[From the U.S. Government Printing Office, www.gpo.gov]










                                                                                                        GEORGIA
                                                                                                        COASTAL
                                                                                                        MANAGEMENT
                                                                                                        PROGRAM


                                                                                                        DRAFT
                                                                                                        DOCUMENT


                                                                                                        November
                                                                                                        1996


                      State of Georgia                                                                                                             DEPT. OF
                                                                                                                                                   NAT RAL
                      Denartment of Natural Resources                                                                                              RESOURCES
                                      nservation Way
                       HT
                       393             ick, Georgia 31523                                                                                            GEORGIA
                       .G4
                       G4               64-7218
                        1996







                                             Georgia De artment of Natural Resources
                                                                  One Conservation Way, Brunswick, Georgia 31523-8600
                                                                                             Unice C. Barrett, Commissioner
                                                                                                     Duane Harris, Director
                                                                                                 Coastal Resources Division
                                                                                                         912/264-7218
                                                                                                   FAX 912/262-3143




              MIEMORANDUM


              TO:             Georgia Citizens


              FROM:           Duane Harris


              DATE:           November 1, 1996


              SUBJECT:        Georgia Coastal Management Program

                      I am pleased to present the November, 1996, draft document describing the Georgia Coastal
              Management Program. The effort to create this program began in 1992, at the direction of Governor
              Zell Miller. For the past four years, the public has been an integral part of the Program's
              development. The draft document was first made available for public review last fall. Based on
              public input and legal review, the document has been revised to reflect the following.

                      State Agency Network -- The Program will be implemented as a network of multiple
                      agencies, with DNR functioning as the coordinating agency for coastal issues. There
                      will be no concurrent review in the permitting process, and the DNR will not serve
                      as an "oversight" agency. Rather, State agencies will continue to carry out their
                      designated responsibilities as described under existing State law. The Coastal
                      Resources Division will host monthly meetings to provide opportunity for
                      interagency coordination. The State Attorney General's office will settle disputes, as
                      provided under existing State administrative procedures.

                      Policies vs. Enhancement Guidelines -- Because the Coastal Management Program
                      is based directly on existing authority, this revised document directly cites the State
                      laws that encompass the Program's policies. These laws address many of the policy
                      goals of the Coastal Advisory Committee (CAC) and Task Forces. Program
                      recommendations developed by these groups are listed as "Enhancement Guidelines"
                      and used as prioritizing criteria for pass-through grants. The CAC continues to be
                      a valuable resource for the Georgia Coastal Management Program to help establish
                      funding and program priorities.

                      This implementation strategy capitalizes on Georgia's existing environmental ethic. It
              provides the flexibility to develop proactive solutions to coastal management issues through better
              communication, improved resource allocation, and funding of projects that address the Program's
              policy goals.









                       Reviewers of the previous document should be aware that this document has been revised
               to reflect the above changes. In addition, edits have been made to improve wording and readability.
               The critical sections of the document are Chapters One, Four, and Five.

                       Chapter One: Overview -- revised slightly to reflect the changes in program
                       implementation.

                       Chapter Two: Georgia's Coast -- unchanged except for minor edits.

                       Chapter Three: Goals and Objectives -- unchanged, except for placement in the
                       document.


                       Chapter Four. Boundary and Organization -- revised to reflect the current
                       implementation proposal, and reorganized to include the coastal area boundary, the
                       implementation strategy, local government coordination, public participation, and
                       federal government coordination.

                       Chapter Five: Policies and Management Authority -- revised to directly cite existing
                       State law.


                       Chapter Six: Uses Subject to Management -- revised to directly cite State law as
                       applicable policies, and reorganized to consolidate the categories of coastal resource
                       use previously described throughout the document.

                       Chapter Seven: Special Management Areas -- revised to directly cite State law as
                       applicable policies, and reorganized to consolidate the categories of coastal areas
                       previously described throughout the document.

                       Chapter Eight: Federal Consistency -- revised to reflect that issuance of a State
                       permit constitutes the State's consistency concurrence, and has been reorganized as
                       a chapter within the Program document.

                       Appendix One: Enhancement Guidelines -- contains all the recommendations made
                       by the Coastal Advisory Committee Task Forces, and explains how these
                       recommendations will serve as guidelines for pass-through funding.

                       Appendix Two: Glossary -- defines applicable terms used in the document, and is
                       mostly unchanged from the previous draft.

                       Appendix Three: List of Participants -- lists some of the many people instrumental
                       in creating the Georgia Coastal Management Program.

                       Appendix Four. Reading List -- provides a list of publications to refer to for
                       additional information.









                       In order to implement the Georgia Coastal Management Program, enabling legislation is
               required to establish the necessary authorities. A Joint House/Senate Coastal Management Study
               Committee has been appointed to study the issue of whether Georgia should proceed with seeking
               a federally-approved coastal management program. This Committee has requested public input on
               the draft document before they make their recommendation to the General Assembly December 1,
               1996. They would also like to continue to be apprised of public opinions in the months between now
               and the 1997 legislative session.

                       At the Study Committee's request, this document is available for public comment from
               Friday, November 1, 1996 to Monday, January 6, 1997. In addition, public hearings are
               scheduled for 7:00 p.m., the evenings of Wednesday, November 6 at the Marine Extension Service
               Office on Bay Street in Brunswick, and Wednesday, November 13 at the Holiday Inn on Hwy. 17
               in Richmond Hill. Individuals, organizations, or businesses wishing to provide input before the
               Study Committee makes their decision should respond to the DNR by Wednesday, November 15.
               If the Study Committee recommends proceeding, comments received between November 15 and
               January 6 will be forwarded to the Committee for their use during the legislative session. If the
               enabling legislation is proposed in the 1997 legislative session, the public will continue to participate
               following normal legislative procedures.

                       A federally-approved Coastal Management Program would bring many benefits to the State
               of Georgia and her citizens. Funding, technical assistance, and federal consistency review would
               help make Georgia better able to protect her valuable coastal resources for the benefit of all present
               and future generations.



               Distribution Sites of the Georgia Coastal Management Program Document:

                       The Georgia Coastal Management Program Document is available at various copy centers,
               public libraries, regional development centers, and city halls throughout the eleven-county coastal
               area. In addition, the Program Document is available at several sites in Atlanta and Athens. Contact
               the Georgia Coastal Management Program office for the location of the nearest distribution site. If
               there is no convenient site near you, other arTangements will be made to provide access to the
               document.



               Addressfor Public Comments:

                       Georgia Coastal Management Program                                       Phone: 912/264-7218
                       Attn: Kathryn Zagzebski, Program Manager                                   Fax: 912/262-3143
                       Department of Natural Resources
                       One Conservation Way
                       Brunswick, GA 31523-8600                                 E-mail: [email protected]

               Comments may be mailed, faxed, or sent electronically via the Internet. The deadline for public
               comments is Monday, January 6, 1997. (If you wish the Study Committee to receive your
               comments before their December 1 decision, please submit your comments by November 15.)









                                                 TABLE OF CONTENTS



               Chapter One: Overview of the Georgia Coastal Management Program         ................. .     1 -
                      The Coastal Management Network       ....................................... .           3-
                              The Coastal Area   ............................................... .             3-
                              Network Participants   ............................................ .            5-
                              Coastal Management Policies    ..................................... .           6-
                              Simplifying Government    ......................................... .            6-
                              Public Participation ............................................. .             7-
                      Coastal Management Issues    ............................................. .             8-
                      Implementing the Georgia Coastal Management Program         ..................... .      8-
                              Activities Performed Directly by the Coastal Resources Division    ......... .   9-
                              Activities Implemented Through the Coastal Management Network        ...... .   10-
                      The Federal Coastal Zone Management Program        ........................... .        11 -

               Chapter Two: Georgia's Coast   ................................................ .              13-
                      Introduction  ........................................................ .                15-
                      History  ............................................................ .                 15-
                      Natural Environment and Climate     ....................................... .           18-
                      Coastal Economy    .................................................... .               20-
                      Population Characteristics  ............................................. .             23-
                      Coastal Land Use   .................................................... .               24-


               Chapter Three: Goals and Objectives    .......................................... .            27-
                      Mission Statement    ................................................... .              29-
                      Program Goals    ...................................................... .               29-
                      Resource Goals    ..................................................... .               32-


