Date: 2/06/06
To: Helen Rucker, TVA NEPA Staff
From: Lamar Marshall
Subject: Comments of Lamar Marshall, Executive Director, Wild South
The following are my comments on the proposed Elk River Marina:
Abstract
Tract XWR-21PT of public property was allocated for Commercial
Recreation in the 1995 TVA Wheeler Reservoir Land Management Plan
without proper archaeological studies to determine the
significance of known and unknown archaeological resources
both above and below the normal pool elevation. A Phase
I archaeological survey failed to find abundant evidence of
Native American occupation on the shoreline at low water
levels. Although dredging is proposed in the construction
of the marina, TVA maintains that it will not provide for
underwater surveys to determine whether Indian burials or other
significant resources would be impacted. There controversy
over whether the homestead sites located on the property
are late eighteenth, early nineteenth, late nineteenth or
early twentieth century. Insufficient research was
performed by TVA to determine whether there was a single
occupation or a series of occupations (on at least two
homestead sites) by Native Americans and later European
immigrants. TVA failed to discuss the significance of a
road/trail system found on this tract of lands.
Comments on Special Interests and Public Properties
I would like to quote former president Teddy Roosevelt regarding
the present state of our federal agencies from the Bush
Administration to the Tennessee Valley Authority. The
purpose of subjecting TVA personnel to the words of this great
statesman and conservationist is to remind you that once upon a
time there were things called principles, ethics, democracy
and the public trust doctrine. Not long ago, corporations
lobbied the elected official in Washington. Today, they
have omitted the middle man. Special interests with greedy
eyes covet our last great wild, natural public lands. They have
one thing in common - money.
“In our day it appears as the struggle of free men to gain and
hold the right of self-government as against the special
interests, who twist the methods of free government into
machinery for the defeating the popular will. At
every stage, and under all circumstances the essence of the struggle is
to equalize opportunity, destroy privilege, and give to the
life and citizenship of every individual the highest
possible value both to himself and to the
commonwealth.”
“This means that our governments, national and state, must be
freed from the sinister influence or control of special
interests. Exactly as the special influence of cotton
and slavery threatened our political integrity before the
Civil War, so now the great special business interests too often
control and corrupt the men and methods of government for their
own profit. We must drive the special interests out
of politics. This is one of our tasks today.”
“Every special interest is entitled to justice – full, fair
and complete. The Constitution guarantees protection
to property, and we must make that promise good. But
it does not give the right of suffrage to any
corporation. Not one is entitled to a vote in Congress, a
voice on the Bench or representation in public
office.”
“The true friend of property, the true conservative, is he who
insists that PROPERTY SHALL BE THE SERVANT and NOT THE
MASTER OF THE COMMONWEALTH, who insists that the creature
of man’s making shall be the servant, and not the
master of the man who made it. The citizens of the United States
must effectively control the mighty commercial forces which
they themselves have called into being. There can be
no effective control of corporations while their political
activity remains. To put an end to it will be neither a
short nor an easy task, but it can be done.”
“I believe that the OFFICERS AND ESPECIALLY THE DIRECTORS OF
CORPORATIONS SHOULD BE HELD PERSONALLY RESPONSIBLE when any
corporation breaks the law. Combinations [mergers] in industry
are the result of an imperative economic law which cannot
be repealed by political legislation. The effort at
prohibiting all combination has substantially failed. The way out
lies not in attempting to prevent such combinations, but in
completely controlling them in the interest of public
welfare.”
“What this country needs is what every free country must set
before it as the great goal toward which it works –
equal opportunity for life, liberty and the pursuit of
happiness for every one of its citizens. To achieve this
we must put a stop to the improper political dominion, no
less than to the improper economic dominion, of the great
special interests. This country, its natural
resources, its natural advantages, its opportunities and
its institutions, belong to all its citizens. They
cannot be enjoyed fully and freely under any government in
which the special interests as such have a voice.
