Public Invited to Review and Comment on Draft Restoration Plan and Environmental Assessment and Consent Decree for Flat Creek Natural Resource Damage Assessment

Dawsonville, GA - The U.S. Department of the Interior, represented by the U.S. Fish and Wildlife Service, and Georgia Department of Natural Resources, collectively known as the "Trustees," in coordination with the Department of Justice, announce the release of the Draft Restoration Plan and Environmental Assessment for the Flat Creek Natural Resource Damage Assessment. This document is now available for public review and comment, and we invite community members, stakeholders, and interested parties to participate in this important process. The Draft Restoration Plan and Environmental Assessment outlines preferred alternatives for restoring natural resources injured by the 2018 ferric chloride spill in Flat Creek, Dawson County, GA.

The Trustees, together with the company responsible for the spill, Gold Creek Foods, LLC, lodged a consent decree in U.S. District Court in the Northern District of Georgia. The consent decree establishes the legal framework for the restoration project Gold Creek Foods, LLC will undertake and provides compensation for the spill to the Trustees to either enhance to the project or implement additional restoration nearby. If approved and entered by the court, the consent decree would resolve the liability of Gold Creek Foods, LLC, for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act (known as “CERCLA” or “Superfund”). The public may comment on the consent decree separately as noted in a link below.

Key Highlights of the Draft Restoration Plan and Environmental Assessment:

Natural Resource Injuries: A ferric chloride release at the Gold Creek Foods, LLC facility in March 2018 caused a complete loss of aquatic life within 3.7 miles of Flat Creek, including over 200 federally threatened Cherokee darters (Etheostoma scotti) and other fish species.

Restoration Goals: The Trustees identified several overarching restoration goals that include restoring habitat and habitat connectivity for injured fish species in Flat Creek, specifically the threatened Cherokee darter; restoring aquatic habitat, habitat connectivity, and natural resource uses and services in the Upper Etowah watershed; and coordinating projects to create synergies across restoration efforts.

Preferred Alternatives: The Trustees analyzed five restoration alternatives and identified the three preferred alternatives:

• Fish Passage Improvement Project in Flat Creek (Implemented by Gold Creek Foods, LLC).
• Adaptive Management of Fish Passage Improvement Project in Flat Creek (Implemented by Trustees).
• Off-site Aquatic Habitat Restoration (Implemented by Trustees).

Monitoring, Performance Criteria, and Adaptive Management: Gold Creek Foods, LLC will fund the Trustees up to $60,000 to monitor various biological metrics to evaluate performance of their Flat Creek fish passage improvement project and $137,000 to adaptively manage their Flat Creek fish passage improvement project or to implement off-site aquatic habitat restoration. Monitoring results will be used to inform the Trustees decision to either implement adaptive management within Flat Creek or off-site aquatic habitat restoration.

Public Review:

This Draft RP/EA is being made available to the public for review and comment via Trustee website, which can be accessed at: https://www.cerc.usgs.gov/orda_docs/CaseDetails?ID=1394 Written comments or requests for additional information on the Draft RP should be sent via e-mail (include "Flat Creek draft RP comments" in subject line) or U.S. mail no later than July 2, 2026

• By email to: David_rouse@fws.gov
   
• By U.S. mail to:
  Attention: David Rouse
  U.S. Fish and Wildlife Service
  Office of Southeast NRDAR
  1875 Century Boulevard NE (3rd floor)
  Atlanta, GA 30345-3319
  The Consent Decree and information regarding how and when to submit comments on the Consent Decree are available at the following Department of Justice website: https://www.justice.gov/enrd/consent-decrees