Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene and Competing Applications (Swan Lake North Pumped Storage Project) & National Inventory of Dams

National Inventory of Dams (NID)

Congress first authorized the U.S. Army Corps of Engineers to inventory dams in the United States with the National Dam Inspection Act (Public Law 92-367) of 1972. The NID was first published in 1975, with a few updates as resources permitted over the next ten years. The Water Resources Development Act of 1986 (P.L. 99-662) authorized the Corps to maintain and periodically publish an updated NID, with re-authorization and a dedicated funding source provided under the Water Resources Development Act of 1996 (P.L. 104-3). The Corps also began close collaboration with the Federal Emergency Management Agency (FEMA) and state regulatory offices to obtain more accurate and complete information. The National Dam Safety and Security Act of 2002 (P.L. 107-310) reauthorized the National Dam Safety Program and included the maintenance and update of the NID by the Corps of Engineers. The most recent Dam Safety Act of 2006 reauthorized the maintenance and update of the NID.

The NID consists of dams meeting at least one of the following criteria; 1) High hazard classification -- loss of one human life is likely if the dam fails, 2) Significant hazard classification -- possible loss of human life and likely significant property or environmental destruction, 3) Equal or exceed 25 feet in height and exceed 15 acre-feet in storage, 4) Equal or exceed 50 acre-feet storage and exceed 6 feet in height.

The goal of the NID is to include all dams in the U.S. that meet these criteria, yet in reality, is limited to information that can be gathered and properly interpreted with the given funding. The Inventory initially consisted of approximately 45,000 dams, which were gathered from extensive record searches and some feature extraction from aerial imagery. Since continued and methodical updates have been conducted, data collection has been focused on the most reliable data sources, which are the various federal and state government dam construction and regulation offices. In most cases, dams within the NID criteria are regulated (construction permit, inspection, and/or enforcement) by federal or state agencies, who have basic information on the dams within their jurisdiction. Therein lies the biggest challenge, and most of the effort to maintain the NID; periodic collection of dam characteristics from 49 states (Alabama currently has no dam safety legislation or formal dam safety program), Puerto Rico, and 18 federal offices. Database management software is used by most state agencies to compile and export update information for the NID. With source agencies using such software, the Corps of Engineers receives data that can be parsed and has the proper NID codes. The Corps can then resolve duplicative and conflicting data from the 68 data sources, which helps obtain the more complete, accurate, and updated NID.

The 2007 NID is the current version of the database and contains information about 82,642 dams. There are more than 50 fields of data (see Table) including dam name, height, type, purpose of dam, year of construction, last inspection date, hazard potential classification and owner. There are also calculated fields based on the data provided by the states and federal agencies, such as NID height, NID storage and source agency. The database is updated every two years and the field, Submit_date, shows the date the data was submitted to the Corps. With this new database, the Corps has restricted public access to three fields of data: hazard potential classification, nearest downstream city and distance to nearest downstream city. These three fields of data are only available to government users. Public users can request this information from the dam regulatory agency.

National Inventory of Dams Content Table
Dam Name Maximum Storage (Acre-Feet)
Other Dam Name(s) Normal Storage (Acre-Feet)
Dam Former Name Surface Area (Acres)
State or Federal Agency ID Drainage Area (Square Miles)
NID ID Downstream Hazard Potential
Longitude Emergency Action Plan
Latitude Inspection Date
Section, Township, Range Location Inspection Frequency
County State Regulated Dam
River or Stream State Regulatory Agency
Nearest City/Town Spillway Type
Distance to Nearest Downstream City/Town (Miles) Spillway Width
Owner Name Outlet Gates
Owner Type Volume of Dam (Cubic Yards)
Dam Designer Number of Locks
Non-Federal Dam on Federal Property Length of Locks (Feet)
Dam Type Lock Width
Core Federal Agency Involvement in Funding
Foundation Federal Agency Involvement in Design
Purposes Federal Agency Involvement in Construction
Year Completed Federal Agency Involvement in Regulatory
Year Modified Federal Agency Involvement in Inspection
Dam Length (Feet) Federal Agency Involvement in Operation
Dam Height (Feet) Federal Agency Involvement in Operation
Structural Height (Feet) Federal Agency Owner
Hydraulic Height (Feet) Federal Agency Involvement - Other
Maximum Discharge (Cubic Feet Per Second)

The database is only available on the internet and cannot be downloaded by users outside of the government (federal, state or local). There is a new NID web site, d.usahttp://nice.army.mil or https://nid.usace.army.mil. The previous NID site www.tec.army.mil/nid will be redirected to this new site by the end of November; this site uses older data, 2005 NID. Any user can access the site and see charts by state such as number of dams by owner type or hazard potential classification. There are also national charts and maps showing the dams as dots for each state as well as a national map. To query the database, users must apply for a username and password. Government users will be able to see the restricted fields (hazard, city and distance to city) and download the data by state or specific query results. All government users are required to sign a non-disclosure agreement (included at the end of this report) that prohibits them from sharing the data outside their agency.

