Union County Tyger River Reservoir Concept Review Briefing

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Union CountyTyger River ReservoirConcept Review
Briefing

• U.S. Rep. Bob Inglis (SC-4) March 20, 2008
• Union County Workforce Investment Board103 W.
  Main, Union, SC
• WithU.S. Army Corps of Engineers The U.S.
  Forest Service Francis Marion Sumter National
  Forests

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Concept Reservoir Description

• At the confluence of Fairforest Creek with Tyger
  River, 8.4 miles south of Union
• Shoreline of 137 miles
• Covers 5,342 acres of land contains 125,000
  acre-feet of water.
• Dam 2,675 feet long, 700 feet wide, about 100
  feet high
• Would allow small hydropower facility, but
  hydropower features not included in analysis
• Union County chose location and reservoir pool
  elevation

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Army Corps of EngineersConcept Study Conclusions

• Economic analysis
• Six Counties Union, Cherokee, Fairfield,
  Laurens, Newberry and Spartanburg
• 21 water districts surveyed on available water
  supply and demand.
• Sufficient capacity exists to meet growth demands
  through 2030. (60 sensitivity)
• Lakefront residential development would generate
  taxes of 1.25 million for 250 homes and 2.5
  million for 500 homes.

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Army Corps of EngineersConcept Study Conclusions

• Geological Analysis
• A cursory review of the local geology and
  geological conditions revealed that the selected
  location is in an area of former earthquake
  activity and that weathered rock (saprolite)
  overlies bedrock. Top soils in the area are
  erodible and will require stabilization.

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Army Corps of EngineersConcept Study Conclusions
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Army Corps of EngineersConcept Study Conclusions

• CONCLUSION
• Economic benefits were not sufficiently
  quantified in this study to determine a
  benefit-to-cost ratio (BCR), though economic
  justification would require average annual
  benefits to meet or exceed the average annual
  cost of the project of 13,700,000 (see Table 2)
  plus the annual cost of maintenance, the average
  annual cost of further construction of a
  potential water treatment plant and water
  delivery modes (e.g.pipelines).
• If the proposed lake were to allow for
  construction of 400 residential homes, once these
  structures were sold and generating tax revenues,
  the taxes from these structures would cover the
  estimated 2.0 million annual operations and
  maintenance costs.

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Next Steps
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Next Steps
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Not all steps are the same
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1. National Forest Service Approval
Step 1

• Land Exchange Priorities
• Land Exchange Process
• Proposal Requirements
• Congressional Oversight Process

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Forest Service Priorities
Step 1

• Meet the needs of the American people now and in
  the future
• Avoid land use conflicts with non-federal
  landowners

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Forest Service Requirements
Step 1

• Must conform to laws, regulations, and Forest
  Plan
• Land exchanges are discretionary.
• Environmental Impact Study is required.
• Public interest must be served.

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Flowchart of Secretary/Congressional Oversight in
Land Exchange Cases
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Land Exchange Process
Step 1

• Exchange Proposal
• Feasibility Analysis
• Oversight Review
• Execute Agreement to Initiate
• Public Notification
• Congressional Review
• Scoping
• NEPA Analysis

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Land Exchange Process (cont. . .)
Step 1

• Appraisal Preparation and Approval
• Oversight Review
• Decision
• Title Clearance
• Transaction Closing
• Final Title Clearance
• Close Case

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Review Process
Step 1

• Exchange proposal
• Evaluation of proposal
• Public involvement environmental analysis
• State, County, and Congressional notification
• Review by House and Senate Appropriations
  Committees

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Review Process (cont.)
Step 1

• Forest Service Staff Review
• Regional approval (FR49, 169c1)
• Deputy Undersecretary of the Department of
  Agriculture approval (7CFR2.19(b))
• House and Senate Agricultural Committee approves
  or disapproves of lake
• Forest Service notifies Union of approval or
  disapproval

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2. Study Authorization
Step 2

• Congress authorizes Army Corps of Engineers to
  conduct study
• 2-4 year process

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Study Authorization
Step 2

• Member of Congress asks House Committee to
  authorize Corps to study Union Lake project
• Subcommittee requests information Corps forwards
  Concept Study to Subcommittee
• Committee adopts resolution authorizing Study
  Authority for the Corps

