Two Rivers LLC builders of The Pointe located at Elk River
Mile 1.8, Left Bank, Wheeler Lake, Limestone County have applied for
permission to construct two fixed docks on steel piling with concrete
decks for owners of a new adjacent 61 unit condominium complex.
The fixed docks would extend approximately 260 feet from the normal
summer pool (NSP) shoreline, Elevation 556. Each fixed dock would
be composed of a walkway 200’ x 9’ and a 60’ octagon
at the end. The docks would be spaced 80 feet apart. In
addition, the applicant proposes to place: (1)
approximately 1,775 linear feet of riprap along the shoreline.
For more information see Public Notice 06-92, application # 2006-01721
located at http://www.lrn.usace.army.mil/cof/notices/PN%2006-92.pdf
Our letter to Army Corps of Engineers
US Army Corps of Engineers,
3701 Bell Rd,
Nashville, TN. 37214
Attn: Lisa Morris
VIA FAX to TVA Heather Turner 256-386-2559
REF: PN 06-92
Dear Corps of Engineers:
The Rogersville Special Interest Group of the Shoals Environmental
Alliance would like to submit the following comments regarding Proposed
Community Fixed Docks (Two Rivers Condominiums).
1) We believe that inadequate notice was given to the public
regarding this application. Our informal survey of community residents
indicates only those within a few hundred feet of the proposed project
were notified of the application. No Public Notice was published in the
East Lauderdale News, the newspaper of record serving the community
surrounding and impacted by the project. Residents of the immediate
vicinity beyond a few hundred feet, who would likely be impacted by the
project, were not notified.
2) The application makes no mention of the proposed project
described in PN 05-70, the Elk River Resort/Marina. This project is
located in the immediate vicinity of the docks proposed by the
applicant. Given the intimate proximity of the two projects, their
cumulative synergistic effects must logically be considered yet the
referenced project is described as if it was the only project proposed
for that locality. We believe that the applicant should incorporate
descriptions and maps of nearby proposed projects that are still being
considered by either the Corps or TVA.
3) In July, 2006 President Bush issued an executive order forbidding
any federal agency from using eminent domain for economic development.
We believe that transfer of the valuable public water resources
acquired by eminent domain to Two Rivers Condominiums (a private
for-profit entity) is contrary to the spirit and intent, if not the
letter, of that executive order.
For the above reasons, we request that public hearings be held
regarding the proposed project and that notice be posted in the East
Lauderdale News (256-247-5565) of such hearings.
We thank you for this opportunity to submit these comments.
Sincerely,
Other Letters
To: Lisa Morris, Nashville District Corp of Engineers
Re: Public Notice 06-92 Application # 2006-07721
Dear Ms. Morris:
I appreciate you talking to me recently about Public Notice 06-92, The
Pointe, Two Rivers LLC, and their request for a huge community boat
dock on lower Elk River.
Unfortunately, TVA's Public Notice was insufficient. I live on Elk
River approximately only One Mile from the area where this dock will
possibly be built. I did not find out about this in time to respond by
9-29-06. I checked with several neighbors and they did not know it
either. Apparently, TVA gave only minimal notice. As far as I can tell,
the only notice was to the people in the immediate area of less than a
few blocks from the proposed dock and possibly a small newspaper in
Athens. If possible, please send a list to me by email of the
places where TVA gave Public Notice.
During my conversations with neighbors, I found only one that knew
about it. It is certain that Notice was not sufficient in that too many
citizens who own property on Elk River and Wheeler Lake were apparently
unaware. Although, I have made an effort to inform as many people as I
can, I am unable to inform everyone that should be made aware. A
hearing is requested so that the public can be properly informed and
then voice their concerns.
In the event that a hearing will not be forthcoming, I am requesting
that the comment period be extended until TVA places Public Notice in
Athens Courier ( if not already posted), Lauderdale County News, Times
Daily of Florence, Decatur Daily, and Huntsville Times. All of
these papers are distributed to areas where people who may own property
nearby reside. In addition, I am requesting that Notices be
distributed to all residences on both sides of Elk River from at least
Highway 72 Bridge to the mouth and all residences on North side of
Wheeler Lake from Wheeler Dam to Browns Ferry. After Notices have been
distributed, it is requested that the period for Public Comment be
extended for 30 days from the date these Notices are distributed. If a
hearing is imminent, then please disregard the request for an
additional comment period.
The dock in question requires a huge chunk of Public Waterways for what
appears the personal gain of private developer(s). It appears
that the only benefit to TVA and the Public will be the small cost for
the application and the small fee for such a structure. This is the
first issue that must be investigated by TVA, independent auditors, and
other governmental agencies. If the dock is allowed, the Public should
be paid for the use of it's waterways. From many years experience
in real estate and from living on Elk River since 1977, I have observed
that having a boat dock will increase the value of the owner's adjacent
property by anywhere from $10,000.00 to $50,000.00 above the cost of
the structure. The Fair Market Value depends, of course, upon
location, size of the dock, accessibility, etc. It appears that the 61
condominiums will increase in value by no less than $10,000 each. This
would increase the value by approximately $610,000.00 at the very
least. I have nothing against people making money. However, there is
something seriously wrong when they do it at the public's expense.