The supreme political task of our day, the indispensable
condition of national efficiency and national welfare is to drive
the special interests out of our public life.”
Teddy Roosevelt
EA: “No...known archaeological or historical sites.” Page 7
The TVA EA states that there are no known archaeological or
historical sites. The EA should have said “no
known ‘significant’ archaeological or historical
sites.” I would still challenge TVA’s position on
this statement.
TVA certainly knows that there are historic sites on the property. On
page 20, the TVA Cultural Resources staff defined the APE
and identified sites as late nineteenth century to early
twentieth century historic homesteads. Since there are many
EARLY nineteenth century homestead sites of both Native
American and European in the area, how did the team determine
these were late nineteenth century rather than early
nineteenth century? Since this same contractual group
walked the shoreline and failed to find evidence of occupation by
Native Americans and in February a Wild South team walked the
shore and found plenty of artifacts to warrant an
investigation, we may conclude that the previous survey
team was wrong about the significance AND THE ORIGIN AND THE AGE
of the homesteads.
According to Rickey Butch Walker, Director of both the Lawrence
County Indian Education Program and the Oakville Indian
Mounds and Park.
“The area proposed for a marina on Elk River in Lauderdale
County, Alabama, was part of Cherokee Chief
Doublehead’s Reserve recognized by the Cotton Gin
Treaty of January 7, 1806. Prior to and after this treaty, the
land actually belonged to the Chickasaws as recognized by
the Chickasaw Boundary Treaty of January 10,
1786.” Mr. Walker is also a noted author of several
books on north Alabama Indian history.
The homestead on the TVA property may well be from Doublehead’s
era. Certainly this would be an important element and
subject of discussion in TVA’s research and in
conjunction with TRC Solutions’ (Wild, 2005) Phase
I archaeological survey. Please remit a copy of this report to me.
Robert L. Barnes bought the property in 1900. The two home sites
were either built then OR BEFORE, roads and trails were
built either then OR BEFORE. Simple subtraction says
that one or more of the two known homes sites are at least
106 years old. NAPA says home sites, structures, roads,
trails, etc, a hundred years old are defined as archaeological
resources and protected by law until studied for their
significance or nomination to RHP. TVA blew over this
property and its resources much too swiftly and incompletely to
deem the known and unknown resources insignificant.
Indeed, the property contains historical sites that are known to TVA
and most likely, sites not found by TVA due to a failure to
study the area.
TVA has not completed adequate archaeological surveys in this
area. The few shovel pits and a walk along the
shoreline does not justify an assumption by TVA that there
are no significant resources in the proposed dredging
area. Only an underwater survey and a more intensive
surface grid of test pits can satisfy these deficiencies.
An on-site inspection by a Wild South team on February 8, 2006 found
ample evidence along the shoreline to warrant a much more
intense inspection of the property, both above waterline
and below waterline. (See attached photo exhibits.)
Personal Testimony that Tract XWR-21PT Was Occupied by Native
Americans Furthermore, I personally interviewed the great grandson of
Robert. L. Barnett, the man who owned the farm at the time
of or just prior to the TVA acquisition. Troy Barnett
testified that he was told many times that Indians lived on
the farm prior to his family’s occupation of the
property. His testimony of family history substantiates the
existence of Native American occupation of Tract
XWR-21PT. His grandfather related that when the fields just
below the proposed marina site were plowed, stone tools,
pottery pieces, and projectile points were found.
Therefore, the argument for the existence of significant
archaeological resources on this property and underwater in the
dredging area is very strong.
Expert Opinion of Potentially Significant Sites on or Adjacent to Tract XWR-21PT
I have spent nearly forty years locating and visiting village
sites of the Creek and Cherokee Indians in Alabama. I
am very familiar with the location of hundreds of
historical and prehistorical village sites. The junction of
the Elk River and Tennessee River was very important
politically, geographically and in other ways. For
example, Indian tribes claimed their boundaries by rivers,
streams and the dividing ridges of watersheds. The Elk River
is recorded in many pages of testimony of early tribal
lands. Villages grew up along the fall lines and
shoals because of the fishing, especially spring shad (and
other species runs). This makes the large flat land
underwater and adjoining Tract XWR-21PT a prime candidate for a
significant village site. The higher elevations above the
water line is an area of potential burial sites.
