CAP Section 1135

 Well, this is awkward.  You chose an authority that is unlikely to do what you need, is likely to be kicked out, will not compete well, and could conceivably get you in trouble.  

Section 1135 is to fix environmental problems initiated by the construction of federal projects.  So if a federal action has unintended ecological consequences, we can use this authority to address those consequences.

But here, the Federal project is a levee.

The levee has been overtopped, but serves the function.  And it is not the cause of the scour.  Or any other environmental problems in the area.  

So it seems an odd choice. 

Maybe return and try again?

Engineer and Planner - Site Visit and Database Upload

 You grab your favorite planner and your lead engineer and head out to the site.  The idea is to have a rapid iteration on site, just seeing if you can go through all of the planning steps quickly to vet the project.  And with there only being three of you (wait - are you the planner?  Aren't you going to invite the PM?), it should be good enough to go and visit the site and get a quick overview, identify some solutions, and bring it back for funding request.

The background information you have gotten since the first iteration is a mess. 

It took you fifteen steps, and five straight up denials, but eventually the plans for the Grade Control Structure were found.  TDOT had told you they didn't have any record of building the structure, but that any records they might have had were destroyed in a flood.  Eventually, the railroad provided you with the plans.  They were from Tennessee Department of Transportation.

Shelby County secured a HUD grant to address resiliency along Big Creek, but there are restrictions on combining funding streams from the Federal Government.  (Open discussion to follow about the wording in WRDA 22).

 

The whole thing is enough to make you start drinking.  But you persist, and finally get the MVD CAP Manager on the phone. 

Finally.

And he says, "Why don't we discuss this at the upcoming CAP Summit?  You want to host it this year?"

Walk with an Archaeologist

You show up at Big Creek with your archaeologist.  It was clearly a brilliant decision, since archaeologists are used to field work, and are always jumping at the chance to get out of the office.  They might even be able to get a car unstuck, if the mud from recent rains claims you.  Also, who knows authorities better than an archaeologist?  Between Crorey, John Peukert, Trent Stockton, Jim Wojtala, and Mike Renacker, there are more than enough examples of people who have started as archaeologists and become specialists in policy.   

Or, at least, lay claim to the title.  

After an unending car ride (was it only just 25 minutes?!) you exit the car and realize what a mistake this was.  The pile of dirt adjacent to Big Creek has pottery washing out of the scour.  There is clear evidence of previous occupation, and the cultural resource guy is not going to be able to let it go.

Fifteen years later, you are still talking about the next phase of the project.  

Maybe you should have chosen the team member who had solutions, rather than the one who was looking for problems.  Go back.

Introduction to Big Creek

You hear a sound IN THE HOUSE WITH YOU.

    If you choose to run out the front door, turn to page 23.

    If you go to the kitchen to investigate, turn to page 28.

Was there ever anything better than those books?  I loved them.  In the Choose-Your-Own-Adventure books, you chose a path, and got to find out what the consequence of your choice was.  It was almost a delicious precursor to the choices in role-playing games, and their early computer counterparts.

What follows is my own version of the Choose Your Own Adventure story, as one of our CAP projects fights its way through the process of getting the first steps completed for the project - with the goal of getting the project funded.

So the entries that follow essentially comprise a CYOA book.  Each decision point for the process will be a separate brief blog entry, to that show how your previous decision turned out.  In the process, you will see what we have worked out in the process. And if you manage to get a Letter of Intent and get the project funded, then you have won.

And if not, a back button will give you another chance. Let's get started:

**This is a very real fictional account of the interaction between the district CAP manager and a problem of a local community.  The problems mirror those of problems around the nation, and the conflict of how to help is more real than ever.***

You get a call from Shelby County, about the City of Millington, and they have a problem.  Big Creek - a stream immediately adjacent to the town - has a scour hole that has increased in size over the years.  There was a flood event in 2010 that caused $300M in damages, including to a Naval base.  There is a flood control levee See red text in picture below) adjacent to the scour hole that is threatened.  The levee was constructed by the Corps (OURS!) and is maintained by the City of Millington (O&M is THEIRS!)

