As you know, the City of Brentwood partnered with TDOT on the Franklin Road widening project. The City's role in the project provided for City funding of all engineering design and right of way acquisition. TDOT is providing funding for utility relocation and actual construction of the road widening project.
As part of the design and permitting phase of the project, it was determined that the proposed improvements associated with the widening would result in impacts to seven streams and three wetlands in the Harpeth River Watershed that comprise a total length of approximately 327 linear feet. The applicable environmental regulations require that these impacts be mitigated either by creation of additional wetlands/streams or enhancement of existing wetlands/streams within the same drainage basin. Recognizing that acquisition of land by the City for development of a new wetland area somewhere within the same drainage basin could be costly and create a delay in the project, TDOT and City staff explored the option of a wetland enhancement project within Smith Park. Following on-site visits by TDOT and others involved in the project, it was determined that pursuing the offsetting mitigation effort in Smith Park was the most prudent approach.
As shown on the attached "mitigation area map," this enhancement mitigation project will encompass approximately 1070 linear feet of a segment of the West Branch of the Little Harpeth River in Smith Park. TDOT will re-construct the designated section of stream that is located on the north side of the park near the common property line with the Smith's. In addition to the re-construction, the project will include installation of a number of new plantings along the stream bank. All of the plantings are designed to survive in wetland areas and were also selected to provide attractive seasonal coloring. A simplistic drawing of the planned mitigation tasks is attached for information.
In allowing the mitigation project to be completed in Smith Park, the City must agree to certain use restrictions for this approximate 2.807 acre area. The restricted area includes the section of stream to be re-constructed along with a buffer strip on either side of the stream. These restrictions will be recorded and will attach to the property should the City ever transfer ownership. Given the area in question is in an undeveloped area of the park where no future amenities are planned, these use restrictions do not create an undue burden. Signs will be posted along the boundary of the restricted area per TDEC requirements. The specific use restrictions provided for in the attached document (Contract 2018-084) include:
- No commercial or industrial use of the area;
- No removal, destruction, cutting, or spraying with biocides of any vegetation nor any disturbance or change in the natural habitat of the area;
- No grazing of livestock;
- No filling, excavation, dredging, or other change of topography of the area;
- No construction of buildings or structures;
- No construction of roads, but the existing private driveway may remain;
- No draining, ditching, diking, channelizing, damming, pumping, etc. of water within the area;
- No operation of vehicles except as necessary to maintain the property as a protected natural area;
- No introduction of non-native or exotic species
As noted previously, the 2.807 acre area affected by this agreement is located within an area where no future park development is planned. Because of this, staff believes the land use restrictions will have little or no impact on the City's continued operation and maintenance activities in the park or the public's use of the park. In fact, the project will provide a significant environmental enhancement within the park that could be used for educational purposes.
In order for TDOT to construct the mitigation project, they need the city's permission to access the property. Therefore, staff is also requesting approval of the attached Temporary Construction Easement (Contract 2018-083). The total area of the temporary construction easement is 2.745 acres and a drawing depicting the area of the temporary easement is also attached.
In addition to the land-use restrictions, there are certain on-going maintenance and reporting requirements imposed by TDEC, and TDOT has agreed to be responsible for those tasks.
Please direct any questions to the Engineering Director. |