal Regulations DO – Dissolved Oxygen EA – Environmental Assessment ER – Engineer Regulation ESA – Environmental Species Act FEA – Finite Element Analyses HTRW – Hazardous, Toxic or Radioactive Waste NAA – No Action Alternative NAAQS – National Ambient Air Quality Standards NEPA – National Environmental Policy Act NHPA – National Historic Preservation Act NRHP – National Register of Historic Places PAA – Proposed Action Alternative TWRA – Tennessee Wildlife Resource Agency USFWS – U.S. Fish and Wildlife Service WOL – Wolf Creek/Lake Cumberland Dam and Reservoir

iii Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Summary The US Army Corps of Engineers-Nashville District is proposing to replace the tainter gates (gates that allow water to spill over the dam) at Center Hill Dam/Reservoir (CEN) in Dekalb County, near Lancaster, Tennessee. Center Hill Dam in combination with Wolf Creek Dam/Lake Cumberland (WOL), in Kentucky, control 63% of the drainage area above Nashville, TN, and their combined operation significantly reduces flood risk in the Middle Tennessee region, as their combined storage capacity is 8 million acre-feet (2 million at CEN). CEN has 8 tainter gates that control water flow through the spillway. The tainter gates are conventional non-overflow radial type gates with a radius of 32.5 feet. Each tainter gate measures 50 feet wide and 37 feet tall. As tainter gate design criteria was updated based on trunnion friction issues experienced at other dams around the world, the need for project-specific structural analysis of tainter gates in the Nashville District was recognized. The analyses proved that critical members of the Center Hill gates were undersized and subject to overstress.

Information for this Environmental Assessment (EA) was collected from federal, state, and local agencies and websites. The EA examines potential effects of the Proposed Action Alternative (replace all 8 tainter gates and the No Action Alternative (repair gates as malfunctions occur in the future). Resources that are examined or evaluated for potential effects include, but are not limited to recreation and scenic resources, aquatic resources and water quality, flood risk management, wetlands, navigation, climate, physiology, terrestrial resources, threatened and endangered species, cultural resources, hazardous toxic and radioactive waste (HTRW), human health and safety, socioeconomics, and air quality.

Agency coordination and compliance issues have been identified and initial contacts made with appropriate agencies. Input through scoping and public coordination has been conducted to solicit any public or resource agency concerns that may need to be considered in preparation of the EA.

SECTION 1 – PROJECT DESCRIPTION 1.1 Authorization The CEN project was authorized as a part of the ultimate plan for development of the water resources of the Cumberland River Basin by the Flood Control Act of 1938 (Public Law 761, 75th Congress, 3rd Session) and the Rivers and Harbors Act of 1946 (Public Law 525, 79th Congress, 2nd Session). This EA is being conducted under the Corps’ ongoing operation and maintenance authorities.

This document serves to evaluate the impacts of the proposed spillway gate replacements at Center Hill Dam/Reservoir in Dekalb County, Tennessee near Lancaster. This EA was prepared by the Nashville District pursuant to the National Environmental Policy Act (NEPA), Council for Environmental Quality (CEQ) regulations (40 Code of Federal Regulations (CFR) 1500-1508), and the Corps’ Engineer Regulation (ER) 200-2-2, “Policies and Procedures for Implementing NEPA”.

iii Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Figure 1. Project Vicinity Map.

1.2 Purpose and Need CEN is a large, high head dam located near Lancaster, Tennessee at Caney Fork River Mile 26.6 (see Figure 1). It controls runoff from a drainage area of 2,174 square miles. The dam is a combination earth fill and concrete structure 2,160 feet long and 250 feet high, with a gated spillway structure. The Center Hill Dam’s tailwater extends 26.6 miles to the junction of the Cumberland River/Old Hickory Lake at Cumberland River Mile 309.2, just over four miles below Cordell Hull Dam. Construction began in March 1942 and was delayed for three years by World War II. Dam closure was started 27 November 1948 and filling the reservoir was completed December 1949. The first power unit was placed in commercial production in December 1950. There are 8 Tainter gates at CEN that control the flow of water through the spillway.

The Tainter gates are conventional non-overflow radial type gates with a radius of 32.5 feet. Each Tainter gate measures 50 feet wide and 37 feet tall. Each gate is operated by a chain linkage attached to an electric motor. The gates are comprised of a radial skin plate supported by WT ribs, three built up horizontal girders and end frames composed of three wide flange strut arms. The end frames terminate at the trunnion assembly, which is anchored to the concrete trunnion girder. The end frames are braced at three points along their length. The horizontal girders are braced with cross bracing on the downstream flange.

Due to trunnion friction issues, a Finite Element Analyses (FEA) was performed for the Tainter gates at CEN as well as at WOL. The FEA indicated that the gates at both projects cannot be

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

safely operated when the head is greater than 65% of the height of the gate, as critical members are undersized and subject to overstress.

A high pool event occurred at WOL due to record rainfall in February 2019. This event required the gates to be operated with heads exceeding 65% of the gate height, exceeding permissible structural stress limits in accordance with engineering manuals (approximately 83% at WOL Dam). After these operations, the Corps performed visual inspections of the gates to assess any damages that may have occurred. Deformation of the trunnion arms was observed on 2 of the 10 spillway gates at WOL Dam. It is likely that the observed deformation occurred as a result of the February 2019 flood operations. Functioning spillway gates are a requirement for a dam to function safely.

CEN Dam also has Alkaline Aggregate Reaction growth issues that causes the concrete to expand. The concrete expansion causes issues with machinery alignment as seen with the pinion gear and bull gears used to lift the gates. Concrete expansion can also cause increased friction on areas like the J-seals which are large rubber side seals along the gate that keep the gate from leaking water on the sides. Many of the J-seals on the gates had been torn off in large areas or damaged. On gate 7, the pin holding one side of the gate rotated sheering the keeper plate leading to uncertainty with increased trunnion friction forces which had kept the gate from being used until it was fixed in Jan 2021. The gates must be restored to full operability in order to ensure the authorized flood risk management capabilities of this project are continued to be realized.

SECTION 2 – PROPOSED ALTERNATIVES 2.1 No Action Alternative (NAA) The NAA is defined as repairing/replacing spillway gates as they fail within the constraints of normal operation and maintenance timing and budget. This would mean that gates may fail during critical operation events such as flood operations. This alternative is not acceptable due to the risk of gates not being operable during flood operations and the potential impacts that would come from such a scenario. However, in accordance with NEPA, this alternative is included in the alternatives analysis to establish a baseline condition for existing human and natural environmental conditions, to allow comparison between future with and without project actions, and to determine potential environmental effects of proposed project alternative(s).

2.2 Proposed Action Alternative (PAA) – Replace Spillway Gates The PAA would be to replace all 8 spillway gates at Center Hill Dam over 8 years at the typical rate of 1 per year. The following would be included in replacing the gates:

• Use of an existing disturbed area adjacent to the Auxiliary Dam on the right descending bank of Center Hill Dam for a construction laydown/staging area (see Figure 2) • Minor tree removal along an existing launch ramp, modification of the existing launch ramp to facilitate launching heavier equipment (vegetation would be mulched not burned) • Temporary installation of work platforms on top of dam, including drilling anchor holes and epoxying anchors into concrete (see Figure 3) 3

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

• Temporary placement of stoplog structures that remain during installation of new gates/removal of existing gates that could prevent potential water flow through the spillway opening(s) during construction • Lead abatement due to partial removal of existing gate components • Use of a floating plant (work barge) w/ crane (see Figure 3) • Reducing traffic on Cove Hollow Road (Highway 96) to one lane for the duration of each construction season (approximately 5 months) and occasional full closure up to 24 hours, not on the weekends

Figure 2. Proposed Laydown Area

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Figure 3. Conceptual Work Platform and Barge

SECTION 3 – ENVIRONMENTAL SETTING AND CONSEQUENCES This section discusses the existing conditions by resource category and any potential environmental impacts associated with the NAA, as well as with implementation of the PAA.

The Corps analyzes the potentially affected environment and degree of the effects of the action to determine if the effects of the alternatives are significant in accordance with 40 CFR § 1508.1(b). To determine the degree of the effects, the Corps considers the following:

• both Short- and long-term effects • both beneficial and adverse effects • effects on public health and safety • effects that would violate Federal, State, Tribal, or local law protecting the environment.

The Corps uses quantitative and qualitative analyses, as appropriate, to determine the level of potential impact from proposed alternatives. Based on the results of the analyses, this EA identifies whether a particular potential impact would be adverse or beneficial, and to what extent.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.1 Recreation and Scenic Resources Existing Condition: Recreation was not originally an authorized project purpose at Center Hill Dam. Section 4 of the 1944 Flood Control Act established development of the recreational potential at federal water resource projects as a full project purpose. Recreation has become a major factor in the regional economy. Because of the temperate climate and relatively long recreation season, visitors have many opportunities to fish, hunt, camp, picnic, boat, canoe, hike, and enjoy the outdoors. Center Hill Lake supports 8 recreation areas, 15 minor access areas, 4 campgrounds, 9 marinas, 2 group camps, 3 state parks, and 3 picnic areas with 214 picnic sites.

The Caney Fork tailwater sustains a well-known put-and-take trout fishery. Fishing and boating, particularly trout fishing and canoeing, are the major activities accounting for recreation. According to the Corps Visitation Estimation and Reporting System in 2019, CEN Dam/Reservoir received a combined Day/Overnight visitation use of approximately 1.1 million visits.

Existing noise in the study area is associated with background traffic noises a major highway (Cove Hollow Road/Highway 96). Additional noise producers would include motorboat operation.