               Chapter Four: Boundary and Organization     ...................................... .           35-
                      Coastal Area Boundary     ............................................... .             37-
                              Seaward Boundary    ............................................. .             37-
                              Interstate Boundary  ............................................ .             37-
                              Inland Boundary   ............................................... .             37-
                              Areas Excluded from the Boundary    ................................ .          39-
                      Program Implementation     .............................................. .             41-
                              State Legal Authorities and Networking    ............................ .        41-
                              Project Evaluation Procedures of State Authorities  .................... .      54-
                              Enforcement and Compliance of State Legal Authorities     ............... .     72-
                              Water and Air Quality Standards   .................................. .          72-
                              Program Amendment Procedures       ................................. .          73-
                      Local Government Coordination     ........................................ .            74-
                              Recognition of Local Governments    ................................ .          74-
                              Local Goverrunent Involvement     .................................. .          74-
                              Local Level Program Implementation     .............................. .         76-
                      Public Participation  .................................................. .              78-










                      Federal Coordination   ................................................. .              81-


              Chapter Five: Policies and Management Authority      ................................ .         83-
                      Georgia Coastal Management Program Policies       ............................ .        85-
                              Introduction  .................................................. .              85-
                              Policy Statements and General Description    .......................... .       86-
                      Other Management Authorities     ........................................ .             117-
                      Table of Management Authorities     ...................................... .            121-
                      State Programs   ..................................................... .                133-
                      State Agencies, Authorities, and Commissions     ............................ .         135-
                      Federal Authorities .................................................. .                138-
                      Federal Programs   .................................................... .               145-

              Chapter Six: Uses Subject to Management      ..................................... .            147-
                      Consideration of the National Interest  ................................... .           149-
                              Introduction  ................................................. .               149-
                              Management for Facilities and Resources in the National Interest    ....... .   150-
                      Activities of Regional Benefit  ......................................... .             153-
                      Activities Subject to Management    ...................................... .            155-
                              Development and Manufacturing      ................................. .          157-
                              Transportation Facilities  ....................................... .            163-
                              Agriculture and Silviculture ..................................... .            168-
                              Recreation and Tourism    ........................................ .            173-
                              Marine Related Facilities  ....................................... .            179-
                              Fisheries, Aquaculture, and Wildlife  .............................. .          182-
                              Public Services and Facilities  ................................... .           190-
                              Dredging  .................................................... .                196-
                      Energy Facility Planning   ............................................. .              198-
                              Energy Facilities in Georgia  ..................................... .           198-
                              Projected Energy Supply and Demand      ............................. .         203-
                              Energy Planning, Applicable Laws, and Regulations      ................. .      204-
                              Public Involvement in the Energy Planning Process     .................. .      206-
                              Policies ..................................................... .                207-
                              Description  .................................................. .               207-

              Chapter Seven: Special Management Areas        .................................... .           209-
                      Areas of Particular Concern   ........................................... .             212-
                      Areas of Preservation and Restoration   ................................... .           213-
                              Heritage Trust Program Lands    ................................... .           214-
                              State Wildlife Management Areas     ................................ .          214-
                              State Parks and Historic Sites  ................................... .           215-
                              Jekyll Island ................................................. .               216-
                              Sapelo Island National Estuarine Research Reserve     .................. .      216-
                      Areas of Special Concern   ............................................. .              218-
                              Areas of Historic, Archaeological, Cultural, and Paleoentological Significance
                                       ..................................................... .                219-










                              Barrier Islands  ............................................... .              220-
                              Marsh Hammocks       ............................................ .             221-
                              Aquifer Management and Protection      .............................. .         222-
                              Economic Development Areas      ................................... .           224-
                              Public Access and Open Space      .................................. .          225-
                              Freshwater Wetlands     .......................................... .            227-
                              Navigational Channels    ......................................... .            228-
                              Beaches, Dunes, and Sand-Sharing System      ......................... .        229-
                              Rivers and Adjacent Wetlands    ................................... .           230-
                              Shorebird Nesting Areas    ....................................... .            232-
                              Ocean Management      ........................................... .             233-
                      Shorefront Access and Protection Planning    ........    ...................... .       235-
                              Georgia's Barrier Islands  ....................................... .            235-
                              Access to Non-Beach Shorefront and Marsh Areas       ................... .      240-
                              Planning for Beach and Shorefront Access     ......................... .        240-
                              The Role of Georgia's Coastal Management Program        ................. .     241-
                      Shoreline Erosion and Hazard Mitigation Planning       ........................ .       244-

               Chapter Eight: Federal Consistency   ........................................... .             247-
                      Federal Consistency Procedures     ....................................... .            250-
                              Direct Federal Activities and Development Projects    .................. .      251-
                              Federal License or Permit Activities   .............................. .         254-
                              Outer Continental Shelf Permits or Licenses    ........................ .       256-
                              Federal Financial Assistance Activities  ............................ .         257-
                      Appeals and Conflict Resolution Procedures      ............................. .         259-
                              Appeals for State Permits  ....................................... .            259-
                              Secretarial Mediation of Disputes   ................................. .         259-
                              Informal Negotiation of Disputes    ................................ .          259-
                              Appeals to the Secretary of Commerce     ............................ .         260-
                      List of Federal Actions Subject to Federal Consistency    ..................... .       261-
                              Direct Federal Activities and Development Projects    .................. .      261-
                              Federal Licenses or Permits Subject to Consistency    .................. .      262-
                              Federal Assistance Programs    .................................... .           264-

              Appendix One: Enhancement Guidelines         ...................................... .           269-
                      Introduction and Procedure    ........................................... .             271-
                      Public Policy Recommendations      ....................................... .            273-
                              Fish & Wildlife Task Force    ..................................... .           273-
                              Agriculture & Silviculture Task Force   ............................. .         275-
                              Public Service Facilities Task Force   .............................. .         276-
                              Marine Related Facilities Task Force    ............................. .         280-
                              Transportation Task Force    ...................................... .           283-
                              Areas of Special Concern Task Force     ............................. .         285-
                              Manufacturing Task Force     ...................................... .           292-
                              Residential, Commercial, and Industrial Development Task Force        ...... .  294-
                              Tourism and Recreation Task Force      .............................. .         297-









           Appendix Two: Glossary ................................................... .   301-

           Appendix Three: List of Participants .......................................... .317-

           Appendix Four: List of References ........................................... .325-












0

              CHAPTER ONE:
.*            OVERVIEW OF THE GEORGIA
              COASTAL MANAGEMENT PROGRAM





0






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     q7@-











              DRAFT November 1996                                                    OVER VIEW OF THE GCMP




                                                    M-
                                                       ission Statement
                 It is the mission of the @@Georgia Coastal.ManagementPragram @.to ba)ance,'::.,.-%
                 economic development #7,@Geor                                   h                         dra,
                                                       gJa @s coastal zone Witf-preservation:of nat
                 eni,-ironmental, historic, archaeological, and recreational resources for:the!@
                 benefit of Georgia's present and tuture,generalions..."





                                                         SECTION I:
                                 THE COASTAL MANAGEMENT NETWORK

0                     The Georgia Coastal Management Program addresses the economic development concerns
              and natural resource issues identified by the citizens of Georgia. Administered by the Coastal
              Resources Division of the Georgia Department of Natural Resources, the Management Program is
              a network of local, State, and federal agencies addressing coastal issues. By establishing this
              network, there is more coordination among agencies, better service provided to the taxpayers, and
0             improved management of coastal resources.



                                                      A. The Coastal Area


0                     The influence of the ocean on Georgia's coastal plain extends approximately 60 miles inland.
              Georgia's eight-foot tidal range pushes seawater up the coastal rivers twice daily. This salty tidal
              water influences the plants, fish, and ecology of the coastal rivers and, consequently, human activity.
              The coastal area is important economically for a number of industries, including shrimping,
              crabbing, recreational fishing, tourism, and manufacturing.
0
                      For effective coastal management, the Georgia Coastal Management Program encompasses
              all tidally-influenced water bodies and all areas economically tied to coastal resources. Georgia's
              coastal area therefore includes the following eleven counties: Effingham, Chatham, Bryan, Liberty,
              Long, McIntosh, Wayne, Glynn, Brantley, Charlton, and Camden. Including each of these eleven
0             counties in the Management Program ensures that all of Georgia's coastal population, industry, and
              resources are addressed. Using county boundaries also simplifies the relationship with local
              governments and ensures that other programs and agencies in the coastal network can relate to the
              coastal area boundaries.