There is no reason for TVA to simply grant this dock for a paltry fee.
In addition to TVA requiring a percentage of the increase in Fair
Market Value, the developers may require a fee for condo owners
to park their boats. If so, TVA and the public should get a fair
percentage of those profits.
It appears that TVA is trying to correct past problems which involved
giving public land or public waterways to private developers for
free. The new Land Policy is a giant step in correcting some of
those problems. Unfortunately, The Land Policy doesn’t
address the problems with this application. It is requested that TVA
review the financial aspect of this application and any other request
for Public Land or Public Waterways.
If I am correct that the net profit for TVA will only be the fees, then
I request that TVA and it’s board of directors review the entire
policy of issuing docks to private owners, especially community docks
for condominiums and other off shore residences. If TVA and the
public get no funds for our public waterways, then it is absurd to
grant access for any community dock. TVA and the public should get no
less than half of the increased land value.
Another issue concerns the destruction of more public waterways.
The Pointe and/or Two Rivers have already been issued permits for
5 or 6 huge community docks. The one they have already built
included a huge chunk of dredging in a slough for the dock. That
slough was a prime spawning area for Crappie, Bass, Shellcrackers, and
Bream. Since it was built over two spawning seasons ago, the
slough has been ruined. Not only does the structure go over
½ way across the slough, almost blocking public access, but the
dredging ruined it for fishing. I have personally checked the
area during spawning season and the fish are simply not there.
For years, that slough was heavily used for spawning. Enough
public water in that area has already been ruined for fishing purposes.
If this dock is allowed, further public fishing areas will be
ruined. Many fishermen troll that area for fish all year
long. A dock with a walkway of almost 300 feet will block the
public from trolling in the area. This is totally unnecessary and TVA
should consider the public’s needs rather that the needs of
private developers. TVA has already allowed more than enough
community boat docks for their use. All those condominium owners
can’t possibly want a place for a boat. Many people live
here simply to enjoy the view and never go out on the river.
Please deny this permit. It is of no value to the public and I
believe totally unnecessary.
Another issue is that TVA appears to be ignoring the cumulative
destruction of the environment. The Elk River is already
over-crowded. Human abuse has made it such that it is apparently
dying. The fishing has been almost destroyed. When I first
moved here in 1977, you could go out most any afternoon and catch a
mess of Crappie or other pan fish. Bass in the 5 to 8 pound range
were common. Today, even during spawning season, if you can catch 3 or
more Crappie, you have had an exceptional day. Bass are normally
very small now. Shellcrackers are almost nonexistent. I realize
that sediment and runoff from nearby farms and ranches have caused some
of this. But the main problem has come from too many people
abusing the river. The cumulative affect has made it so polluted
that my family has not been swimming in it for many years. It is
so polluted, it stinks at times.
More and more boats mean more and more oil and gas spillage.
Sometimes, you can see the film around community docks and marinas. In
addition, there is no way the sewage and human waste can be kept out of
the river. All that land at The Pointe is low and flat. In
addition, the water is very shallow. It slopes very slowly out
into the river. There are no public restrooms in that area. The
condominiums will be too far away. There is little doubt that
some people will simply use Elk River for a restroom.
If you allow such a dock, please require that public restrooms be
constructed and maintained. Please require that all sewage will
be pumped away from Elk River to a processing center as far away from
the river as possible.
There is no reason for TVA to allow another community dock on lower Elk
River. TVA nor the Public has anything to gain. Elk River is
already overpopulated. A hearing is requested concerning Public
Notice 06-92. Please advise me as soon as you can as to the
questions and concerns outlined in this letter.
Sincerely,
Robert F. Freeman
To: lisa.r.morris@lm02.usace.army.mil
Sent: 10/27/2006 12:05:45 AM
Subject: Community boat dock for 61 condos at the mouth of Elk River and theTennessee River.
Ms Morris,
It has come to my attention that a private developer has applied to put
a community boat dock at the mouth of the Elk River. I wish to
take a moment to provide you with my feedback regarding the potential
change to this excellent fishing and recreation location.
Simply stated, I am opposed to the community dock relative Public
Notice 06-92, Application # 2006-07721. A large community dock
poses a potential danger to the environment due to gas or oil
spillage. There is already a large amount of pleasure and fishing
craft activity in this area and this dock will certainly cause the
activity to increase. This is an excellent fishing area and a
fish spawning area that will be forever disturbed with this type of
facility introduced to the area. There is already free public
water access in the immediate area.
My home is actually in Huntsville, AL. This particular area of
the Elk River is such a good fishing location that I routinely travel
there to fish. I, as many other, take a personal interest in
wanting to preserve this for future fishermen. Development of
this area eliminates another natural fish spawning area adding pressure
to many species such as Crappie, Bass, Bream, Stripe, etc.
I thank you for your consideration of my input as a part of the process in deciding a course of action on this natural resource.
Please contact me using the information below should you have any questions.