Alternative Impact: The PAA would not involve any long-term impacts to recreational resources. Traffic restriction to one-lane on Cove Hollow road crossing the Dam may discourage individuals from recreating in the location, however, the restriction has been deployed in this location for many years due to unrelated construction associated with the Major Seepage Rehabilitation Project that has been ongoing since approximately 2008. The road closures would only occur during the construction period (approximately 5 months, July to December) and therefore would be temporary in nature. Occasional full road closures would not exceed 24 hours and would not occur on the weekends or holidays. No operation changes would be associated with the PAA. Therefore, recreation impacts due to the PAA would be considered minor and temporary. The PAA would cause temporary increases in noise from machinery and equipment during construction. Construction will only occur during daylight hours and will abide by local noise ordinances. These impacts would be temporary and would not result in significant or long-term adverse impacts.

Under the NAA, gates could fail over time. The gates would be repaired however, it is possible that multiple gates could be impacted at a time. Reservoir operations could be impacted or require altering under that scenario. Recreation could be impacted due to potentially lowering the reservoir management levels, reducing or increasing water flow through generators in order to maintain water levels, etc. These adverse impacts would likely be considered significant.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.2 Water Quality and Aquatic Recourses Existing Condition: CEN is managed in conjunction with nine other Corps projects for hydropower, flood control, and maintaining flows through the Cumberland River Basin. Drainage area for the reservoir is approximately 2,174 square miles. At the flood control pool elevation of 685 mean sea level (msl) the lake encompasses 23,060 acres and has a volume of 2,092,000 acre-ft. The theoretical time water remains in the lake prior to discharging through the dam is 138 days (Corps 2010).

Hydrology below the dam is dependent upon discharges from the dam. Tailwater releases from deep within the lake’s water column result in a cold-water stream environment that is now a popular trout fishery.

Water Quality Center Hill is a deep, clear lake, which undergoes strong thermal stratification from mid spring until mid-fall. It is not uncommon to have lake depths exceed 100 feet in some areas. The main channel of the lake tends to be mesotrophic, while the major embayments are eutrophic. During the period when the lake is stratified, depletion of dissolved oxygen (DO) occurs below the epilimnion in the major embayments with large inflows and in the metalimnion (thermocline) and benthic zones of the main channel. The main channels of the lake tend to be mesotrophic, while the major embayments are eutrophic (nutrient rich). During the period when the lake is stratified, depletion of DO occurs below the epilimnion in the major embayments with large inflows and in the metalimnion (thermocline) and benthic zones of the main channel. DO levels are too low to sustain most fish and invertebrate life below the epilimnion in these embayments.

Except for low DO during the stratified periods, the quality of releases through CEN is good since this water is largely drawn from water deep in the water column. Although the cold water is low in dissolved and settleable solids, it can be low in DO, primarily in the summer and early fall. Turbines have been modified with hub baffles and air supply lines to increase DO levels of the water released below the dam. Additional usage of sluice gates, which release water at different elevations, thereby having different levels of DO and temperature, have also been incorporated to address DO concerns. There are no known pollutants in the releases.

Rainfall affects the water quality of the reservoir and tailwater releases. High inflows (from rain events) reduce the retention time in the lake. Temperatures of this water are usually warmer as it has not remained within the reservoir. During dryer times with less rainfall, water is retained for longer periods, thus allowing water temperature to decrease during storage.

Several cities surrounding Center Hill Lake use the reservoir as their municipal water supply. These include DeKalb Utility District, City of Smithville, City of Cookeville.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Aquatic Resources The Tennessee Wildlife Resources Agency (TWRA) has primary responsibility for fisheries management at CEN. CEN supports a warm and cool-water fishery. Major game species include black bass (Micropterus spp.), sunfish (Family Centrarchidae), walleye (Stizostedion vitreum), and catfishes (Ictalurus spp.). The cold hypolimnetic water supports a trout fishery below the main dam in the Caney Fork River tailwater. The tailwater flow is maintained by upper and lower leaks in the right rim, and supplemental releases from the orifice gate, sluice gate, and/or service station generator when no water is released from hydropower. TWRA has primary responsibility for fisheries management in the lake and tailwater.

Presently, the fish community in the tailwater is composed of remnants of the pre-impoundment populations, but include artificially propagated, stocked rainbow and brown trout, and species reaching the tailwater by way of entrainment from the lake during operation of the turbines and spillways. For example, the black crappie (Pomoxis nigromaculatus), which was stocked in the Center Hill reservoir, now occupies the tailwater. Entrained gizzard shad (Dorosoma cepedianum) and threadfin shad (Dorosoma petenense) and rough fish species, including carp (Cyprinus carpio) and buffalo (Ictiobus spp.) are sometimes observed. Other fish species observed include walleye (Stizostedion vitreum), white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis), and redhorse (Moxostoma spp.). Invertebrate populations of the tailwaters increase in diversity in direct proportion to distance from the dams. The species found nearest the dams are akin to communities occurring in natural springs. Isopods of the genus Lirceus, amphipods (Gammaridae), and midges (Tendipedidae) are the most frequently encountered groups. Mayflies (Ephemeroptera), stone flies (Plecoptera), and caddisflies (Trichoptera), crayfish (Decapoda), and small populations of freshwater mussels (Unionidae) are present in the downstream reaches.

Alternative Impact: Negligible amounts of material may be discharged from activities such as drilling anchors, etc. Temporary fill below the summer pool elevation would result from the placement of the work platform. These discharges would be kept to a negligible amount using construction best management practices. Road and launching ramp improvements on the right descending bank may be required in order for launching. It is anticipated that these improvements would be minor and would fall within the restriction as outlined under the Corps Nationwide permit number 3, Maintenance. No temporary or permanent reservoir operation changes would be required for the action. Replacement of the spillway gates would have no effect in reservoir releases, therefore they would neither beneficially nor adversely affect reservoir releases. Under the NAA, malfunctioning/damaged gates would still have to be repaired or replaced in the future. Therefore, impacts would potentially be the same or similar as the PAA. Therefore, there would be no significant adverse effects to aquatic resources or water quality from the PAA or NAA.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.3 Flood Risk Management Existing Condition: Flood Risk Management is one of the originally authorized project purposes. The project is an integral part of the coordinated system for flood protection in the Cumberland and Ohio River Valleys. Barkley, J. Percy Priest, Center Hill, Dale Hollow, and Martins Fork Dams were also partially justified on the basis of flood damage reduction. Cheatham, Old Hickory, and Cordell Hull were not designed for flood control. Nevertheless, all of the lakes are necessarily operated as a single system. The Cumberland River system must also be coordinated with the Tennessee River system operated by the Tennessee Valley Authority, particularly as Lake Barkley and Kentucky Lake are connected by an uncontrolled canal. These two rivers are, in turn, coordinated with the Ohio and Mississippi River flows.

There are two distinct modes of operation relative to flood regulation: 1) Normal flood operation where outflows are reduced to provide flood protection to Carthage, Tennessee and other points downstream including the primary damage center of Nashville, Tennessee; and, 2) Emergency flood operation where downstream flood reduction is an objective, but protection of the dam structure is the prime concern (Corps, 1998).

The general result of such regulation is a seasonal variation in the reservoir surface elevations. The general pattern is to lower the reservoir to near the bottom of the power pools (EL 623.5) by November. Winter and spring runoff events result in peak reservoir surface elevations between April and June. Floods are held in the reservoirs until the Cumberland River water levels recede to non-damaging levels at which time the flood storage volume is discharged. Then, beginning in June, the reservoir level is gradually lowered throughout the summer and fall in preparation for flood storage to capture winter and spring storm events (see Figure 3). Releases are usually made through the turbines for power production. This routine operation has significantly reduced flood stages at Nashville, Tennessee, the major damage center on the river, and has contributed to flood damage reduction as far downstream as the lower Mississippi River. Since its completion, Center Hill Dam has prevented $35.5 million per year in flood damage.

Alternative Impact: Under the PAA, there would be no plans to change the current Water Control Manual, therefore, flood risk management operations should continue as is, unaffected.

Under the NAA, flood risk management operations would be unaffected as long as the spillway gates could function properly. However, if an extreme flood event were to occur and if the spillway gates did not function properly, complete operational options could no longer be available. Potential adverse impacts could be very extreme. Failure of one or more gates during a high pool event would allow for a sudden release of water up to 41,000 cubic feet per second, per gate opening, posing non-breach and economic risks to downstream population, properties, and infrastructure. Failure of a gate would prevent the project from being able to store water during subsequent high pools until a replacement gate could be installed effectively reducing Flood Risk Management storage by 39% at WOL and 36% at CEN.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.4 Climate and Physiography Existing Condition: Climate The climate of the area is distinctly continental with moderate temperatures averaging about 60°F (degrees Fahrenheit) and on occasion, exceeding 100°F or falling below zero °F. The length of the average growing season is about 210 days, extending from early April to the end of October. Annual precipitation for the basin averages 48 and 56 inches (EPA Ecoregions, 2004). Climate has been highly variable in Middle Tennessee. Droughts do not pose a serious threat to any of the alternatives. However, extreme floods are a serious threat. Changing weather patterns could exacerbate and increase the frequency of droughts and floods in the region.

Physiology, Geology, and Topography Center Hill Reservoir is located within two physiographic provinces of Central Tennessee designated as the Central Basin and the Highland Rim. The Central Basin is a nearly elliptical area enclosed by the Highland Rim. The Central Basin was formed by erosion of the Nashville Dome, a low structural dome that makes up the structural and geographic center of the Basin. The dome represents the southern end of the Cincinnati Arch, an elongated area of up-warped rocks that extend into Tennessee. During the up-warping and doming, the rocks at the crest of the dome were stretched, resulting in the formation of joints. The weakened carbonate rocks were readily subject to solution and erosion, resulting in a topographic basin that now occupies the top of the structural dome. The Basin is characterized by calcium carbonate sedimentary rocks of Ordovician age. These sedimentary rocks comprising the Central Basin include limestone, shale, dolomite, siltstone, sandstone, and claystone. The Highland Rim is a ring- shaped hilly upland completely encircling the Central Basin. It stretches from the western margin of the Cumberland Plateau southward and westward as far as Kentucky Lake. Terrain is a level to rolling plateau with soil cover varying from 20 to 100 feet thick. Bedrock is flat-lying limestone of Mississippian origin. Numerous rock outcrops and sinkholes are present in this region. Sinkholes are formed by the collapse of underground cavities dissolved out of limestone by the flow or percolation of subsurface water streams and seepages. In areas where such sinks are common, the terrain is referred to as karst topography.