In addition, Tract XWR-21PT would have been important to Indians
because the principal and central portion of the property
is bounded by two spring-fed streams that run together
under the lake. Furthermore, additional springs and a
home site are key features on the 1934 TVA acquisition map. Many
European settlers built their houses on previously occupied
Indian villages and campsites. This area underwater today
contains all the elements for a potential hotspot of Native
American occupation.
Failure of TVA to Identify Historic Road on Tract XWR-21PT
Furthermore, TVA failed to note the existence of a historic road
that was clearly shown on the acquisition maps of 1934.
According to the National Historical Preservation Act, any
road or trail over 100 years old is protected by law as an
archaeological resource until a study determines that it is
not significant. I have seen no discussion of this
road or any proof that TVA did in fact research this road.
In fact, there is no record in any documents made available
from TVA to indicate that this road was studied in the 1995
Plan. This fact adds to the weight of evidence that this
property was mis-allocated in 1995 due to a lack of
adequate archaeological surveying and testing.
I consider myself an expert in early pioneer roads and Indian
trails. I have published numerous articles and one book on
the Indian Trails of Alabama. See the newly published book
Indian Trails of the Warrior Mountains by Lamar Marshall
and Ricked Butch Walker, submitted with my comments. For
several years I worked for Frank Hollis and Associates and
later for Gillian Land Surveying in Innuendo, both of which
were land surveying companies. I worked as a plat
technician in charge of producing survey plats both from contemporary
and historical surveys. I own a copy of the original
1818 survey of Alabama by John Coffee, which was conducted
to divide the land into sections, townships and
ranges. I have studied this document for many years.
I inspected the historic road on this property. After having
researched, identified, photographed, and documented
hundreds of historic roads and trails, it is my opinion
that this road was probably an Indian trail prior to
occupation by early settlers before1934. A trail and road
system existed throughout the region. There is no
doubt that a trail traversed up the west bank of the Elk
River from the settlements on the Tennessee River just a mile or
so below. It is also highly likely that another trail
traversed parallel to the Elk River on higher ground
parallel to the west bank of the Elk River. Mellon’s Bluff was an Indian settlement just across the
Tennessee River from the mouth of Elk River. A major
Indian trail called the Black Warrior’s Path crossed
the river in the Elk River Shoals and went up the east bank of the
Elk River to Fort Hampton. There was a well known Indian
trail/pioneer road that connected modern Huntsville
with Bainbridge on the Tennessee River west of Rogersville.
There was a system of roads and trails in place before
European settlers moved onto former Indian lands. The old
farm or field road shown on the TVA acquisition map and
identified by our field team, could well have been a
connecting trail that left the a village site along this portion
of the Elk River. It would have followed
the contour of the hill along the south shore of the north
wetland in this tract and followed the ridges to the vicinity
of Rogersville.
“Some of the trails not only tied up the uttermost parts of the
present state, but extended into Tennessee, Florida,
Georgia and Mississippi where they make connection with
trails leading into states and territories in the far North
and West. The main trails were so frequently intersected by
hunting paths that it was difficult for any but experienced
woodsmen to follow them. In many instances the trails
were widened into roads by white settlers, or later marked
the course of railroads.” Albert B. Moore, History of
Alabama
“And when our own engineers cut a road in 1811, they only felled
trees to make a driveway through the wilderness over that
same Indian path that these natives had used for maybe
thousands of years. The Federal Road of 1811 is but
the Indian path from the towns on the Atlantic seaboard to those in
the Mobile, Natchez and Mississippi country.” Alabama
Highways, March 1928
“The roads followed the early Indian trails and prior to 1838 or
1840 there were only two or three routes traversing the
state.....they all followed former trails and were in most
cases ‘ridge roads.’” Alabama Highways, May
1927 page 1
“Archaeological Survey of Wheeler Basin On Tennessee River” Did Not Survey Include Tract XWR-21PT
The Archaeological Survey of Wheeler Basin On The Tennessee River
In Northern Alabama by William S. Webb is very clear that
surveys are insufficient in the vicinity of the proposed marina.