The Corps recently requested updated inventory data and received information from 49 states and 13 federal offices. At this time, the Corps is working with these agencies to resolve any data issues. A new 2009 NID will be on the internet next year and will contain new fields of information including a condition assessment. This field will be restricted to government users.

If there are any questions about the National Inventory of Dams, please direct them to the NID Program Manager, Rebecca Ragon at Rebecca.ragon@usace.army.mil.

The 2007 NID Non-Disclosure Agreement is as follows.

1. These provisions govern the use and distribution of the National Inventory of Dams (NID) information maintained by the U.S. Army Corps of Engineers (USACE) provided to a government (federal, state or local) agency Requester who requests internet access to the NID.

2. Definitions - For purposes of these provisions:

a. The terms "Non-Disclosure Agreement" and "NDA" mean this agreement by which requesters certify their understanding that access to the NID is provided pursuant to the terms and restrictions of these provisions, and those such requesters have read the provisions and agree to be bound by them.

b. The term "Recipient" means someone who receives NID data in accordance with the provisions of this Non-Disclosure Agreement.

c. The term "government agency Requester" means someone who requests access to the NID as an employee of a Federal, State or Local government.

3. A government agency Requester shall not be permitted to gain access or view the NID unless the government agency Requester has first agreed to the Government Agency Non-Disclosure Agreement.

4. Any information provided under this agreement is on loan to the Government agency, and must be returned to USACE upon request. This information is not the property of the government agency and is not subject to any Freedom of Information/Public Records acts or similar statutes. The Recipient agrees to notify the USACE NID Manager immediately upon receipt of a request for the information provided under this agreement.

5. A Recipient may only discuss the NID government-restricted fields with other government agencies that have agreed to this NID Non-Disclosure Agreement. The Recipient may check with the NID Manager to determine whether another individual or government agency has previously agreed to this NDA.

6. All NID information shall be maintained by Recipient in a secure place. The Recipient may only share public NID information on a dam by dam basis. The Recipient shall coordinate with the NID Manager before placing any NID information on the internet for public and/or government access. If Recipient receives request for NID information from outside Recipient’s government agency, please direct the request to the NID Manager and NID web site.

7. Recipients must destroy/remove or delete NID data within fifteen days of an email request by the NID Manager to do so. Within such time period, each Recipient, if requested to do so, shall also submit to the NID Manager a statement saying that, to the best of its knowledge, all NID data has been destroyed or removed from the Recipient agency’s computers.

8. The Recipient remains bound by these provisions unless the NID Manager or USACE rescinds the provisions.

9. The USACE may audit the Recipient’s compliance with this non-disclosure agreement.

10. Violation of this non-disclosure agreement may result in criminal or civil sanctions against the Recipient.

11. I hereby certify my understanding that access to National Inventory of Dams (NID) is provided to me pursuant to the terms and restrictions of the above government agency NID provisions, that I have been given a copy of and have read the government agency NID provisions, and that I agree to be bound by them. I understand that the contents of the NID government-restricted fields may only be disclosed within my government agency. I may only share public NID information on a dam by dam basis. I acknowledge that a violation of this agreement may result in negative consequences, including criminal or civil sanctions.

http://www.labond.com/Dams/Working%20Documents/081107%20NIDReport.doc

**Bureau of Land Management Oregon News Releases:

http://www.usbr.gov/newsroom/newsrelease/state.cfm?state=14

*Federal Energy Regulatory Commission (FERC) News Releases:

http://www.ferc.gov/news/news-releases.asp

***Symbiotics LLC "A New Generation of Hydropower"

Investors

Symbiotics LLC (Symbiotics) was founded under the business model that there are existing hydroelectric facilities and sites that can be retrofitted to produce a significant amount of electrical energy at prices competitive with alternate sources and with minimal environmental impact.

Symbiotics is a joint venture between Ecosystems Research Institute1 and Northwest Power Services2. The principals involved in this relationship bring over 20 years experience in selecting, permitting, construction and operation of hydroelectric facilities throughout the western United States.

Symbiotics has completed FERC permit applications for a large number of projects that have been evaluated in our proprietary pre-feasibility study and are considered to be economically feasible for development.

At Symbiotics we value both energy independence and environmental stewardship. Since 2001 we have been developing low-impact hydroelectric projects to meet the growing demand for renewable energy while preserving a healthy environment.