0


                                                                -3-











                             CHAPTER ONE                                                                                                                           DRAFTNovember 1996



                                                                          FIGURELh Map of the Georgia Coastal Area



                                            calmosm,                    FMOM                   TWA"


                                      Walker                         camw
                                                                                               whift
                                                                                     LUW*wn                     Q
                                    charl-Sa          Gordon        Mckem        Damn                   @mks Franklin "&A                                   Georgia
                                                                                               Hall                                                             Coastal
                                          Floyd        Barlow       Ok.                        I     fackwo Madison             Must                               Zone
                                           Falk     ftuwb*       Cobb                            Barrow barks,        Oxkthumpe
                                         Haralson                             DeKidb           Walton                              wilkes      Lincoln

                                                                                          men,,on      @rsims        Gas m Talidem                  ColumWO
                                             Carroll            '"'ton     I                                                        Warren
                                                                   favem         Ham
                                                        CwAeb
                                                                          spawn          oft     J.'.       ftft.          Hancock
                                               Tmop                      Pike    Larmf   Monroe       )ones       Bakiwin       Washinpon     leffessm           Burlm,
                                                                           Upson
                                                                                                  Ow               Maki"=
                                                    Harris        Talbol              Crawford             Twisp                       Johnson       Ernanuel
                                                                                             Peach
                                                                            Tavlor
                                                                                                 Houston Slacklev                         Treude"            Candler
                                                       chatta- hu-
                                                       hoochee
                                                                                                        pwadd
                                                                                             DO*                      Dodge        Wheeler
                                                     Slewad         t
                                                                              sumfier                                                                          Tama
                                                                                               Crbp        Wilcox            Telfair                                                  "0
                                                                     Teruel                                                           fell DAvis     Applisig              N-TIS,
                                                        a-dOlph                                                      Den Hill
                                                                                                     Turner

                                                                                                                   Invin           coffee
                                                   Clay      Calhoun       Domo-ty
                                                                                             worth         rift

                                                                                                                    Be in       Addrummus
                                                                                                                                                 woe
                                                                                               C**"
                                                                                                             CAO&


                                                                                                                                      coach
                                                               Decdor                    Thomas
                                                                              Graft                    Brooks
                                                                                                                  Lownd"
                                                                                                                                Echok




                                                                                                  ISO

                                                                    miles



                                                                                                                        -4-











              DRAFT November 1996                                                    OVER VIEW OF THE GCMP



                                                   B. Network Participants

                      Local governments create local comprehensive plans, establish zoning rules and regulations,
              and set overall land use guidelines. Local governments are also active in promoting the benefits of
              living, working, and visiting in the coastal area. The importance of local governments in planning
              and setting the pace of development is paramount. The Coastal Resources Division's role in the
              Georgia Coastal Management Program is to assist local governments by providing technical
              assistance and expertise in addressing planning and coastal issues, and by administering pass-through
              gants.



                      State agencies in Georgia implement a wide range of programs managing coastal resources
              and development. Groundwater withdrawals, energy facility regulation, regional planning, and port
              development are just a few activities administered at the State level. With so many programs and
              agencies working separately, sometimes management efforts are not coordinated or are contradictory.
              These problems are confusing to the public and do not effectively manage our resources. The
              Georgia Coastal Management Program establishes a network among State agencies to provide better
              and more consistent service to the public, increase coordination and communication, provide
              assistance in project planning, and increase monitoring and enforcement.

                      Through the State network and formal agreements called "Memoranda of Agreement," the
              Coastal Resources Division ensures that State agencies work together and coordinate their
              management programs. This increased coordination helps applicants during the project planning
              process and the permit application process. The Coastal Resources Division acts as a liaison
              between private individuals and the other State agencies to* help identify the necessary permits
              required for a project, provide consultation about potential project limitations, and suggest possible
              alternatives.



                      Federal agencies conduct many projects and activities in Georgia's coastal area. The federal
              government also owns land, such as military bases, that are managed by federal agencies. These
              agencies administer federal laws and programs such as national defense, endangered species
              protection, the dredging of navigational channels, and setting shipping safety standards. Usually,
              federal projects and activities are exempt from State laws and regulations. With a federally-approved
              Coastal Management Program, however, federal law allows the Coastal Resources Division to
              review federal activities for consistency with State laws. Through increased cooperation and this
              consistency review, federal-State coordination ensures that the State has input into federal activities
              in the coastal area.





                                                               -5-












                     CHAPTER ONE                                                                                 DRAFT November 1996



                                                              C. Coastal Management Policies

                              The policies of the Georgia Coastal Management Program are contained in existing State
                     laws, rules, and regulations. The implementation of the policies is accomplished through a network
                     of local, State and federal agencies. The Coastal Resources Division has direct authority for
                     programs that regulate activities in marsh areas, beach areas, and tidal water bottoms.

                     Coastal management policies are categorized to address the following issues:


                                                                                  
                                         
                                  Marine Related Facilities  Transportation Facilities
Fisheries and Wildlife	Public Involvement
Areas of Special Concern	Recreation and Tourism
Public Service Facilities 	Energy Facilities
Agriculture and Silviculture	Shoreline Erosion Control
Special Management Areas	Historic Resources
Development and Manufacturing




                              Issues   identified by the general public through nine                      task   forces generated over 350
                     recommendations. These recommendations provide the basis for identifying existing management
                     authorities applicable in the coastal area. These recommendations are included verbatim in the
                     Management Program as Enhancement Guidelines and are considered in funding criteria for pass-
                     through grants. (see Appendix One.)



                                                                 D. Simplifying Government

                              One of the main goals of the Georgia Coastal Management Program is to simplify the
                     bureaucratic process and to serve the public more efficiently. During the development of the
                     Program, a review of the various programs and requirements was completed. Many possibilities for
                     improving service were identified. The simplifications listed below have already been implemented.
                     Others are dependent upon the implementation of an approved Coastal Management Program.

                              Revocable License: This license is issued for private use of State-owned tidal water bottoms;
                     all of these licenses are issued for projects in the coastal area. This license is often issued in
                     conjunction with a Marsh Permit or Shore Permit, which are evaluated by Coastal Resources
                     Division of the Department of Natural Resources. The Revocable License was formerly


                                                                                   -6-
 










              DRAFT November 1996                                                   OVER VIEW OF THE GCMP



              administered in Atlanta, far from the coast, while the staff at the Coastal Resources Division
              reviewed similar information for Marsh and Shore permits in Brunswick. Through the coastal
              management evaluation process, staff discovered the Revocable License could more effectively and
              efficiently be administered at the Coastal Resources Division, eliminating this duplication of effort.

                      State Programmatic General Permit for Recreational Docks: The Army Corps of Engineers,
              together with local building officials, is authorized to issue general permits for construction of
              recreational docks in the coastal area. This process requires paperwork and review very similar to
              the process for Marsh Permits and the Revocable License. Since this is a duplication of effort and
              paperwork, a permit issued by the Army Corps of Engineers to the Coastal Resources Division
              allows the Division to issue this State Programmatic General Permit, thereby removing the Corps
              from the process and reducing the regulatory burden on the public.

                      Technical Assistance Initiative: The Coastal Management Program provides guidance to
              local governments, property owners, and developers during the project planning stages to clarify
              what the regulations are, what permits may be needed, who the agency contacts are, and to provide
              advice on project alternatives to minimize impacts. The goal of this initiative is to create a central
              source of information on coastal management issues and regulations, and to simplify the permit
              process.



                                                    E. Public Participation

                      Public participation in the development and implementation of coastal management is critical
              to its success. Throughout the development of the Georgia Coastal Management Program, public
              comments were accepted and public meetings were held to seek input from the citizens of Georgia.
              The Coastal Resources Division has an active public education and outreach program to educate the
              public on coastal issues and events. The Division has utilized an appointed citizen's advisory
              committee, open task forces, and public meetings to solicit public comment. Additionally, a periodic
              newsletter, speeches and presentations, and printed materials have been developed to educate the
              public on coastal issues.












                                                               -7-












                  CHAPTER ONE                                                                         DRAFTNovember 1996



                                                                  SECTION 11:
                                               COASTAL MANAGEMENT ISSUES


                          Georgia has a beautiful coastal area with extensive marshes and attractive beaches.
                  Economic growth has been healthy and Georgia's coast is considered an ideal place to live, work,
                  and visit. Coastal Georgia's popularity, however, affects its resources and, potentially, the quality
                  of life on the coast. Activities in the coastal area are not all mutually compatible. Conflicts and
                  resource limitations are already affecting coastal communities. Coastal issues need to be addressed
                  through a comprehensive management program that considers all aspects of coastal resource use.
                  Issues important to Georgia's coast that have been addressed in the Georgia Coastal Management
                  Program are listed below:



                                                                                                                                ........... .....-
                                                                                        
Water Supply Limitations
Declining Fishery Growth
Impacts to Endangered Species
Dredging and Spoil Disposal 
Beach Erosion and Hazard Problems
Lack of Beach Access
Water Quality Degradation
Need for Energy Planning

                                                                                      

                                                                                                                           .. . .. ......



