Lake Topanemus Trip Report FEB 2010 Final

LAKE TOPANEMUS
FREEHOLD, NEW JERSEY
TRIP REPORT (MEMORANDUM FOR RECORD)

02 February 2010
US ARMY CORPS
OF ENGINEERS
NEW YORK DISTRICT
MEMORANDUM FOR: Record 24 February 2010
SUBJECT: Trip Report – Lake Topanemus

Freehold, NJ
02 February 2010
1. Background: Congressman Holt requested assistance from the US Army Corps of

Engineers (USACE), New York District in restoring the ecosystem of Lake Topanemus,
located in Freehold Township, New Jersey. Lake Topanemus is located in the southern
headwaters of the Raritan River Basin. It drains into McGellairds Brook, which flows
into Matchaponix Brook, continuing into South River, Raritan River and untimely into
the Raritan Bay (see Attachment A – Maps). Lake Topanemus Park is a 71-acre site,
surrounding the 22-acre lake. The park has a variety or recreation activities including
fishing, jogging, biking, boating, and bird watching. The maintenance of the park is
overseen by the Lake Topanemus Park Commission. Since the Commission's inception,
it has worked to maintain and improve the park for the benefit of the public.1
2. Site Visit: Jason Shea (USACE) and representatives from Congressman Holt’s Office,
and several state and local agencies and NGO’s (see Attachment B - Attendance) toured
the lake to view the water resources problems. Although the lake was frozen over, the
participants described the problems and shared photos (see Attachment C – Photos). The
water resources problem identified is described as an overall deterioration of the lake
ecosystem, including increased nutrient levels, nuisance aquatic plant growth, excessive
silt accumulation and plant biomass. Prior reports indicate that the lake is in the early
stages of eutrophication, which is the process of increased nutrient input into the lake that
negatively impacts the natural ecosystem. Without a significant effort to solve the
problem, the eutrophication process will continue and the lake will eventually fill in
completely and become a marsh, During the tour, Jason Shea briefed the group on the
Aquatic Plant Control Program, the Corps’ watershed planning program and various
other Corps authorities.
3. Summary & Recommendation: Lake Topanemus’ environmental problems could be

addressed utilizing three Corps programs, Aquatic Plant Control, Continuing Authorities
Program, and a watershed study (General Investigations). Planning Assistance to States
(PAS) Program could also be pursued to achieve some low level planning to answer
questions, helping guide the decision making process (see Attachment D – PAS and CAP
Brochures).
a. Planning Assistance to States – Authorized by Section 22 of the Water

Resources Development Act of 1974 (PL 102-580) as amended; the PAS
Program allows the Corps to assist local governments with their water
1
Lake Topanemus Park Commission - http://www.twp.freehold.nj.us/townhall/boards_commissions/lake_topanemus.asp
resources planning efforts. Types of studies include, but are not limited to,
water quality, environmental conservation/restoration, wetlands evaluation,
flood damage reduction and watershed studies. Typical studies are planning
level only and do not include detailed design for project construction. Study
length is generally 6-12 months and cost shared 50% Federal/50% non-
Federal.
b. Continuing Authorities Program (CAP), Section 206 – Authorized by Section

206 of the Water Resources Development Act of 1996 (PL 104-303) as
amended; “Section 206 of the CAP Program” allows the Corps to participate
in aquatic ecosystem restoration, if the project will improve environmental
quality and is cost effective. There is a $5 million per project and a $50
million nationwide funding limit. Study length is generally 2-3 years and cost
shared 65% Federal/35% non-Federal. Construction is also cost shared 65/35.
c. Watershed Study – There are several authorities for watershed studies. The
work required for a watershed study varies, depending on the specific
problems, needs, size and available data in a watershed. If authorized under
"General Investigations", extensive technical work would be performed,
including data collection, analysis, screening, prioritization, conceptual design
and cost estimates of potential restoration sites within the watershed and the
lake. New authorization would be required for construction, following the
feasibility study. Study length is generally 2-4 years and cost shared 50%
Federal/50% non-Federal.
d. Aquatic Plant Control – Authorized by Section 104, 1958 Rivers and Harbors
Act (PL 85-500), as amended; allows The Corps may cooperate with non-
Federal agencies for control of noxious aquatic plant growth from navigable
water areas not under the jurisdiction of the Corps of Engineers or other
federal agencies. The nationwide program is limited to $15 million per fiscal
year. Initiation of aquatic plant control reconnaissance and feasibility studies
must be approved by the Assistant Secretary of the Army (Civil Works) and is
cost shared 50% Federal/50% non-Federal (see Attachment E - Aquatic Plant
Control Authorities and Provisions).
It is recommended that a CAP 206 Project be pursued. However, USACE Headquarters

guidance for Fiscal Years 2009 and 2010 prohibits “new start” projects under certain
CAP authorities including Section 206. Excerpted from the Energy & Water Committee
Conference Report,
“Continuing Authorities Program. The Corps shall give first priority to the
projects listed in the tables in this report. The management of the program should
continue consistent with the guidelines outlined in the Omnibus Appropriations
Act of 2009.”
The 2009 guidelines referenced include,

“The Corps is directed not to initiate any new continuing authorities projects in
sections 205, 206, 208 or 1135 without explicit congressional direction. New
projects may be initiated in the remaining sections after an assessment is made
that such projects can be funded over time based on historical averages of the
appropriation for that section and after prior approval by the Committees on
Appropriations.”
If it is not possible to start a new CAP Project at this time, it is recommended that a PAS
Study be pursued in short-term, to gather important information, while also pursing one
of the other options as a long term solution. If a potential local partner would like to
pursue one or more of the options outlined above, a letter of request should be written to
the US Army Corps of Engineers, New York District. For additional information, please
contact Jason Shea, Chief, Watershed & Navigation Section at 917-790-8727.
SHEA.JASON.A.12 Digitally signed by SHEA.JASON.A.1228886340

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
28886340
ou=USA, cn=SHEA.JASON.A.1228886340
Date: 2010.03.23 10:11:32 -04'00'
Jason Shea
Chief, Watershed & Navigation Section
US Army Corps of Engineers
Attachment A – Maps
Attachment B – Attendance
Attachment C – Photos
Attachment D – PAS and CAP Brochures
Attachment E – Aquatic Plant Control Authorities and Provisions
Attachment A – Maps
LAKE TOPANEMUS
Lake Topanemus
Attachment B - Attendance
LAKE TOPANEMUS
FREEHOLD, NEW JERSEY
02 FEB 2010
ATTENDANCE
Anthony Ammiano – Freehold Township Committee
Dr. Gene Golub – Freehold Township Committee
Tom Antus – Freehold Township Administrator
Pete Valesi – Assistant, Freehold Township Administrator
Neal Herstik – Lake Topanemus Commission
Ann Marie Howley – Representing NJ 12th District Legislators
Joe Bellina – Freehold Boro Administrator
Jay Sims – Freehold Boro Council
Kevin Kane – Freehold Boro Council
Leslie Potter – Congressman Holt’s Office
Jason Shea – US Army Corps of Engineers

Attachment C – Photos
Attachment D – PAS and CAP Brochures
Flood Plain Management Services
& Planning Assistance to States
US Army Corps
of Engineers New York District - FY 2009
Table of Contents
Introduction ............................................................................... 3
Corps of Engineers Overview .................................................... 3
Division/District Boundaries (map) ...................................... 4
Flood Plain Management Services .......................................... 5
Planning Assistance to States ................................................. 9
2
Introduction Almost everyone knows that the US Army Corps of Engineers builds water
resource projects.
Not so well known, however, is that the Corps also provides assistance to help
states, eligible Native American Indian tribes, and local governments
prepare their own plans and initiate their own actions to manage their water and
related land resources.
This booklet describes two of the Corps' most effective and efficient assis-
tance programs:
Flood Plain Management Services