For the purpose of expediency, TVA did not survey the
proposed marina site prior to impoundment. The location
of proposed dredging could be the site of a historic and/or
prehistoric village. The topography is ideal for a
village. Spring fed streams entered the Elk River on both
sides of the TVA property. As previously discussed, an
Indian trail very probably followed the base of the hill of
the proposed marina. Since oral testimony confirms the
existence of occupation, the probability that Native Americans
did not have a trail from the now-submerged spring parallel
to the north wetland is highly unlikely.
Other Comments
Notification of Native American Tribes
It is unclear in the EA if the Native American tribes have been
contacted as required by law. The page 39 List of
Agencies and Persons Consulted shows no Native American
tribes. If the required tribes were not contacted, TVA is
obligated to extend the comment period in order to accommodate
the tribes.
Highest and Best Use of Tract XWR-21PT
The highest and best use and net public benefit is NOT to destroy
a vanishing American resource - a scenic, natural, native
public forest - and build a commercial development.
This property has intrinsic values that will be destroyed
if TVA violates the Public Trust Doctrine. This land has
far more value as a natural area for all Americans and
especially for our children and children’s children. Cities
are sprawling across the land and native species are
vanishing for lack of natural habitat. Conservationists are
constantly pointing out that Alabama’s biodiversity
and the viability of many species is threatened by
development and urban sprawl. TVA is contributing to the
“net loss ” of wildlife habitat in Alabama by
promoting paving, deforestation, erosion and sedimentation
of streams and lakes.
“Proposal to Lease” Section of EA
Is TVA Saying that the Public Should Be Grateful To Have A Marina On This
Property?
EA - “The value of making this land available
to the public should be considered a large amount of
compensation to TVA. This benefit along with the added five
percent of gross sales is a generous amount of compensation
and should be considered a part of the agreement.”
How about changing the EA to: “The value of destroying wildlife
habitat, archaeological resources, and natural beauty
should warrant Bubba Doss to compensate the public with the
true value of the real estate - about three million
dollars.”
And TVA could also say “Three million dollars and the added
five percent of gross sales is still a generous dose of
corporate welfare to a special interest who wants to mooch
off of the public dole.”
TVA goes to great lengths to justify its position to develop this tract
of public land. The same amount of space should be
used to calculate the loss of public benefits by the
development. Let us consider the inverse? How much,
in dollars and intangible assets, is lost to the public, by the loss
of the ecological services provided by this property if
left in its natural condition?
TVA Record of Public Lands Abuse - Failed RSA Land Grab
TVA’s proposed conversion of prime forested wildlife
habitat and wetlands is another example of TVA’s
continuing abuse and mismanagement of public lands. It
follows on the heels of an attempt to give 1000 acres of public
land to RSA’s David Bronner for a golf course.
Public outcry over the proposed transfer of public lands to
special interests put the golf course where it belonged in the
first place - on private property. This is precisely where
the Elk River Resort belongs - on private property.
Robbins’ generosity may be attributed to the fact
that he retained adjacent lands which will be worth much more
as subdivisions and private homes around the golf course.
Golf courses and marinas are known to developers as
“attractors.” They don’t
necessarily make money but “he who holds the lands
around, near or adjacent” can reap handsome profits.
(In 2002, Harvey Robbins was in Senator Shelby’s office in
a meeting pertaining to the RSA Golf Course with other
interested parties. We found out by accident.)