                          As Georgia grows in population, these issues become more pressing. The Georgia Coastal
                  Management Program is designed to provide a comprehensive management framework for
                  addressing coastal issues by bringing together relevant private parties, agencies, and the public.
                  Many of these issues are interrelated and are, therefore, more logically managed by a comprehensive
                  program. Since a number of different people and programs manage the various coastal resources and
                  sites, they must communicate and understand each other's objectives. The Coastal Management
                  Program network establishes this communication among interested parties and provides a forum to
                  resolve conflicts of use.




                                                                SECTION III:
                                                         IMPLEMENTING THE
                                  GEORGIA COASTAL MANAGEMENT PROGRAM


                          The Georgia Coastal Management Program is a networked program implemented by the
                  Department of Natural Resources Coastal Resources Division and other State agencies with
                  management authority in the coastal area. As lead agency for the Coastal Management Program, the


                                                                         -8-
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              DRAFT November 1996                                                    OVER VIEW OF THE GCMP



              Coastal Resources Division conducts several functions including resource management, ecological
              monitoring, permitting, technical assistance, and federal consistency review. Local, State, and
              federal agencies perform their respective functions in accordance with the Georgia Coastal
              Management Program and coordinated with the Coastal Resources Division. Research institutions
              and other organizations assist in information gathering and analysis of coastal resource issues.


                            A. Activities Performed Directly by the Coastal Resources Division

                      Resource Management: The Coastal Resources Division manages marine resources by
              conducting research and surveys, monitoring saltwater fish stocks, enhancing marine access,
              constructing inshore artificial reefs, and educating coastal residents on fisheries issues. Research and
              monitoring activities focus on spotted sea trout and red drum. Enhancing marine access includes
              construction of fixed and floating docks at existing boat ramp sites, maintenance of existing boat
              ramps, and conversion of existing shoreside structures into public piers. Staff are actively involved
              in marine education with field demonstrations and presentations to school groups, civic groups, and
              conservation associations.


                      Ecological Monitoring: The Coastal Resources Division monitors coastal water quality and
              implements the National Shellfish Sanitation Program for the State of Georgia.                     These
              responsibilities include labelling areas open and/or closed to shellfishing, analyzing water quality,
              educating the public on shellfishing safety issues, and implementing other programs that monitor and
              improve coastal water quality. While the Coastal Resources Division has always administered the
              Georgia Shellfish Program, implementation of a federally-approved Coastal Management Program
              increases funding and staff dedicated to monitoring projects.

                      Direct Permit Authorities: The Department of Natural Resources, Coastal Resources
              Division administers several State authorities and provides public services. The Division, with the
              assistance of the Coastal Marshlands Protection Committee and the Shore Protection Committee,
              issues Marsh Permits, Shore Permits, the Revocable License, and 401 Water Quality Certifications
              for projects that affect the coastal area. Marsh Permits and Shore Permits have always been
              administered at the Coastal Resources Division; the Revocable License program was previously
              administered by the Department of Natural Resources in Atlanta, and the 401 Program was
              previously administered by the Envirom-nental Protection Division. Together, these programs give
              direct management authority over critical coastal habitats such as marshlands, beaches, navigable
              waters, and freshwater wetlands.


                      Technical Assistance: The Coastal Resources Division provides technical assistance for
              projects to minimize adverse impacts and coordinate the permitting process. The Division provides
              information on Best Management Practices and technical guidance on planning, construction, and


                                                                -9-











                   CHAPTER ONE                                                                                  DRAFTNovember 1996



                   design as well as information on habitat and endangered species. The Division also maintains a list
                   of contacts in various agencies and institutions so that applicants and project designers can consult
                   with local experts and design their projects appropriately. The Division serves as a liaison among
                   agencies and provides forums for prospective applicants and developers to discuss potential issues
                   and permit requirements with the appropriate agencies. The goals of this service are to promote
                   quality development, to address resource issues, and to simplify the permit process and requirements
                   for applicants. Implementation of a federally-approved Coastal Management Program involves
                   significant increases in staff time and resources devoted to pre-project consultations, interagency
                   coordination, and local government assistance.                                    %                                                               0
                             Federal Consistency Review: With a federally-approved Coastal Management Program, the
                   Coastal Zone Management Act gives the State of Georgia authority to review federal permits and
                   licenses, federal projects, and federally-funded projects that impact the coastal area. The Coastal
                   Resources Division reviews these activities to ensure that they are consistent with the Georgia
                   Coastal Management Program. If a federal agency disagrees with the Division's consistency
                   decision, a formal conflict resolution process is used to settle the dispute.



                                 B. Activities Implemented Through the Coastal Management Network

                            Local Governments:                 Local governments assist in long-term planning, economic
                   development, and natural resource protection through preparation and implementation of their
                   respective comprehensive plans, local laws and zoning regulations, as well as through their chambers
                   of commerce and economic development authorities. Through the Georgia. Coastal Management
                   Program, the Coastal Resources Division provides technical assistance to local governments to assist
                   in their planning efforts and address natural resource issues. Local governments include the counties
                   listed below, and the municipalities in these counties



                                                              ..... . .... . .. .. ............

                                                       M                                                        . . . . . . . .. . .              . . . . . .
                                                                                                                           . .. .. . . . . . . .
                                                                   . . . . . . . ... . . . .

                                                                  . ...........
                                                                   .. .. . ... . .
                                                                                                             n, b
                                                                    ......... .                                    S      @M.ss@sln.:

                                                               ..........                                           .............. ........ ..
                                                                                                                    . ......... . .....


                                                                                                                                                 ... ........
                                                                  ......... . ......                                                . ...... .
                                                                                                                                      . . ....... .
                                    "O.-H-C harl                                  en,@s,
                                                                                                                                              . . . ... ... . ..
                                                                                                                    . . . . . . . .
                       . . ........ .


                             State Agencies: State agencies continue to administer their respective coastal management
                   efforts as defined by existing Georgia State law. Memoranda of Agreement between the Coastal
                   Resources Division and other State agencies with regulatory authority in the coastal area help ensure
                   that all agencies act in accordance with the policies of the Georgia Coastal Management Program.
                   State agencies involved in the Georgia Coastal Management Program network include:


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              DRAFTNovember 1996                                                  OVER VIEW OF THE GCMP


Public Service Commision
Georgia Department of Transportation
Georgia Ports Authority
Coastal Resources Division
Department of Human Resources
Environmental Protection Division
Department of Community Affairs
Historic Preservation Division
Wildlife Resources Division
Jekyll Island Authority
Georgia Forestry Commission 
Parks, Recreation and Historic Sites Division
Office of the Secretary of State


                                                                                          
                        



                     Federal Agencies: Federal agencies continue to administer their respective programs as they
              are reviewed for consistency with the Program. On-going coordination efforts between the Coastal
              Resources Division and federal agencies is conducted to ensure communication and consistency.
              Federal agencies involved in the coastal network are:


                                                                               
Army Corps of Engineers
Mineral Management  Service
National Park Service
Federal Aviation Administration
Department of Defense
Federal Law Enforcement Training Center
Bureau of Lands Management
Fish and Wildlife Service
Coast Guard
Federal Highway Administration
National Marine Fisheries Service





                                                      SECTION IV:
                    THE FEDERAL COASTAL ZONE MANAGEMENT PROGRAM


                      The federal Coastal Zone Management Act of 1972 created a voluntary program for states
              to develop and administer coastal management programs. This Act set broad guidelines and
              approval criteria for states' management programs. Individual states are given the responsibility of
              identifying priority issues for their respective coasts, and implementing their program using State
              laws and regulations. General concerns such as consideration of national defense and interstate
              transport must be addressed to ensure that a management program does not unduly hamper these
              activities.


                      Almost all of the eligible states developed approved coastal management programs by 1990.
              Each state's program is unique -- the policies and administration reflect the state's individual
              priorities and laws. As one of the last coastal states to develop a coastal management program,
 









               CHAPTER ONE                                                               DRAFTNovember 1996



               Georgia has benefitted from the experiences of the other states with federally-approved management
               programs. The decision to submit Georgia's Coastal Management Program for federal approval is
               made by the Governor. Implementation and administration of the Georgia Coastal Management
               Program is performed by the State of Georgia and its agencies. States with federally-approved
               management programs have the option of withdrawing from the voluntary federal program at any
               time. The federal Coastal Zone Management Program provides Georgia with several significant
               benefits.


