The U.S. Army Corps of Engineers Regulatory Program in

David Lekson, PWS Kelly Finch, PWS Richard Morgan Savannah District August, 2013

US Army Corps of Engineers

BUILDING STRONG® Topics

§ Savannah District Regulatory Division § Regulatory Efficiencies § On the Horizon

2 BUILDING STRONG® Introduction

§ Joined Savannah District in Jan 2013

§ 25 years as Branch Chief in the Wilmington District, NC

§ Certified Professional Wetland Scientist with extensive field and teaching experience across the country

§ Participated in regional and national initiatives (wetland delineation and assessment, Mitigation/Banking); Served 6- month detail at the Pentagon in 2012

§ Evaluated phosphate/sand/rock mining, wind energy, port and military projects, water supply, landfills, utilities, transportation (highway, airport, rail), and other large-scale commercial and residential projects

3 BUILDING STRONG® Georgia

§ Largest state east of the Mississippi River

TN NC § 59,425 Square miles

§ Abuts 5 states

§ 5 Ecoregions SC § 159 Counties

AL § 70,000 Miles of waterways

§ 7.7 Million acres of wetlands

FL

4 BUILDING STRONG® Savannah Regulatory Organization

Lake Lanier

Piedmont Branch Mr. Ed Johnson (678) 422-2722

Morrow

Coastal Branch Ms. Kelly Finch (912) 652-5503

Savannah

Albany § 35 Team members § 3 Field Offices & Savannah § 3 Branches (Piedmont, Coastal, Multipurpose Management)

5 BUILDING STRONG® Regulatory Efficiencies

§ General Permits ► Re-issuance of existing Regional and Programmatic General Permits ► New RGP37 for Inshore GADNR Artificial Reefs § Electronic PNs § New In-Lieu-Fee Mitigation Program § Forming a Reservoir Working Group with state and federal resource agencies § Written agreements with NRCS, GFC, EPA to aid property owners in understanding regulatory programs

6 BUILDING STRONG® On The Horizon

§ CWA Jurisdiction Rule § EPA Coastal Wetlands Report § Corps / NMFS Re-initiation of Consultation on the 2012 Nationwide Permit Program § ESA Listing of Atlantic Sturgeon § FL lawsuit against GA regarding water use

7 BUILDING STRONG® Department of the Army Permits

§ Standard Permits: ► Individual Permit ► Letter of Permission § General Permits: ► Nationwide Permit ► Programmatic General Permit ► Regional Permit Hickory Log Creek Reservoir Cherokee County

Riprap Living Shoreline

8 BUILDING STRONG® Programmatic General Permits

§ PGPs are issued by Savannah District for routine activities with minimal impacts, both individually and cumulatively

§ Corps delegates verification of PGP use to state, local or other agency with existing authority to permit the activity

§ Permitting agency submits quarterly PGP use and compliance reports to Corps

9 BUILDING STRONG® Programmatic General Permits

§ Corps Lakes § Corps Lakes § Corps Lakes § () § Georgia Power Company Lakes § Coastal Georgia Recreational Docks § Offshore Fishing Reefs § New – Inshore Fishing Reefs

10 BUILDING STRONG® Regional Permits

§ RPs are also issued by Savannah District for routine activities with minimal impacts, both individually and cumulatively

§ Proposals to use a RP are submitted to Crops for review and verification

§ Streamlined approval process for projects that comply with terms and conditions for use of RP

11 BUILDING STRONG® Regional Permits

§ Public Roads and Bridge Projects § Public Bridge and Culvert Replacement § Five-Acre Recreational Ponds § Ft. Benning BRAC Projects § Under Development – Statewide Docks

BRAC Road Project Recreational Pond

12 BUILDING STRONG® 26 Water Supply Reservoirs Permitted in Georgia Since 1987

Lake Horton, Fayette County

13 BUILDING STRONG® Reservoir Applications Being Processed

Dawson County Hall County Russell Creek Glades Farm

Paulding County Jackson County Richland Creek Parks Creek

Carroll County Newton County Indian Creek Bear Creek

Fulton County Bear Creek

14 BUILDING STRONG® Hall County (Glades Farm)

§ Chattahoochee River pump-storage § 850 acre reservoir § 49 mgd yield § Impacts: ► 39.2 acres of wetland ► 94,851 feet of stream

15 BUILDING STRONG® Dawson County (Russell Creek)

§ pump-storage § 137 acre reservoir § 11.5 mgd yield § Impacts: ► 5.9 acres of wetland ► 22,344 feet of steam

16 BUILDING STRONG® Carroll County (Indian Creek)

§ pump-storage § 643 acre reservoir § 18.0 mgd yield § Impacts: ► 18.8 acres of wetland ► 47,468 feet of stream

17 BUILDING STRONG® Paulding County (Richland Creek)

§ Etowah River pump-storage § 305 acre reservoir § 35 mgd yield § Impacts: ► 0.89 acres of wetland ► 49.627 feet of steam

18 BUILDING STRONG® Fulton County (Bear Creek)

§ Chattahoochee River pump-storage § 440 acre reservoir § 16.4 mgd yield § Impacts: ► 30 acres of wetland ► 5.5 acres of open water ► 40,413 feet of steam

19 BUILDING STRONG® Newton County (Bear Creek)

§ pump-storage § 1,242 acre reservoir § 28 mgd yield § Impacts: ► 136 acres of wetland ► 126,720 feet of steam

20 BUILDING STRONG® Jackson County (Parks Creek)

§ pump-storage § 166 acre reservoir § 4 mgd yield § Impacts: ► 0.26 acres of wetland ► 15,975 feet of steam

21 BUILDING STRONG® 22 BUILDING STRONG® Website Updates

§ Bottom Line

► Consistency throughout Corps

► New link, easy navigation: http://www.sas.usace.army.mil/Missions/Regulatory.aspx

► Updated content

► Avatar updates coming soon

23 BUILDING STRONG® Electronic Joint Public Notices

The Facts § Faster, easier § Reduced printing cost § Digital searchable format

24 BUILDING STRONG® Electronic Joint Public Notices

25 BUILDING STRONG® In Lieu Fee

Definition:

A program involving the restoration, establishment, enhancement and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity.

26 BUILDING STRONG® The Facts

§ In lieu fee accounts for about 5% of the total compensatory mitigation in the Savannah District

§ On June 9, 2013, Savannah District the Georgia Land Conservation Center in-lieu fee mitigation program expired for non-compliance with the 2008 mitigation rule.

§ Georgia Land Trust has submitted a program instrument to Savannah District to sponsor a new in-lieu fee program that complies with the 2008 mitigation rule. This instrument is under review.

27 BUILDING STRONG® Moates Creek,BUILDING Habersham STRONG County® reg199.ppt 28 L&K SITE,BUILDING Lumpkin County STRONG ® reg199.ppt Watershed,BUILDING McIntosh STRONG County® reg199.ppt Flint River Site in DoughertyBUILDING County STRONG ® reg199.ppt 31