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Study Authorization
Step 2

• Federal funds for Study are appropriated in
  Energy and Water Development Appropriations Act
• Appropriated funds are forwarded to Corps
  Headquarters

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Reconnaissance Study Process
Step 3

• 12-18 months
• Corps recommends whether or not to proceed to
  Feasibility Phase

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Reconnaissance Study
Step 3

• Corps determines if water problem warrants
  Federal participation
• Corps defines Federal interest29
• Corps completes 905(b) Analyses Report
• Corps Headquarters issues decision regarding
  Feasibility Phase

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Reconnaissance Study
Step 3

• Corps completes Feasibility Cost Sharing
  Agreement (FCSA) and Project Study Plan (PSP) for
  Feasibility Study
• Corps assesses level of interest and support from
  non-Federal entities.
• Identify Feasibility Study schedules

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Law and Corps Policy

• Corps is authorized to construct dams only for
  navigation and flood damage reduction purposes.
  Other uses such as water supply, recreation, and
  hydropower are secondary.
• National policy is that primary responsibility
  for water supply rests with states and local
  entities.
• Corps reconnaissance study therefore would almost
  certainly conclude no further Federal interest.

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Step 4 Feasibility Study

• 12-15 years
• Feasibility Report
• Environmental Impact Statement

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Feasibility Study
Step 4

• Funded in Energy and Water Development
  Appropriations Act.
• Federal funds 50 of the cost of Feasibility
  Study
• County provides matching funds
• Corps obligates Union and Federal funds
• Study begins

Water Resources Development Act of 1986 (Public
Law 99-662) as amended by Water Resources
Development Act of 1996 (Public Law 104-303
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Feasibility Study
Step 4

• Feasibility Study process identifies best
  economic alternative
• Inventory, forecast, and analyze conditions in
  the area that are relevant to the identified
  problems and opportunities
• Formulate alternative plans that would resolve
  the identified problems
• Evaluate the economic, environmental, and other
  effects
• Compare alternative plans and their effects

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Feasibility Study
Step 4

• Feasibility Scope Meeting conducted
• Union County and Corps hold Alternative
  Formulation Brief (AFB)
• Facilitate Federal acceptance of plan
• Allow Corps to release draft report to public

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Feasibility Study
Step 4

• Public reviews Draft Feasibility Report
• Project Management Plan (PMP) prepared
• Division Engineers Public Notice is issued
  (Preconstruction, Engineering, and Design may
  begin)
• Assistant Secretary of the Army for Civil Works
  ASA(CW) approves report

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Feasibility study
Step 4

• Office of Management and Budget reviews
  Feasibility Report for Administration priorities
• OMB approves release to Congress
• If OMB determines the project is not in accord
  with administration policies, it is not included
  in Presidents budget

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Environmental Impact StatementAgencies and
reviews
Step 4

• Army Corps of Engineers
• US Fish and Wildlife Service
• SCDHEC
• SCDNR
• EPA
• SC State Historic Preservation Office
• Federal Energy Regulatory Commission
• Tribal Nations
• Non-Profit Organizations

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Environmental Impact StatementAgencies and
reviews
Step 4

• Fish, Mussel, and Macroinvertebrate Surveys
• Breeding and Migratory Bird Surveys
• Bat and Terrestrial Mammal Surveys
• Plant Inventory
• Level I Screening Analysis for Contaminants
• Sediment Budget
• Instream Flow Study
• Roads Analysis consult with SCDOT.
• Water Quality Monitoring
• Overall Project Review

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Environmental Impact StatementAgencies and
reviews
Step 4

• 401 permit
• State Water Quality Certification
• Permit for Construction in Navigable Waters
• Compensatory Mitigation
• Permit for Surface Water Treatment Plant
• Navigable Water Permit
• Interbasin Transfer Permit
• SC Dams and Reservoirs Safety Permit
• Watersheds Planning 303(d)
• Total Maximum Daily Loads (TDMLs)

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Environmental Impact StatementAgencies and
reviews
Step 4

• Verify total stream and wetlands area impacted by
  proposed flooding
• Assess potential secondary and cumulative wetland
  impacts
• Include mitigation plan to offset stream and
  wetland losses
• Outline the restoration needs and satisfy the
  regulatory process for wetland loss
• Demonstrate that dam proposal is the least
  damaging alternative

