OBJECTIONS TO ELK RIVER MARINA PROJECT
(compendium of comments from various individual)
ENVIRONMENTAL
A "best practices" plan to mitigate construction environmental impact
should be produced, examined and approved *prior* to easement award,
not *after* the after the award. After award, what authority does
anyone have if the "best practices" are inadequate?
In the
Wheeler Reservoir Land Management Plan (Dec. 1995 P.149) TVA indicates
for the parcel that is the site of the proposed marina, that "Removal
of understory vegetation or tree canopy could have an impact on the
erodible soils. Approved methods for checking soil erosion must be
implemented if major development is considered on this tract." The
description provided by the developer offers no information whatsoever
on erosion monitoring and control. I believe that a full environmental
impact study is needed to determine what will erode and where it will
erode to. At the very least, a long term base-line turbidity study
needs to be performed so as to be able to identify future project
impacts.
The water quality information cited in Section 3.6 of
the Draft Environmental Analysis (DEA) is for areas several miles from the proposed project, several
years old and does note even include turbidity. Applicant still
provides very little information on how the hydraulic dredging spoils
will be handled. The DEA states (Pg.9) that "Some spoil will be removed
by barge and transported to a loading dock, then hauled to area
landfills. Some spoil closer to the shoreline will be removed from dry
land with an excavator." What is "some"? That's important to know
because "some" of the spoil and water carrier is going to be dumped
near the shoreline where it will be removed with an excavator. How will
the spoil slurry be kept from washing back into the water and further
down-stream where it will cause increased sedimentation and turbidity.
The DEA states "BMPs and proper management of storm water
runoff from construction activities and the proposed facilities are
expected to result in insignificant impacts to reservoir water
quality." How can this conclusion be reached when no significant
engineering details of the BMPs or construction plans is provided. At
the proposed site there is very little level ground available. There
will have to be a *lot* of dirt moved to build this project. The
original Joint Public Announcement and the Draft Environmental
Assessment (DEA) have virtually no details about how much dirt will be
moved, where it will be moved to, and how erosion into the river with
it's associated sedimentation and turbidity will be prevented.
According to an E.P.A. data base, the lower
Elk River "section is habitat for two federally listed fish species:
the Snail Darter (Percina Tanasi) and the Boulder Darter (Etheostoma
Wapiti). If there habitat is in the vicinity of the proposed
project, it is likely to be harmed.
Several people living in the area of the proposed project have
routinely reported seeing American Bald Eagles in and about that area.
The Shoals Environmental Alliance - Rogersville S.I.G. has made an
effort to confirm these reported sightings. In the short time
available to us within the comment period, we were able to locate two
residents who would attest via signed and sworn affidavit to such
sightings. In view of the foregoing, a full environmental impact
study of the project and adjoining areas is needed.
ECONOMICS
What is the economic market value of this public land? If the land was
to be leased as-is for thirty years via public auction, what would be
the likely value? The developer claims that he has had an appraisal
performed, and suggests that 5% of the gross would be fair. Will TVA
have it's own appraisal performed or will it accept the buyer's offer
without question? It seems to me that 10% of the gross proceeds from
the operation of the marina and all related facilities, with suitable
audit provisions, would be needed to adequately compensate the public
for its loss of this resource.
TVA has indicated that the financial and contractual agreement with the
developer will not be made public. Why? TVA is a public entity
disposing of a valuable public resource. These details are of interest
to the public. At a time when TVA is facing serious financial
challenges and competition, strict management of resources is necessary
for the health of both TVA and the Tennessee Valley to which it has a
fiduciary responsibility. That responsibility should not be sacrificed
to political expediency.
HYDRAULIC DREDGING
The proposal indicates that 2,700 cubic yards of material will be
hydraulically dredged to accommodate a boat lift. The material will be
removed to a location above EL.560 but no other details are given.
Exhibit-A of the proposal indicates that there is limited level area
above EL.560. How will the dredged spoils and the substantial amount of
water used to pump it be handled? Surely not just poured out onto
ground that slopes to the river. A settling pond will be required to
hold the dredged slurry at least temporarily to prevent it from washing
back into the river. Where would the pond be located? How big does it
need to be? Where and how will the earth removed to dig the pond be
stored to prevent it from washing into the river? Has the dredging plan
been reviewed by a qualified engineer? If so, what were the details and
results of the review?
