Details for Public Notice Tennessee Department of Environment and Conservation (TDEC)

 Public Notice

Tennessee Department of Environment 

and Conservation (TDEC)

Division of Water Resources (DWR)

Notice Requesting Public Comments on 

Draft Permit Actions

FILE # 20.064


The purpose of this notice is to advise the public of the following proposed permit action and solicit comments and information necessary to evaluate the potential impact of the proposed activities on the aquatic environment. 


Pursuant to The Tennessee Water Quality Control Act of 1977, T.C.A. §69-3-108 and Tennessee Rules, Chapter 0400-40-07, the proposed activity described below has been submitted for approval under an Aquatic Resource Alteration Permit and Section 401 Water Quality Certification. Section 401 of the Clean Water Act requires that an applicant obtain a water quality certification from the state when a federal permit is required. This notice is intended to inform interested parties of this permit application and draft permit and rationale, and to ask for comments and information necessary to determine possible impacts to water quality. At the conclusion of the public notice period a final determination will be made whether to issue or deny the permit. 



Meghan Ploch

Tennessee Department of Environment & Conservation

Division of Water Resources, Natural Resources Unit

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 11th Floor

Nashville, Tennessee 37243



APPLICANTSouthern Land Company 

3990 Hillsboro Pike, Suite 400

Nashville, TN 37215



Keats Street, Westhaven Subdivision, Williamson County 

Hatcher Spring Creek, Harpeth River Watershed, Ecoregion 71h Outer Nashville Basin


To view the proposed location of these impacts and the watershed condition, visit the Division’s mapviewer at and search on the permit number or coordinates listed in this Public Notice. 



The applicant proposes to install two open-bottom culverts impacting 120 linear feet of stream. One open-bottom culvert will be installed on Stream 1 and impact 60 linear feet of stream. The other culvert will be installed on Stream 57 and impact 60 linear feet of stream. The structures will allow for a natural channel bottom. The purpose of the crossing within Section 57 is to provide additional points of ingress and egress to residential housing as part of the Westhaven Community. The 60 LF S57 crossing is planned to extend Cheltenham Avenue to the southeast and will cross the watercourse that runs between Nelson Drive and Eliot Road. This location will give an ingress/egress access point for the Section 57 Action Area. The 60 LF S1 crossing is planned to extend Congress Drive and allow a point of ingress/egress to the Master Plan area south of the Section 57 Action Area. To minimize impacts, the applicant proposes to utilize open-bottom culverts to promote a natural channel bottom and allow for sediment transport.  This project is part of a common plan of development and the applicant has previously exceeded the general permit cumulative limits for stream crossings. Mitigation will occur on-site through enhancement of 365 linear feet of Hatcher Spring Creek.



The affected waters have unavailable parameters for habitat alteration. In accordance with the Tennessee Antidegradation Statement (Rule 0400-40-03-.06), the Division has made a preliminary determination that the proposed activities will result in no significant degradation in a waterbody with unavailable parameters for habitat because the applicant proposes mitigation to offset any appreciable permanent loss of resource values. 



In deciding whether to issue or deny this permit, the Division will consider all comments of record and the requirements of applicable federal and state laws. The division will consider the nature, scale and effects of proposed impacts. The Division will consider practicable alternatives to the alteration, loss of waters or habitat, diminishment in biological diversity, cumulative or secondary impacts to the water resource, and adverse impacts to unique, high quality, or impaired waters. In making this decision, a final determination will be made evaluating appreciable permanent loss of resource values and proposed compensatory mitigation to ensure the project will not result in no overall net loss of state water resources values. 



TDEC is requesting public comment on this proposed permit action. Obtaining a broad range of facts and opinions on Agency actions is one of the best ways to ensure appropriate decisions. Persons wishing to comment on the proposal are invited to submit written comments to the Division. Written comments must be received within thirty days following distribution of the approved public notice materials (including signage and newspaper ad). Comments will become part of the record and will be considered in the final decision. The applicant’s name and permit number should be referenced. Send all written comments to the Division’s address listed below to the attention of the permit coordinator. You may also comment via email to   


After the Division makes a final permit determination, a permit appeal may be filed by the applicant or by any person who participated in the public comment period whose appeal is based on comments given to the Division in writing during the public comment period or in testimony at a formal public hearing. If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Saul Castillo at 615-532-0462 or for more information.   



Interested persons may request in writing that the Division hold a public hearing on this application. The request must be received by the Division within the comment period, indicate the interest of the party requesting it, the reason(s)  a hearing is warranted, and the water quality issues being raised. When there is sufficient public interest in water quality issues, the Division will  hold a public hearing in accordance with 0400-40-07-.04(4) (f).  Send all public hearing requests to the attention of the permit coordinator at the address listed below or via email to Any scheduled public hearings will be advertised through a similar public notice process. 



The permit application, supporting documentation, including detailed plans and maps, draft permit and rationale, and related comments are available for review on the internet at the Division’s Water Resources Permits Dataviewer ( by entering the permit file number listed in the title of this Public Notice. The file may be viewed and copied at the address listed below. 


Tennessee Department of Environment & Conservation

Division of Water Resources, Natural Resources Unit

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 11th Floor

Nashville, Tennessee 37243   


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