&
Planning Assistance to States
The details contained here explain what these programs can do and the types of
information, technical services, and planning guidance they can provide to help others
help themselves.
Also included are instructions on how to request assistance and a listing of
the addresses and telephone numbers of Corps offices where assistance and
additional information may be obtained.
The US Army Corps of Engineers is the nation's oldest and largest water
Corps of Engineers resources development agency. Congress assigned the Corps this civil
works responsibility in an effort to conserve the nation's most vital natural
Overview resources. The variety and challenge of water projects demonstrate the
Corps' range of engineering skills, which are critical during national
emergencies.
The Corps began its water resources program in 1824 when Congress for the
first time appropriated money for improving river navigation. Since then, the
Corps has been involved in improving recreation and commercial navigation,
reducing flood damage, and controlling beach erosion. Along with these
missions, the Corps generates hydropower, supplies water to cities and industry,
regulates development in navigable waters, and manages a recreation program.
Today the Corps manages nearly 2,000 water resources projects including:
• Navigation
• Flood Damage Reduction
• Hydroelectric Power
• Fish and Wildlife Conservation
• Environmental Quality
• Recreation
• Water Supply
3
These activities call for careful coordination of many interests, including
consideration of environmental impacts.
The Corps is organized geographically into 8 divisions in the United States
and 41 subordinate districts throughout the United States, Asia, and Europe. The
districts oversee project offices throughout the world. Divisions and
districts are defined by watershed boundaries, not by states. District and
division boundaries are shown on the map below. Each of these district and
division offices has designated a Flood Plain Management Services (FPMS)
Program and Planning Assistance to States (PAS) Program coordinator. These
coordinators are responsible for drawing on the planning and technical
resources of the Corps to provide a full range of technical services and
planning guidance on water resources related matters to states, local
governments, other non-federal entities, and eligible Native American Indian
tribes. Details of the FPMS Program and the PAS Program are described in
this booklet.
Civil Works Division and District Boundaries
4
Flood Plain The Flood Plain Management Services Program
People who live and work in the flood plain need to know about the flood
Management hazard and the actions that they can take to reduce property damage and to
prevent the loss of life caused by flooding. The FPMS Program was developed by
Services the Corps of Engineers specifically to address this need.
Authority, Objective, and Scope

The program's authority stems from Section 206 of the 1960 Flood Control Act
(PL 86-645), as amended. Its objective is to foster public understanding of
the options for dealing with flood hazards and to promote prudent use and
management of the Nation's flood plains.
Land use adjustments based on proper planning and the employment of
techniques for controlling and reducing flood damages provide a rational way to
balance the advantages and disadvantages of human settlement on flood plains.
These adjustments are the key to sound flood plain management.
Types of Assistance
The FPMS Program provides the full range of technical services and planning
guidance that is needed to support effective flood plain management.
Flooding in Bound Brook, NJ., in 1999.

Photo courtesy of New York District.
Flooding in Manville, NJ, 1999.

Photo courtesy of New York District.
5
General Technical Services
The program develops or interprets site-specific data on obstructions to

flood flows, flood formation, and timing; flood depths or stages; floodwater
velocities; and the extent, duration, and frequency of flooding. It also provides
information on natural and cultural flood plain resources of note, as well as flood
loss potentials before and after the use of flood plain management measures.
General Planning Assistance
On a larger scale, the program provides assistance and guidance in the form
of "Special Studies" on all aspects of flood plain management planning
including the possible impacts of off-flood plain land use changes on the
physical, socio-economic, and environmental conditions of the flood plain.
This can range from helping a community identify present or future flood
plain areas and related problems, to a broad assessment of which of the
various remedial measures may be effectively used.
Some of the most common types of "Special Studies" include:
• Flood Plain Delineation/Flood Hazard Evaluation Studies

• Dam Break Analysis Studies
• Hurricane Evacuation Studies
• Flood Warning/Preparedness Studies
• Regulatory Floodway Studies
• Comprehensive Flood Plain Management Studies
• Flood Damage Reduction Studies
• Urbanization Impact Studies
• Stormwater Management Studies
• Flood Proofing Studies
• Inventory of Flood Prone Structures
The program also provides guidance and assistance for meeting standards of the
National Flood Insurance Program and for conducting workshops and seminars on non-
structural flood plain management measures, such as flood proofing.
Guides, Pamphlets, and Supporting Studies
Studies are conducted under the program to improve the methods and
procedures for mitigating flood damages. Guides and pamphlets are also
prepared on flood proofing techniques, flood plain regulations, flood plain
occupancy, natural flood plain resources, and other related aspects of flood
plain management.
The study findings and the guides and pamphlets are provided free-of-
charge to federal agencies; eligible Native American Indian tribes; state,
regional, and local governments; and private citizens for their use in ad-
dressing the flood hazard.
6
Charges for Assistance
Upon request, program services are provided to state, regional, and local
governments; eligible Native American Indian tribes; and other non-federal
public agencies without charge. At their option, these entities may provide
voluntary contributions toward requested services to expand the scope or
accelerate the provision of those services.
Program services also are offered to non-water resource federal agencies and to the
private sector on a 100 percent cost recovery basis. For most of these requests, payment
is required before services are provided. A schedule of charges is used to recover the
cost of services that take up to one day to provide. Letter requests or signed agreements
are used to charge for those that take longer.
All requesters are encouraged to furnish available field survey data, maps,
historical flood information, etc., to help reduce the cost of services.
How to Request Assistance
Agencies, governments, organizations, and individuals interested in flood-

related information or assistance should contact the appropriate Corps office
indicated on the sheet in the pocket at the back of this booklet.
Information that is readily-available will be provided in response to a tele-
phone request. A letter request is required for assistance that involves devel-
oping new data, making a map, or preparing a report. A sample letter request is
shown on the next page.
7
Sample Request for flood Plain
Management Services
(Date)

26 Federal Plaza, Room #2145
New York, NY 10278
Attn. Planning Division
Corps Flood Plain Management Services Program Coordinator.
Dear Sir/Madam:
This is in reference to your Flood Plain Management Services Program. We
understand that Section 206 of the Flood Control Act of 1960, as amended,
authorizes the Corps to help others mitigate flood losses. The [requesting
agency, eligible Native American Indian tribe, or private entity] requests
assistance for [body of water or waterway], located in [city, township or
borough], in [county and state].
[Add brief paragraph describing problem or need].
Property descriptions, [site plans, maps and/or photographs] are

enclosed. Upon your review of this initial request, we would like to discuss the
availability of information, required schedule, and level of effort required (to
negotiate the appropriate charge if applicable). Please contact [name, title,
phone number] to arrange a further discussion of this request.
Signature of Cooperating Agency or Individual
8
Other water issues can also be a challenge for states and Native American
Planning Indian tribes located near lakes, rivers, or even the ocean. The Corps helps tackle
these needs through the PAS Program.
Assistance
Authority and Scope
to States Section 22 of the Water Resources Development Act (WRDA) of 1974
(Public Law 93-251), as amended, provides authority for the Corps of Engineers to
assist the states, local governments, and other non-federal entities in the
preparation of comprehensive plans for the development, utilization, and
conservation of water and related land resources. Section 208 of the WRDA of
1992 (Public Law 102-580), amended the WRDA of 1974 to include eligible
Native American Indian tribes as equivalent to a state. To find out if a Native
American Indian tribe is eligible for these services, contact the US Department of
Interior Bureau of Indian Affairs through the following website:
http://www.doi.qov/bureau-indian-affairs.html
Program Development
The individual states and tribes determine the needed planning assistance.
Every year, each state and eligible Native American Indian tribe provides the
Corps of Engineers its request for studies under the program, and the Corps then
accommodates as many studies as possible within the funding allotment. Typical
studies are only planning level of detail, they do not include detailed design for
project construction. The studies generally involve the analysis of existing data
for planning purposes using standard engineering techniques, although some
data collection is often necessary. Most studies become the basis for state,
tribal, or local planning decisions. To assist in expediting a request for PAS
activities, a sample requesting letter and Cost Sharing Agreement are included
on pages 10 and 11, respectively.
Typical Studies
The program can encompass many types of studies dealing with water
resources issues. Types of studies conducted in recent years under the
program include the following:
• Water Supply and Demand Studies

