20200987 Ver 1_USACE More Info Requested_20200914

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
September 14, 2020
Action ID: SAW-2015-007888
Anchor QEA of North Carolina, PLLC
Attn.: Robert Cork
231 Haywood Street
Asheville, NC 28801
Subject: Corps Comments and Request for Additional Information — Lake Adger Dredging
Proj ect
Dear Mr. Cork:
Reference is made to your June 16, 2020, Department of the Army permit application
submitted on behalf of North Carolina Wildlife Resources Commission for the dredging of the
recreational navigation channel between the Lake Adger public boat access area and the lake's
main channel adjacent to the Lake Adger marina in Mill Spring, Polk County, North Carolina.
Based on our review of the application, supporting documents, and comments submitted by
supporting agencies and the public, the Corps is requesting additional information and providing
comments as follows:
1) Submit an alternative analysis.
Under the Section 404(b)(1), the alternative analysis requires the applicant to
demonstrate there are no practicable alternatives to the proposed discharge that would
have a less adverse effect on the aquatic environment. Noncompliance with this
requirement is sufficient basis for the Corps to deny the project permit. Also, the
unavailability of practicable alternatives does not necessarily result in issuance of a
permit. Compensatory mitigation cannot be used to satisfy the alternative analysis.
The applicant must demonstrate to the Corps that the proposed project is the least
environmental damaging practicable alternative (LEDPA) to achieve the project's
purpose. The 404(b)(1) guidelines requires selecting the LEDPA, provided it does not
result in greater adverse environmental consequences. No discharge of dredge or fill
material shall be permitted if there is a practicable alternative to the proposed
discharge which would have less adverse impacts on the aquatic ecosystem, so long
as the alternative does not have other significant adverse environmental
consequences.
Alternatives must be practicable, feasible, and accomplish the project's purpose and
need. An alternative is practicable if it is available and capable of being done taking

into consideration cost, existing technology, and logistics in light of overall project
purpose.
Alternatives not involving discharges into special aquatic sites are presumed available
and have less adverse impact on aquatic ecosystem, unless clearly demonstrated
otherwise. Special aquatic sites are sanctuaries and refuges; wetlands; mud flats;
vegetated shallows; coral reefs; and riffle and pool complexes.
The analysis must include the no action alternative, the proposed project, and a
sufficient number of alternatives to demonstrate the applicant has considered
alternatives to the proposed project which may impact more or less aquatic resources.
The analysis should clearly state each alternative and document the rational and
findings of each alternative. Each alternative should state the extent of impacts to
aquatic resources, effects to federally protected species and historic properties,
estimated cost, and summarize the construction methodology and logistics.
Based on the submitted information for the proposed project, the Lake Adger
dredging project is considered water dependent by the Corps. The activity does
require access or proximity to or sitting within special aquatic sites (wetlands) which
are within the Corps' project Area. Therefore, you will not need to look at off -cite
alternatives in your analysis.
2) Provide final design and plans for the dredging and spoils disposal activities. The
plans need to include a vegetation monitor plan for the new or enhanced wetlands of
the spoils disposal areas. The plans should include the estimate volume of dredged
material for the initial dredging episode and the expected volumes for future
maintenance dredging episodes.
3) Provide an evaluation and discussion of the existing conditions of the aquatic
resources proposed to be impacted and how these resources will change based on the
proposed project.
4) The project is located within the FEMA designated 100-year floodplain. The project
must comply with applicable FEMA-approved state and local floodplain management
requirements. Provide a copy of the approved FEMA permit or other documentation
that indicate the project meets these requirements.
The Corps is considering the permit expiration to be 25 years after issuance, with the
initial dredging episode to be conducted within 36 months after issuance and future
maintenance dredging to be conducted as needed.
5) Provide a schedule for the dredging and disposal area activities for the initial episode
of dredging and an estimate of how often future dredging activities will be conducted.
Please submit the above requested information by December 31, 2020. Once the Corps
receives the information, a meeting with NCWRC, NCDEQ-DWR, and the Corps may be
appropriate in order to review and discuss the information submitted. In order to aid in NCDEQ-
DWR's 401 permit process for this project, please copy Sue Homewood with NCDEQ-DWR on
your document to be submitted to the Corps. If you have any questions please contact me.

Sincerely,
I_
David Brown, PG
Regulatory Specialist/Geologist
Asheville Regulatory Field Office
Copy (by email):
NCDEQ-DWR - Sue Homewood, [e-mail]
NCWRC - Andrea Leslie, andrea.leslie(ancwildlife.org
NCWRC - Jeff Ferguson, jef£ferguson(ancwildlife.org