ACCESS ROAD CULVERT
In Exhibit-D the applicant provides a cross-section of a proposed 48"
diameter drainage culvert for the proposed access road. If this diagram
is accurate and to scale, then it appears that the hydraulic drainage
cross sectional area is being reduced from approximately 32 square feet
to approximately 12.5 square feet. That is a very substantial
reduction. Will this reduced cross-section be capable of accommodating
expected maximum drainage volume over the next thirty years? Were any
calculations by a qualified engineer made to support the selection of a
48" culvert? If so, what are the details. What is the design basis for
the selection of a 48" diameter culvert?
DISPLACED PUBLIC ACTIVITIES
The proposed site contains equestrian trails used by the public. There
are no other equestrian trails in the general area that offer
comparable equestrian aesthetics in such a bucolic setting. These
activities will be displaced by the proposed development.
COUNTY ROAD CAPACITY
County Road 77 will be the public road serving the entrance to the
proposed project. This is a two-lane rural road. Exhibit-B if the
PROPOSAL shows the county road but does not give sufficient detail to
locate the proposed entrance to the project. Is the county road
designed to accommodate the anticipated traffic volume expected during
construction and operation of the project? Has this been studied by a
qualified engineer? If so, what were the results of the study?
IMPACT ON NEARBY AREAS
The proposed project site is currently rural, undeveloped and bucolic.
The proposed development will bring a concentration of boating
activities to the area. Many of these boats will be high-powered
under-muffled "bass boats" that are likely to increase the ambient
noise level significantly. Has the ambient noise impact on neighboring
private property in the area of the proposed development been studied
by a qualified engineer? If so, what were the results of the study?
Also, shoreline areas outside the proposed project area will be subject
to increased wake effects from the increased boating activities in the
immediate area of the project when it become commercial. These areas
are likely suffer increased erosion and deterioration from those
increased wake effects.
NEGATIVE ENVIRONMENTAL IMPACT
A. Sewage Disposal - Marina, cabins, campsites. (Most of the 91
acres are in low,
“wetland”
type land - it will be impossible to keep all sewage out of the
river). The project plans to use septic tanks. It has
too much runoff directly into the river. There is no way that
septic tanks for a project this size will keep all the sewage out of
the river. What assurances and checks does TVA have to make sure that
this project would keep all sewage out of the river?
B. Fuel leakage from boats and direct human waste. (urine,
feces, trash into river at Marina)
All you have to do is ride through a marina and smell the gas.
How does the project plan to keep all the sewage from these boats out
of the river? They can use a pumping system, but that won’t
stop it all. I’ve been to parties on boats in privately
owned marinas. Once it gets dark and the drinking starts, people
just use the river. It’s as simple as that.
I’ve lived on the Tennessee River all my life and there is no
doubt about this.
C. Campsites and boat trash (just look at the
shoreline now; it’s a disgrace)
The campsites will produce waste that has to be disposed of. Just
look the side of any county road and you’ll see where the trash
ends up. The tremendous pressure from boaters, residents, and
fishermen makes the shoreline unbearable now. There are just TOO
MANY PEOPLE. There are almost 50 homes just in the
neighborhood north of the proposed site. There is a home on
every lot next to the river. Anderson Creek that runs into Elk
River just north of the Hwy 72 Bridge has been developed just in the
last few years. From here to Tennessee, Elk River is simply covered
up. It has too much population density already. Look in any inlet
and see the trash from the shoreline all the way out to the
river. Every nook and cranny south of the site already has a
residence. A new subdivision is currently being developed at the
mouth of Elk River on the opposite shore from the proposed site.
They’ve already got problems with sewage disposal because the
land is too low.
D. Too much boat traffic on Elk River now (i.e. numerous
residences/boathouses; 3 public boat ramps and a State Park from Hwy 72
Bridge to mouth of Elk River; Lucy’s Branch Marina; State Park,
campsites, marina, motel, and a huge boat ramp on 1st Creek; State
Park, cabins, and boat ramp above Wheeler Dam. There is no room
now, especially on weekends and holidays. From outside the local
neighborhoods, people come here from Tennessee, Athens, and
Huntsville. They have 3 boat ramps and a State Park already at on
the North side of Hwy 72 Bridge over Elk River. There is a boat
ramp on Anderson Creek. There is a boat ramp at Barnett’s
Landing, just north of the proposed marina. There is a marina in
either direction with a just a few miles from the mouth of Elk
River. What used to be called Lucy’s Branch has a huge
Marina, townhouses, etc. The State Park at 1st Creek is within 5
minutes of the Elk River. They have a huge motel, marina,
campsites, and there is a huge boat ramp and parking area. Sooner
or later, they all ride in Elk River. Then there is the
State Park with numerous cabins just above Wheeler Dam.
