20060385 Ver 1_USEPA Comments_20060809

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August 3, 2006
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY -r (u4ni
REGION 4 LnSV Cl
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
Colonel John E. Pulliam
District Engineer
U.S. Army Corps of Engineers
ATTN: Mr. David Baker
151 Patton Avenue
Asheville, North Carolina 28801
SUBJ: Forge Cove Lake
Action ID: 200630708
Dear Colonel Pulliam:
A? G o ? 2406
I .
The Environmental Protection Agency (EPA) originally provided comments on the Forge
Cove Lake project when the Public Notice (PN) was released on March 28, 2006. We have
subsequently reviewed the June 15, 2006, information packet prepared by the applicant which
addresses agency comments and provides revised project information. The applicant has
reduced the size of the proposed amenity lake from 27 acres to 15.6 acres. The original plan
propossed to place fill into 500 linear feet of stream for the dam footprint and to flood an
additional 6,555 linear feet of stream. The revised plans would reduce the flooding impacts by
approximately 2,000 linear feet, including a reduction of 715 linear feet on Osborne Branch.
Osborne Branch supports a breeding population of Southern Appalachian brook trout. A rolled
concrete dam is being proposed instead of the originally proposed earthen fill dam. This would
reduce hard impacts for the dam footprint to 125 linear of permanent impacts and 75 linear feet
of temporary impacts-.-W-e have the following comments on the revised project plans.
Although we appreciate the applicant's attempts to reduce impacts to flowing waters and
brook trout habitat, we believe the revised project will still result in a negative impact on the
breeding brook trout population in Osborne Branch and, over time, would likely eliminate the
population. We support the information and-positions stated in the original and follow-up letters
of the wildlife resource agencies (the U.S. Fish and Wildlife Service and the North Carolina
(NC) Wildlife Resources Commission) concerning the potential impacts the proposed lake would
have on the breeding brook trout population. As we stated in our original letter, we believe the
proposed impoundment will likely have a severe detrimental effect on the brook trout population
in this aquatic habitat.
We have also reviewed the financial information provided by the applicant. According to
the revenue estimates provided, the development would produce approximately $46 million in
revenue without the amenity lake and $60 million with the lake. It is EPA's opinion that the
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residential development is not a water dependent activity. As we stated in our PN April 27,
2006, comment letter, we believe the project purpose ("to provide an approximate 27-acre lake
.was a recreational amenity to the subdivision ") is too narrowly defined.. We, maintain our position
that4 e basic project purpose should be broadly defined to reflect the generic function of the
activity and not so narrow as to eliminate any other alternatives. The 404 (b) (1) Guidelines
"...prohibit discharges where there is a practicable less damaging alternative..." The Guidelines
go on to state, "these waters form a priceless mosaic. Thus, if the destruction of an area of
waters of the U.S. may reasonably be avoided, it should be avoided." Although cost is an
important consideration in determining practicability, it is our opinion there is a "no action"
alternative for the proposed project which will generate an approximate $46 million revenue
intake in lot sales. We do not agree with the applicant's stated position that the project is not
cost-effective without the amenity lake. The Guidelines do not state or infer that a project
alternative is not practicable if there is another alternative which would result in increased profit
margins. The Guidelines do state that the selected project alternative should be the one that is
the least environmentally damaging practicable alternative (LEPDA). It therefore appears that
the LEPDA for this project is the residential development without the construction of the
amenity lake. The financial estimates do not provide information to support the applicant's
position that the project without the lake is not practicable. It should also be noted, that the profit
estimates for the project with the lake do not consider the construction costs of the dam/lake and
/ mitigation costs or the profits that could be generated by the additional lots on the 15+ acres
where the lake is proposed.
Based on the above discussion, we believe the project, as proposed is not approvable at
this time. We also have concerns about the proposed mitigation and believe it will be difficult to
mitigkte for the loss of Southern Appalachian brook trout habitat. We noted the correspondence
from the NC Ecosystem Enhancement Program which specifies they will provide 929 linear feet
of cool water mitigation. Mitigation for the proposed project in waters supporting a trout
population would require cold water mitigation, not cool water mitigation. We are not providing
a detailed discussion of the proposed mitigation, at this time, because it is uncertain what
impacts, if any, will be permitted. We would like to be involved in fiirther mitigation
discussions depending on how Wilmington District decides to proceed with this project.
EPA appreciates the opportunity to comment on this project. As stated above, due to the
significant impact this project will have on the native brook trout population in Osborne Branch
and the lack of adequate and appropriate mitigation, we believe the project, as proposed, is not
approvable. If you have any questions regarding these comments, please contact Becky Fox at
[phone] or fox.rebecca@ epa.gov. --
Sincerely,
Ronald J. iku ak, Chief
Wetlands Rz-uAatorv Section
cc: See Enclosed List
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cc List:
Ms. Cyndi Karoly
.NC Division of Water Quality
1650 Mail Service Road
Raleigh, North Carolina 27699-1650
Mr. Kevin Barnett
NC Division of Water Quality
2090 US Highway 70
Swannanoa, North Carolina 28778
Mr. Brian Cole
U. S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801-1082
/ Mr. Dave McHenry
Mountain Region Coordinator ,
Habitat Conservation Program
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Wayesville, NC 28786