                       Federal Consistency: While federal agencies and acti V@ities are'-usually exempt from state
               laws, states with federally-approved coastal management programs gain review authority over
               federal activities. The Coastal Zone Management Act is the only law that provides this power to the
               states. This authority also gives states an equal voice with respect to interstate issues. Without a
               federally-approved coastal management program, Georgia forfeits its consistency review authority
               over federal projects, as well as its "seat at the table" of national coastal management.

                       Funding: Congress appropriates funds every year for approved coastal management
               programs under the Coastal Zone Management Act. Georgia is entitled to a portion of these funds
               with an approved program. If Georgia receives federal funding for coastal management, the funds
               will be used to sponsor monitoring, enforcement, technical assistance, and research on coastal
               management issues.

                       Technical Assistance: The National Oceanic and Atmospheric Administration (NOAA),
               Office of Ocean and Coastal Resource Management provides assistance to state coastal programs
               in the form of information, technical support, and relating coastal issues to the Administration. A
               uniformed service of the Administration, the NOAA Corps provides research vessels, equipment,
               and technical staff. The NOAA Coastal Services Center in Charleston is a regional office providing
               technical support and other coastal services to states participating in the national coastal management
               program.




















                                                               -12-





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              CHAPTERTwo:
              GEORGIA'S COAST



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              DRAFT November 1996                                                           GEORGIA'S COAST



                                                        SECTION 1:
                                                    INTRODUCTION


                       Across the United States, over 50% of the population lives along the coast in an area of land
              that comprises only 18% of the nation's total land area. Coastal populations are expected to increase
              15% -- to 127 million people -- by the year 2010. This population growth creates increased and often
              conflicting demands for commercial, residential, industrial, and recreational development, thereby
              placing tremendous pressure on the nation's coastal resources.

                       The situation in Georgia is very similar. With over 2,344 linear miles of coastline, Georgia's
              coastal area is enriched with abundant marshes, barrier islands, beaches, river corridors, maritime
              forests, and uplands. To date, the Georgia coast has been relatively undeveloped, due to the fact that
              many of Georgia's barrier islands are not easily accessible and much of the available developable
              land is currently being managed for timber production. Pressures from increasing population and
              development, however, are threatening the quality of life on the coast. The population of coastal
              Georgia is growing at approximately 20% per decade. Along with this increased population growth
              comes the pressure to develop environmentally sensitive areas such as wetlands, floodplains, and
              barrier islands. A long-range resource management plan is needed to continue an acceptable level
              of protection while providing for compatible economic development. Thoughtful resource
              management will ensure that future generations also have the opportunity to enjoy the Georgia coast.

                       In order to be successful, any comprehensive planning effort must take into account many
              factors, including history, the natural environment and climate, the economy, population and
              demographics, and regional land uses. An overview of these factors in the Georgia coastal area
              follows.



                                                        SECTION 11:
                                                          MSTORY


                       The Native Americans were the first known settlers of coastal Georgia, over 10,000 years
              ago. Changes in sea level have made it difficult to obtain archaeological evidence for an exact date
              of the first human habitation. A band of the Creek Indian tribe inhabited most of the Georgia coast
              at the time of Spanish arrival in 1540. The Creeks lived off of the land, farming and fishing for
              subsistence. Large shell middens, composed mainly of oyster shells, can be found on most of
              Georgia's barrier islands. The oldest shell midden is located on Sapelo Island and has been dated
              back 5,800 years.





                                                               -15-











                CHAPTER TWO                                                               DRAFTNovember 1996



                       Following the formal conquest of Florida by De Soto in 1539, the Spanish occupied the
                Georgia coast from 1540 to 1680, building missions and attempting to convert the Indians to
                Christianity. They called the area Guale (pronounced "wally"), after a Native American who
                received the Spanish hospitably on St. Catherine's Island. Missions were established first on St.
                Catherine's Island around 1566 and then on St. Simons in the late 1590s but began to disappear
                toward the end of the 1600s due to Indian uprisings and disease. The Spanish are credited with
                introducing fruits (figs, pomegranates, oranges) and domesticated hogs and goats, as well as the
                durable "tabby" building material. "Tabby" is a mixture of crushed oyster shells, water, and sand,
                which was molded and used by the Spaniards to construct missions and other buildings. In the late
                1600s, as the British and Native American tribes invaded the area from colonies at Charleston, South
                Carolina, the Spanish retreated to Florida.

                       The area remained largely uninhabited from 1690 until the 1720s, with the notable exception
                of the famous pirate Edward Teach, or Blackbeard. He used the Georgia coast as his refuge, and
                roamed the coasts of the Carolinas, Florida, and the West Indies until his capture and execution in
                1718. According to local legend, buried treasure remains undiscovered on Blackbeard Island to this
                day.

                       The British began to establish permanent colonies in coastal Georgia in the early 1700s, when
                the region was ceded to General James Oglethorpe as a buffer between the Spanish colonies in
                Florida and the British colonies in South Carolina. In 1721, Colonel John Barnwell began
                construction of Fort King George near Darien. In 1733, Oglethorpe settled Savannah and built Fort
                Frederica. He built Fort St. Simons on St. Simons Island three years later. Formed from lands ceded
                from South Carolina, the new colony was named Georgia in honor of King George 111. English
                citizens were offered free passage, a land grant, and three years of support to settle in the new colony.            0
                Scottish Highlanders, mostly from the McIntosh clan, were offered the same opportunity as the
                English, and many accepted. The Scottish settled the town of Darien at the mouth of the Altamaha
                River. A few large plantations were established to grow cotton, indigo, and rice. Many of the
                citizens hunted and trapped the abundant wild game (deer, wild turkey, and furbearers) in the area.

                       The Spanish were not pleased with the English colonization efforts, and demanded that all
                of Georgia be returned to Spain. Britain declared war on Spain in December of 1739, and the
                Spanish attacked St. Simons Island in 1742 with over 50 ships and over 5,000 men. Oglethorpe,
                with only 650 men including Scottish Highlanders from the Altamaha River area and Creek Indians,
                repelled the Spanish in the Battle of Bloody Marsh. Thus, England took control of the Georgia
                territory and all points north.

                       The institution of slavery began in the 1740s in coastal Georgia, but it was vehemently
                opposed by the Scottish Highlanders. Oglethorpe returned to England in 1743 and passed away in
                1785 at. the age of 89. Fort Frederica was destroyed by fire in 1758, and was abandoned. Much of


                                                                 -16-



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              DRAFTNovember 1996                                                            GEORGIA'S COAST



              the property on St. Simons was given to British soldiers for their service in the military, but most
              returned to England at the beginning of the Revolutionary War. Those that remained purchased
              slaves and began to clear and dike off large tracts of river swamp land to grow rice and cotton.
              During the Revolutionary War, much of coastal Georgia was ravaged by the British army. Homes
              were looted and burned, and the people were murdered by troops loyal to the Crown of England.
              The coast would soon recover economically due to abundant timber and the introduction of sea-
              island cotton from the West Indies.


                      The period from the late 1700s up to the Civil War was marked by the production of naval
              stores (tar, pitch, turpentine) and the cultivation and harvest of live oak timber, rice, indigo, and
              cotton. The naval stores and timber were needed for the growing shipbuilding industry. Live oak,
              which grew on the Georgia coast, was the ideal lumber for building ships because of its strength and
              resistance to rotting. With the Industrial Revolution going on in England, cotton was in great
              demand to supply the cotton gins and textile mills. Due to the fertile soils and suitable climate, the
              Georgia coast provided the ideal conditions to grow high quality cotton. Many large plantations
              were established on coastal islands to cultivate this highly valuable sea island cotton. Vast areas of
              forest and swamp were cleared and drained for the timber and for land to cultivate. Timber, indigo,
              and cotton cultivation and harvest began to decline in the late 1800s, signalling the end of the
              plantation period. Most of the live oak forests had been harvested by this time. At the same time,
0             the demand and price for indigo and cotton in England declined and the boll weevil decimated
              existing crops. Rice production reached its peak just prior to the Civil War in 1860. Coupled with
              the onset of the Civil War and the loss of slave labor, the plantation period in Georgia came to an
              end. After the Civil War, freed slaves populated many areas of the Georgia coast, particularly Sapelo
              Island. The coast quickly went from one of the most prosperous regions of the country to one of the
0             poorest.