• Water Conservation Studies
• Water Quality Studies
• Environmental Conservation/Restoration Studies
• Wetlands Evaluation Studies
• Dam Safety/Failure Studies
• Flood Damage Reduction Studies
• Flood Plain Management Studies
• Coastal Zone Management/Protection Studies
• Harbor/Port Studies
9
Funding
Congress funds the PAS Program annually. Nationwide annual funds may not
exceed $10 million, with not more than $500,000 in any one year in any one state.
Individual studies, of which there may be more than one per state or tribe per year,
generally cost $25,000 to $75,000. These studies are cost shared on a 50 percent
federal - 50 percent non-federal basis. The study sponsor has the option of
providing up to 50% of their share of the study cost in the form of in-kind
services.
How to Request Assistance
State, local government, and tribal officials who are interested in obtaining
planning assistance under this program can contact the appropriate Corps
office for further details. Alternatively, interested parties can contact the
appropriate state or tribal PAS coordinator to request assistance. In either case,
the Corps will coordinate all requests for assistance with the state or tribal PAS
coordinator to ensure that studies are initiated on state or tribal prioritized
needs. The insert found in the pocket on the inside back cover of this booklet
includes a current listing
of the Corps PAS
coordinator for your
area of interest.
Coastal Project at
Westhampton, NY.
Restoration of Waterbury
Dam, in Waterbury, VT
10
Sample Request for Planning
Assistance to States
(Date)

26 Federal Plaza, Room #2145
New York, NY 10278
Attn. Planning Division
Corps Planning Assistance to States Program Coordinator:
Dear Sir/Madam:
This is in reference to the Corps of Engineers' Planning Assistance to States
Program. We understand that the provisions of Section 22 of the Water Resources
Development Act of 1974 (Public Law 93-251), as amended, provides authority for
the Corps to assist in the preparation of comprehensive plans for the development,
utilization, and conservation of water and related land resources. The [name of
state, eligible Native American Indian tribe, local government, or other
non-federal entity] requests planning assistance for [briefly describe problem
or need, including if appropriate, the name of the body of water or
waterway, and city, township, etc.], in [county and state].
We would like to discuss the availability of information, required schedule, and

level of effort required in order to negotiate the appropriate Cost Sharing
Agreement to initiate a Section 22 study. Please contact [name, title, phone
number] to arrange a further discussion of this inquiry.
Signature of Cooperating Agency
11
PLANNING ASSISTANCE BETWEEN
THE US ARMY CORPS OF ENGINEERS Sample
AND
(SPONSOR'S NAME)
Cost Sharing
THIS AGREEMENT, entered into this _________________ day of _____________________ by and
Agreement
between the United States of America (hereinafter called the "Government"), represented by the
Contracting Officer executing this Agreement, and (Name of the Requesting state entity or
tribe)(hereinafter called the "Sponsor").
WITNESSETH, that
WHEREAS, the Congress has authorized the Corps of Engineers in Section 22 of the Water
Resources Development Act of 1974 (Public Law 93-251), as amended, to assist the States in the
preparation of comprehensive plans for the development, utilization, and conservation of water and
related land resources; and whereas, Section 319 of the Water Resources Development Act of 1990
(Public Law 101-640) authorized the Government to collect from non-federal entities fees for the
purpose of recovering fifty (50) percent of the cost of the program; and,
WHEREAS, the sponsor has reviewed the state's comprehensive water plans and identified the need
for the planning assistance as described in a Scope of Studies; (Name of the study which is
described in Appendix A), incorporated into this Agreement; and
WHEREAS, the sponsor has the authority and capability to furnish the cooperation hereinafter set
forth and is willing to participate in study cost-sharing and financing in accordance with the terms of
this Agreement;
NOW THEREFORE, the parties agree as follows:
1. The Government, using funds contributed by the sponsor and appropriated by the Congress, shall
expeditiously prosecute and complete the study, estimated to be completed within twelve (12)
months, substantially in compliance with the Scope of Studies attached as Appendix A and in
conformity with applicable federal laws and regulations and mutually acceptable standards of
engineering practice.
2. The Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs
other than excess Study Costs. The Sponsor may, consistent with applicable law and regulations,
contribute their Study Costs through the provision of in-kind services. The in-kind services to be
provided by the Sponsor, the estimated negotiated costs for those services, and the estimated
schedule under which those services are to be provided are specified in the PSP. The total cost of
which is currently estimated to be $_____, as specified in the cost estimate attached as Appendix
B. For its cash
contribution, the sponsor shall provide a cashier or certified check in the amount of $____ which
shall be made payable to FAO, USAED, New York District, prior to any work being performed
under this Agreement.
12
3. No federal funds maybe used to meet the local sponsor share of study costs under this
Agreement, unless the expenditure of such funds is expressly authorized by statute as verified by the
granting agency.
4. Before any party to the Agreement may bring suit in any court concerning any issue relating to
this Agreement, such party must first seek in good faith to resolve the issue through negotiation or
another form of nonbinding alternate dispute resolution mutually acceptable to the parties.
5. In the event that anyone or more of the provisions of this Agreement is found to be invalid, illegal,
or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall
not in any way be affected or impaired and shall continue in effect until the Agreement is completed.
6. This Agreement shall become effective upon the signature of both parties.
For the Sponsor: For the Corps:
By: _____________________________ By: ________________________