Alternative Impact: Under the NAA and PAA, no activity would have effects on climate or physiography.

3.5 Terrestrial Resources Existing Condition: Vegetation Land usage in the drainage basin above the dam consists of forestry, mining, agriculture, urban, industrial, and recreational uses. Runoff from these land uses directly affects the water quality of the lake. Mining, agriculture, and urban development in particular contribute nutrients that affect the oxygen requirements of the water.

Prior to acquisition by the federal government, the land now surrounding the lake was extensively lumbered, farmed, and grazed. As a result of these land uses, the quality of the forest 10

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District surrounding the lake was reduced significantly. Because of the change in land practices brought about by federal management, good stands, particularly of yellow poplar (Liriodendron tulipifera), now occupy the heads of coves and abandoned fields. The lake receives a high degree of recreational use. Conversely, where the terrain is steep around the lake, most of the public lands receive very little use. Undeveloped public lands predominantly consist of maturing mixed hardwood forests, which are separated from open fields on adjacent private property by borders of fencerows lined with secondary growth. A small percentage of the lands are leased to adjacent landowners for hay and/or grazing purposes and provide a small amount of open field habitat.

Erosion of the riparian zone is common along the tailwater. While heavy erosion is a problem, its effects are unknown. TWRA has speculated that as the Caney Fork River is sediment poor due to settling of sediment by the reservoir, some of the sediment from the Smith Fork may be beneficial (TWRA 2003).

Wildlife Corps property around the dam and nearby park land is managed to promote beneficial habitat conditions for both game and non-game wildlife species. The area consists of both forest and open areas. These areas provide habitat for game species such as white-tailed deer (Odocoileus virginianus), wild turkey (Meleagris gallopavo), eastern cottontail (Sylvilagus floridanus), squirrel (Sciurus spp.), and beaver (Castor canadensis). Open space creates wildlife openings by encouraging herbaceous and shrubby growth that provides food, nesting, and cover habitat for wildlife. Early seedling and sapling stages of dogwood (Cornus spp), blackberry (Rubus spp), elderberry (Sambucus canadensis), and viburnums (Viburnum spp), provide habitat for species such as ruffed grouse (Bonasa umbellus), American woodcock (Scolopax minor), yellow- breasted chat (Icteria virens), bobwhite quail (Colinus virginianus), bobcat (Lynx rufus) and snakes (Corps, 2014).

According to the TWRA, permanent openings such as grassed areas provide open hunting space for raptors. Eastern bluebirds (Sialia sailis), great crested flycatchers (Myiarchus crinitus), common flickers (Colaptes auratus), mourning doves (Zenaida macroura) and many songbirds use sunny grassed areas for singing and display sites (TWRA, 2002). Open space can produce insects up to 25 times higher than forested areas. Insects are a primary food source for birds and bats (Corps, 2014).

The area where the proposed laydown area and launching access to the lake are characterized as existing paved/graveled parking area, existing gravel road with small cedars (Juniperus virginiana) and a small number of scattered American sycamore (Platanus occidentalis), eastern cottonwood (Populus deltoides), and red oak species (Quercus spp.) (see Figure 4) along the road.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Figure 4. Proposed Laydown Area, Road Access, and Launching Ramp

Alternative Impact: Under the PAA, the contractor would likely use the existing laydown area and existing road and launch ramp on the right descending bank (see Figure 2). This would require some minor vegetation clearing along the road and ramp and some road surface improvements. Any removed vegetation would be mulched, not burned. These impacts would be considered negligible. Under the NAA, failure of the tainter gates would still be expected at some point in the future requiring repair or replacement of a gate. Therefore, impacts would be similar as the PAA.

3.6 Federally Listed Species Existing Condition: In 1973, Congress passed the Endangered Species Act (ESA) which identifies those species of flora and fauna determined by the Director of the U.S. Fish and Wildlife Service (USFWS) to be endangered or threatened with extinction, and which are protected by law. The ESA requires a project review to determine if federally listed species or their habitat may be affected by a Federal action. Also, any Federal actions which may directly or indirectly affect a federally 12

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District listed threatened or endangered species, or the critical habitat of a listed species, requires consultation with USFWS to ensure compliance with Section 7 of the ESA.

A list of federally endangered species near Center Hill Dam (shown in Table 1) was generated by using the USFWS online Information for Planning and Consultation tool. The list contains three mammals, one species of plant, and thirteen species of mussels, which may still survive in reaches of the river or historically occurred prior to impoundment. Also, the bald eagle (Haliaeetus leucocephalus) and peregrine falcon (Falco peregrinus) which have been delisted from the Endangered Species Act, are present throughout the area (USFWS, 2021). In an email dated March 8, 2021, USFWS stated that the Indian bat, gray bat, and Northern long eared bat were located near CEN dam (Consultation Code: 2021-CPA-0171).

Table 1. Federally Listed Species Recorded Near Center Hill Dam Category Species Common Name Mammals Myotis sodalis Indiana bat Myotis grisescens Gray bat Myotis septentrionalis Northern long-eared bat

Mussels Pleurobema clava Clubshell Villosa trabalis Cumberland bean Epioblasma brevidens Cumberlandian combshell Dromus dromus Dromedary pearlymussel Cyprogenia stegaria Fanshell Epioblasma capsaeformis Oyster Mussel Lampsilis abrupta Pink mucket Quadrula cylindrica cylindrica Rabbitsfoot Plethobasus cyphyus Sheepnose Mussel Pleuronaia dolabelloides Slabside Pearlymussel Epioblasma triquetra Snuffbox Mussel Cumberlandia monodonta Spectaclecase Plethobasus cicatricosus White Wartyback

Flowering Plants Apios priceana Prices Potato-bean

Alternative Impact: Under the NAA and PAA, there would be little ground disturbance other than improving the road surface for the access road and launching ramp. Minor tree removal along the access road and near the launching ramp would involve small cedars and other trees that do not provide summer roosting habitat for federally listed bat species. No caves would be affected. No alterations to operations would occur from the PAA. The Corps finds that the proposed action would have no effect on federally listed species with either alternative.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.7 Cultural Resources Existing Condition: Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) requires Federal agencies to take into account the effect of their undertakings on historic properties. Historic property means any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places (NRHP). The term includes artifacts, records, and remains that are located within such properties. The term also includes properties of traditional religious and cultural importance to an Indian tribe or other culturally distinct group. Regulations at 36 CFR 800 define a process for taking such effects into account. Additionally, Section 110 of the (NHPA) requires the Federal agencies to manage and maintain historic properties under their jurisdiction in a way that considers the preservation of their historic, archeological, architectural, and cultural values (54 U.S.C. 306101).

Cultural resources within CEN include archaeological sites within the project lands and the Center Hill Dam and Hydroelectric Plant. Archaeological sites span the human occupation of the area from the Paleoindian period (c. 12,000 – 9500 B.C.) through historic periods. Sites include the material evidence of past resource extraction areas, campsites, homesites, hamlets, and villages. Evidence of the occupation includes lithic scatters, storage pits, cooking features, structural remains manifested as post molds or foundations, and mounds.

Center Hill Dam and Hydroelectric Plant are eligible for listing on the NRHP. A Historic American Engineering Record records the structures significance for its association with the major flood reduction in the Cumberland river and its engineering and architectural values (McCormick 2012).

Alternative Impact: The PAA would have none/negligible impacts to archaeological sites but may have minor long- term impacts to Center Hill Dam and Hydroelectric Plant. There are no significant archaeological sites in the contractor laydown and access areas. The replacement of the gates would be an alteration to original structural features of the National Register eligible Center Hill Dam and Hydroelectric Plant. However, the replacement of the gates would allow operation and maintenance of the property as originally designed. The PAA requires phased compliance under Section 106 as specific changes to the historic property would be determined after letting a contract. The Corps is developing a Programmatic Agreement with the State Historic Preservation Officer that allows for continued consultation and assessment of effects as the project is implemented.

Under the NAA, gates could fail over time and management of the property may result in neglect. The neglect could result in an adverse effect (36 CFR 800.5(a)(2)(vi) to CEN. Fixing or replacing the gates as they fail could result in architecturally inconsistent components but would not be known until the gates fail. The impacts would likely be considered adverse, significant, and long-term.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

3.8 Hazardous, Toxic, and Radioactive Waste HTRW present in the project area that would be encountered or impacted by the PAA is lead paint. All lead paint would be handled and or disposed of in accordance with all Federal, State, and local regulations and policies. Center Hill Dam does not generate hazardous wastes during operational processes. The Resource Conservation and Recovery Act (RCRA) gives U.S. Environmental Protection Agency the authority to control hazardous waste that includes the generation, transportation, treatment, storage and disposal of hazardous waste. The PPA would not require the purchase, use, storage, or generation of hazardous wastes for daily operational processes, therefore, this action would be in compliance with RCRA.

3.9 Health and Safety Existing Conditions: Cove Hollow Road (Highway 96) traverses the top of the dam and serves as a major connection between the two sides of the river. Detours are up to 20 additional miles and an additional 30 minutes. Near the dam, the road has often been limited to one lane of traffic over the last 10 years due to Corps construction activities from the long-term Seepage Rehabilitation that has taken place from 2007 until present.