                      From the 1870s to the 1900s, during Reconstruction, the region tried to recover from the
              economic decline. Lumber mills began to appear on the Georgia coast. With most of the live oak
              already harvested, the mills sawed cypress, pine, and other oaks into lumber for export to Europe.
40            The timber was floated down the Satilla and Altamaha rivers to the mills at Darien and St. Simons.
              Many of the small marsh hammock islands in the vicinity of the old sawmills were formed from the
              discarded ballast stones of the old schooners used to transport lumber to Europe.

                      During the early 1900s, people began to discover coastal Georgia as an ideal resort
              destination. Savannah, St. Simons Island, Jekyll Island, and Cumberland Island were home to the
              cottages and summer villas of the nation's wealthiest families such as the Pulitzers, Carnegies,
              Reynolds, and Staffords. The cities of Savannah and Brunswick played an important role in national
              defense during World War II by building liberty ships. The Eighth Army Airforce, an important
              contingent in the European air battle during Word War 111, was formed in the City of Savannah. The



                                                               -17-











               CHAPTER TWO                                                              DRAFT November 1996



               coast continues to support national defense even today with Fort Stewart Army Base in Hinesville,
               Hunter Army Air Field in Savannah, and Kings Bay Naval Submarine Base in St. Marys.

                       Continuing the trends of the past few decades, the Georgia coast is still growing at a rapid
               pace. Timber, agriculture, and related manufacturing plants dominate the coastal economy. Tourism
               and related service industries are growing strong, and the Georgia coast remains a popular area for
               permanent residence. Many of the coastal counties have seen exponential growth in population due
               to the influx of tourism and the placement of military bases in the area. There are areas of the coast
               where culturally and historically significant communities still exist. Hog Hammock on Sapelo Island
               is one such community that carries on the traditions and heritage of the early African American
               inhabitants of Georgia. Many historical places remain throughout the Georgia coast, such as Fort
               Frederica, the Battle Site at Bloody Marsh, Fort Pulaski and Fort King George, as well as numerous
               historic districts, neighborhoods, commercial areas, homes, schools, and churches. A well-balanced,
               conscientious planning effort is needed to ensure that these historical resources remain in place for
               future generations.                                                                                               0


                                                        SECTION 1111:
                                 NATURAL ENVIRONMENT AND CLIMATE                                                                 0

                      The Georgia coast is an interrelated system of productive coastal marine waters, barrier
               islands, coastal marshlands, rivers, and associated upland areas. It is the westernmost portion of the
               United States on the Atlantic seaboard, located approximately in the center of the South Atlantic
               Bight. The broad, gentle slope of the continental shelf stretches 95 miles off of Georgia. On the                 0
               shelf, many hard and soft bottom habitats can be found. "Live bottom" areas occur naturally where
               limestone outcroppings are exposed on the seafloor, allowing marine animals and plants to settle and
               colonize. The Gray's Reef National Marine Sanctuary, located approximately 15 miles east of Sapelo
               Island, is a natural reef community with an abundance of live bottom habitat in 60 to 70 feet of water
               on the continental shelf Artificial reef communities have been created in some areas by sinking
               barges, World War II liberty ships, and other material that encourages reef organisms to settle and
               grow. The coastal marine waters off of Georgia provide habitat for many oceanic birds, sea turtles,
               marine mammals, crustaceans, and fishes. Marine wildlife includes the endangered right whale,
               manatee, sea turtles (Kemp's ridley, hawksbill, and leatherback), and least tem. Many commercially-
               important species, such as shrimp, blue crabs, snapper, and grouper live and breed in these waters.

                 -    A chain of eight main groups of barrier islands, stretching over 100 miles from northernmost
               Tybee Island near the South Carolina border south to Cumberland Island near the Florida border,
               buffers the marshes and mainland from the forces of the Atlantic Ocean. These islands have built
               up over the past forty thousand years due to shifting sand, creating over 94 linear miles of
               beachfront. Wave energy on the Georgia coast is generally low due to the broad, shallow continental


                                                               -18-











               DRAFTNovember 1996                                                            GEORGIA'S COAST



               shelf offshore. Most of this wave energy is dissipated by friction across the bottom of the shelf as
               waves move toward shore. Sand bars and shoals also help reduce wave energy close to shore,
               protecting against erosion and property damage. The islands and their associated dune, live oak, pine
               forest, and marsh communities also support an abundance of wildlife. Loggerhead, green, and
40             leatherback sea turtles use Georgia beaches for nesting habitat. Ospreys, brown pelicans, egrets,
               shorebirds, and many species of sea gulls are a common sight in this area.

                      Moving inland, a broad band of coastal marshlands covering almost 380,000 acres separates
               the barrier islands from the mainland. Poet Sidney Lanier immortalized these marshes in his famous
               poem, "The Marshes of Glynn." Measuring three to five miles wide in some places, Georgia's
               marshlands constitute one-third of the remaining salt marsh along the U.S. Atlantic coast. The
               marshes are dominated by cordgrass (Spartina altemiflora), which supports a highly productive food
               chain. High nutrient levels are transported in and out of the system by daily tidal cycles, thus
               supporting a rich habitat for fish, birds, crustaceans, and other wildlife. Herons, egrets, redwing
               blackbirds, oysters, red drum, sea trout, and white shrimp are common here. The area experiences
               an average tidal range of 6 to 8 feet, with tides of 9 to 11 feet possible on spring tides. These tidal
               ranges are several feet larger than the adjacent states of Florida, South Carolina, and North Carolina
               due to Georgia's location in the center of the South Atlantic Bight. The large tidal range is the main
               reason Georgia has such an abundance of salt marsh.

                      Further to the west, brackish and freshwater marshes and swamps extend inland up rivers and
               streams. This area is generally flat and occupied by live oak, tupelo gum, and cypress swamps.
               These marshes and swamps serve to recharge the shallow groundwater aquifer and reduce the
               duration and magnitude of flood events. Wetlands function like sponges to retain floodwaters, filter
               out sediment and other contaminants, and slowly release the water over time to the rivers. These
               swamps also provide important habitat for wildlife, including endangered and threatened species
               such as the bald eagle and wood stork. Large numbers of migratory waterfowl (scaup, mergansers,
               mallards, coots) and wading birds (snipe, woodcock, yellowlegs) use these places as staging (resting
               and feeding) areas on the way to their wintering grounds in Central and South America. Several
               major coastal plain rivers feed these wetlands, including the Savannah, Ogeechee, Canoochee,
               Altamaha, Satilla, and St. Marys. Most of these rivers provide critical habitat for the endangered
               shortnose sturgeon and anadromous fish stocks. All of Georgia's coastal rivers carry large amounts
               of sediments to the sea, helping to build new land and to keep up with sea level rise over time.

                      Much of the coastal mainland is heavily forested with slash, spruce, loblolly, and longleaf
               pines. Forests that are less managed are populated with a mixture of pines, hardwoods, and other
               species such as oak, hickory, magnolia, bay, palmetto, and dogwood. The pine and hardwood forests
               are home to many bird species, such as the endangered red-cockaded woodpecker and many birds
               of prey (red-tailed hawk, turkey vulture, great homed owl). Many game species, such as feral hogs,



                                                               _19-











               CHAPTER TWO                                                             DRAFTNovember 1996



               whitetail deer, black bear, wild turkey, and bobwhite quail, can also be found in these forested
               communities.


                       The marine subtropical climate of the Georgia coast is heavily influenced by the Atlantic
               Ocean and other meteorological and climatic features common to the southerly latitudes. The
               climate is moderate, with short, mild winters and long, humid springs and falls. Temperatures in the
               region average 52 degrees Fahrenheit in the winter, 65 degrees Fahrenheit in the spring, 80 degrees
               Fahrenheit in the summer, and 67 degrees Fahrenheit in the fall. Ocean and sea breezes tend to
               moderate temperatures along the coast. Rainfall averages 30 to 50 inches per year, half of which
               comes from summer thunderstorms. During the summer, the area is dominated by a large high-
               pressure system called the Bermuda High that diverts most of the continental frontal storms away
               from the southeast.


                       The Bermuda High disintegrates in late summer, allowing frontal passages to return. May
               through November is considered hurricane season. Historically, tropical storms and hurricanes
               impact the Georgia coast on the average of once every ten years. Coastal flooding resulting from
               hurricane-induced storm surges and long-term beach erosion poses a substantial danger to life and
               property on the low-lying barrier islands and mainland. The storms cost many lives and result in
               millions of dollars in property damage in the coastal zone due to high winds, flooding, and rainfall.
               Strong northeasters impact the coast more frequently than hurricanes and supply much of the rain
               in late fall, winter, and spring.