(Colonel, Corps of Engineers)
Title:____________________________ Title: District Engineer
Date: ___________________________ Date:
13
Continuing Authorities Program
US Army Corps
of Engineers
New York District
FY 2008
CAP LIMITS AND CODE
CONTINUING AUTHORITIES Project Program Initial Feas. Phase Const. Phase Code
PROGRAM Limit Limit (per FY) Fed Funding Fed/Non-Fed Fed/Non-Fed
Traditional
Section 14
Emergency Streambank and Shoreline Protection $1,000,000 $15,000,000 $40,000 N/A 65/35 33 USC Sec. 701r
Section 103
Hurricane and Storm Damage Reduction $3,000,000 $30,000,000 $100,000 50/50 65/35 33 USC Sec. 426g
Section 107 20-45' or 45'
Navigation $4,000,000 $35,000,000 $100,000 50/50 65/35 or 40/60 33 USC Sec. 577
Section 111
Mitigation of Shore Damage due to Fed. Project $5,000,000 N/A $100,000 50/50 original cost share 33 USC Sec. 426i
Section 205
Flood Damage Reduction $7,000,000 $50,000,000 $100,000 50/50 65/35 33 USC Sec. 701s
Section 208
Snagging and Clearing for Flood Control $500,000 $7,500,000 $40,000 N/A 65/35 33 USC Sec. 701g
Environmental
Section 204
Beneficial Use of Dredged Material None $15,000,000 $5,000 75/25 75/25 33 USC Sec. 2326
Section 206
Aquatic Ecosystem Restoration $5,000,000 $25,000,000 $10,000 65/35 65/35 33 USC Sec. 2330
Section 1135
Environmental Improvement $5,000,000 $25,000,000 $10,000 75/25 75/25 33 USC Sec. 2309a
SECTION 14
Authority for: EMERGENCY STREAMBANK
AND SHORELINE PROTECTION
WHAT CAN THE CORPS DO? Section 14 of the 1946 Flood Control Act, as amended,
provides authority for the Corps of Engineers to plan and construct emergency streambank
and shoreline protection projects to protect endangered highways, highway bridge
approaches, public facilities such as water and sewer lines, churches, public and private
nonprofit schools and hospitals, and other nonprofit public facilities.
The unstable conditions caused by streambank and shoreline erosion call for prompt action
to eliminate the threat to public safety and to prevent interruption of vital services. This is
recognized in the streamlined study and shortened time frame of the Section 14 program.
Federal costs are limited to not more than $1,000,000 in one locality during any fiscal year.
Costs of lands, easements, and operation and maintenance of the project must be nonfederal.
A Section 14 project may include new streambank or shoreline protection works, or it may
repair, restore, or modify existing works. Each project must constitute a complete solution
to the problem and not commit the federal government to additional improvements to ensure
effective protection.
A project is accepted for construction only after investigation shows its engineering
feasibility, environmental acceptability, and economic justification. The planning and
design analysis (PDA), conducted at federal expense, will evaluate the alternatives, select
one, and develop project design data, including plans and specifications. The impact of the
project on the environment will be documented in an environmental assessment (EA). The
decision to approve and construct a project under Section 14 is based on information from
the PDA. A draft project cooperation agreement (PCA) is drawn up which defines the
obligations of the federal government and the sponsor in the construction, maintenance, and
cost sharing of the project. No more than 12 months should pass between the start of the
PDA and the time the project is ready for construction.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for emergency streambank and
shore protection projects are shared between the federal government and a non-federal
sponsor in accordance with the Water Resources Development Act of 1986, as amended.
The first $40,000 of study funds are 100 percent federal. Any remaining study funds and
the costs of construction are shared according to the formula in the law. Credit is given for
lands, etc. dedicated to the project, but at least 5 percent of the cost must be provided in
cash. The local sponsor (a State, local, or tribal government) must have the legal and
financial capability to fulfill local cooperation requirements.
Formal assurances of cooperation must be furnished by the local sponsor. The sponsor
generally must agree to the following:
• Contribute a minimum of 5 percent of the total project cost in cash;