“Bubba” Doss’s bid to pursue his
corporate dream of profiting from public property is
nothing less than “nursing the public teat” for
private gain. The TVA lease price to Mr. Doss is a pittance
of the real value. The leasing of public property
worth millions of dollars for few thousand dollars a year
is corporate welfare at public expense. Private property is
for private enterprise. TVA should not lease or sell
any public forests to private entrepreneurs at the expense
of the public and the wildlife it will displace.
TVA Collusion With Developers
Harvey Robbins built “Doublehead’s Resort,”
which was recently sold. It is my belief that Gilbert
“Bubba” F. Doss has financial connections to
Harvey Robbins and that both hope to profit from the
acquisition of our public land. Hence the new
development’s name: “Elk River Resort.”
The name itself is a rather glamorized and exaggerated
misuse of the term resort. RV’s, primitive camping,
cabins, boat slips and “poop dumps” for passing boat
traffic hardly conjure an image of “resort” in
my mind. This sweet deal amounts to little more than
a “public land grab” by rich special interests.
The attempt of TVA to give, sell or lease our public lands
to these developers smells of collusion.
Harvey Robbins Nomination to TVA Board of Directors Conflict of Interest
The real horror and threat to public lands managed by TVA is the
current nomination of Harvey Robbins to be a Board of Director
for TVA. There is no more blatant and glaring contradiction
of interests than for a super-wealthy developer to be put
in charge of rubber-stamping deals such as the Elk River
Resort rip-off.
Tennessee, Elk River, Shorelines Overdeveloped Already
Already, the Tennessee River and Elk River have degraded
shorelines due to residential over-development and
polluting corporations like Solutia, Amoco Chemicals and
International Paper. The proposed development in this area
would destroy a scenic area.
Public Lands In Alabama Diminishing
There is very little public land in Alabama. The total
public lands in Alabama represent about 5% of
Alabama’s 21 million acres of timberland.
Forested public acreage is even less. The population
is growing rapidly and natural areas are becoming
scarcer. The Bush Administration is currently selling off
millions of acres of public national forests, over public
outcry. Over 3000 acres of Alabama National Forests
are on the chopping block for development. TVA should not
contribute to diminishing public natural areas. The very idea of
developing one of the last wild, natural areas of Alabama’s
public lands is absurd. We have too much development
already. Shorelines are natural corridors for
wildlife. Fragmentation and impediment of wildlife corridors
has an adverse effect on the viability of wildlife
populations. TVA should practice stewardship of the land,
not the destruction of public properties. Alabama
needs more public lands in order to protect its native biodiversity.
The destruction of this area by development would further
impact wildlife habitat in Alabama by reducing the net
acreage available.
Shagbark Hickories - Endangered Bat Habitat Will Be Destroyed
An on-site inspection shows that there are many shagbark
hickories scattered across the property. These trees
are good habitat for both Indiana and Grey bats. Many
of these trees would be cut down in the development.
Old Growth Trees Will Be Destroyed
The property also contains many relic old growth trees of several
species including tulip poplar and beech. Many of
these trees will be lost in the development.
True Acreage of Final Deforestation Not Disclosed
It appears that TVA based the EA on Phase I of the project.
It repeatedly refers to 5 acres of clearing. The EA
must include the disturbance of all five phases of the
proposed marina. The reason is simple: if the final
clearing of land is 20 acres or 30 acres, an environmental
assessment based on 5 acres of disturbance is inaccurate
and illegal. It seems that TVA is doing everything in its
power, including deception in the EA, to approve this
project.
The EA is not clear on just how many acres will be cleared by the
fifth phase of the project. Five acres is a gross
underestimate. Total acreage must be disclosed. This
includes power line rights-of-way, roadways (main road and
feeder roads), RV openings for pads, cabins, store, dry storage
building, and clearing to provide the scenic views described in
the EA. Page 11 of the EA, under Environmental
Impacts, states “The construction of the marina would
create approximately 5 acres of openings within the
forest.” This statement is misleading and
inaccurate.