                                                        SECTION IV:
                                                 COASTAL ECONOMY


                       The coast of Georgia enjoys a dynamic and diverse economy based largely on the region's
               abundant resources, including natural waterways, groundwater, pine forests, fisheries, and natural
               and historic features. Regional unemployment figures for 1991 (the latest data available) ranged
               from a high of 7.6% in Brantley County to a low of 3.6% in Camden County. The eleven-county
               average of 5.4% unemployment is in line with the Georgia statewide unemployment figure of 5.0%.
               Median income figures for the area ranged from a high of $29,443 in Effingham County to a low of
               $18,802 in Long County. Per capita incomes ranged from $17,776 in Chatham County down to
               $8,080 in Long County.

                       The average median income and per capita income for the region during 1989-1990 was
               $24,381 and $12,630 respectively. Both averages are approximately 20% lower than the Georgia
               statewide average median income of $29,021 and average per capita income of $17,045. In 1989,
               17.3% of the region's citizens were below the poverty level ($12,674 for a family of four) versus the



                                                              -20-











              DRAFT November 1996                                                          GEORGIA'S COAST



              state average of 14.7% below the poverty level. Camden County enjoyed the lowest poverty level
              of 11.5%, and Long County had the most people below the poverty level at 23.7%.

                      The eleven-county coastal area accounted for $6.2 billion in total buying power, about 6%
              of the Georgia State total of almost $97 billion. Fully 70% of that buying power ($4.3 billion) comes
              from Chatham and Glynn Counties alone. These figures show the wide range of wealth in the
              Georgia coastal area, and the tendency for that wealth to be clustered near the population centers of
              Savannah, Brunswick, and military facilities in Camden and Liberty Counties and absent from the
              rural counties of Long, Wayne, McIntosh, Brantley, and Charfton.

                      Extensive plantings of pine forests signify the importance of the timber industry in coastal
              Georgia. Timber activities include forestry management and harvesting, paper pulp processing,
              distilling pine products, and timber production. The long summer growing periods, plentiful rainfall,
              fertile soils, and access to large quantities of groundwater make the coastal area very conducive to
              timber growth and processing. Commercial forests cover much of the land area in the Georgia
              coastal area and produced a total income (from sawtimber and pulpwood) of $110.5 million in 1993.
              Georgia Pacific pulp mill employs 850 people, and the Hercules plant, which distills pine oils,
              employs 544 people. Union Camp Corporation in Savannah employs 2,800 people. Riceboro
              Interstate Paper Corporation, ITT Rayonier (Jesup), Stone Container Corporation (Savannah), and
              Fort Howard Paper Corporation (Rincon) collectively employ another 3,200 people.

                      Other major manufactures in the Savannah area include Gulfstream Aerospace (jet aircraft),
              Great Dane Trailers (truck trailers), Savannah Sugar Refinery (refined sugar), and Kemira,
              Incorporated (Titanium Dioxide). Major manufacturing operations in the Savannah area provided
              a total of 15,800 jobs in 1993.

                      Row crop agriculture as well as livestock and poultry operations are also an important
              economic activity, especially in the second tier of coastal counties (Effingham, Long, Wayne,
              Brantley, and Charlton). In 1987, the eleven coastal counties contained 1195 individual farms,
              comprising 7.3% of the total coastal land area. Tobacco is the most important row crop, along with
              com, soybeans, peanuts, and cotton. Approximately 19,000 head of cattle are raised in the coastal
              zone, along with about 17,800 hogs and pigs and several million chickens.

                      Water-bome commerce and associated port development provides significant employment
              and revenue in coastal Georgia due to protected waterways, suitable physical port locations, and
              attractive local and regional markets. Savannah and Brunswick are the two major ports in Georgia
              that possess modem docking, storage, and land transportation facilities. Kings Bay Naval Submarine
              Base also has significant dockage facilities, but it is used exclusively by the U. S. Navy. hi 1989,
              Savannah and Brunswick handled almost 15 million tons of cargo. Products landed and shipped
              from Georgia ports range from automobiles and wood products to grains and gypsum. The 138 mile


                                                              -21-











                CHAPTER TWO                                                               DRAFT November 1996



                long Georgia segment of the Atlantic Intracoastal Waterway supports substantial barge and other
                commercial traffic. Commercial port operations can often affect the coastal natural and recreational
                environment due to the need for dredging, competing shoreline uses, water quality degradation, and
                reduced water safety.

                       The commercial fishing and seafood processing industry is yet another important economic
                factor on the Georgia coast. In 1994, there were approximately 2,500 commercial fishermen in
                Georgia, principally trawling for shrimp. Blue crabs, conchs and whelks, and clams and oysters are
                also important species in the industry. In 1993, approximately 5 million pounds of shrimp valued
                at $18 million, approximately 8 million pounds of blue crabs valued at $3 million, and
                approximately 1.3 million pounds of all other species (snapper, grouper, oysters, clams, and other
                finfish and shellfish) valued at over $2 million were landed in Georgia. In that same year, 1,600
                people were employed in 14 seafood packing and processing houses, along with 40 wholesale
                seafood dealers employing 100 people. In 1992, Rich-Sea Pak and King and Prince, two seafood
                processing houses, employed 800 and 700 people, respectively.

                       Recreation and tourism is also an integral component of the coastal economy. The natural,
                relatively undisturbed shorelines and beaches of Georgia coupled with the temperate climate make
                coastal Georgia an attractive vacation destination. Abundant natural and historic resources, such as
                the National Historic Landmark districts in Savannah and Jekyll Island, Cumberland Island National
                Seashore, Fort Frederica National Historical Monument, top-class golf courses, and abundant
                recreational fisheries, add to the allure of the area. Four State Parks and four State Historical Sites
                are operated by the State of Georgia and are open to the public. In 1991, approximately 200,000
                recreational fishers caught three million fish, creating an expenditure of $53.4 million annually, as
                well as a total economic value of over $250 million annually. Other popular activities include tennis,             0
                golfing, sailing, and scuba diving. Boating and fishing are other popular recreational activities, with
                almost 25,000 boats registered in coastal Georgia and over 40 marinas and 35 public boat ramps to
                serve them.


                       Savannah area visitors totalled 5.4 million in 1993, generating almost $616 million in                      0
                spending and supporting 18,000 full-time jobs. In Glynn County in 1991, 1.8 million tourists spent
                over $560 million, supporting 14,000 full-time jobs annually. The total impact from tourism in the
                Georgia coastal area was estimated at around $1.28 billion in 1991. Tourism continues to grow each
                year, and more people are choosing coastal Georgia as a place to retire. A comprehensive planning
                effort is needed for any future development and resource utilization to protect the natural and historic           0
                resources from environmental, aesthetic, and economic damage.

                       National defense-related complexes are another major component of the coastal Georgia
                economy. These facilities employ a large number of personnel, which results in economic growth
                of the surrounding communities. Camden County and Liberty County have both experienced                             0


                                                                 -22-



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               DRAFTNovember 1996                                                            GEORGIA'S COAST



               tremendous growth from Kings Bay Naval Submarine Base and Fort Stewart Army Base,
               respectively. The Kings Bay facility is home for 5 to 10 Trident nuclear submarines and employs
               9,000 people. Fort Stewart, which is the largest Army base east of the Mississippi, had 19,000
               employees in 1993. Also in 1993, Hunter Army Air Field in Savannah employed 4,800 personnel.
               United States Coast Guard personnel in Savannah and Brunswick are economically important to their
               communities. The Federal Law Enforcement Training Center (FLETC) in Brunswick trains law
               enforcement personnel for over 70 federal agencies, employing approximately 1,300 people and
               graduating 2.5,000 people annually.

                                                         SECTION V:
                                       POPULATION CHARACTERISTICS


                      The eleven-county coastal area of Georgia has a combined population of 460,233 people
               according to the 1990 Census. At that time, approximately 66.9% were white, 31.2% were black,
               1.7% were Hispanic, and 1.9% were of other descent. The population is mainly centered around the
               Savannah area (Chatham, Effingham, and Bryan Counties), with smaller centers around Brunswick
               (Glynn County) and Kingsland/St. Marys (Camden County). The overall population of the region,
               however, is largely rural (66.8%). With 430 people per square mile, only Chatham County's
               population density exceeds the State average of 112 people per square mile. The emigration of
               people out of Chatham County, coupled with the immigration of people to surrounding Effingham
               and Bryan Counties, seems to indicate that people are moving out of metropolitan Savannah to the
               suburbs.