Alternative impact: Under the PAA, Cove Hollow Road (Highway 96) would be limited to one lane of traffic during construction activity (approximately 5 months between July and December). Occasionally, the highway would be closed completely for up to 24 hours and not to occur on the weekends. Full closure would not be expected to occur more than a couple of times during the 5-month construction period. Under the NAA, gates would still have to be replaced if/when the existing one malfunctioned. Therefore, the impacts to traffic would be similar in that case as under the PAA. However, when/if the malfunction would occur would not be known.

3.10 Socioeconomics Existing Condition: CEN Dam/Reservoir is a significant economic factor in the region. In addition to tourism, recreation (i.e. boating, swimming, and recreational facilities), hydropower, and flood damage reduction, the reservoir provides municipal water supply, increased property values, increased tax revenues, and employment opportunities. According to the U.S. Census Bureau (USCB) in 2020, the population in Dekalb County, Tennessee was 20,490, an increase of approximately 9.4% from 18,722 people in 2010. Median household income (in 2019 value dollars) in Dekalb County was $45,511 when compared with $53,320 for the State of Tennessee. The percentage of people in Dekalb County below the poverty level in 2019 data was 18.0 % when compared to 13.9% for the State of Tennessee (USCB 2020). Persons under 18 was 21.5% in Dekalb County as compared to 22.1% in Tennessee and 22.3% in the United States.

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Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

Alternative Impact: The PAA would require the costs be cost-shared as “Joint Costs” with several water supply users. These costs could indirectly affect the public by causing rate increases for municipal water and electricity. Any rate increases would likely be considered minor to individual users. Some amount of negligible benefit may occur from available jobs during construction because of the PAA. Under the NAA, replacement or repair of gates would still occur at some point and therefore, like the PAA effects, some number of jobs may be available during construction.

3.11 Air Quality Existing Condition: The Center Hill Dam site is in an attainment area with regard to the National Ambient Air Quality Standard (NAAQS).

Alternative Impact: No direct changes in emissions are expected as a result of the NAA or PAA. Therefore, air quality permitting and emission standard regulations are not applicable to the project. The PAA would meet the Conformity Rule under the Clean Air Act and poses no risk to the NAAQS (EPA 2019). No open-air burning would be allowed as part of the PAA.

SECTION 4 – STATUS OF ENVIRONMENTAL COMPLIANCE Compliance with Federal Acts and Executive Orders are summarized in Table 2. Based on the information provided above, full compliance with all local, state, and federal statutes and Executive Orders are expected to be met before implementation of PAA.

Table 2. Environmental Compliance. Statute/Executive Order On-Going Full National Environmental Policy Act X Endangered Species Act X Fish &Wildlife Coordination Act X Clean Air Act X Clean Water Act Section 404 X Clean Water Act Section 401 X National Historic Preservation Act X Comprehensive, Environmental Response, Compensation, X and Liability Act Resource Conservation and Recovery Act X Farmland Protection Policy Act X Wild and Scenic Rivers Act X Executive Order 11988 Floodplain Management X Executive Order 11990 Protection of Wetlands X Executive Order 12898 Environmental Justice in Minority Populations and Low-Income X Populations Executive Order 13045 Protection of Children from Environmental Health Risks and X Safety Risks

16

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

4.1 Clean Water Act Section 404 Impacts to streams and wetlands associated with flood control measures were evaluated for compliance with Section 404 of the Clean Water Act administered by the Corps. Temporary Fill associated with the work platform and fill to improve the launching ramp would fall under the conditions of a section 404 Nationwide Permit 3, “Maintenance.” Therefore, because the project would be restricted to meet the conditions of a Nationwide Permit 3 (See Appendix B), the project meets the guidelines of section 404 (b)(1). No additional analysis is required.

Section 401 Fill activities that would be associated with the PAA should fall under the conditions of the Tennessee General Aquatic Resource Alteration Permit for Maintenance Activities, issued April 7, 2020 (See Appendix B).

4.2 National Historic Preservation Act. Section 106 and 110 compliance would be met through phased compliance and the execution of a Programmatic Agreement (See Appendix C).

SECTION 5 – PUBLIC AND AGENCY COORDINATION NEPA requires Federal agencies to consider the potential environmental impacts of their proposed project and to ask for comments from interested groups about the proposed work before any action is taken.

5.1 Scoping Letter and Responses On January 25, 2021, a scoping letter, describing the proposed project, was circulated to government agencies and officials, tribes, the public, local newspapers, radio stations, and other interested parties. Comments were requested within 30-days for consideration in the draft EA. A copy of the original comments and mailing list are provided in Appendix A.

5.2 30-Day Public Review of the Environmental Assessment This EA and the associated unsigned/draft Finding of No Significant Impact are being circulated to government agencies and officials, tribes, the public, local newspapers, radio stations, and other interested parties for a 30-day review period. Comments received during that time will be considered and included in the Final EA.

SECTION 6 – CONCLUSIONS This document has reviewed all alternatives under NEPA guidelines for any potential impacts to the human and natural environment. Two alternatives were evaluated in detail throughout this EA; the No Action Alternative and the Proposed Action Alternative (replace the existing tainter gates at Center Hill Dam). The No Action Alternative would include repairing or replacing Tainter gates as they malfunctioned in the future. The Proposed Action Alternative would include:

17

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

• Utilizing of an existing disturbed area adjacent to the Auxiliary Dam on the right descending bank of Center Hill Dam for a construction laydown/staging area • Minor tree removal along an existing launch ramp, modification of the existing launch ramp to facilitate launching heavier equipment • Temporary installation of work platforms on top of dam, including drilling anchor holes and epoxying anchors into concrete • Temporary placement of stoplog structures that remain during installation of new gates/removal of existing gates that could prevent potential water flow through the spillway opening(s) during construction • Lead abatement due to partial removal of existing gate components • Use of a floating plant (work barge) with crane • Reducing traffic on Cove Hollow Road (Highway 96) to one lane for the duration of each construction season (approximately 5 months) and occasional full closure up to 24 hours, not on the weekends

In conclusion, all work would be performed in accordance with federal, state, and local regulations. Evaluation of the PAA indicates that no notable adverse environmental impacts would result other than the seasonal, temporary impacts to traffic patterns on Cove Hollow Road (Highway 96). The traffic impacts are similar to the lane closures that have been experienced there for many years and would not be considered significant. No other significant environmental impacts have been identified with implementation of the PAA that would warrant the preparation of an Environmental Impact Statement.

18

Center Hill Dam Spillway Gate Replacement Environmental Assessment U.S. Army Corps of Engineers, Nashville District

SECTION 7 – REFERENCES Environmental Protection Agency (EPA). 2021. National Ambient Air Quality Standards (NAAQS) Website. Clean Air Act. https://www3.epa.gov/airquality/greenbook/popexp.html. McCormick, Mary. 2012. Historic American Engineering Record, Center Hill Dam. HAER No. TN-45. Prepared by the U.S. Army Corps of Engineers, Center of Expertise for the Preservation of Historic Structures and Buildings, Seattle, WA. Tennessee Wildlife Resources Agency. December 2003. Management Plan for the Center Hill Tailwater Trout Fishery 2004 – 2009.

Tennessee Wildlife Resources Agency. 2002. Wildlife Management for Tennessee Landowners

U.S. Census Bureau. Dekalb County Tennessee QuickFacts. 2021 https://www.census.gov/quickfacts/fact/table/TN,dekalbcountytennessee,US/PST045219.

US Army Corps of Engineers. 1998. Volume VIII, Center Hill Water Control Manual, Volume VIII U.S. Army Corps of Engineers. May 2010. Nashville District. Proposed Hydropower Rehabilitations at Center Hill Dam, Tennessee, Environmental Assessment. U.S. Army Corps of Engineers. May 2014. Nashville District. Center Hill Dam Seepage Rehabilitation Project, Major Rehabilitation Evaluation Report, Previously Approved and Revised Plans, Proposed Roller Compacted Concrete (RCC) Berm and Measures, Environmental Assessment, Supplement 3. U.S. Fish and Wildlife Service. 2021. Information for Planning and Conservation website: https://www.fws.gov/ipac

List of Preparers:

Charles W Hall, Biologist, Regional Technical Specialist, Environmental Section, Project Planning Branch, EA Preparation

Valerie McCormack, Archaeologist, Environmental Section, Project Planning Branch, Nashville District, EA Preparation – Cultural and Historic Resources

19

Appendix A – Scoping Notice and Mailing List, and Responses DEPARTMENT OF THE ARMY NASHVILLE DISTRICT, CORPS OF ENGINEERS 110 9TH AVENUE SOUTH, ROOM A-405 NASHVILLE, TENNESSEE 37203 IN REPLY REFER TO

Project Planning Branch

TO ALL INTERESTED PARTIES:

The U.S. Army Corps of Engineers, Nashville District is initiating scoping under the National Environmental Policy Act (NEPA) to evaluate potential effects of the proposed replacement of the spillway tainter gates at Center Hill Dam in DeKalb County, Tennessee (see Enclosed Map).

Center Hill Dam in combination with Wolf Creek Dam control 63% of the drainage area above Nashville, TN, and their combined operation significantly reduces flood risk in the Middle Tennessee region, as their combined storage capacity is 8 million acre-feet (2 million at CEN). Center Hill Dam has 8 tainter gates that control water flow through the spillway. The tainter gates are conventional non-overflow radial type gates with a radius of 32.5 feet. Each tainter gate measures 50 feet wide and 37 feet tall. As tainter gate design criteria was updated based on trunnion friction issues experienced at other dams around the world, the need for project-specific structural analysis of tainter gates in the Nashville District was recognized. The analyses proved that critical members of the Center Hill gates were undersized and subject to overstress.

