|
|
|
Forum Permit Veto Veto Letter |
|
Mr. James Palmer Regional Administrator U.S. Environmental Protection Agency Sam Nunn Atlanta Federal Center 61 Forsyth St., SW Atlanta GA 30303-3104 Date__, 2003 RE: Forum Permit Veto Dear Mr. Palmer: We are writing to urge you to veto Permit Application Number 200202926 (Saratoga Investments LLC; The Forum) pursuant to Section 404(c) of the federal Clean Water Act because the proposed project will have an unacceptable adverse effect on shellfish beds and fishery areas (including spawning and breeding areas) and wildlife, or recreational areas. As you are aware, the applicant proposes to impact 137.34 acres of wetlands through excavation and discharge of fill material as part of construction of a mixed-use commercial and residential development. We believe that the Corps must deny this project because it does not comply with the Section 404(b)(1) guidelines. However, we also believe that the project would result in unacceptable adverse effects to shellfish beds, fishery areas and wildlife and that the EPA should commence a veto pursuant to Section 404(c). Our specific concerns are set forth below: The
proposed project does not comply with the Section 404(b)(1) guidelines 1. A
practicable alternative to the proposed project is available.
Because this is a non-water-dependent project, the Guidelines
require the presumption that alternatives to impacting wetlands are
available. The applicant has not performed an adequate analysis of the
alternatives to impacting wetlands.
In order to comply with these guidelines, the applicant must
pursue practicable alternatives to combining commercial and residential
development on the same site. 2. The proposed storm water discharge associated with this project may contribute additional contaminants to Six-Mile Cypress Watershed, and thus may affect benthic and pelagic organisms in the receiving water bodies. The resulting increase in nutrient discharges may redirect, delay, or stop the reproductive and feeding movements of some species of fish and crustaceans. Furthermore, we are concerned that waste materials from upstream land uses may become more damaging to the environment as a result of cumulative effects with this project. 3. This project will impact 137.34 acres of wetlands within a watershed that has been identified as having declining water quality due to Section 404 permits by the Environmental Impact Statement on Improving the Regulatory Process in Southwest Florida, Lee and Collier Counties. The wetlands at this site provide important biological and hydrological functions that include filtering and cleaning surface water runoff, storing flood waters during the rainy season, providing refuges for wildlife during the dry season and harboring emerging fish and macro-invertebrate populations. Additionally, these wetlands are suitable habitat for many federally listed species including the wood stork, Florida panther, red cockaded woodpecker, and eastern indigo snake. 4. The applicant’s proposed mitigation is insufficient to compensate for the destruction of 137.34 acres of wetlands. The removal of exotics from 78.39 acres of wetlands does not adequately replace the important functions lost by destruction of 137.34 acres of wetlands within the impaired Six Mile Cypress Slough Watershed. 5. Due to the impaired condition of receiving waters in this watershed and the significant increase in pollutant loading associated with the proposed land use changes, this project will cause or contribute to the significant degradation of waters of the U.S. We believe that there are less environmentally damaging alternatives to the proposed project available. We also believe that the project would likely violate applicable State water quality standards, and would cause or contribute to significant degradation of waters of the U.S. Finally, the proposed mitigation is inadequate to compensate for the lost functions and values of the wetlands filled and excavated. For these reasons, we believe that the Corps must deny the Section 404 permit. The
proposed project would result in unacceptable adverse impacts to fishery
areas (including spawning and breeding areas) and wildlife
In conclusion, we believe that the proposed project violates the Section 404(b)(1) guidelines, and therefore a Section 404 permit cannot issue. Moreover, we believe that the proposed project would result in unacceptable adverse effects to fishery areas and wildlife, and therefore EPA should prohibit the use of this area as a disposal site pursuant to Section 404(c). Sincerely, Jeff Ruch Executive Director Public Employees for Environmental Responsibility (PEER) Cc. Col. Robert Carpenter, Jacksonville District, U.S. Army Corps of Engineers John Meagher, Wetlands Division Director, U.S. Environmental Protection Agency John Meagher, Wetlands Division Director, U.S. Environmental Protection Agency |
