EPA Clarification of FONSI Comments (email)

Wainwright, David
From: Payonk, Philip M SAW <Philip.M.Payonk @usace.army.mil>
Sent: Thursday, August 21, 2014 7:18 AM
To: Wainwright, David
Cc: Bashaw, Justin P SAW; Gatwood, Elden SAW; Banaitis, Carol M SAW
Subject: FW: FONSI for A Demonstration Project Showing the Impact of Floating In-Lake Long-
Distance Circulators in B.E. Jordan Lake (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
David: Please include this in your In-Lake Circulator project file. USACE will do the same. I do not believe that any
additional action is required.
Philip M. Payonk
Chief, Environmental Resources Section
Wilmington District, US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
phone: [phone]
mobile: [phone]
fax: [phone]
email: philip.m.payonk @ usace.army.mil
-----Original Message-----
From: Holliman, Daniel [mailto:Holli man.Daniel @epa.gov]
Sent:Wednesday,August 20, 2014 4:27 PM
To: Payonk, Philip M SAW
Cc: Gatwood, Elden SAW; Bashaw,Justin P SAW; Mueller, Heinz; Gordon, Lisa Perras; Petter, Lauren; Bowers,Todd;
Mancusi-Ungaro, Philip
Subject: [EXTERNAL] FONSI for A Demonstration Project Showing the Impact of Floating In-Lake Long-Distance
Circulators in B.E.Jordan Lake
Phil,
As discussed earlier this week,we reviewed the draft Environmental Assessment(EA)for A Demonstration Project
Showing the Impact of Floating In-Lake Long-Distance Circulators in B.E.Jordan Lake and provided comments to the
USACE on April 7, 2014 by email. It was determined by the USACE that granting the real estate license to the North
Carolina Division of Water Resources for the placement of 36 circulators within B.E.Jordan Lake was not a significant
action that would require an EIS and issued a Finding of No Significant Impact(FONSI)for the proposed action. EPA
appreciates the USACE providing EPA with a copy of the FONSI and a copy of the responses to comments. We have
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reviewed the responses to comments and would like to provide additional clarification related to our review of this
project.
EPA provided six comments on the draft EA related to the following areas: state water quality standards, phosphorus
and nitrogen loadings from the watershed,Jordan Lake Rules implementation, recreation, impacts to fish, and
uncertainty of the proposed circulators effectiveness. EPA appreciates the responses provided to our comments,
however we would like to clarify responses provided to citizens relating to the project's compliance with the Clean
Water Act(CWA) and EPA's review. Two responses to citizen comments relating to compliance of the circulators with
the CWA state that "The USEPA is aware of the demonstration project, has reviewed the EA, and has provided
comments (See B.12 of this Appendix). USEPA comments did not indicate that the proposed action represents a
potential conflict or violation of the Clean Water Act as described in this comment" (responses to citizen comments
provided on pages B16 and B37 of the FONSI). We do not believe this response appropriately reflects our position on
this issue. It should be noted that EPA reviewed this project in the context of a narrow federal action (granting the real
estate license) and with the understanding that this was a demonstration project, not a permanent installation. In our
comments on the draft EA,we expressed concerns relating to nutrient loadings in the watershed and our support for
implementation of the nutrient reduction efforts in the watershed through the approved TMDL. EPA continues to
support efforts to reduce nutrient loadings in the watershed, including but not limited to developing numeric nutrient
criteria, as a means of addressing water quality issues in B.E.Jordan Lake. EPA is concerned that the USACE's response
to comments on pages B16 and B37 may have given the impression that a full review for compliance of this approach
was given,which is not the case.
We ask that this correspondence be included in the record to ensure clarity of our position. Should USACE require EPA's
input as part of its responsiveness in this or any future EA or EIS, please do not hestitate to contact us. We would be
happy to provide a review of any question that is within our authority to answer. We appreciate the opportunity to
review the FONSI and responses to comments on this project. If you have any questions please call or email.
Regards,
Dan
Dan Holliman
USEPA Region 4 1 NEPA Program Office
61 Forsyth Street SW I Atlanta, GA 30303
tel[phone] holliman.daniel @epa.gov
Region 4 NEPA: http://www.epa.gov/region4/opm/nepa/index.html
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Classification: UNCLASSIFIED
Caveats: NONE
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