# Presentation: 219920

## Union CountyTyger River ReservoirConcept Review Briefing

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

## 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

## Army Corps of EngineersConcept 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.

## Army Corps of EngineersConcept 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.”

## Army Corps of EngineersConcept Study Conclusions

| Construction | 	$150 million |
| --- | --- |
| Geotechnical | 	$12 million |
| EIS & Associated Study | 	$10 million |
| Engineering and Design | 	$15 million  |
|  |  |
| Total Cost | 	$187 million |
|  |  |
| Average Annual Cost | 	  $11.7 million    |
| Annual Operation and Maintenance | 	$ 2 million |
| Total Average Annual Cost | 	$13.7 million |

## Army Corps of EngineersConcept 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.”

## Next Steps

|  | Step | Time | Cost |  |
| --- | --- | --- | --- | --- |
| 1 | National Forest Service Approval | ? |  |  |
| 2 | Corps Reconnaissance Study | 1-1.5 years | $100,000 |  |
| 3 | Corps Feasibility Study & NFS/Corps Environmental Impact Statement | 12-15 years | $15-$20 million |  |
| 4 | Engineering and Design | 2-3 years | $15 million |  |
| 5 | Congressional Authorization (WRDA) | ? | $150 million |  |
| 6 | Congressional Appropriation | ? | $150 million |  |
| 7 | Construction | 3-5 years | $150 million |  |

## Next Steps

| 1 | National Forest Service Approval |
| --- | --- |
| 2 | Corps Reconnaissance Study |
| 3 | Corps Feasibility Study & NFS/Corps Environmental Impact Statement |
| 4 | Engineering and Design |
| 5 | Congressional Authorization (WRDA) |
| 6 | Congressional Appropriation |
| 7 | Construction |

## Not all steps are the same

## 1. National Forest Service Approval

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

- Step 1

## Forest Service Priorities

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

- Step 1

## Forest Service Requirements

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

- Step 1

## Flowchart of Secretary/Congressional Oversight in Land Exchange Cases

## Land Exchange Process

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

- Step 1

## Land Exchange Process (cont. . .)

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

- Step 1

## Review Process

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

- Step 1

## Review Process (cont.)

- 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

- Step 1

## 2. Study Authorization

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

- Step 2

## Study Authorization

- 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

- Step 2

**Notes:**
House Committee on Transportation and Infrastructure, Subcommittee on Water Resources

## Study Authorization

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

- Step 2

## Reconnaissance Study Process

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

- Step 3

## Reconnaissance Study

- 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

- Step 3

## Reconnaissance Study

- 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

- Step 3

## 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._

## Step 4: Feasibility Study

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

## Feasibility Study

- 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

- 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

- 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

- Step 4

- Feasibility Study

## 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

- Union County and Corps hold Alternative Formulation Brief (AFB)
-  Facilitate Federal acceptance of plan
-  Allow Corps to release draft report to public

- Step 4

- Feasibility Study

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

- Project Management Plan (PMP) prepared
- Division Engineer’s Public Notice is issued (Preconstruction, Engineering, and Design may begin)
- Assistant Secretary of the Army for Civil Works [ASA(CW)] approves report

- Step 4

- Feasibility Study

## 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 President’s budget

- OMB approves release to Congress
- If OMB determines the project is not in accord with administration policies, it is not included in President’s budget

- Step 4

- Feasibility study

## 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

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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- 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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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)

- 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)

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- 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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- 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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- 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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- Document fishery habitats
- Quantify sediment loading; model sediment accumulation in proposed lake
- Identify sediment deposit remedies

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- 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

- Step 4

- Environmental Impact StatementAgencies and reviews

## 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

- Demonstrate ability to mitigate for the blockage of state-navigable water
- Include geologic mapping, technological and engineering assessments, feasibility studies

- 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*

- 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

- Environmental Impact StatementAgencies and reviews

- 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.

- 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.

- Step 4

- Authorization & Appropriation

## Step 5: Preconstruction Engineering and Design

- 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

- Step 5

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

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

- 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

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

- Real Estate Acquisition

- Step 6

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

- County performs relocation of utilities and public facilities

- Real Estate Acquisition

- Step 6

## Step 7: Construction Phase

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

## 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/WhatisPlanning.pdf
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/process.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/cwocsummary.pdf.
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/pg.pdf
- 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/Planning_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/Principles_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/General_guidance/fctsht1.pdf
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/General_guidance/fctsht2.pdf
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/General_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
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-p/digest/index.htm
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/peer_rev_process.pdf
- United States Army Corps of Engineers, http://www.usace.army.mil/cw/cecw-cp/library/costsharingFWmitigation.pdf
- Construction Industry Compliance Assistance Center, *Wetlands Regulations/*Permits.  Linked from http://www.epa.gov/compliance/assistance/centers/index.html.  Available online at http://www.cicacenter.org/wetpermits.html
- South Carolina State Historic Preservation Office, http://www.state.sc.us/scdah/hpsection106review.htm
- 36 CFR 800, Section 106 Regulations, http://www.achp.gov/regs-rev04.pdf
- United States Department of Agriculture Forest Service Southern Region, *Land Ownership Adjustment Strategy*, June 2005.  Available upon request from the Southern Region Office at 803-561-4000.
- United States Forest Service, *Forest Service Manual FSM 5400*.  Available online http://www.fs.fed.us/im/directives/dughtml/fsm_5000.html
- United States Forest Service, *FSH 5409.13 Land Acquisition Handbook, Chapter 30 Land Exchange*.  Available online http://www.fs.fed.us/im/directives/fsh/5409.13/5409.13_37-39.doc
- United States Army Corps of Engineers, *Engineering Circular 1105-2-405*.  Available Online http://www.usace.army.mil/publications/eng-circulars/ec1105-2-405/entire.pdf.
- 36 CFR 800
- 18 CFR, Chapter I, Section 5