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DEPARTMENT OF THE ARMY wl% WILMINGTON DISTRICT, CORPS OF ENGINEERS B. EVERETT JORDAN DAM AND LAKE POST OFFICE BOX 144 MONCURE, NORTH CAROLINA 27559 November 9, 2017 NC Department of Environmental Quality Division of Water Resources David Wainwright 1611 Mail Service Center Raleigh, NC 27699-1611 Dear ULAUah9ri6ht: Reference the North Carolina Division of Water Resources' (DWR) October 6, 2017 request for use,of Government property under the stewardship of the U8 Army Corps of Engineers at B. Everett Jordan Lake for a demonstration project on the in-situ effects of algaecide and phosphorous locking technologies. It is our understanding that the overall goal of this effort is to identify treatments with the potential to be implemented lake-wide at Jordan Lake and Falls Lake. We have reviewed the request in accordance with Engineer Regulation 1130-2-550, Ch. 17, Non-Recreation Outgrant Policy. The request indicates that DWR would enter into a contract for the application of algaecide and phosphorous locking" technology; however, a contractor has not been selected. As a result, the request indicates that many details and impacts of the proposed action'are unknown or cannot be quantified'. For the purpose of this initial submittal, DWR cites an unsolicited project proposal received from a potential contractor. We understand that DWR would submit a complete proposal if the project moves forward. Based on our review, DWR's current proposal is not considered feasible due to identified adverse impacts, so the proposed action would not be authorized. For a proposed use of Government property to be considered feasible, the impacts associated with an individual action or the accumulated impact of a series of actions must not adversely impact.the capability of the project (Jordan Lake) to generate the benefits for which the project was congressionally authorized, constructed, and is operated. The request identifies measurable permanent 'adverse impacts to Jordan Lake's water storage volume as well as'potentially adverse unquantified impacts to fish and wildlife resources. The loss of water storage volume without replacement, as described in the request, is' an unacceptable adverse impact to all five of the lake's congressionally authorized purposes, which are dependent on the availability of the storage: water supply, flood damage reduction, public recreation, fish and wildlife conservation, and downstream releases for water quality. The request states that due to the cost involved it is not anticipated that the contractor would be willing to remove or mitigate any material discharged into the lake. Cost is not an -acceptable justification for nJ3CZWZZ NnV 14 20!'i