Bulloch County Commissioners have voted to approve a Memorandum of Understanding for a Well Mitigation Program between Bulloch and Bryan counties.
Bulloch County Commissioners announced a meeting slated for Tuesday evening around 4:15 p.m. on Monday, June 24. The agenda for the special-called meeting included two items: a well mitigation program and water & sewer service provided by Bulloch County to Bryan County.
The two items were voted on by commissioners and then the public was allowed to offer their opinions.
Memorandum of Understanding for a Well Mitigation Program between Bulloch County and Bryan County
From the county commission agenda packet:
This MOU enables Bulloch and Bryan County to establish a well mitigation program to establish a framework and a plan that meets the requirements of the Georgia Environmental Protection Division. No Amendment is requested at this time. Outside funding will be budgeted when the framework and plan is in place.
What does the Well Mitigation Program entail?
The MOU is based on the promise of Bulloch and Bryan counties to contribute ‘toward the total funding required for the initial water and sewer infrastructure necessary to support large scale development at the I-16 Mega-Site’ and the anticipated development in the regional area based on the agreement signed in 2022.’
It also relies on the four well permit applications submitted to EPD on August 15, 2023 for groundwater use and the special conditions returned by EPD in January 2024. Those special conditions include:
- a joint fund managed by Bryan and Bulloch counties that is funded by contributions to address ‘any potential unreasonable impacts’ on residential or agricultural wells proximately caused by the construction and use of the four wells they seek to have permitted. They must be in the 5-mile radius of I-16 and the Highway 119 interchange.
- the requirement of an independent investigation which indicates ‘an unreasonable impact’ to an existing water well caused by a draw on the Floridian Acquifer thanks to the use of the four wells as used by the Bryan County I-16 Mega Site and ‘associated industrial, commercial, and residential growth.’
The money from the fund will be required to be used for mitigation efforts for those impacted so long as there is ‘appropriate documentation to substantiate the loss and the costs to remedy such loss.
Remediation options include:
- resetting the water pump deeper, OR
- ‘other proposed solutions mutually acceptable to GA EPD and the Parties,’ meaning Bulloch and Bryan counties.
In summary, the MOU for the Well Mitigation Program entails:
- Justification because both Bulloch and Bryan counties received ARPA funds from the federal government, which are allowed to be used for water and sewer infrastructure
- Justification because Bryan County is designated as a ‘yellow zone’ and Bulloch County is a designated as a ‘green zone’ for groundwater use by the Georgia Environmental Protection Division
- Acknowledgement that ‘unreasonable impacts could occur to some domestic or agricultural wells due to the proposed four municipal wells within the portions of North Bryan County and Southeast Bulloch County.’
- Definition of ‘agricultural wells’ as those that provide water for producers of commodities including agriculture, horticulture, floricultural, silviculture, livestock and livestock products, poultry and poultry products, fish, and seafood
Plan & Framework
The plan and framework portion for the Well Mitigation Program does not yet exist and ‘criteria for eligible applicants’ remains is still to be determined. The agreement would require Bulloch and Bryan counties to:
- conduct a feasibility analysis
- structure the program
- Provide public outreach and education
- Outline eligible mitigation services
- define criteria for eligible applicants
- Structure fiscal management of the fund
- Design how the program will be implemented and monitored
- Conduct annual reviews and generate reports
Other Parameters of the Program
- Three individuals from each county will serve on the advisory committee for the program.
- Allows Bulloch and Bryan counties to seek third-party assistance to manage this program
- Allows Bulloch and Bryan counties to seek ‘monetary contributions and assistance to the fund,’ which can include contributions from Hyundai, other industries, local tax dollars, state coffers, and federal funds.
- The program will remain in place for 25 years or until the Mega Site finds another supplemental or primary source for water, whichever comes first.
View the MOU for a Well Mitigation Program (also at the bottom of this article)
Discussion by Commissioners
Vote by Commissioners
Intergovernmental Agreement between Bulloch County and Bryan County to Provide Water and Sewer Services
Read the 26 page water and sewer agreement here.
Discussion by Commissioners
Vote by Commissioners
Public Comment
Ogeechee Riverkeeper commentary ahead of the meeting:
The Bulloch County Board of Commissioners announced a special meeting to approve two memoranda of understanding (MOUs) with only about 24 hours notice. The MOUs are regarding the well impact mitigation plan, and the intergovernmental agreement for water supply and sewer treatment in the area.
According to the agenda, these votes will be taking place before the public is able to comment during the meeting. Ogeechee Riverkeeper (ORK) is concerned about the hasty decisions being made about water resources in this region. ORK encourages all residents in the area to attend the meeting.