THIS AREA ALREADY HAS ENOUGH PLACES FOR PEOPLE TO CAMP AND PARTICIPATE
IN WATER RECREATION. ANOTHER MARINA AND CAMPING AREA IS NOT
NEEDED. THE AREA HAS TO HAVE SOMETHING LEFT THAT ISN’T
DEVELOPED!
On this point, you can check with the State Parks and you will find
that they are normally not full, except on big holiday weekends.
The rest of the year, they have plenty of available places for people
to go.
E. Negative impact on fish population. (Elk River is already in
danger from too much sediment runoff, too
much pressure from fishermen, and general abuse by the public) There is
a fishing tournament nearly every day out of one of the aforementioned
boat ramps. There are few places left where the shoreline is not
developed, where one can fish without being on top of someone’s
dock or pier. This is one of the few places left where Crappie, Bass,
Shellcracker, and other fish can bed without being disturbed.
Dredging that out will definitely ruin the spawning areas.
The fish have few places left to go. It would be devastating to
the fish population, which is already in dire condition.
F. Entrance road is a two lane-road from Hwy 72 south through
residential areas. Trash and abuse to the area between Hwy
72 and “marina” area will increase. South of the
“industrial park” on the proposed route on Barnett landing
road is a residential area. If you allow this project, an
alternative route must be found. The current road has difficulty
handling current traffic. It would be a disservice to the
residences to allow the road to connect to a park/camping area.
G. Negative impact on wildlife - this is one of the few remaining
places that is safe for all species of animals, birds (Eagles and
other birds in danger of extinction), deer, etc.
This is a quiet area and excellent for bird watching. I have seen
several birds here that I have never seen in other parts of the USA
where I have lived. Examples: wood duck, osprey barred owl, screech
owl, pleated woodpeckers, grosbeaks, very unusual water fowl especially
in winter, geese, plus all the usual feeder birds and the most exciting
one is the bald eagle! On several occasions I have seen eagles catching
fish and flying to a tree nearby to eat. This is a wonderful
sight. TVA is thinking of leasing 91 acres of property a
private developer for a development of commercial marina, RV park,
restaurant, camping. My mother got to see her first eagle in the
wild right here in the trees where this marina project is proposed. Is
there anyway to stop this for our wildlife’s sake? If TVA wants
to do something with it is there anyway to make it a bird sanctuary for
everyone to enjoy? I hate the thoughts of not being able to enjoy
bird watching here on the river. I’m afraid this Elk River
project will do away with these birds. They will have to find another
place to live including all the other animals living there.(turtles,
beavers, deer, fish,)
H. Negative historical and archaeological impact - These grounds
have history of Indian Villages and possibly their burial grounds
( Bureau of American Ethnology, Bulletin 122 Pg.91)
SOCIAL FACTORS
Increased criminal activity
A.. This will be a privately owned business that will rent to
anyone. Other private camping areas have developed into
nothing more than “Shanty Towns”. What happens
is that the owner of the cabins and campsites get into financial
trouble and in the so-called “off season” has to reduce
prices and rent for longer periods of time. They wind up with
migrant workers, vagrants, and generally undesirables. For
instance, there is a private campsite and marina on South Sauty on Lake
Guntersville. It turned into a low rent camper/mobile home
park. They currently have homes being broken into all around
it. The police are so far away, they are never
around. It will be the same here. How can TVA be assured
this won’t happen
here?
B. Theft of property from local boathouses and homes will
increase. We have two Neighborhood Watch Programs and a Lake
Watch Program in this area. These programs can’t
protect us. We have been extremely fortunate that the crime
rate here is fairly low.
C. Lauderdale County is a “dry”
county. This area, as a campsite, marina, and cabins,
will certainly bring in alcohol and the related crimes.
(DUI in both cars and boats, and all the related criminal activity that
comes with alcohol) With private ownership, there will be
no police protection. At least at the state parks, they have
police and park rangers to make sure that the drunks don’t get
out of hand. There will be none to stop the drunks from driving
in and out of the campsite and no police to keep the drunks off the
river.