• Provide all lands, easements, rights-of-way, and relocations;
• Provide any additional cash contributions needed to make the local sponsor's share of the
project costs 35 percent;
• Assume the full responsibility for all project costs above the federal cost limit of
• $1,000,000.
• Hold and save the United States free from claims for damages due to the construction and
maintenance of the project, except damages due to fault or negligence of the United States
or its contractors;
• Provide all access routes and relocations of utilities necessary for project construction and
subsequent operation and maintenance;
• Operate, maintain, repair, replace, and rehabilitate the project as long as the project is
authorized;
• Comply with provisions of pertinent federal acts in carrying out the specified nonfederal
responsibilities of the project.
HOW CAN HELP BE REQUESTED? We may begin a PDA study after we receive a
written request from the prospective sponsor. A sample letter is offered below:
District Engineer
U.S. Army Corps of Engineers, New York District
ATTN: Planning Division
26 Federal Plaza, 21st Floor
New York, NY 10278
Dear Sir:
This letter is to seek the assistance of the U.S. Army Corps of Engineers under
Section14 of the 1946 Flood Control Act, as amended, in reducing the threat of
damages along (name of river, creek, or body of water) in the vicinity of (city or
town, etc.).
(Briefly describe the nature and severity of the problem, and any issues that could
affect the acceptability of possible solutions.)
We understand that we would be required to pay at least 35 percent of the total cost
of a project, with credit granted toward this amount for providing lands, easements
and rights-of-way, and that the minimum cash requirement from us would be 5
percent of the total project cost. We are able and willing to proceed to construction
within a year, if a feasible project is found. Please contact (name, address,
telephone) for further information.
Sincerely,
(Name and title of public official authorized to request study)
For more information, contact Mr. Dan Falt, Continuing Authorities Program Manager,
at (917) 790-8614 or Email: daniel.t.falt@usace.army.mil.
SECTION 103
Authority for: COASTAL STORM DAMAGE
REDUCTION PROJECTS
WHAT CAN THE CORPS DO? Section 103 of the 1962 River and Harbor Act, as amended,
provides authority to the Corps of Engineers to plan and construct small beach and shore
protection projects that have not already been specifically authorized by Congress. A project is
accepted for construction only after detailed investigation clearly shows its engineering feasibility,
environmental acceptability, and economic justification. Each project must be complete within itself,
not a part of a larger project. The maximum federal expenditure per project is $3 million, which
includes both planning and construction costs. Costs of lands, easements, and operation and
maintenance are non-federal.
To qualify for this program, the shoreline to be protected must be publicly owned or used. Private
land may qualify, however, if the project is necessary to protect nearby public facilities. The object
is to retain or restore existing land, not to create new land. The storm damage must be the result of
wind-driven waves and/or ocean tidal action, not streamflow.
After a State or local agency requests a potential project, the Corps will conduct a feasibility study
if it appears the problem may have a federal interest and if funds are available. The feasibility study
begins at federal expense. After approximately $20,000 has been expended, a decision is made
whether to continue the study and if cost sharing is required. Study costs in excess of $100,000
are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost Sharing
Agreement (FCSA). In the feasibility study the problem is defined, the federal interest is
determined, potential solutions are identified, and the most feasible plan is chosen. The costs,
benefits, and environmental impacts of the potential project are analyzed. A draft project
cooperation agreement (PCA) is drawn up by which the federal Government and the sponsor
agree to share project costs. No more than 3 years should pass between the start of the feasibility
study and the time the project is ready for construction.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 103 storm damage reduction
projects are shared between the federal government and a non-federal sponsor in accordance with
the Water Resources Development Act of 1986, as amended. During construction the local
sponsor must contribute a minimum of 35 percent of the total cost of a project, with credit granted
toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash
requirement of 5 percent of the total project cost. The local sponsor (a state or local government)
must have the legal and financial capability to fulfill the requirements of cost sharing and local
cooperation. The sponsor generally must agree to the following:
• Contribute in cash the local share of project planning and construction costs.
• Provide all lands, easements, rights-of-way, relocations, and dredged material disposal
areas.
flood damage reduction cost at least 35 percent.
• Hold and save the United States free from damages due to the construction and
or its contractors;
• Make all alterations and relocations of buildings, transportation facilities, storm drains,
utilities, and other structures and improvements made necessary by the construction of the
project (excluding approaches and facilities necessary for the normal interception and
disposal of local interior drainage at the line of protection);
• Comply with provisions of pertinent federal acts in carrying out the specified non-federal
responsibilities of the project;
authorized.
HOW CAN A STUDY BE REQUESTED? We may begin a Section 103 study after we receive a
written request from the prospective sponsor. A sample letter is offered below.
District Engineer
New York, NY 10278
Dear Sir:
This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 103
of the 1962 River and Harbor Act, as amended, in reducing storm damages along (describe
the site) in the vicinity of (city or town, etc.)
(Briefly describe the nature and severity of the problem. Briefly describe the known issues
that might affect the acceptability of any recommended solutions, from the perspective of
local government and/or the public.)
It is understood that, if the study indicates a project with a federal interest is likely, the (non-
federal sponsor) would be required to enter into a contract to pay half the cost of the
feasibility study after the first $100,000. Further, if it is found feasible to develop a flood
damage reduction project, the (non-federal sponsor) would be able to pay at least 35
percent of the total cost of a project, with credit granted toward this amount for providing
lands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent of
the total project cost.
Please contact (name, address, telephone) for further information.
Sincerely,
SECTION 107
Authority for: SMALL NAVIGATION PROJECTS
WHAT CAN THE CORPS DO? Section 107 of the River and Harbor Act of 1960, as
amended, provides authority for the Corps of Engineers to plan and construct small
navigation projects that have not already been specifically authorized by Congress. A
project is accepted for construction only after detailed investigation shows its engineering
feasibility, environmental acceptability, and economic justification. Each project must be
complete within itself, not a part of a larger project. The maximum federal expenditure per
project is $4 million, which includes both planning and construction costs. Any additional
costs must be paid by the non-federal sponsor. Costs of lands, easements, and operation and
maintenance of the project (other than certain maintenance dredging) must be non-federal.
Federal funds can be expended only for general navigation facilities, which may include safe
entrance channels leading to an anchorage basin or berthing area, including breakwaters or
jetties, if needed, protected anchorage basins, and protected turning basins, and necessary
access channels. Federal maintenance is limited to dredging the access, entrance, and main
channels and maintenance of breakwaters or jetties.
After a State or local agency requests a potential project, the Corps will conduct a feasibility
study if it appears the problem may have a federal interest and if funds are available. The
feasibility study begins at federal expense. After approximately $20,000 has been expended,
a decision is made as to whether to continue the study and whether cost sharing is likely to
be needed. Study costs in excess of $100,000 are shared 50/50 with the non-federal sponsor
according to a Feasibility Study Cost Sharing Agreement (FCSA). In the feasibility study
the problem is defined, the federal interest is determined, potential solutions are identified,
and the most feasible plan is chosen. The costs, benefits, and environmental impacts of the
potential project are analyzed. A draft project cooperation agreement (PCA) is drawn up by
which the federal government and the sponsor agree to share project costs. No more than 3
years should pass between the start of the feasibility study and the time the project is ready
for construction, with plans and specifications essentially complete and the PCA approved.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 107 small
navigation projects are shared between the federal government and a non-federal sponsor in
accordance with the Water Resources Development Act of 1986, as amended. During
construction the local sponsor must pay 10 percent of the construction costs for the
breakwater, entrance channel, and maneuvering area for projects 20 feet deep or less. (For
projects more than 20 but less than 45 feet deep, the sponsor must pay 25 percent.) The
sponsor must pay an additional 10 percent over 30 years; the value of lands, easements, and
rights-of-way may be credited toward this amount. Any costs over the $4 million federal
limit must be paid by local interests. Docks, landings, piers, berthing areas, boat stalls,
mooring facilities, launching ramps, access roads, parking areas, and any interior access
channels needed for maneuvering into berths are entirely a local responsibility and are
constructed and maintained at non-federal expense.
The local sponsor (a State or local government) must have the legal and financial capability
to fulfill the requirements of cost sharing and local cooperation. The sponsor generally must
agree to the following:
• Contribute in cash the local share of project planning and construction cost;
• Provide, without cost to the United States, all lands, easements, and rights-of-way necessary for
the construction and maintenance of the project, including suitable disposal areas for dredged
material, with any necessary retaining dikes, bulkheads, and embankments or the cost thereof;
• Hold and save the United States free from damages due to the construction and maintenance of
the project, except damages due to the fault or negligence of the
• United States or its contractors;
• Maintain and operate all the non-federal works after completion in accordance with regulations
prescribed by the Secretary of the Army;
• Provide and maintain berthing areas, floats, piers, slips, and similar marina and mooring
facilities as needed for transient and local vessels, as well as necessary access roads, parking
areas, and other needed public use shore facilities open and available to all on equal terms.
(Only minimum, basic facilities and services are required as part of the project.)
HOW CAN A STUDY BE REQUESTED? We may begin a Section 107 study after we
receive a written request from the prospective sponsor. A sample letter is offered below.
District Engineer
New York, NY 10278
Dear Sir:
This letter is to request the U.S. Army Corps of Engineers to conduct a study under Section
107 of the River and Harbor Act, as amended, to determine the feasibility of developing a
small navigation improvement at (location).
(Briefly describe the nature of the navigation improvement and any issues that might affect
the acceptability of any recommended solutions, from the perspective of local government
and/or the public.)
It is understood that, if the study indicates a project with a federal interest is likely, the
(non-federal sponsor) would be required to enter into a contract to pay half the cost of the
feasibility study after the first $100,000. Further, if it is found feasible to develop a
navigation project at (location), the (non-federal sponsor) would agree to provide the local
cooperation and cost sharing prescribed by the Secretary of the Army.
Sincerely,
SECTION 205
Authority for: FLOOD DAMAGE
REDUCTION PROJECTS
WHAT CAN THE CORPS DO? Section 205 of the 1948 Flood Control Act, as amended, provides
authority to the Corps of Engineers to plan and construct small flood damage reduction projects
that have not already been specifically authorized by Congress. A project is accepted for
construction only after detailed investigation clearly shows its engineering feasibility, environmental
acceptability, and economic justification. Each project must be complete within itself, not a part of a
larger project. The maximum federal expenditure per project is $7 million, which includes both
planning and construction costs. Costs of lands, easements, and operation and maintenance must
be non-federal.
There are two types of projects: structural and nonstructural. Structural projects may include
levees, floodwalls, diversion channels, pumping plants, and bridge modifications. Nonstructural
alternatives, which have little or no effect on water surface elevations, might include such
measures as floodproofing, relocation of structures, and flood warning systems.
After a State or local agency requests a potential project, the Corps will conduct a feasibility study
if it appears the problem may have a federal interest and if funds are available. The feasibility study
begins at federal expense. After approximately $20,000 has been expended, a decision is made
whether to continue the study and if cost sharing is required. Study costs in excess of $100,000
are shared 50/50 with the nonfederal sponsor according to a Feasibility Study Cost Sharing
Agreement (FCSA). In the feasibility study the problem is defined, the federal interest is
determined, potential solutions are identified, and the most feasible plan is chosen. The costs,
benefits, and environmental impacts of the potential project are analyzed. A draft project
cooperation agreement (PCA) is drawn up by which the federal Government and the sponsor
agree to share project costs. No more than 3 years should pass between the start of the feasibility
study and the time the project is ready for construction.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 205 flood damage reduction
projects are shared between the federal government and a non-federal sponsor in accordance with
the Water Resources Development Act of 1986, as amended. During construction the local
sponsor must contribute a minimum of 35 percent of the total cost of a project, with credit granted
toward this amount for providing lands, easements and rights-of-way, and pay a minimum cash
requirement of 5 percent of the total project cost. The local sponsor (a state or local government)
must have the legal and financial capability to fulfill the requirements of cost sharing and local
cooperation. The sponsor generally must agree to the following:
• Contribute in cash the local share of project planning and construction costs.
areas.
flood damage reduction cost at least 35 percent.
or its contractors;
• Make all alterations and relocations of buildings, transportation facilities, storm drains,
utilities,\ and other structures and improvements made necessary by the construction of the
project (excluding approaches and facilities necessary for the normal interception and
disposal of local interior drainage at the line of protection);
• Prepare a floodplain management plan designed to reduce the impact of future flood events
in the project area;
• Comply with provisions of pertinent federal acts in carrying out the specified non-federal
authorized.
HOW CAN A STUDY BE REQUESTED? We may begin a Section 205 study after we receive a
District Engineer
New York, NY 10278
Dear Sir:
This letter is to seek the assistance of the U.S. Army Corps of Engineers under Section 205
of the 1948 Flood Control Act, as amended, in reducing flood damages along (river or
creek) in the vicinity of (city or town, etc.)
(Briefly describe the nature and severity of the flooding problem. Briefly describe the known
issues that might affect the acceptability of any recommended solutions, from the
perspective of local government and/or the public.)
It is understood that, if the study indicates a project with a federal interest is likely, the (non-
federal sponsor) would be required to enter into a contract to pay half the cost of the
feasibility study after the first $100,000. Further, if it is found feasible to develop a flood
damage reduction project, the (non-federal sponsor) would be able to pay at least 35
percent of the total cost of a project, with credit granted toward this amount for providing
lands, easements and rights-of-way, and pay a minimum cash requirement of 5 percent of
the total project cost.
Sincerely,
SECTION 208
Authority for: SNAGGING AND CLEARING
FOR FLOOD CONTROL
WHAT CAN THE CORPS DO? Section 208 of the 1954 Flood Control Act, as amended
provides authority to the Corps of Engineers to plan for and provide removal of accumulated
snags and other debris from waterways and to clear stream channels in the interest of flood
control. Each project must be complete within itself, not part of a larger project. The limited
scope of these projects allows for prompt action to eliminate the threat of flooding. This is
recognized in the streamlined study and shortened time frame of the Section 208 program.
The maximum federal expenditure per project is $500,000, which includes both planning
and construction costs. Costs of lands, easements, and operation and maintenance must be
non-federal.
A project is accepted for construction only after investigation shows its engineering
feasibility, environmental acceptability, and economic justification. The planning and
design analysis (PDA), conducted at federal expense, will evaluate the alternatives, select
one, and develop project design data, including plans and specifications. The impact of the
project on the environment will be documented in an environmental assessment (EA). The
decision to approve and construct a project under Section 14 is based on information from
the PDA. A draft project cooperation agreement (PCA) is drawn up which defines the
obligations of the federal government and the sponsor in the construction, maintenance, and
cost sharing of the project. No more than 12 months should pass between the start of the
PDA and the time the project is ready for construction.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 208 snagging and
clearing projects are shared between the federal government and a non-federal sponsor in
accordance with the Water Resources Development Act of 1986, as amended. The first
$40,000 of study funds are 100% federal. Any additional study funds and the costs of
construction are shared 65% federal, 35% non-federal. Credit is given for lands, etc.
dedicated to the project, but at least 5 percent of the cost must be provided in cash. The
local sponsor (a state, local, or tribal government) must have the legal and financial
capability to fulfill the following local cooperation requirements.
The local sponsor is required to:
• Contribute a minimum of 5 percent of the total project cost in cash;