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Environmental Impact StatementAgencies and
reviews
Step 4

• Develop plan for exploration of 33 known
  archaeological sites and undiscovered sites
• Survey bottomland hardwood areas
• Survey and explore late-prehistoric villages and
  Revolutionary War skirmish site
• Survey and explore affected area of Rose Hill
  plantation
• Coordinate EIS process with the State Historic
  Preservation Office

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Environmental Impact StatementAgencies and
reviews
Step 4

• Complete inventory of wildlife and analysis of
  probable impacts to species and populations
• Include plan for mitigating the loss of wildlife
  habitat
• Survey fish and aquatic resources in the proposed
  impact area
• Document impact to diadromous fish species
  migrating upstream include mitigation plan

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Environmental Impact StatementAgencies and
reviews
Step 4

• Evaluate impacts in downstream aquatic species,
  water supply, assimilative capacity, navigation,
  and other uses.
• Document fishery habitats
• Quantify sediment loading model sediment
  accumulation in proposed lake
• Identify sediment deposit remedies

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Environmental Impact StatementAgencies and
reviews
Step 4

• Develop a mitigation plan for downstream water
  quality
• Document and categorize wildlife habitat
  lost/changed by lake
• Survey document flora lost or destroyed by lake
• Identify methodology for ensuring continued use
  of prescriptive fire

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Environmental Impact StatementAgencies and
reviews
Step 4

• Document public use opportunities lost by the
  proposed lake
• Demonstrate ability to mitigate for the blockage
  of state-navigable water
• Include geologic mapping, technological and
  engineering assessments, feasibility studies

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Environmental Impact StatementAgencies and
reviews
Step 4

• Corps gathers comment
• Federal agencies consulted
• Public hearing
• County receives 404 permit
• County consults with the Corps and the EPA on the
  required Nationwide Permits

pursuant to 33CFR330
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Authorization Appropriation
Step 4

• House Transportation and Infrastructure Committee
  reviews report
• House Committee inserts provision in WRDA bill
  authorizing construction of dam
• Congress authorizes construction of dam by
  approving WRDA bill.
• Congress appropriates construction funds in
  Energy and Water Development Appropriations bill.

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Step 5 Preconstruction Engineering and Design
Step 5

• 2-3 years
• Proceeds after Feasibility Study while waiting
  for project authorization
• Once authorized, Corps signs Project Cooperation
  Agreement with local sponsor, then provides them
  with real estate requirements

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Real Estate Acquisition
Step 6

• Corps updates Real Estate Plan
• Corps determines facilities to be relocated
• Corps estimates number of displaced persons

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Real Estate Acquisition
Step 6

• County acquires all real estate
• Union prepares maps surveys, and legal
  descriptions for property acquisition
• Union performs individual tract appraisals

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Real Estate Acquisition
Step 6

• County provides relocation assistance
• County performs relocation of utilities and
  public facilities

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Step 7 Construction Phase

• 3-5 years
• Congress appropriates construction funds
• Corps awards construction contracts
• After construction Corps provides Operation and
  Maintenance Manual

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Sources

• United States Army Corps of Engineers Charleston
  District, Union County South Carolina Concept
  Study of a Regional Water Supply Reservoir.
  December 2007.
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/cw101
  .pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Whati
  sPlanning.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/proce
  ss.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/steps
  .pdf
• United States Army Corps of Engineers, Civil
  Works Orientation Course. Available online
  http//www.usace.army.mil/cw/cecw-cp/library/cwocs
  ummary.pdf.
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/pg.pd
  f
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/cw101
  .pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Plann
  ing_Primer.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/96r21
  .pdf
• United States Army Corps of Engineers, Project
  Partnership Kit , IWR Report 96-R-10, Jan 2001.
  Available online http//www.usace.army.mil/cw/cecw
  -cp/library/ppkit.pdf.
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/plan_
  acro.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Princ
  iples_Guidelines.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/inet/usace-docs/eng-regs
  /er1105-2-100/toc.htm
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Gener
  al_guidance/fctsht1.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Gener
  al_guidance/fctsht2.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/Gener
  al_guidance/lobby.pdf
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/egms/
  egms.html
• United States Army Corps of Engineers,
  http//www.usace.army.mil/cw/cecw-cp/library/pgms/
  pgms.html