Just at the eastern margin of the scour hole is the railroad bridge, and it is being threatened by the erosion.  

(Questions for consideration - is rail a public entity?  Or is it private?  Is it infrastructure we can protect?)

Right there at the railroad is a grade control structure that was installed under the CN Railroad. It is unraveling.  And doing so quickly.  Additional flood events will accelerate the process and increase the risk to the rail, to the residents, and to the federal investments of the levee.   

It is not clear who built the grade control structure - thankfully it is not one of ours, although if it were, we would have a mandate to address it.

Our big problem is authority here, complicated by the local sponsors and stakeholders. 

The City of Millington has the responsibility.

Shelby County has the responsibility.

The Railroad has the responsibility.

The flood protection levee is ours, and we hold some responsibility there.

Finally, there is a Highway, just upstream of the scour, where the Tennessee Department of Transportation has placed a highway and bridge, both of which are impeding the stream during high water events, as well. 

You get a call from the City, and they leave a voice mail, asking you to help address a water resource problem in your area.  Do you:

Pick up the phone and call them back?

Or, 

Go to the movies, and leave it for Monday.

CAP 206

 What?

Why in the world would you choose this authority?  It makes no sense.  You are trying to address erosion and flood risk issues, and you undertake the ecosystem part of the project?  

What kind of idiot are you?

But okay, if you say so.

But now what?  How do you turn this into an effective proposal for funding in the most competitive of our CAP authorities?  

Unless.... unless the erosion problem is the symptom and the ecosystem challenges are the root.  

The evaluation of the ecosystem benefits may work to address some of the other issues as well.  

Anyway, you have what you need.  Let's pull together some coordination funding and go out and see for ourselves.  

No Can Do Attitude

Sir, we have looked at the existing authorities, and there is just no way to make it work.

You type out the words, preparing the script to find the right words to soften the blow.  There are all of the right combinations here - there is infrastructure to protect, there are economic benefits to be gained, as evidenced by repeated flooding in the area, and  there are even possible life safety issues at stake. There are previous federal investments that can be addressed through resilient features.   There are ecosystem issues that need to be addressed.  If you were to look for the perfect project for the Corps to undertake, this would be the one.  

And you have run out of coordination funds, and the MSC lead is being a jerk and refusing to issue you more.  

This is a project that needs to be addressed systematically and with great care.  

And you have not succeeded in getting the project started. Your insomnia increases and you stare at the ceiling, wondering what you could have done to serve the people.  Maybe you would have been better as a bulldozer driver, just like your uncle said.  Or maybe a prison guard.

As a last resort, you decide to write up the results and ask a panel of participants at the annual (well, kind of annual) CAP workshop for brainstorming help.  

How do you proceed?

No, I'm really asking.  How do you proceed?

Office of Counsel - Make the Call

 "John Minor Wisdom, Office of Counsel."

"Um."

So starts your discussion with Office of Counsel.  You are off to a good start.  Ultimately**, you are turned back to planning - this is a policy decision, rather than a legal one - on whether the program is eligible for a combination of old and new projects.  BUT!

But there is a concern from your OC teammate about considering railroad companies as public infrastructure.  They serve a critical function, transport commodities and the public, but are NOT considered public infrastructure, and are not subject to protection from the CAP 14 program.  It doesn't rule out the use of Section 14, but might make it harder to capture the benefits.

So you didn't get any closer for having requested the help.  But at least you know that you are not worrying about a failed project resulting from not having a solid authority nailed down.  

Remind me again - why is there a set of scales here?  

So you go to the Regional Planning Chief for additional help, who asks why you didn't read the guidance for CAP.

"Wait, what?"

You open up your dog-eared copy of EP1105-2-58, turning to the pertinent page on Section 14 studies.  And sure enough, 

Well, crap.

Not only do you not have an authority you can use, you also managed to look like an idiot in front of the planning chief. Not quite an RGE (Resume Generating Event), but it is not a good look.  

Note to self, you can never go wrong with consulting the guidance first.  

Welp, I guess it is back to the Authorities Page.  

**For the record, this advice does not come from OC - I am just providing narrative.  For real answers, please consult your district office of counsel.