There is only one action alternative to be analyzed in the study in addition to a No Action Alternative. The proposed action would include replacing all 8 spillway gates at Center Hill Dam over 8 years at the typical rate of 1 per year. The action would likely include various items such as: utilization of an existing disturbed area adjacent to the Auxiliary Dam on the right descending bank of Center Hill Dam, minor tree removal along an existing launch ramp, modification of the existing launch ramp to facilitate launching heavier equipment, temporary installation of work platforms on top of dam to include drilling anchor holes and epoxying anchors into concrete, temporary placement of stoplog structures that remain during installation of new gates/removal of existing gates that could prevent potential water flow through the spillway opening(s) during construction, use of a floating plant (work barge) w/ crane. Cove Hollow Road (Highway 96), which crosses the dam, would potentially be reduced to one lane for each season of construction (approximately 5 months) and could be closed entirely for short durations (not to exceed 24 hours and not to occur on weekends). Consideration of a “No Action” alternative is required under NEPA (where no federal action or work would be done). The impacts of the “No Action” alternative are used as a baseline to compare impacts of other alternatives considered. The No Action Alternative would include continuing to fix gates as they deteriorate, break down, or become unusable.

By way of this letter, the Corps is soliciting public and agency comments concerning environmental or socioeconomic issues that should be addressed during the NEPA process. We encourage comments not only about the immediate project area, but also of plans or proposals for any other development that may impact or influence project resources. This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. Section 106, implemented by regulations at 36 CFR 800, requires the Corps of Engineers to consider the effects of its undertakings on historic -2-

properties. The Corps is seeking to develop a Programmatic Agreement to address phased compliance and effects to historic properties. If required, appropriate architectural and archeological investigations would be conducted within those areas affected by the proposed activities and resulting findings would be coordinated with the Tennessee State Historic Preservation Officer, Federally Recognized Tribes, and other consulting parties.

Comments may be submitted within 30 days to the address on the letterhead or electronically to [email protected]. For additional information regarding the proposed project, please contact Chip Hall at (615)736-7666.

Sincerely,

ORIGINAL SIGNED

Craig D. Carrington Chief, Project Planning Branch Enclosure

Honorable Lamar Alexander Honorable Marsha Blackburn United States Senator United States Senator 3322 West End Ave #120 357 Dirksen Office Bldg Nashville, TN 37203 Washington DC 20510

Honorable John Rose United States Representative Honorable Hollis Mullinax 321 East Spring Street 106 South Main St Suite 301 Carthage, TN 37030 Cookeville, TN 38501

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Honorable Lloyd Williams Honorable Jeff Mason

400 East Hull Ave 122 Turner High Circle

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MAYOR OF CARTHAGE CITY OF MT. JULIET 122 TURNER HIGH CIRCLE 2425 NORTH MT. JULIET ROAD CARTHAGE, TN 37030 MT. JULIET TN 37122

CITY OF LEBANON CITY OF BAXTER 200 NORTH CASTLE HEIGHTS AVE 200 MAIN STREET SUITE 100 BAXTER TN 38544 LEBANON TN 37087 TOWN of MONTEREY PUTNAM COUNTY EXECUTIVE 302 EAST COMMERCIAL AVE 300 E. SPRING STREET, ROOM 8 MONTEREY TN 38574 COOKEVILLE TN 38501

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Governor John Raymond Johnson Ms. Devon Frazier Absentee-Shawnee Tribe of Oklahoma Cultural Preservation Directory/THPO 2025 S. Gordon Cooper Dr. Absentee-Shawnee Tribe of Oklahoma 2025 S. Gordon Cooper Dr. Shawnee, OK 74801-9381 Shawnee OK 74801-9381 Principal Chief Chuck Hoskin Jr. Ms. Elizabeth Toombs Tribal Historic Preservation Officer Special Projects Officer Cherokee Nation Cherokee Nation P.O. Box 948 P.O. Box 948 Tahlequah, OK 74465-0948 Tahlequah, OK 74465-0948 Principal Chief Richard Sneed Mr. Stephen Yerka, Historic Preservation Specialist Eastern Band of Cherokee Indians Eastern Band of Cherokee Indians Qualla Boundary, P.O. Box 445 Qualla Boundary P.O. Box 445 Cherokee, NC 28719 Cherokee, NC 28719 Chief Glenna J. Wallace Brett Barnes and Paul Barton Eastern Shawnee Tribe of Oklahoma Tribal Historic Preservation Officer P.O. Box 350 Eastern Shawnee Tribe of Oklahoma P.O. Box 350 Seneca, MO 64865 Seneca, MO 64865

Mr. Ben Barnes Ms. Tonya Tipton Shawnee Tribe Shawnee Tribe P.O. Box 189 P.O. Box 189 Miami, OK 74355 Miami, OK 74355

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Erica Gorsuch Physical address: 4747 S Whitmore Lane Tahlequah, OK 74464

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Patrick Sheehan, Director Jeff Young, District Conservationist Tennessee Emergency Management Agency 757 South Grundy Quarles Hwy 3041 Sidco Drive Gainesboro, TN 38562-5904 Nashville, TN 37204 Matthew Taylor, Policy Analyst-NEPA Tennessee Department of Environment & Conservation Kendra Abkowitz Brooks, PhD, Director Office of Policy and Sustainable Practices Tennessee Department of Environment & Conservation 312 Rosa L. Parks Avenue, 2nd Floor Office of Policy and Sustainable Practices Nashville, TN 37243 Nashville, TN 37243 Trisha Calabrese Benton, Director Tennessee Department of Environment & Conservation Tennessee Department of Environment & Conservation Division of Archaeology Division of Water Resources 1216 Foster Avenue 312 Rosa L. Parks Ave Cole Building #3 Nashville, TN 37243 Nashville, TN 37243

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April Grippo, Water Resources Manager Tennessee Department of Environment & Conservation Tennessee Department of Environment & Conservation Recreation Educational Services Division Nashville Environmental Field Office 312 Rosa L. Parks Ave 711 R.S. Gass Boulevard Nashville, TN 37243 Nashville, TN 37216 Mr. Rob Todd, Fish and Wildlife Environmentalist The Wildlife Society – Tennessee Chapter Tennessee Wildlife Resources Agency USDA, Wildlife Services P.O. Box 40747 4708 Western Avenue, Suite A Nashville, Tennessee 37204 Knoxville, TN 37921

Mr. Mike Butler, Chief Executive Officer Tanisha J. Hall, Director Tennessee Wildlife Federation Tennessee Long Range Planning Division 300 Orlando Avenue 505 Deadrick Street Nashville, Tennessee 37209 Nashville, TN 37243 Jai Templeton, Commissioner Tennessee Department of Transportation Tennessee Department of Agriculture James K. Polk Building, Suite 900 Ellington Agricultural Center 505 Deaderick Street P.O. Box 40627 Nashville, TN 37243 Nashville, TN 37204 Bob Rolfe, Commissioner Tennessee Department of Economic & Community Development 312 Rosa L. Parks Avenue Nashville, TN 37243 Mark Bevelhimer Tennessee Citizens for Wilderness Planning Terry Cook, State Director 130 Tabor Road Tennessee Nature Conservancy Oak Ridge, TN 37830-5537 210 25th Ave. N. Suite 300 Nashville, TN 37203

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STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES William R. Snodgrass - Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243-1102

February 1, 2021

Mr. Craig D. Carrington Chief, Project Planning Branch USACE-Nashville District 110 9th Ave S, Room A-405 Nashville, TN 37203

RE: Center Hill Dam Spillway Gates Scoping Document DeKalb County, TN

Dear Mr. Carrington:

We appreciate the opportunity to provide a response to the proposed replacement of the spillway gates at Center Hill Dam in DeKalb County, Tennessee. If the project will disturb more than one acre of land, including staging areas, a construction stormwater general permit (CGP). Depending on the amount of area disturbed for the enlargement if the boat ramp, staging area and other factors discussed below, an Aquatic Resource Alteration Permit (ARAP) may be required unless certain criteria can be met. Boat ramps may be constructed in certain reservoirs managed by the Tennessee Valley Authority or the Army Corps of Engineers, which includes Center Hill Lake, without submittal of an application or written authorization from the division prior to the commencement of work, provided the work is performed in accordance with the permit limits, and following additional limitations: a. The boat ramp and associated stabilization materials must not exceed 20 feet in width, b. Any discharge into stream and wetlands must not exceed 50 cubic yards, and c. All fill and excavation work must be performed in the dry

We are also concerned about the dissolved oxygen in the Caney Fork below the dam. The tailwaters of Center Hill are listed as impaired due to the low dissolved oxygen. Will the design of the new spillway gates make those conditions the same, worse or better?

Thank you again for your consideration in this matter. If you need further clarification, I will be glad to try to assist you. You may reach me at (615) 532-0170 or [email protected].

Sincerely,

Thomas A. Moss Environmental Review Coordinator Compliance and Enforcement Unit cc: April Grippo, DWR Deputy Director Brad Ulmer, DWR Manager, Cookeville Environmental Field Office Matthew K. Taylor, Office of Policy and Sustainable Practices From: Ronnie Kelly To: LRN Planning Public Communication Subject: [Non-DoD Source] City of Cookeville comments on tainter gate replacement project Date: Thursday, February 4, 2021 10:11:43 AM

Craig, As a utility that uses water from Center Hill Reservoir, and has a contract with the Corps of Engineers, we are very much interested in this proposed project. I have a couple of questions. 1. Will the pool level be affected by the replacement of the 8 tainter gates? 2. How will this affect the utilities O&M costs per their contract with the Corps? The reservoir levels have been lowered for several years, which has affected our ability to treat the drinking water we supply to over 100,000 people. The reservoir levels were headed toward normal levels this past summer after years of construction on the dam. We would request that the reservoir be maintained as close to normal, historical operating levels, during this project. We would also request that an estimate be provided on the impact to the O&M fees the Corps of Engineers collect yearly. We need to know if this has the potential for rate increases to our rate payers going forward. Thanks for any information that you can provide. Ronnie J. Kelly, Director City of Cookeville Dept. of Water Quality Control 1860 South Jefferson Ave. Cookeville, TN 38506

931-520-5259 (o) 931-252-0660 (c)

Electronic communications with officials and employees of the City of Cookeville are subject to the Tennessee Public Records Act. TENNESSEE WILDLIFE RESOURCES AGENCY

ELLINGTON AGRICULTURAL CENTER 5107 EDMONDSON PIKE NASHVILLE, TENNESSEE 37211

February 18, 2021

Craig D. Carrington, Chief, Planning Branch Department of the Army Nashville District, Corps of Engineers 110 9th Avenue South, Room A-405 Nashville, TN 37203

Re: NEPA Scoping for the Proposed Replacement of 8 Tainter Gates at Center Hill Dam

Dear Mr. Carrington:

The Tennessee Wildlife Resources Agency has reviewed the information regarding the proposed replacement of 8 tainter gates at Center Hill Dam that are subject to overstress and provides the following comments. The tailwater of Center Hill Dam provides a very popular and valuable trout fishery. We understand the necessity of replacing all 8 tainter gates to ensure dam safety and that this process will require 8 years to complete. We understand that public access below the dam will be impacted and may affect fishing opportunity below the dam. Our primary concern is maintenance of in-stream flows that are necessary to support this popular and valuable trout fishery. We request that the issue of maintenance of in-stream flows to support the trout fishery be addressed during the NEPA process.

