County to Consider New Noise Rules, Asking Corps to Fix Clemson Dam

Greg Wilson/Anderson Observer

Anderson County Council will consider tax incentives for a proposed $100 million battery energy storage facility and stricter noise limits for nonresidential properties when it meets Tuesday.

Both proposals are scheduled for first reading as part of the regular meeting at 6:30 p.m. Nov. 17 at the Historic Courthouse downtown.

The council will also hold final votes and public hearings on three ordinances: zoning for the Green Pond Station A precinct, vested property rights and new restrictions on camping and conduct at public boat landings. Resolutions on the agenda would endorse a countywide trail network and urge faster federal repairs at the Clemson Saddle Dike, where a safety problem has kept Lake Hartwell below its normal level.

Two ordinances concern a company identified only as Project Patriot, which the agreement describes as a North Carolina limited liability company. One would authorize a fee-in-lieu-of-tax and special source credit agreement. The other would add the project to the industrial park Anderson and Greenville counties have shared since 2010. Economic Development Director Burriss Nelson is scheduled to present both.

The draft agreement calls for at least $100 million in investment over five years and at least one full-time job. It sets a 30-year term with a 6 percent assessment ratio and a fixed millage rate of 363.25 mills.

Special source credits would bring the company's yearly payments down to a flat amount based on the facility's output. That amount is $4,500 per megawatt of AC power, or $5,500 if the company misses its investment and job requirements, and it cannot be less than $450,000 a year.

The company would also make up to $680,000 in milestone payments to the county: $20,000 by Jan. 15, 2027; $35,000 within 30 days of signing a contract awarded through Duke Energy's 2026 battery procurement process in South Carolina; $75,000 within 30 days of signing a large generator interconnection agreement; $100,000 within 30 days after battery storage cabinets are delivered to the site, which marks the start of construction; $450,000 by Jan. 15, 2032, if no regular fee payment has come due by then.

The agreement also includes requirements for decommissioning the facility.

A related resolution would approve an inducement agreement for Project Patriot ordinances and resolution were pulled from the council's Nov. 3 agenda.

Councilwoman Cindy Wilson is sponsoring an ordinance to lower the continuous noise allowed from nonresidential properties.

A marked-up copy of the county code in the meeting packet shows the following changes, measured in A-weighted decibels:

At nonresidential lot lines, daytime limits would fall from 74 to 65 and nighttime limits from 69 to 60.

At residential lot lines, daytime limits would fall from 70 to 65 and nighttime limits from 65 to 60.

Daytime is 7 a.m. to 10 p.m. The changes would also eliminate a 10-decibel daytime allowance for brief, nonrepetitive sounds and for short, impulsive sounds such as explosions.

The proposal is subject to the pending ordinance doctrine. Construction noise between 7 a.m. and 10 p.m. and emergency warning devices would remain exempt.

Ordinances on third reading include:

Green Pond Station A zoning, which would allow the adopting a zoning map for the precinct after a referendum there Nov. 3. The Planning Commission recommended approval 6-0 on Oct. 13. On Nov. 2, the council voted 5-0 to change about 64 acres, on four parcels, from the recommended industrial zoning to residential agricultural.

Also on third reading, is an ordinance to put the state Vested Rights Act into county code. Under it, landowners with an approved site-specific development plan could proceed for two years and would be eligible for at least five one-year extensions.

Council will also give final vote on a proposal related to camping and boat landings. The ordinance would ban camping on public property and on private property without the owner's written consent, with exceptions for approved campgrounds and trailer parks. It also lists activities banned at public boat landings and allows watercraft or vehicles left more than 48 hours to be removed at the owner's expense. Violations would be misdemeanors carrying fines of up to $500 and up to 30 days in jail.

The council approved the vested rights and camping measures unanimously on second reading Nov. 3.

Also on Tuesday, Councilman Greg Elgin asks the U.S. Army Corps of Engineers to make repairs to the Clemson Lower Diversion Dam Saddle Dike a create a priority to secure funding for them.

According to the resolution, the corps found worsening seepage and internal erosion at the dike. It cut Lake Hartwell's normal summer level from 660 feet to a year-round target of 656 feet, and the restriction could last five to 10 years or more. The resolution also asks the corps for regular public updates on costs and timelines.

A separate resolution would endorse the TAP Trail as a countywide name and network for trails, greenways, blueways and parks. It states that the endorsement carries no financial or legal obligation for the county.

Full Agenda Packet Here

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