Included in our project portfolio is the building of new pumped-storage facilities as well as the retrofitting of existing dams that currently have no hydroelectric facilities. Combining the proven efficiency of clean hydropower with emerging technologies and a new environmental ethic, we envision a second generation of hydropower for melding in an economically efficient and environmentally correct manner the old with the new.

Hydroelectric power represents the most efficient form of renewable energy resource. It is a proven technology with turbine efficiencies steadily increasing with design improvements. To select cost-effective hydro power sources, several factors were taken into consideration and their supporting tasks undertaken. Implementation of the initial task (Permit Application) involved the selection of 280 hydroelectric sites that would have minimal environmental concerns for permitting and project construction costs. Overall project implementation time schedules were also factors weighing in the site selection process.

The sites that were selected for further investigation and feasibility study used the following basic criteria:

1. Sites which had FERC (Federal Energy Regulatory Commission) permits at one time but were not built because of a poor or no power sales contract
2. Sites with existing dams (the majority of the environmental impacts have already occurred at these sites)
3. Federal facilities (dams built by the Bureau of Reclamation or the Corps of Engineers), thus assuring quality design and construction of those existing facilities.

Symbiotics has undertaken an exhaustive search for projects that fit the above criteria. In the selection of existing dam sites, additional criteria were added to the selection process. These criteria selected federal dams that had the highest hydraulic head and hydrology to support flow regimes and thus the potential power at a site.

Symbiotics has, from 2001 to 2004, filed 280 Preliminary Permit applications on the best sites, maintaining the first priority date (permittee has exclusive rights to develop the project for a period of three years) on 28 projects. There are three other sites that are pending. Currently, permitted sites represent a combined capacity of 1,341 MW and an estimated annual generation of 244 gWh. Pending sites account for a potential annual generation of an additional 16.8 gWh (81 MW).

Methodology of Database Development and Project Selection

To reach the goal of operating fifteen (15) newly built hydroelectric facilities with an annual generation of at least 380 gWh, Symbiotics LLC implemented a strategy that matched the observed behavior of the hydroelectric development industry. Observation showed that from the initial filing of a permit to the end of construction there was only a ten percent success rate. To implement our business plan we needed to manage this project mortality rate, which was done utilizing the following procedure.

Potential sites were selected which had high unutilized hydroelectric potential. It was estimated that approximately 250 to 300 sites where some data existed would need to be evaluated to determine site capacity and annual generation. These values would allow the initial approximation of annual revenue and capital investment.

Because the intent was to streamline the permitting process and reduce project mortalities due to environmental reasons, we only select sites on existing reservoirs where no hydroelectric facilities were installed. An added benefit of this approach was that building on existing structures minimizes environmental concerns and represents a renewable resource, and is therefore eligible for renewable credits (green tags).

To start the development of the database from which to select possible sites, the National Inventory of Dams (NID) dataset for the United States was obtained. This database had information on over 30,000 dams. It should be noted that the NID is no longer available due to heightened (post 9/11) security concerns. A second database was acquired from a $23M study conducted by the U.S. Department of Energy through the Idaho National Engineering Laboratory (1983).

This study examined the feasibility of hydroelectric power at a large number of sites with and without dams. The final two databases (which are also no longer available) documented facilities built by the U.S. Bureau of Reclamation and the U.S. Army Corps of Engineers. These separate databases were combined into one and the best sites were selected based upon capacity, annual generation, and low environmental sensitivity.

Sites were systematically selected which appeared to have hydroelectric power potential and which would be cost effective.

To that end, Symbiotics LLC submitted to the FERC over 280 applications for preliminary permits.

This effort consisted of more applications than have ever been submitted to the FERC by any one entity.

Contact Us

As a development company with extensive licensing capabilities, we welcome contacts from qualified investors. Our preferred channel is to contact:

Kim Johnson, Executive Vice President of Investor Relations kim.johnson@symbioticsenergy.com or 816-728-3533

1Ecosystems Research Institute (ERI) is a multi-disciplinary environmental consulting firm with personnel qualified to address all aspects of the aquatic and terrestrial environment. The ERI staff and associates include aquatics ecologists, wetland specialists, terrestrial ecologists, fisheries and wildlife biologists, environmental engineers, soil scientists, data analysts, and water quality laboratory personnel.

ERI has a broad range of experience with environmental monitoring, mitigation design and implementation, natural resource management, and regulatory compliance. In addition, since its inception in 1981, ERI has been involved in a wide variety of important environmental projects in ecologically sensitive areas. ERI has been a member of a number of joint venture teams and all ERI personnel are experienced in working with other team members with complementary expertise.

2Founded in 1993, Northwest Power Services, Inc. (NPSI) specializes in project management, construction supervision and project operation for hydroelectric generating facilities. The company has chosen to limit direct staff to principle management personnel in the aforementioned areas. Support staff is obtained from major engineering/construction firms as required.