• Provide all lands, easements, rights-of-way, and relocations;
project costs 35 percent; and
• Assume the full responsibility for all project costs above the federal cost limit of
• $500,000.
Before construction, the local sponsor must agree to do the following:

• Hold and save the United States free from claims for damages due to the construction and
or its contractors;
authorized;
• Comply with provisions of pertinent federal Acts in carrying out the specified nonfederal
responsibilities of the project.
HOW CAN A STUDY BE REQUESTED? We may begin a PDA study after we receive a
District Engineer
New York, NY 10278
Dear Sir:
This letter is to seek the assistance of the U.S. Army Corps of Engineers under
Section 208 of the 1954 Flood Control Act, as amended, in reducing flood damages
along (river or creek) in the vicinity of (city or town, etc.)
(Briefly describe the nature and severity of the flooding problem. Briefly describe
the known issues that might affect the acceptability of any recommended solutions,
from the perspective of local government and/or the public.)
We understand that we would be required to pay at least 35 percent of the total cost
of a project, with credit granted toward this amount for providing lands, easements
and rights-of-way, and that the minimum cash requirement from us would be 5
percent of the total project cost. Please contact (name, address, telephone) for
further information.
Sincerely,
SECTION 204
Authority for: ENVIRONMENTAL RESTORATION
PROJECTS IN CONNECTION WITH DREDGING
WHAT CAN THE CORPS DO? Section 204 of the Water Resources Development Act of
1992, provides authority for the Corps to restore, protect, and create aquatic and wetland
habitats in connection with construction or maintenance dredging of an authorized project.
The project costs are identified as those in excess of the least costly plan that accomplishes
the disposal of dredged material from a navigation project, consistent with sound
engineering practices and environmental standards. There is no per project limit on federal
expenditures, however there is an annual appropriation limit of $15 million nationwide.
Project costs are shared 75% federal, 25% non-federal. Costs of lands, easements, and
rights-of-way are non-federal and are creditable towards the 25% non-federal cost share.
The non-federal sponsor must assume responsibility for operation and maintenance of the
project upon completion.
The Corps does restoration projects in areas that affect water, such as rivers, lakes, and
wetlands. We evaluate projects that benefit the environment through restoring, improving,
or protecting aquatic habitat for plants, fish and wildlife.
After a State or local agency requests a potential project, the Corps will conduct a
preliminary study to determine if the problem may have a federal interest. If the Corps’
headquarters office approves this effort, a feasibility study begins at federal expense. In the
feasibility study the problem is defined, potential solutions are identified, the costs, benefits,
and environmental impacts of the alternatives are analyzed, and a plan is chosen. In
addition to the study, a draft project cooperation agreement (PCA) is drawn up by which the
federal government and the sponsor agree to share project costs.
WHAT ARE THE LOCAL RESPONSIBILITIES? Costs for Section 204 projects are
shared between the federal government (75%) and a non-federal sponsor (25%) in
accordance with the Water Resources Development Act of 1992. Sponsors include public
agencies such as cities, local improvement districts, and watershed groups, private interests
if no future operation and maintenance is required, and large national non-profit
organizations if they can commit to future operation and maintenance. The sponsor
areas not available from existing project.
cost 25 percent.
maintenance of the project, except damages due to fault or negligence of the United
• States or its contractors;
• Maintain and operate all the non-federal works after completion in accordance with
regulations prescribed by the Secretary of the Army.
District Engineer
New York, NY 10278
Dear Sir:
204 of the Water Resources Development Act of 1992 to determine the feasibility of an
aquatic ecosystem restoration project at (location).
(Briefly describe the nature of the aquatic ecosystem restoration and any issues that might
affect the acceptability of any recommended solutions, from the perspective of local
government and/or the public.)
It is understood that, if it is found feasible and advisable to develop an aquatic ecosystem