Thank you for the opportunity to comment on this proposed project.

Sincerely,

Robert M. Todd Fish and Wildlife Environmentalist cc: Chip Hall, USACE Frank Fish, TWRA Chief of Fisheries Mark Thurman, Region 3 Fisheries Coordinator Robbie Sykes, USFWS

The State of Tennessee

AN EQUAL OPPORTUNITY, EQUAL ACCESS, AFFIRMATIVE ACTION EMPLOYER

STATE OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF AIR POLLUTION CONTROL William R. Snodgrass Tennessee Tower, 15th Floor 312 Rosa L. Parks Avenue Nashville, TN 37243 (615) 532-0554 Voice or (615) 532-0614 FAX

February 19, 2021

Craig D. Carrington Chief, Project Planning Branch Nashvill District, Corps of Engineers 110 9th Avenue South, Room A-405 Nashville, Tennessee 37203

Subject: Center Hill Dam Tainter Gates Replacement Scoping Request

Dear Mr. Carrington:

The Division of Air Pollution Control has reviewed the scoping letter for the proposed replacement of the spillway tainter gates at Center Hill Dam in DeKalb County, Tennessee. This project is in an area designated as attainment for all National Ambient Air Quality Standards (NAAQS).

The Division recommends that the draft Environmental Assessment address air emissions from the operation and idling of heavy-duty non-road mobile sources. We also request that you evaluate alternatives to open burning for the disposal of uprooted trees and other vegetation and propose methods to minimize the generation of fugitive dust from the project. Additional information about fugitive dust requirements can be found at https://publications.tnsosfiles.com/rules/1200/1200-03/1200-03-08.20180904.pdf and about open burning can be found at https://publications.tnsosfiles.com/rules/1200/1200- 03/1200-03-04.pdf.

If you have any questions or comments, please feel free to contact Ms. Lacey Hardin of my staff at (615) 532-0545.

Sincerely,

Michelle W. Owenby Director

February 23, 2021

Chip Hall United States Army Corps of Engineers 110 9th Avenue South, Room A-405 Nashville, TN 37203

Re: Proposed Replacement of the Spillway Tainter Gates at Center Hill Dam

Mr. Chip Hall:

The Cherokee Nation (Nation) is in receipt of your correspondence about Center Hill Dam, and appreciates the opportunity to provide comment upon this project. Please allow this letter to serve as the Nation’s interest in acting as a consulting party to this proposed project.

The Nation maintains databases and records of cultural, historic, and pre-historic resources in this area. Our Historic Preservation Office reviewed this project, cross referenced the project’s legal description against our information, and found no instances where this project intersects or adjoins such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee cultural resources at this time.

However, the Nation requests that the United States Army Corps of Engineers (USACE) halt all project activities immediately and re-contact our Offices for further consultation if items of cultural significance are discovered during the course of this project.

Additionally, the Nation requests that USACE conduct appropriate inquiries with other pertinent Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included in the Nation’s databases or records.

If you require additional information or have any questions, please contact me at your convenience. Thank you for your time and attention to this matter.

Wado,

Elizabeth Toombs, Tribal Historic Preservation Officer Cherokee Nation Tribal Historic Preservation Office [email protected] 918.453.5389 From: Alexander, Steven To: LRN Planning Public Communication Cc: Hall, Charles W (Chip LRN) CIV USARMY CELRN (USA) Subject: [Non-DoD Source] Center Hill Dam Spillway Tainter Gates Replacement Project Date: Monday, March 8, 2021 7:28:29 AM

Mr. Chip Hall U.S. Army Corp of Engineers Nashville District Planning Branch 110 9th Avenue South, Room A-405 Nashville, Tennessee 37203

Mr. Hall –

U.S. Fish and Wildlife Service (Service) personnel have reviewed the initial scoping notice for the replacement of eight tainter gates at Center Hill Dam in DeKalb County, Tennessee. Our review of sensitive species and habitats at Center Hill Dam indicate the presence of the federally endangered Indian bat (Myotis sodalis) and gray bat (Myotis gricescens), and the threatened Norther long-eared bat (Myotis septentrionalis) on Corps of Engineers (USACE) property at Center Hill Dam. The USACE should assess potential impacts to these species during the proposed construction activities and adequately characterize them during the development of National Environmental Policy Act documentation for this project. Consultation pursuant to the Endangered Species Act will also be required.

Thank you for the opportunity to comment. Please reference 2021-CPA-0171 in future inquiries related to this project.

Sincerely,

Steven R. Alexander

U.S. Fish and Wildlife Service Tennessee Ecological Services Field Office 446 Neal Street Cookeville, TN 38501 931/525-4980 (office) 931/650-0004 (cell) 931/528-7075 (fax) [email protected]

Web: http://cookeville.fws.gov

NOTE: This email correspondence, including any attachments to and from this sender, is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. Appendix B – Clean Water Act Documents 1984 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Rules and Regulations

Protected tribal resources the removal of accumulated sediment not authorize beach restoration. This Re-establishment and debris within, and in the immediate NWP does not authorize new stream Rehabilitation vicinity of, the structure or fill. This channelization or stream relocation Restoration NWP also authorizes the repair, projects. Riffle and pool complex rehabilitation, or replacement of those Notification: For activities authorized Riparian areas structures or fills destroyed or damaged by paragraph (b) of this NWP, the Shellfish seeding by storms, floods, fire or other discrete permittee must submit a pre- Single and complete linear project events, provided the repair, construction notification to the district Single and complete non-linear project rehabilitation, or replacement is engineer prior to commencing the Stormwater management commenced, or is under contract to activity (see general condition 32). The Stormwater management facilities commence, within two years of the date pre-construction notification must Stream bed of their destruction or damage. In cases include information regarding the Stream channelization of catastrophic events, such as original design capacities and Structure hurricanes or tornadoes, this two-year configurations of the outfalls, intakes, Tidal wetland limit may be waived by the district small impoundments, and canals. engineer, provided the permittee can Tribal lands (Authorities: Section 10 of the Rivers and Tribal rights demonstrate funding, contract, or other Harbors Act of 1899 and section 404 of the Vegetated shallows similar delays. Clean Water Act (Sections 10 and 404)) Waterbody (b) This NWP also authorizes the removal of accumulated sediments and Note: This NWP authorizes the repair, B. Nationwide Permits debris outside the immediate vicinity of rehabilitation, or replacement of any 1. Aids to Navigation. The placement existing structures (e.g., bridges, previously authorized structure or fill that of aids to navigation and regulatory culverted road crossings, water intake does not qualify for the Clean Water Act section 404(f) exemption for maintenance. markers that are approved by and structures, etc.). The removal of installed in accordance with the sediment is limited to the minimum 4. Fish and Wildlife Harvesting, requirements of the U.S. Coast Guard necessary to restore the waterway in the Enhancement, and Attraction Devices (see 33 CFR, chapter I, subchapter C, vicinity of the structure to the and Activities. Fish and wildlife part 66). approximate dimensions that existed harvesting devices and activities such as when the structure was built, but cannot pound nets, crab traps, crab dredging, (Authority: Section 10 of the Rivers and extend farther than 200 feet in any Harbors Act of 1899 (Section 10)) eel pots, lobster traps, duck blinds, and direction from the structure. This 200 clam and oyster digging, fish aggregating 2. Structures in Artificial Canals. foot limit does not apply to maintenance devices, and small fish attraction Structures constructed in artificial dredging to remove accumulated devices such as open water fish canals within principally residential sediments blocking or restricting outfall concentrators (sea kites, etc.). This NWP developments where the connection of and intake structures or to maintenance does not authorize artificial reefs or the canal to a navigable water of the dredging to remove accumulated impoundments and semi- United States has been previously sediments from canals associated with impoundments of waters of the United authorized (see 33 CFR 322.5(g)). outfall and intake structures. All States for the culture or holding of (Authority: Section 10) dredged or excavated materials must be motile species such as lobster, or the use deposited and retained in an area that of covered oyster trays or clam racks. 3. Maintenance. (a) The repair, has no waters of the United States rehabilitation, or replacement of any unless otherwise specifically approved (Authorities: Sections 10 and 404) previously authorized, currently by the district engineer under separate 5. Scientific Measurement Devices. serviceable structure or fill, or of any authorization. Devices, whose purpose is to measure currently serviceable structure or fill (c) This NWP also authorizes and record scientific data, such as staff authorized by 33 CFR 330.3, provided temporary structures, fills, and work, gages, tide and current gages, that the structure or fill is not to be put including the use of temporary mats, meteorological stations, water recording to uses differing from those uses necessary to conduct the maintenance and biological observation devices, specified or contemplated for it in the activity. Appropriate measures must be water quality testing and improvement original permit or the most recently taken to maintain normal downstream devices, and similar structures. Small authorized modification. Minor flows and minimize flooding to the weirs and flumes constructed primarily deviations in the structure’s maximum extent practicable, when to record water quantity and velocity are configuration or filled area, including temporary structures, work, and also authorized provided the discharge those due to changes in materials, discharges, including cofferdams, are is limited to 25 cubic yards. Upon construction techniques, requirements necessary for construction activities, completion of the use of the device to of other regulatory agencies, or current access fills, or dewatering of measure and record scientific data, the construction codes or safety standards construction sites. Temporary fills must measuring device and any other that are necessary to make the repair, consist of materials, and be placed in a structures or fills associated with that rehabilitation, or replacement are manner, that will not be eroded by device (e.g., foundations, anchors, authorized. This NWP also authorizes expected high flows. After conducting buoys, lines, etc.) must be removed to the removal of previously authorized the maintenance activity, temporary fills the maximum extent practicable and the structures or fills. Any stream channel must be removed in their entirety and site restored to pre-construction modification is limited to the minimum the affected areas returned to pre- elevations. necessary for the repair, rehabilitation, construction elevations. The areas (Authorities: Sections 10 and 404) or replacement of the structure or fill; affected by temporary fills must be such modifications, including the revegetated, as appropriate. 6. Survey Activities. Survey activities, removal of material from the stream (d) This NWP does not authorize such as core sampling, seismic channel, must be immediately adjacent maintenance dredging for the primary exploratory operations, plugging of seismic shot holes and other Tennessee Department of Environment and Conservation General Aquatic Resource Alteration Permit for

