20051457 Ver 1_USACE Correspondence_20050906

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. 200330194
Mr. Butch Smith, General Manager
Cleveland County Sanitary District
Post Office Box 788
439 Casar Lawndale Road
Lawndale, North Carolina 28090
Dear Mr. Smith:
August 30, 2005
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Reference is made to your application dated June 22, 2005, in which you requested
Department of the Army (DA) authorization to construct the First Broad River Reservoir,
entailing the construction of a 83-foot high earthen dam across the First Broad River, adversely
impacting 24 miles of river and stream habitat, 1,400 acres of forested and agricultural land,
several populations of the federally endangered plant Hexastylis naniflora, and less than 1 acre of
wetlands. Reference is also made to the pre-application meeting(s) held on November 14, 2002,
and February 3, 2003, during which the proposed reservoir and the process under which it would
be reviewed was discussed.
Your February 3, 2003 correspondence to this office stated Cleveland County Sanitary
District's (CCSD) intent to use budgeted funds to prepare an Environmental Impact Statement
(EIS) for the proposed project. The purpose of this correspondence is to confirm the need to
prepare an EIS for the proposed project, as well as to outline the process by which we intend to
proceed with the review of your project pursuant to the National Environmental Policy Act of
1969 (NEPA) and Section 404 of the Clean Water Act. These issues are discussed in more detail
below.
In response to our Public Notice dated June 28, 2005, in which the proposed project was
described, we received scoping comments from the US Fish and Wildlife Service (IJSFWS), the
US Environmental Protection Agency (EPA), the North Carolina Wildlife Resources
Commission (WRC), the North Carolina Department of Cultural Resources (SHPO), the North
Carolina Division of Water Quality's Planning Section (DWQ), and the North Carolina Division
of Water Resources (DWR). Copies of the agency comments are enclosed for your information.
Additionally, numerous comments were received from local residents.

Based on these comments, and our review of the proposed project and its adverse impacts
as described above, we have concluded that the project will result in a significant impact to the
quality of the natural and human environment. Accordingly, the proposed project, including
alternatives to the proposed project, must be fully disclosed in an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act of 1969 (NEPA). This
disclosure process will allow a more thorough review of the project, including a detailed analysis
of alternatives to the proposed action. In accordance with Corps Policy, the EIS will be prepared
using the third party contracting process described in paragraph 2 of the enclosed Memorandum
from Headquarters, USACE, dated December 31, 1997. I have also enclosed a disclosure
statement (40 CFR Section 1506.5©) that must be signed by the contractor who will be preparing
the EIS.
In accordance with the enclosed memorandum, please forward, at your earliest opportunity,
a list of chosen contractors that are qualified to develop the EIS. CCSD may indicate their
preferred contractor on the list. The Cleveland County Sanitary District will retain the selected
contractor, at its cost, to prepare the EIS. Notwithstanding payment by the CCSD, the
Wilmington District will supervise and direct the preparation of the EIS. Accordingly, as the
document is prepared, it must be sent directly to us for our review, comment and approval. We
have no objection if the document is sent concurrently to CCSD for their review; however, this
office will make all final decisions concerning the content of the EIS.
As we have also discussed, we feel it will be appropriate to convene an interagency team to
review the contents of the EIS as it is developed. It has been our experience that the
development of such a team, allowing the agencies to provide comment on the purpose and need
statement, alternatives to the proposed action, and selection of a preferred alternative, provides a
more predictable outcome of the EIS process, thus facilitating the ultimate review of your
proposal pursuant to Section 404 of the Clean Water Act. We will be happy to discuss the
formation of this team at your earliest convenience.
Questions or comments regarding this correspondence should be directed to the
undersigned at [phone] x 225.
Sincerely,
~ ~~
David B er
Regulatory Project Manager
Asheville Regulatory Field Office

Enclosures as stated
Copies furnished (with enclosures):
Pamela M. Boaze
Fish and Wildlife Associates, Inc.
Post Office Box 241
25 Water Tower Lane
Whittier, North Carolina 28789
Copies furnished (without enclosures):
Brian P. Cole, Field Supervisor
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Becky Fox
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Cyndi Karoly
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ron Linville
North Carolina Wildlife Resources Commission
3855 Idlewild Road
Kernersville, North Carolina 27284
Renee Gledhill-Earley
North Carolina Department Of Cultural Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617

John Sutherland
North Carolina Department of Environment and Natural Resources
Division of Water Resources
1611 Mail Service Center
Raleigh, North Carolina 27699-1611