restoration project at (location), the (non-federal sponsor) would be required to provide the
local cooperation and cost sharing prescribed by the Secretary of the Army.
Sincerely,
SECTION 206
Authority for: AQUATIC ECOSYSTEM RESTORATION
WHAT CAN THE CORPS DO? Section 206 of the Water Resources Development Act of
1996, provides authority for the Corps to restore aquatic ecosystems. A project is accepted
for construction after a detailed investigation shows it is technically feasible,
environmentally acceptable, and provides cost effective environmental benefits. Each project
must be complete within itself, not a part of a larger project. The maximum federal
expenditure per project is $5 million, which includes both planning and construction costs.
Project costs are shared 65% federal, 35% non-federal. Costs of lands, easements, and
rights-of-way are non-federal and are creditable towards the 35% non-federal cost share.
Section 206 also allows credit for certain works in-kind, including design work, provision of
materials, and construction activities. Contributions, such as volunteer labor, can also be
accepted to reduce the overall project cost. The non-federal sponsor must assume
responsibility for operation and maintenance of the project upon completion.
The Corps does restoration projects in areas that affect water, such as rivers, lakes, and
wetlands. We evaluate projects that benefit the environment through restoring, improving,
or protecting aquatic habitat for plants, fish and wildlife.
After a State or local agency requests a potential project, the Corps will conduct a
addition to the study, a draft project cooperation agreement (PCA) is drawn up by which the
federal government and the sponsor agree to share project costs. No more than 2 years
should pass between the start of the study and the time the project is ready for construction.
Projects with an estimated federal cost of $1,000,000 or less may be expedited allowing for
a project to be completed in 18 months or less.
accordance with the Water Resources Development Act of 1996. Sponsors include public
agencies such as cities, local improvement districts, and watershed groups, private interests
if no future operation and maintenance is required, and large national non-profit
organizations if they can commit to future operation and maintenance. The sponsor
areas.
cost 35 percent.
or its contractors;
regulations prescribed by the Secretary of the Army;
District Engineer
New York, NY 10278
Dear Sir:
206 of the Water Resources Development Act of 1996 to determine the feasibility of an
aquatic ecosystem restoration project at (location).
(Briefly describe the nature of the aquatic ecosystem restoration and any issues that might
It is understood that, if it is found feasible and advisable to develop an aquatic ecosystem

Sincerely,
SECTION 1135
Authority for: PROJECT MODIFICATIONS TO
IMPROVE THE ENVIRONMENT
________________________________________________________________________
WHAT CAN THE CORPS DO? Section 1135 of the Water Resources Development Act
of 1986, as amended, provides the authority to modify existing Corps projects to restore the
environment and construct new projects to restore areas degraded by Corps projects. A
project is accepted for construction after a detailed investigation shows it is technically
feasible, environmentally acceptable, and provides cost effective environmental benefits.
Each project must be complete within itself, not a part of a larger project. The maximum
federal expenditure per project is $5 million, which includes both planning and construction
costs. Projects exceeding $5 million must be specifically authorized by Congress. Project
costs are shared 75% federal, 25% non-federal. Costs of lands, easements, and rights-of way
are non-federal and are creditable towards the 25% non-federal cost share. Section
1135 also allows credit for certain works in-kind, including design work, provision of
materials, and construction activities. Contributions, such as volunteer labor, can also be
accepted to reduce the overall project cost. The non-federal sponsor must assume
responsibility for operation and maintenance of the project upon completion.
The Corps does environmental restoration in areas that require modification to the
hydrologic regime, in other words, areas of water, such as rivers, lakes, and wetlands. We
evaluate projects that benefit the environment through restoring, improving, or protecting
habitat for plants, fish and wildlife.
After an eligible non-federal sponsor requests assistance, the Corps will conduct a
addition to the study, a project cooperation agreement (PCA) is drawn up by which the
federal government and the sponsor agree to share project costs. No more than 2 years
should pass between the start of the study and the time the project is ready for construction.
Projects with an estimated federal cost of $1,000,000 or less may be expedited allowing for
a project to be completed in 18 months or less.
accordance with the Water Resources Development Act of 1986, as amended. Sponsors
include public agencies such as cities, local improvement districts, and watershed groups,
private interests if no future operation and maintenance is required, and large national nonprofit
organizations if they can commit to future operation and maintenance. The non-federal
sponsor must have the legal and financial capability to fulfill the requirements of cost
sharing and local cooperation. The sponsor generally must agree to the following:
areas.
cost 25 percent.
or its contractors;
regulations prescribed by the Secretary of the Army.
District Engineer
New York, NY 10278
Dear Sir:
1135 of the Water Resources Development Act of 1986, as amended, to determine the
feasibility of an environmental restoration project at (location).
(Briefly describe the nature of the environmental restoration and any issues that might
It is understood that, if it is found feasible and advisable to develop an environmental

Sincerely,
CIVIL WORK PROCESS & RESPONSIBILITIES - TYPICAL CAP PROJECT
Planning Division
Planning Division Engineering Division Construction Division Operations Division
Reconnaissance Feasibility Engineering Plans Real Estate Acquisition Operation &

Phase Phase & Design & Specs Relocation Maintenance
Plans & Specs
Construction
PRP Feasibility
IAR Report
N Years N Years
3-6 months 1-2 years N years - project specific
(project specific) (project specific)
Execute Feasibility Project Cooperation

Cost Sharing Agreement (PCA)
Agreement (FCSA)
Attachment E – Aquatic Plant Control
USACE Authorities and Provisions
AUTHORITIES
Sec 104, 1958 RHA (PL 85-500), as amended

TITLE 33 > CHAPTER 12 > SUBCHAPTER IV > § 610
§ 610. Control of aquatic plant growths
(a) In general
There is hereby authorized a comprehensive program to provide for
control and progressive eradication of noxious aquatic plant growths from
the navigable waters, tributary streams, connecting channels, and other
allied waters of the United States, in the combined interest of navigation,
flood control, drainage, agriculture, fish and wildlife conservation, public
health, and related purposes, including continued research for
development of the most effective and economic control measures, to be
administered by the Chief of Engineers, under the direction of the
Secretary of the Army, in cooperation with other Federal and State
agencies. Local interests shall agree to hold and save the United States
free from claims that may occur from control operations and to participate
to the extent of 30 per centum of the cost of such operations. Costs for
research and planning undertaken pursuant to the authorities of this section
shall be borne fully by the Federal Government.
(b) Appropriations
There are authorized to be appropriated such amounts, not in excess of
$15,000,000 annually, as may be necessary to carry out the provisions of
this section. Any such funds employed for control operations shall be
allocated by the Chief of Engineers on a priority basis, based upon the
urgency and need of each area, and the availability of local funds.
(c) Support
In carrying out the program under this section, the Secretary is encouraged
to use contracts, cooperative agreements, and grants with colleges and
universities and other non-Federal entities.
WRDA 1986
Sec 103(c)(6):
SEC. 103. FLOOD CONTROL AND OTHER PURPOSES.

(c) Other Purposes.--The non-Federal share of the cost assigned to other
project purposes shall be as follows:
(6) aquatic plant control: 50 percent of control operations.
Sec 105:
SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND

DESIGN.
(a) Feasibility Studies.—
(1) The Secretary shall not initiate any feasibility study for a water
resources project after the date of enactment of this Act until
appropriate non-Federal interests agree, by contract, to contribute
50 percent of the cost for such study during the period of such
study. Not more than one-half of such non-Federal contribution
may be made by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the feasibility report.
(2) This subsection shall not apply to any water resources study
primarily designed for the purposes of navigational improvements
in the nature of dams, locks, and channels on the Nation's system
of inland waterways.
(b) Planning and Engineering.--The Secretary shall not initiate any
planning or engineering authorized by this Act for a water resources
project until appropriate non-Federal interests agree, by contract, to
contribute 50 percent of the cost of the planning and engineering during
the period of the planning and engineering.
(c) Design.--Costs of design of a water resources project shall be shared in
the same percentage as the purposes of such project.
Sec 941:
SEC. 941. AQUATIC PLANT CONTROL.