Maintenance Activities

Effective Date: April 7, 2020 Expiration Date: April 7, 2025

Activities Covered by this Permit This general permit authorizes the maintenance of existing, currently serviceable structures or fills, such as dams, intake and outfall structures, utilities, culverts, and bridges in waters of the state. “Currently serviceable” means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. In addition, this general permit also authorizes: a. Replacement of headwall structures when they are no longer currently serviceable. b. Replacement of culverts where they are no longer currently serviceable. c. Excavation of accumulated sediments and debris obstructing or impeding the function of existing structures, for a cumulative maximum of 100 linear feet immediately above and/or below the structure. This includes the removal of displaced riprap from a stream. d. Placement of riprap material within 25 feet upstream and 25 feet downstream of existing structures, where the erosive action of flowing water has undermined structural integrity. e. Minor deviations in the structure’s configuration or filled area including those due to changes in materials, construction techniques, current construction codes, or safety standards which are required as part of repair or rehabilitation. Certain activities due to size, location or potential water quality impacts are not covered under this general permit, as described in both the Special and General Conditions sections. Activities not qualifying for authorization under this general permit may be authorized by a standard (individual) permit provided that all requirements of the Tennessee Water Quality Control Act of 1977 (the Act) are met.

Special Conditions 1. The length of the pipe or culvert structure may not be increased in a manner that encapsulates any additional length of open stream or wetland. 2. The capacity or diameter of the culvert may be increased during replacement, providing it does not result in channel widening or other channel destabilization. 3. Except for replacement of headwalls and culverts as conditioned above, reconstruction of structures is not covered. 4. Increasing dam height, or other activity resulting in increased impoundment area or volume or change in downstream water quality, is not covered. 5. Dewatering of impoundments to conduct dam maintenance must be performed in a controlled manner designed to prevent the release of accumulated sediments into downstream waters. 6. All riprap associated with maintenance activities shall be placed to mimic the existing contours of the stream channel. Riprap shall be countersunk and placed at the grade with the existing stream substrate. Voids within the riprap shall be filled with suitable bedload substrate to prevent stream flow loss within the riprap areas. Suitable substrate does not include soil. Over-excavation or grouting for placement of riprap is not covered. 7. Work performed by vehicles and other heavy equipment may not be staged within the stream channel. 8. Work performed by hand and related hand-operated equipment is allowed within the stream channel.

General Conditions 1. The amount of fill, stream channel and bank modifications, or other impacts associated with the activity shall be limited to the minimum necessary to accomplish the project purpose. The permittee shall utilize the least impactful practicable method of construction.

2. All activities must be accomplished in conformance with the approved plans, specifications, data, and other information submitted in support of the ARAP application (form CN-1091) (except where no application is required as specified below) and the limitations, requirements, and conditions set forth herein. Failure to comply with the terms and conditions of this permit is a violation of the Act.

3. Activities, either individually or cumulatively, that may result in an appreciable permanent loss of resource values to streams or wetlands are not covered. This general permit shall not be used incrementally to combine with other activities resulting in a net loss of water resource values.

4. Clearing, grubbing, and other disturbance to riparian vegetation shall be kept at the minimum necessary for slope construction and equipment operations. Unnecessary native riparian vegetation removal, including tree removal, is prohibited. Native riparian vegetation must be reestablished in all areas of disturbance outside of any permanent authorized structures after work is completed. Coverage under this permit does not serve to waive any local riparian buffer protection requirement, and permittees are responsible for obtaining any necessary local approval.

5. Widening of the stream channel as a result of this activity is prohibited.

6. This activity may not result in the permanent disruption to the movement of fish or other aquatic life upon project completion.

7. Blasting within 50 feet of any jurisdictional stream or wetland is prohibited.

8. Activities that directly impact wetlands, or impair surface water flow into or out of any wetland areas are not covered.

9. Activities occurring in known or likely habitat of state or federally listed threatened, endangered, deemed in need of management, or species of special concern may not be authorized without prior coordination with the Tennessee Wildlife Resources Agency (TWRA) and TDEC Division of Natural Areas (DNA) to determine if any special conditions are required to avoid and/or minimize harm to the listed species or their habitat. Adverse effects to federally listed threatened and endangered species are not authorized by this permit. Permittee is responsible for obtaining prior authorization from the United States Fish and Wildlife Service (USFWS) as required by Section 7 or Section 10 under the Endangered Species Act.

10. Work shall not commence until the permittee has obtained all necessary authorizations pursuant to applicable provisions of section 10 of The Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, section 26a of The Tennessee Valley Authority Act, section 402 of the Clean Water Act (including, but not limited to, an NPDES permit for construction stormwater), or any other federal, state, or local laws. 11. Backfill activities must be accomplished in the least impactful manner possible that stabilizes the streambed and banks to prevent erosion. The completed activities may not disrupt or impound stream flow.

12. The use of monofilament-type erosion control netting or blanket is prohibited in the stream channel, stream banks, or any disturbed riparian areas within 30 feet of top of bank.

13. This permit does not authorize impacts to cultural, historic, or archaeological features or sites.

14. This permit does not authorize access to public or private property. Arrangements concerning the use of public or private property shall be made with the landowner. The permittee is responsible for obtaining any additional permitting or maintenance agreements with other government or public agencies or lands.

15. Where practicable, all activities shall be accomplished in the dry. All surface water flowing towards this work shall be diverted using cofferdams and/or berms constructed of sandbags, clean rock (containing no fines or soils), steel sheeting, or other non-erodible, non-toxic material. All such diversion materials shall be removed upon completion of the work. Any disturbance to the stream bed or banks must be restored to its original condition. As approved after Division review, activities may be conducted in the flowing water if working in the dry will likely cause additional degradation. Any work conducted in the flowing water must be for a short duration and with minimal impact, and conform to the Division-approved methodology.

16. All activities must be carried out in such a manner as will prevent violations of water quality criteria as stated in TDEC Rule Chapter 0400-40-03, or impairment of the uses of waters of the state as designated by Rule Chapter 0400-40-04.

17. Erosion prevention and sediment control measures must be in place and functional before any earth moving operations begin, and shall be designed according to the department’s Erosion and Sediment Control Handbook (http://tnepsc.org/handbook.asp). Permanent vegetative stabilization using native species of all disturbed areas in or near the stream channel must be initiated within 14 days of project completion (see also Landscaping with Natives at tneppc.org). Non-native, non-invasive annuals may be used as cover crops until native species can be established.

18. Temporary stream crossings shall be limited to one point in the construction area and erosion control measures shall be utilized where stream bank vegetation is disturbed. Stream beds shall not be used as linear transportation routes for mechanized equipment, rather, the stream channel may be crossed perpendicularly with equipment provided no additional fill or excavation is necessary.

Obtaining Permit Coverage Maintenance activities limited to the excavation of accumulated sediments and debris obstructing or impeding the function of an existing structure, for a cumulative maximum of 100 linear feet immediately above and/or below the structure, including removal of displaced riprap, and/or the placement of riprap within 25 feet upstream and 25 feet downstream of existing structures may be done without submittal of an application or written authorization from the division prior to the commencement of work, provided the work is performed in accordance with the permit terms and conditions. Other proposed maintenance activities may obtain coverage by submitting a signed and completed application (form CN-1091), along with any other required information, to the division. Work shall not commence until a written Notice of Coverage (NOC) from the division is received. As noted above, not all activities may be eligible for coverage under this general permit and coverage may be denied when appropriate. Each Notice of Coverage under this general permit is valid until the expiration date specified on the NOC. If the General Permit is modified, reissued, or revoked, and the permittee has commenced or is under contract to commence this activity before the expiration date, the permittee may have up to twelve (12) months from the date of the modification, reissuance, or revocation of the General Permit to complete the activity under the present terms and conditions of the general permit. An application fee as established in Rule 0400-40-11-.02 will be assessed to applicants intending to receive an NOC to conduct activities under this general permit. An annual maintenance fee will be assessed to those individuals holding general permit coverage unless a Notice of Termination (NOT) form is received prior to the one-year anniversary of the issuance date of the NOC. An NOT form can be downloaded from the division’s ARAP webpage (https://www.tn.gov/environment/permit-permits/water- permits1/aquatic-resource-alteration-permit--arap-.html).

04/07/2020 APPROVED: Jennifer Dodd (Apr 7, 2020) DATE: Jennifer Dodd Director, Division of Water Resources Appendix C – National Historic Preservation Act Compliance APPENDIX C – NATIONAL HISTORIC PRESERVATION ACT COMPLIANCE

The National Historic Preservation Act is the major piece of legislation that drives consideration of cultural resources for federal agency undertakings. Section 106 (54 U.S.C. § 306108) requires federal agencies to consider the effects of their undertakings on historic properties and notify the Advisory Council on Historic Preservation. Historic properties are buildings, structures, sites, objects, districts, or landscapes that meet specific criteria, have significance, and maintain integrity. Historic properties are either listed on or eligible for listing on the National Register of Historic Places.

36 C.F.R. § 800 directs a four-step process for federal agencies to follow to meet their obligations under Section 106.

Step 1 – Establish the Undertaking, identify appropriate State Historic Preservation Officer and other consulting parties, Step 2 – Determine the Scope of the Efforts, Identify Historic properties, Evaluate significance. If the Area of Potential Effects (APE) lacks historic properties, and consulting parties agree, then the Section 106 process is complete. Step 3 - If historic properties are present, then the federal agency evaluates the effects of the undertaking on the historic properties. If after consultation, all agree that there is no adverse effect to the historic properties, then the Section 106 process is complete Step 4 - If evaluation of the historic property concludes with an adverse effect to historic properties, then the federal agency must notify, invite the Advisory Council on Historic Preservation to consult, and resolve the adverse effects through a Memorandum of Agreement (MOA).

Federal agencies may use a phased process to conduct identification and evaluation efforts when specifically provided for in a MOA to § 800.6, or a Programmatic Agreement (PA) executed pursuant to § 800.14. Since the APE cannot be defined and effects to the National Register eligible Center Hill Dam cannot be determined at this point, the Corps initiated consultation and proposed to develop a PA.

C.2. Initiation

USACE initiated Section 106 with the State Historic Preservation Officer and federally recognized tribes with interests in Dekalb County, Tennessee.

In addition, a Scoping Notice, dated January 21, 2021 issued for compliance with the National Environmental Policy Act, included the following statement:

“By way of this letter, the Corps is soliciting public and agency comments concerning environmental or socioeconomic issues that should be addressed during the NEPA process. We encourage comments not only about the immediate project area, but also of plans or proposals for any other development that may impact or influence project resources. This letter also serves to initiate the public involvement requirements of Section 106 of the National Historic Preservation Act of 1966, as amended. Section 106 implemented by regulations at 36 CFR 800 requires the Corps of Engineers to consider the effects of its undertakings on historic properties. The Corps is seeking to develop a Programmatic Agreement to address phased compliance and effects to historic properties. If required, appropriate architectural and archeological investigations would be conducted within those areas affected by the proposed activities and resulting findings would be coordinated with the Tennessee State Historic Preservation Officer, Federally Recognized Tribes, and other consulting parties.”

Table B.1 summarizes responses from Consulting parties. There were no objections to pursuing a Programmatic Agreement for PAA.

Consulting Party Initiation Date Comments Advisory Council on Historic Preservation Tennessee State Historic 30 Nov. 2020 2 Dec 2020 – SHPO expresses concern Preservation that all gates should be replaced with Officer/Tennessee Heritage same specifications so they would Commission match. Also requests additional information on laydown area. In a phone conversation on 4 Dec 2020 between Corps Staff Valerie McCormack and THC staff Casey Lee, agreement was reached that a Programmatic Agreement is appropriate for the PAA. Absentee-Shawnee Tribe of 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), Oklahoma no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. Cherokee Nation 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. Eastern Band of Cherokee 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), Indians no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. Eastern Shawnee Tribe of 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), Oklahoma no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. Shawnee Tribe 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. United Keetoowah Band of 4 Dec. 2020 No response. Pursuant to §800.3(c)(4), Oklahoma no response within 30 days of receipt implies concurrence and agency may move to the next step in the process. Russel County 21 Jan 2021 No response. Pursuant to §800.3(c)(4), no response implies concurrence and agency may move to the next step in the process. Public 21 Jan 2021 No response. Pursuant to §800.3(c)(4), no response implies concurrence and agency may move to the next step in the process.

Appendix D – Unsigned Finding of No Significant Impact U.S. ARMY CORPS OF ENGINEERS NASHVILLE DISTRICT

FINDING OF NO SIGNIFICANT IMPACT

Spillway Gate Replacements Center Hill Dam and Reservoir DeKalb County, Tennessee

The U. S. Army Corps of Engineers, Nashville District (Corps) has prepared an Environmental Assessment (EA) in accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, Council on Environmental Quality regulations (CEQ, 40 CFR, 1500–1508), and the Corps Engineer Regulation (ER, 200-2-2, 1988, Procedures for Implementing NEPA). The EA was prepared to evaluate environmental effects associated with replacing the tainter gates (gates which allow water flow over the spillway) at Center Hill Dam/Reservoir in Dekalb County, Tennessee.

The EA, incorporated herein by reference, evaluated potential effects to various resource categories from the No Action Alternative (NAA) and the Proposed Action Alternative (PAA) which includes:

• Use of an existing disturbed area adjacent to the Auxiliary Dam on the right descending bank of Center Hill Dam for a construction laydown/staging area • Minor tree removal along an existing launch ramp, modification of the existing launch ramp to facilitate launching heavier equipment • Temporary installation of work platforms on top of dam, including drilling anchor holes and epoxying anchors into concrete • Temporary placement of stoplog structures that remain during installation of new gates/removal of existing gates that could prevent potential water flow through the spillway opening(s) during construction • Lead abatement due to partial removal of existing gate components • Use of a floating plant (work barge) with crane • Reducing traffic on Cove Hollow Road (Highway 96) to one lane for the duration of each construction season (approximately 5 months) and occasional full closure up to 24 hours, not on the weekends

The NAA is defined as the current status quo of making repairs as gate malfunctions occur. The NAA is included in the alternatives analysis to establish a baseline condition for existing human and natural environmental conditions, to allow comparison of potential environmental effects of the PAA.

Potential effects were assessed for the human and natural environment. A summary assessment of the potential effects of the recommended plan are listed in Table 1:

Table 1: Summary of Potential Effects of the Recommended Plan

Insignificant Resource Insignificant effects as a Resources unaffected effects result of mitigation* by action Aesthetics ☐ ☒ ☐ Air quality ☐ ☐ ☒ Aquatic resources/wetlands ☒ ☐ ☐ Invasive species ☒ ☐ ☐ Fish and wildlife habitat ☒ ☐ ☐ Threatened/Endangered species/critical habitat ☐ ☒ ☐ Wildlife Management Refuge Areas ☐ ☒ ☐ Wild and Scenic Rivers ☐ ☐ ☒ Historic properties ☐ ☒ ☐ Other cultural resources ☐ ☐ ☒ Floodplains ☐ ☒ ☐ Hazardous, toxic & radioactive waste ☒ ☐ ☐ Hydrology (lake elevation, downstream releases) ☐ ☐ ☒ Land use ☐ ☒ ☐ Noise levels ☒ ☐ ☐ Public infrastructure and Recreational Amenities ☒ ☐ ☐ Socio-economics ☒ ☐ ☐ Environmental justice ☐ ☒ ☐ Soils ☐ ☒ ☐ Tribal trust resources ☒ ☐ ☐ Water quality ☒ ☐ ☐ Climate change ☐ ☒ ☐ Lake Operations ☐ ☒ ☐ Hydropower ☐ ☒ ☐ Real Estate ☐ ☐ ☒

All practicable and appropriate means to avoid or minimize adverse environmental effects were analyzed and incorporated into the recommended plan. Best management practices (BMPs) will be implemented, if appropriate, to minimize potential adverse impacts.

Coordination with U.S. Fish and Wildlife Service (Service) per the Fish and Wildlife Coordination Act (FWCA 48 Stat, 401, as amended; 16 U.S.C. 661 et seq.) and Endangered Species Act of 1973 (ESA), was initiated through submittal of a Scoping Letter on 25 January 2021. Pursuant to section 7 of the ESA, as amended, the U.S. Army Corps of Engineers determined that the recommended plan would have no effect on federally listed species or their designated critical habitat.

Potential impacts to streams and wetlands were evaluated for compliance with Section 404 and 401 of the Clean Water Act. Temporary Fill associated with the work platform and fill to improve the access road and launching ramp would fall under the conditions of a section 404 Nationwide Permit 3, “Maintenance.” Therefore, because the project will be restricted to meet the conditions of Nationwide Permit 3, the project meets the guidelines of section 404 (b)(1). No additional analysis is required. Fill activities that would be associated with the PAA should fall under the conditions of the Tennessee General Aquatic Resource Alteration Permit for Maintenance Activities, issued April 7, 2020.

Section 106 of the National Historic Preservation Act (54 U.S.C. 306108) requires Federal agencies to take into account the effects of their undertakings and allow the Advisory Council on Historic Preservation the opportunity to comment. The replacement of the gates would be an alteration to original structural features of the National Register eligible Center Hill Dam and Hydroelectric Plant. However, the replacement of the gates would allow operation and maintenance of the property as originally designed. The PAA requires phased compliance under Section 106 as specific changes to the historic property would be determined after letting a contract. The Corps is developing a Programmatic Agreement with the State Historic Preservation Officer that allows for continued consultation and assessment of effects as the project is implemented.

All applicable laws, executive orders, regulations, and local government plans were considered in evaluation of alternatives. Based on this report, the reviews by other Federal, State and local agencies, Tribes, input of the public, and the review by my staff, it is my determination that the recommended plan (replace spillway gates at Center Hill Dam) would not cause significant adverse effects on the quality of the human environment; therefore, preparation of an Environmental Impact Statement is not required.

DATE SONNY B. AVICHAL, P.E. Lieutenant Colonel, U.S. Army District Commander