The EA did not discuss the TVA/Doss definition of forest
clearing. This determination should be based on basal
area of remaining trees in relation to the basal area of
the existing forest on this tract. What is the basal area
of the existing forest? What will the basal area be in the
affected areas after completion of Phase V? TVA must
include an accurate determination of affected acreage
before it can make a decision on the cumulative
environmental impact of all ground-disturbing activities in
the project area. I got the impression from a
conversation with Mr. Doss that he did not consider an area
cleared if a tree was left here and there with 200 RV pads interspersed
between them.
Evidently Mr. Doss and TVA does not understand the ecological
definition of a forest and the synergy of its plant
community. There is a difference between a tree farm,
a grassed park with large trees shading the area and a
forest. We are mandated by NEPA to determine the effects of the
proposed development on the viability of existing forest
and plant communities, birds, salamanders, reptiles,
amphibians, and other integral parts of the ecosystem that
will be decimated by the Elk River Marina. Therefore, the amount
of development and the determination of how much forest
community will be impacted is important. The picture we get
from the EA and the developer appears to be one of sporadic
relict trees scattered between asphalt, power lines, cabins,
campers, and other developments.
A More Accurate Estimation of Clearing:
The following is a more reasonable estimation of actual clearing
included in the five phases of completion of the Elk River
Resort as calculated by former Rust Engineering
designer:
Roads
Road clearing for main road: 12,800 feet at 30 feet wide = 8.81 acres
Road system for 200 non pull-through RV campsites - 400 feet of road x 20
feet wide per 40 campsites = 1 acre
RV Campground
200 (large pads) campsite RV Park @ 20 x30 feet each = 2.75 acres
Clearing for proposed RV views of lake ?
4 modern bathhouses 20x20 = .009 acres less access roads
Playground - ? TVA must provide more accurate information.
Boat Launch Area
Boat Launch Parking 200 x 200 = .92 acres
Office/store/maintenance building = .087 acres
Parking area for office/store - 100 x 200 = .46 acres
Dry Storage building - 7000 sq ft = .16 acres
Cabin Area
How many? 5 cabins at 20x20 and 50 feet apart = .12 acres
TVA must provide more accurate information.
Campsite Area
? estimated .5 acres
TVA must provide more accurate information.
Restaurant
At 50 x 75 = .09 acres
Parking at 50 x 100 = .11 acres
Power line ROWs
? TVA must provide more accurate information.
This very conservative estimate is 14.93 acres. Actual disturbance will be more.
The map provided by Bubba Doss on page 20 inaccurately shows
“dead end” RV campsites. The brochure
given out in Robersville on Feb. 9th states the RV sites
will be “pull through” campsites. This is
contradictory and misleading. Please define whether
the RV park will be pull through or dead end sites.
Range of Alternatives
TVA lists only two alternatives: All or nothing. These
alternatives hardly recognize a spectrum of alternatives, the
idea behind the NEPA requirement.
Conclusion:
Based on the failure of TVA to survey Tract XWR-21PT for
significant archaeological resources, and for failure to allocate
the tract for its highest public and natural benefits,
forest, visual quality, wildlife habitat and undeveloped
recreational values, the request for a lease to build a marina
should be denied. This tract should be reallocated for
these stated values.
TVA must complete underwater archaeological surveys before a
decision notice can be issued. No dredging or
construction can take place without the satisfaction of the
National Historic Preservation Act. TVA has not addressed
the issue of Indian trails or historic roads on this property.
NAPA specifies that any road or trail over a hundred years
old is an archaeological resourceNo
ground-disturbing activities can occur until these resources can
be studied.
This project should be built on private property, not our public
land. The brochure pushing the Resort contains this
statement “COME AND BE A PART OF NATURE AS OUR GUEST
IN A RESORT WHERE THE PRESERVATION OF OUR NATURAL RESOURCES
COMES FIRST!” Baloney!