D. Drug activity - Cabins and campsites will turn into
“meth” labs. (e.g. Cabin # 12 at Joe Wheeler Park at
Wheeler Dam, Camper at Rockpile Campsite Area at Wilson Dam, Waterloo
Campsites. In the recent past, “meth” makers and
distributors have been caught in cabins and campers in parks that have
police. At Joe Wheeler Park, # 12 cabin was used as a meth
lab. They got caught only because they have park rangers and
police. This park won’t have any protection.
Same thing happened in a camper in TVA Camping area at “Rockpile
Fishing Area”. AND THIS HAPPENED EVEN WITH TVA POLICE
PATROLLING THE AREA ON A REGULAR BASIS. You can check
with the State Park at Joe Wheeler and with Karen Carter at TVA Police
to verify these things actually happened. And Waterloo, with
their numerous camping areas, are in the paper on a regular basis as
the “meth” capital of Northwest Alabama. You can
check with the Lauderdale County Sheriff’s department to verify
this. The point is that a privately owned camping area will
provide no protection whatsoever.
E. There will be absolutely no police protection.
(This area is not in the Rogersville City limits, there is only one
Sheriff’s Deputy for the whole eastern 1/3rd of Lauderdale
County, there is only one Alabama Marine Policeman for the whole area
of Wilson and Wheeler Lakes.) There will be no way to protect our
communities.
F. This business will struggle to make money and will
not have any money for private security. ( For example, the
restaurant/Marina in McFarland Park has struggled from the
beginning. The Harbor has changed hands; the Restaurant has
failed under different owners/renters. There will be no money for
private security. If there is, they won’t be protecting our
homes. There will be no gated entrance such as used by the State
Park on First Creek. It’ll be open to any criminals (drug
dealers, thieves, vagrants) at any time. What kind of guarantees
can TVA provide that adequate police protection will be
available? Can TVA require a gated entrance with guards?
And will there be no entrance after a certain time at night as is at
the State Park on 1st Creek?
GENERAL COMMENTS AND QUESTIONS
In view of the possible adverse impacts on adjacent property and
residences due to noise and wake effects, the scope of
environmental analysis for this project should include near shoreline
areas and uplands within at least several hundred to one thousand yards
of the proposed project.
The referenced proposal made available to the public on the TVA web
site at
http://www.tva.com/environment/reports/elkriver/joint_public_notice.pdf
does not include any of the exhibits included with the printed copy. It
is not possible for the public to understand the scope of the proposed
project without the exhibits.
The very proposal itself is very sketchy. The plans are hardly an
adequate description of EXACTLY what this developer intends to do. The
developer “might” build this or he “might”
build that or he “could” build a restaurant “if
things work out”. These are not plans but a wish list. At the
town hall meeting when asked about the ability of Barnett road to
support the traffic load to this new marina, the developer
responded that the “county” believed that the road was more
than adequate. Later when he was asked a follow up question regarding
what traffic he expected, he did not know. There is no way that anyone
of any responsible position in the “county” would tell him
the road was adequate without knowing the proposed increase in traffic.
Furthermore the intersection of Barnett Road and County Road 70 is
currently serviced by a recently added four way stop sign. The
increased traffic flow will probably require a light rather than just
signs. This is especially important since so many children play in
these streets. This increased traffic flow would represent a
significant risk to these children.
In regards to this developer’s ability to even handle this
project, there are serious questions.
Two residents who live near the proposed development drove out to look
at the developer's existing business. The trip became quite an
adventure since he does not even have a sign on either the road or the
premises. They were finally able to locate the business, mostly by
asking real businesses with real signs where it was. To put it mildly,
his “business” is a collection of rusty metal buildings, a
barren lot filled with debris, 55 gallon drums, and rusting hulks of
indeterminate equipment. If this is how he maintains his current
business we find it difficult to believe that he is capable of
developing any thing other than an disgusting eyesore that will destroy
the property values in our neighborhood. It appears extremely unlikely
that this man has the means to develop a project of this magnitude. At
the town hall meeting he stated that there were no other investors in
this project. If this is the truth, and I doubt it, his ability to
finance a project of this magnitude is seriously in question.
Even putting aside all of the above concerns, there is the issue of the
impact to the area itself. Elk River is a unique area in north Alabama.
Species can be found in here that are not found any where else. We have
the unique experience this very year of having a bird appear at our
home that have never been formally identified before in this state. We
took numerous photographs of this bird and even alerted the Alabama
Ornithological Society. When their President came to our home to see
and verify the existence of the bird he commented profusely on what a
unique and primitive habitat the Elk River was. He was quite surprised
that an area like this still existed.