Section 104(b) of the River and Harbor Act of 1958 (33 U.S.C. 610(b)) is
amended by striking out "$10,000,000" and inserting in lieu thereof
"$12,000,000".
Sec 1203:
Sec. 1203.
(a) After the date of enactment of this Act, costs incurred in the
modification by the Secretary of dams and related facilities constructed or
operated by the Secretary, the cause of which results from new hydrologic
or seismic data or changes in state-of-the-art design or construction criteria
deemed necessary for safety purposes, shall be recovered in accordance
with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned to
project purposes in accordance with the cost allocation in effect for
the project at the time the work is initiated. Non-Federal interests
shall share the costs assigned to each purpose in accord with the
cost sharing in effect at the time of initial project construction:
Provided, That the Secretary of the Interior shall recover costs
assigned to irrigation in accordance with repayment provisions of
Public Law 98-404.
(2) Repayment under this subsection, with the exception of costs
assigned to irrigation, may be made, with interest, over a period of
not more than thirty years from the date of completion of the work.
The interest rate used shall be determined by the Secretary of the
Treasury, taking into consideration average market yields on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the applicable
reimbursable period during the month preceding the fiscal year in
which the costs are incurred, plus a premium of one-eighth of one
percentage point for transaction costs. To the extent that more than
one interest rate is determined pursuant to the preceding sentence,
the Secretary of the Treasury shall establish an interest rate at the
weighted average of the rates so determined.
(b) Nothing in this section affects the authority of the Secretary to perform
work pursuant to Public Law 84-99, as amended (33 U.S.C. 701n) or cost
sharing for such work.
WRDA 1996
Sec 225
SEC. 225. MELALEUCA.

Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) is
amended by inserting `melaleuca,' after `milfoil,'.
Sec 540
SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN,

PENNSYLVANIA, AND VIRGINIA AND NORTH CAROLINA.
The Secretary shall carry out under section 104 of the River and Harbor
Act of 1958 (33 U.S.C. 610)--
(1) a program to control aquatic plants in Lake St. Clair, Michigan;
(2) a program to control aquatic plants in the Schuylkill River,
Philadelphia, Pennsylvania; and
(3) a program to control aquatic plants in Lake Gaston, Virginia and
North Carolina.
WRDA 1999
Sec 205
SEC. 205. CONTROL OF AQUATIC PLANTS.

Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in the first sentence of subsection (a), by striking
``water-hyacinth, alligatorweed, Eurasian water milfoil,
melaleuca, and other obnoxious aquatic plant growths, from''
and inserting ``noxious aquatic plant growths from'';
(2) in the first sentence of subsection (b), by striking
``$12,000,000'' and inserting ``$15,000,000.''; and
(3) by adding at the end the following:
``(c) Support.--In carrying out the program under this
section, the Secretary is encouraged to use contracts,
cooperative agreements, and grants with colleges and
universities and other non-Federal entities.''.
PROVISIONS
General
¾ The Corps may cooperate with non-Federal agencies for control of noxious
aquatic plant growth from navigable water areas not under the jurisdiction of the
Corps of Engineers (reservoirs, channels, harbors) or other federal agencies.
¾ Program limited to $15,000,000.
¾ Initiation of aquatic plant control reconnaissance and feasibility studies must be

approved by ASA(CW).
Research
¾ This is the only Federally authorized research program for aquatic plant
management.
¾ The purpose is to provide effective, economical, and environmentally compatible

control techniques.
¾ Programmatic research is 100% Federal, site specific research with local benefits
is 50% Federal, 50% non-Federal.
Cost Share Control Actions
¾ Studies:
o Initial Appraisal Letter Report, 100% Federal.
o Reconnaissance, 100% Federal (requires ASA(CW) approval to initiate),
$15,000 maximum.
o Feasibility (50% Federal, 50% non- Federal). Includes NEPA document,
cooperative agreement, and management plan.
¾ Control Actions - 50% Federal, 50% non-Federal. Non-Federal agencies agree to

hold and save Federal government free from damages.

Lake Topanemus Trip Report FEB 2010 Final

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Lake Topanemus Trip Report FEB 2010 Final

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LAKE TOPANEMUS

FREEHOLD, NEW JERSEY

TRIP REPORT (MEMORANDUM FOR RECORD)

SUBJECT: Trip Report – Lake Topanemus

1. Background: Congressman Holt requested assistance from the US Army Corps of

3. Summary & Recommendation: Lake Topanemus’ environmental problems could be

a. Planning Assistance to States – Authorized by Section 22 of the Water

b. Continuing Authorities Program (CAP), Section 206 – Authorized by Section

It is recommended that a CAP 206 Project be pursued. However, USACE Headquarters

The 2009 guidelines referenced include,

SHEA.JASON.A.12 Digitally signed by SHEA.JASON.A.1228886340

Anthony Ammiano – Freehold Township Committee

Dr. Gene Golub – Freehold Township Committee

Tom Antus – Freehold Township Administrator

Pete Valesi – Assistant, Freehold Township Administrator

Neal Herstik – Lake Topanemus Commission

Ann Marie Howley – Representing NJ 12th District Legislators

Joe Bellina – Freehold Boro Administrator

Jay Sims – Freehold Boro Council

Kevin Kane – Freehold Boro Council

Leslie Potter – Congressman Holt’s Office

Jason Shea – US Army Corps of Engineers

Corps of Engineers Overview .................................................... 3

Division/District Boundaries (map) ...................................... 4

Flood Plain Management Services .......................................... 5

Planning Assistance to States ................................................. 9

Flood Plain Management Services

Civil Works Division and District Boundaries

Authority, Objective, and Scope

Flooding in Bound Brook, NJ., in 1999.

Flooding in Manville, NJ, 1999.

The program develops or interprets site-specific data on obstructions to

General Planning Assistance

• Flood Plain Delineation/Flood Hazard Evaluation Studies

Guides, Pamphlets, and Supporting Studies

How to Request Assistance

Agencies, governments, organizations, and individuals interested in flood-

US Army Corps of Engineers

Corps Flood Plain Management Services Program Coordinator.

[Add brief paragraph describing problem or need].

Property descriptions, [site plans, maps and/or photographs] are

Signature of Cooperating Agency or Individual

• Water Supply and Demand Studies

How to Request Assistance

US Army Corps of Engineers

Corps Planning Assistance to States Program Coordinator:

We would like to discuss the availability of information, required schedule, and

Signature of Cooperating Agency

NOW THEREFORE, the parties agree as follows:

For the Sponsor: For the Corps:

By: _____________________________ By: ________________________

Title:____________________________ Title: District Engineer

Date: ___________________________ Date:

• Contribute a minimum of 5 percent of the total project cost in cash;

Please contact (name, address, telephone) for further information.

Please contact (name, address, telephone) for further information.

Please contact (name, address, telephone) for further information.

• Contribute a minimum of 5 percent of the total project cost in cash;

Before construction, the local sponsor must agree to do the following:

It is understood that, if it is found feasible and advisable to develop an aquatic ecosystem

It is understood that, if it is found feasible and advisable to develop an aquatic ecosystem

It is understood that, if it is found feasible and advisable to develop an environmental

Planning Division Engineering Division Construction Division Operations Division

By: _____ By: