Background

Anderson County Economic Development has had an interest in developing along the shores of Lake Hartwell for more than 10 years. While prior attempts for development had failed, in 2018 Anderson County officials approached the U.S. Army Corps of Engineers (USACE) about possibility of recreational redevelopment of Asbury Park and Campground. This resulted in members of USACE meeting with members of the Anderson County Economic Development group, along with a local real estate developer at Asbury in 2018 and again in 2019.

Anderson County then issued a request for proposal (RFP 20-024) on October 31, 2019 for Commercial Development of Red Zone Areas on Lake Hartwell. The RFP indicated that Anderson County would request a lease agreement from USACE for the purpose of creating a sub-lease with a third-party developer to work with Anderson County. According to Anderson County administration, there was only one developer that submitted a proposal so Lake Hartwell Development Group, LLC (LHDG) was selected by the county to be the development partner with Anderson County. This selection took place in January of 2020. By doing so, Anderson County administration has given Lake Hartwell Development Group (LHDG) the first option to sublease all red zones that come available from the USACE. While the Corps has stated they do not intend to lease all 47 red zones at this time, the County has set themselves up for a single developer for any future red zones that come available, regardless of where or what that development might entail. Here is a link for a map of all red zones. Per the Corps, the undeveloped red areas are classified as “low density” and are intended to remain natural and undisturbed to maintain a balance with the developed recreation areas, like Asbury or Weldon Island.

Anderson County hosted a public meeting regarding Asbury Park in August of 2020. The public notice for this meeting stated the RFP was issued in April of 2019 and developer was selected in June of 2019. However, no RFP has been found on SCBO or local newspapers for these developments prior to October 31, 2019. Also, the only proposal shared by Anderson County has been the one submitted by LHDG on December 1, 2019. The public meeting notice referred to Asbury Park redevelopment multiple times but did not mention development of any other red zones or the possibility of any other red zones as stated in RFP 20-024. Per the Corps, they had not discussed any additional development of other recreation areas with Anderson or LHDG. The public meeting was held at Anderson Civic Center on August 27, 2020. Records from Anderson County show 56 citizens attended the meeting and another 5 or 6 presenters for a total of about 60-62 people in attendance. Multiple media sources reported on the proposed redevelopment of Asbury. Anderson County then proceeded to execute a 25 year lease with USACE on October 15, 2020. LHDG was granted an Access Agreement to Asbury on October 30, 2020 by Anderson County. With approval from the Corps, LHDG and Anderson County then hosted a ground breaking ceremony for Shores of Asbury on November 10, 2020, prior to an executed sublease. USACE attended and participated in the ceremony. Later that month, the first reading of ordinance 20-037 to approve sublease agreement between Anderson County and LHDG for Asbury was on the Anderson County Council agenda. Over the next few meetings, all three readings of ordinance 20-037 were approved and a 25 year sublease between Anderson County and LHDG was executed on December 15, 2020. Shores of Asbury was approved to begin, including RV resort, yurts, restaurant, cabins, wedding venue, multiple dock slips and a floating water park. Per media reports, both Anderson County and LHDG stated the project was to open in Spring 2021. The development was to be built in five phases, with phase one featuring a water park, bath house/restroom, some RV sites, some tiny houses/yurts and store/registration/office.

Around the same time of the Asbury public meeting, in July of 2020, USACE offers several developed parks and access areas (red zones) to area counties due to budget constraints. On October 6, 2020 a resolution (R2020-025) to authorize the County Administrator to negotiate and execute a long-term lease of River Forks and Weldon Island recreation areas was voted on by Anderson County council and approved to proceed. On February 1, 2021 a 10 year lease between USACE and Anderson County for both River Forks and Weldon Island Recreation areas was executed. As stated in the USACE press release 21-001, the USACE announced reduced park operations and current negotiations with local municipalities with the following lease actions confirmed:

• Payne’s Creek Recreation Area, to include campground, boat ramp, and multi-purpose trail, will be operated by Hart County, GA starting in 2021.
• River Forks Recreation Area and Weldon Island Day-Use Area, to include associated boat ramps, will be operated by Anderson County, SC starting in 2021.
• Twelve Mile Day-Use Area, to include associated boat ramp, will be operated by the City of Clemson, SC starting in 2021.
• Friendship Day-Use Area, to include associated boat ramp, will be operated by Oconee County, SC starting in 2021.

Potential developments:

On April 5, 2021 LHDG was granted an Access Agreement to River Forks Rec Area from Anderson County. In the April 2021 Update with the County, Rusty Burns, Anderson County Administrator stated issues with stormwater at Shores of Asbury construction and that another floating water park would be opening in May at River Forks. It was then discovered that Anderson County proposed ordinances 2021-027 and 2021-028 to sublease River Forks & Weldon Island recreation areas to LHDG for 10 years. These ordinances were pulled from the agenda on April 20th due to the overwhelming number of calls to county council members and high number of attendees that showed up at the Anderson County council meeting that night to ask questions about these subleases.

On April 27, 2021 Aaron Wahus (USACE), Rusty Burns (AC Administrator) and Burriss Nelson (AC Director of Economic Development) attended an LHA Board meeting. Mr. Wahus explained the budgetary constraints for releasing five parks around the lake. He gave an update that each will be open for summer of 2021 and operated by the respective cities and counties. Anderson County was the only lease with intentions to sublease the parks to a third-party developer. Mr. Burns and Mr. Nelson explained the process they went through to meet the USACE requirements for Shores of Asbury and that their plans for River Forks were to sublease the two parks and operate them as is. Anderson County presented a 45 page document of the proposed developments and fielded questions regarding lease details and potential traffic and safety concerns (both water and land).

A few River Forks residents met with Rusty Burns on May 3, 2021 to discuss River Forks development. Residents were presented with a 23 page document, very similar to pages given to LHA (4/27), with differing dates for the RFP and selection. About twenty-five River Forks residents met with Burriss Nelson and LHDG President, Karen Alayne McCullough, on May 7, 2021 at River Forks Rec area to hear details of the plans for River Forks water park. Many questions were met with responses that Ms. McCullough would get back to the residents with specific details, studies and reports for the park. None of which have been received by Ms. McCullough as of this time.

On May 20, 2021 Council Chairman, Tommy Dunn then hosted a public meeting regarding River Forks. The principal speakers were Sandy Campbell (USACE) and Burriss Nelson (AC Director of Economic Development). About 200 concerned citizens attended the almost four-hour meeting at Center Rock Fire Station. Some information gained at the meeting:

• LDHG is in the process of converting Asbury Park to the Shores of Asbury. During the process, USACE forestry team oversaw and managed a contract for many trees to be removed from the site prior to construction. Per the Corps, many of these trees had to be removed due to beetle infestation for the safety of future campers.
• LHDG then began construction, including removal of stumps of the many trees that had been removed. While it’s understandable that stumps needed to be removed prior to construction, it was questioned whether LHDG had the proper permits or silt fence when this grading and earth moving began. Anderson County stated the erosion control was in place but had failed and had since been corrected. When asked if proper NPDES permits were attained before construction commenced, both LHDG and Anderson County answered yes, today. USACE stated they contacted Anderson County right away when they saw the system had failed and the county halted construction until the proper permits were in place. No penalties were associated with this issue.
• USACE explained that red zone development of public recreation sites is not regulated by the rules and regulations of the Shoreline Management Plan (SMP) that adjacent private property owners must adhere to. The SMP governs the privileges that adjacent private property owners may be authorized by permit to have or maintain on public land. These privileges/activities are limited in scope to minimize the impact to the resource since it authorizes private exclusive use of public land and only benefits the adjacent property owner. Red zone shoreline is for niche developments and have more liberal rules. There was not a clear explanation at this meeting as to how the USACE determined the rules and regulations defining the boundaries for LDHG’s operations.
• USACE explained that “temporary” meant that the inflatable water park was not a permanent structure and could be removed at the end of each season. The inflatable water feature would not require any construction or land-based disturbance and was considered a seasonal feature that was temporary in nature.
• Anderson County revealed that LHDG had two inflatable water parks sitting in storage. The water park was not intended to be temporary at River Forks until Shores of Asbury opened, but was another water park for the county to be temporary for each season.
• No plans or presentation materials were shown by Anderson County. The County stated that they and LHDG planned for 24-hr manned presence at the park for security and safety but no plans were provided to the attendees. The County stated they had no backup plans for operating the leased park, subleasing to LHDG was their only choice. There was no overall project plan from LHDG or Anderson County that addressed questions regarding traffic management, noise management, contract compliance, safety, environment and other implications that could result from possible increased attendance at the park.
• When attendees mentioned concerns of LHDG cleaning up an area of River Forks that was shown on a map for additional parking, the Corps said they would have considered and approved the creation of additional parking if needed to support public recreation at this site.
• The Corps had no concerns for restroom capacity when asked. Since the water park attendees would be replacing most of the routine use at the closest restroom, there were no anticipated issues with the carrying capacity of the septic system. Pumping of the septic tanks is a normal expected expense to maintain the system. The attendees shared concerns with the potential of additional capacity placed on the restrooms if additional parking was added.
• Other questions were often unanswered, answered spontaneously and, at times, with conflicting information from each organization (USACE, Anderson County, or LHDG). For example, Is the county to receive 3% of gross receipts, gross profit, net profit or other measure? Is the water park admission $13/hour or $30/2 hours? Is there a 3-hour time limit in the park or no time limit? Is the park to stay as is or are there plans to add parking or other development? Are the current restrooms/septic capable of the increased traffic into the park or do they pose a problem with 115+ water park attendees? What will the number of park attendees be, same as prior Corps numbers or new projections from LHDG?

Majority of attendees at the public meeting were concerned & opposed to proceeding on any sublease with LHDG and their plans for another water park or any other development. Although all presenters stated that River Forks could only be used as currently operated day use and boat ramp under the proposed sublease, it was clear that LHDG/Anderson County could submit an application to USACE to change use of River Forks at any point during the lease. Being LHDG was not willing to put in writing that the use of the park would not change from day use only, it seems possible they may have other future plans for development at River Forks. Per the Corps, If the County were to submit a development request for River Forks or any other red zone, the request would undergo the full review process at the Corps. Also, per the Corps, this process took over 3 years for the Shores of Asbury.

Over the next couple months, many citizens urged the county council members and USACE to hold off on any further subleases with LHDG. Most likely, there were also citizens of Anderson that contacted their council members in support of another water park to open in 2021. LHA would like for the residents of Anderson County to enjoy many recreational activities on Lake Hartwell. However, after reviewing leases, permits, proposals, plans, and many documents regarding these developments, there were too many discrepancies found in the sublease procedures involving the Lake Hartwell Development Group, Anderson County and also in the permitting procedures for these projects. Many of the claims presented by Anderson County at the public meeting were found to be misleading or unanswered, especially with no presentation materials shown for the management of River Forks. LHA’s main concern is to ensure everything related to the recreation areas and shoreline of the Lake are maintained at a high standard. LHA’s position is for no future subleases be given to LHDG for River forks or other red zones until they have proven themselves at Asbury by ensuring a well maintained and well-run facility in accordance with all lease requirements. USACE has since stated to LHA that once the County and LHDG have demonstrated success at Shores of Asbury, they would be open to discussions about any other development plans they may have at other locations.

Current status:

Since the public meeting at Center Rock, the Corps has provided some additional information. They stated the County requested to install the inflatable water park at River Forks for the 2021 summer recreation season since the Shores of Asbury was not opened as planned. The Corps only discussed/considered the River Forks proposal for the inflatable installation discussed/considered with the county.

Since the initial USACE news release 21-001 the Corps stated that USACE had leased parks to Anderson County as the primary lease holder who intended to sublease the maintenance and operation to the LHDG under a USACE approved sublease. They also stated the 5 recreation areas were not to be operated by, but instead leased to counties and municipalities. We will continue to research the information we are given and follow-up on all activity that may affect the quality and safety of Lake Hartwell. To date, no other ordinances to sublease any red zones in Anderson County have been seen on council agendas. The following are updates from USACE and Anderson County:

• Shores of Asbury is under construction. They continue to work towards completion. There is no specific date for Asbury to open. The County has not requested any changes to the approved development plan. Anderson County states that Asbury is inspected on a weekly basis including random inspections by SCDHEC. USACE states that Asbury is inspected on a bi-weekly basis. They have silt barriers in place that are containing any silt. Currently, none of the buildings have been completed. The boat ramp is still under construction. There is no scheduled date for the exterior boat ramp to be open.
• River Forks & Weldon Island – Will continue to be operated as they are for the foreseeable future. The day use areas at River Forks remains closed. The County has not taken any action on the subleases that USACE provided them for River Forks and Weldon Island.
• No other development projects are being discussed or have been proposed on Hartwell Lake.
• We do not plan to lease any additional parks or access areas around the lake nor do we plan to close any areas other than regular seasonal closings of parks.
• Green Pond landing continues to operate as it has in the past.

Although counties, marina owners and developers operating red zones are said to be required to follow all USACE rules and regulations, the written documentation of shoreline rules for red zones is still being determined and reviewed by LHA. It is unlike the detailed Shoreline Management Plan that adjacent private (green & yellow zone) properties are required to follow. Per the USACE, Corps Recreation Development Policy for Outgranted Corps Land is the nation policy that governs any proposed development to the public land for public recreation. This policy, along with the actual lease and approved development plan dictate what can or cannot be constructed on public land to benefit all citizens. This policy may allow many activities and facilities that are not afforded to the adjacent property owners private exclusive use under the SMP. Some of these specific documents have yet to be received by LHA. Until all these documents are received and reviewed, the plan is unclear and has developments like Shores of Asbury in new territory that can set precedents for future developments. Developers like LHDG have the potential to irreparably change Asbury, River Forks, Weldon Island and other communities forever. As stewards of the lake, we take the responsibility to monitor these activities very important. Not just for Anderson County but all counties affected by Lake Hartwell.

Call to Action:

Join the LHA Board of Directors or one of its committees to assist in the monitoring of these developments. If you hear of any new commercial developments on the shores of Lake Hartwell (any county), please let us know so we can follow the progress.

For a copy of any above leases, subleases or development proposal, please send a request to the LHA.

Share your concerns on shoreline developments, please contact:
USACE HARTWELL
706.856-0300 – SAS.CESAS-OP-H@usace.army.mil

ANDERSON COUNTY COUNCIL
Dist 1 Hon. John Wright Jr. 864.224.3503 – johnjr@mccoywright.com
Dist 2 Hon. Glen Davis, 864.965.8734 – gadavis@andersoncountysc.org
Dist 3 Hon. Ray Graham, 864.844.1163 – ray.graham0709@gmail.com
Dist 4 Hon. Brett Sanders, 864.934.7053 – bsanders@andersoncountysc.org
Dist 5 Hon. Tommy Dunn, 864.844.3765 – district5@andersoncountysc.org
Dist 6 Hon. Jimmy Davis, 864.508.4788 – jdavis@andersoncountysc.org
Dist 7 Hon. Cindy Wilson, 864.261.3980 – district7@andersoncountysc.org

ANDERSON COUNTY ADMINISTRATION
Rusty Burns, Administrator 864.260.4031 – rburns@andersoncountysc.org
Burriss Nelson, ED Director 864.260.4386 – bnelson@andersoncountysc.org