                      The coastal population continues to grow from tourism on Tybee Island, Sea Island, St.
               Simons Island, and Jekyll Island, and from military bases in Camden, Liberty, and Long counties
               (Kings Bay Naval Submarine Base and Fort Stewart Army Base). According to the 1990 Census,
               a substantial 23% increase from 1990 is predicted for coastal Georgia in the future. This increase
               continues a trend in population growth on the coast which has exceeded 200% in some counties
               since 1930. Liberty County and Camden County have experienced a remarkable 547% and 376%
               increase in population respectively since 1930, due largely to the placement of military bases in those
               counties.
















                                                               -23-











                CHAPTER TWO                                                              DRAFTNovember 1996



                                                         SECTION VI:
                                                   COASTAL LAND USE

                       The eleven-county coastal area of Georgia encompasses approximately 6,409 square miles                     41
                (4,101,952 acres), with an average population density of 82 people per square mile. Of the total area,
                5,637 square miles (3,611,661 acres) is land, and 772 square miles (494,080 acres) is water. Of the
                5,637 square miles (3,611,661 acres) of land, 75% (4313 square miles or 2,760,455 acres) is
                forested, and only 25% (1330 square miles or 851,216 acres),is non-forested. Although there are
                clusters of intense development, much of the Georgia coast remains relatively undeveloped. As of                  0
                the mid-1980s, only 4% (less than 100,000 acres) of the coast was considered developed. Of that
                4%, 3.3% (80,000 acres) was considered residential, 0.3% (6,000 acres) was classified as
                commercial, and 0.4% (11,000 acres) was considered industrial. There is no shortage of developable
                land (currently estimated at 32% of the total land area); however, there is a need for better
                management of growth and better planning for development to insure that the region retains its                    0
                growth potential and habitability.
                       Georgia has more acres in forest management than any other state, and forestry activities
                account for 71% (4,005 square miles or 2,563,294 acres) of the total acreage in the Georgia coastal
                area. Approximately 49% of the timberland is owned by industry, 39% is privately-owned, and 12%
                is owned by the government. The soils and climate of the area also make it conducive to growing
                crops due to the long growing season and ample rainfall. The second-tier counties account for most
                of the conventional agricultural activities, such as row crop cultivation and livestock husbandry.

                       Commercial and industrial development along the Georgia coast is also an important land
                use with many positive economic benefits. Ports and waterborne commerce-related facilities,
                gypsum and sheet rock plants, pulp and paper mills, and public utility companies are a few examples
                of industries along the coast. The coastal area of Georgia has been attractive to industry for many
                reasons, including the proximity to water transportation, high quality groundwater resources, and
                nearby natural resources and raw materials. Manufacturing and other industry are beneficial to the
                coastal economy, however, there can be drawbacks. Improper or unplanned development can result                    0
                in waste disposal problems, toxic and hazardous waste, and water and air pollution if not properly
                managed. The electricity provided by utility companies in the area is generated by hydroelectric,
                nuclear, coal, oil, and natural gas powered plants throughout the state. However, there are no nuclear
                or hydroelectric plants within the eleven-county area.
                       In fiscal year 1992-1993, the eleven-county coastal area received $64.5 million in federal,                0
                State, and local funds to construct and maintain over 6,500 miles of public roads and highways for
                its citizens. In addition to roads and highways, there are several airports capable of servicing a wide
                variety of aircraft sizes, including major airports (Savannah International Airport and the Glynco
                Jetport in Brunswick), and many smaller airfields throughout the coastal zone. The area is also well-
                served by railways such as AMTRAK, CSX, and Norfolk-Southem. In addition, the entire Georgia                      0

                                                                -24-











               DRAFT November 1996                                                            GEORGIA'S COAST



               coastal area is within one or two hours of the Jacksonville, Florida or the Charleston, South Carolina
               metropolitan area.

                       There is a large military and national defense presence in coastal Georgia. The Kings Bay
               Naval Submarine Base, Hunter Army Air Field, and Fort Stewart Army Base are the three major
               installations in the area.


                       State and federal government entities own a wide variety of lands in coastal Georgia. Many
               of these areas are maintained as natural areas, and are very important to the ecological health of the
               area. These areas provide habitat for wildlife, control and abate floodwaters, recharge groundwater
               supplies, and improve surface water quality. The federal government owns and maintains many
               national parks, monuments, wildlife refuges, and other natural areas, including Cumberland Island
               National Seashore, Wassaw Island National Wildlife Refuge, Harris Neck National Wildlife Refuge,
               Gray's Reef National Marine Sanctuary, Fort Frederica National Monument, Fort Pulaski National
               Monument, Bloody Marsh National Monument, Wolf Island National Wildlife Refuge, Savannah
               National Wildlife Refuge, and Blackbeard Island National Wildlife Refuge. The Georgia
               Department of Natural Resources maintains parks and recreational areas at Skidaway Island and
               Crooked River; Wildlife Management Areas (WMAs) at the Altamaha River, Richmond Hill,
               Ossabaw Island, Paulks Pasture (lease), Sapelo Island (Richard J. Reynolds WMA), and Sansavilla
               Oease); State Heritage Preserves and Historic Sites at Fort King George, Fort McAllister, Wormsloe,
               Sunbury, Richmond Hill, Little Tybee Island, Cabbage Island and Hofwyl-Broadfield Plantation.

                       Many educational, medical, and other public facilities are located within the coastal area.
               Georgia Southern University, Savannah State College, Armstrong State College, Coastal Georgia
               Community College, and several other regional schools and technical colleges are all located on or
               near the coast. The Southeast Georgia Regional Medical Center in Brunswick; Candler, St. Josephs,
               and Memorial Hospitals in Savannah; and Camden Medical in St. Marys are a few of the major
               facilities that provide medical care to the citizens of the coast. In addition to schools and hospitals,
               a multitude of civic centers, theaters, museums, and other public facilities are also located throughout
               the eleven-county area.

                       All of these locations and facilities, with the exception of portions of the military bases, are
               available for the use and enjoyment of the general public.











                                                                -25-






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          CHAPTER TWO                                   DRAFT November 1996








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               CHAPTER THREE:
0             GOALS AND OBJECTIVES



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              DRAFT November 1996                                                 GOA L S A NQ OBJEC TI VES



                      This chapter describes the mission, goals, and objectives of the Georgial Coastal
              Management Program. Goals and objectives of the Program are categorized as either Program Goals
              or Resource Goals. Program Goals were developed by the Department of Natural Resources, Coastal
              Resources Division. Resource Goals were developed by the Coastal Zone Advisory Committee.





                                                  MISSION STATEMENT


              It is the mission of the Georgia Coastal Management Program to balance economic
              development in Georgia's coastal area with preservation of natural, environmental, historic,
              archaeological, and recreational resources for the benefit of Georgia's present and future
              generations.





                                                    PROGRAM GOALS


              Goal: Develop and implement a management program that balances sustainable economic
              development and natural resource conservation in coastal Georgia.


              Obiectives:


              1.      Encourage and assist natural and social scientific research in coastal Georgia, in order to
                      develop a comprehensive database of the area.

              2.      Promote increased recreational opportunities in coastal areas and increased public access to
                      tidal waters in a manner that protects coastal resource quality, public health, and public
                      safety.

              3.      Develop and institute a comprehensive erosion policy that identifies critical erosion areas,
                      evaluates the long-term costs and benefits of erosion control techniques, seeks to minimize
                      the effects on natural systems (both biological and physical), and avoids damage to life and
                      property.


              4.      Encourage new coastal development to locate in existing developed areas capable of
                      accommodating additional growth, and in areas determined to be more environmentally and
                      economically suitable for development.


                                                             -29-











                CHAPTER THREE                                                             DRAFT November 1996



                5.     Resolve conflicts and minimize potential conflicts among activities through improved coastal
                       management that reflects the public's desires, the capacity of natural resources, and expected
                       costs and benefits.


                6.     Encourage new water-dependent activities to locate in shoreline areas where adverse social,
                       economic, and environmental impacts can be minimized, and encourage the inland siting of
                       facilities that are not water-dependent.

                7.     Promote the use of impact assessments which incorporate energy-saving benefits, economic
                       effects, and social and environmental factors as the basis for decisions on development of
                       energy facilities; and ensure that affected local governments obtain sufficient financial and
                       technical assistance to cope with these impacts.

                8.     Support the wise commercial development of harbors, rivers, and waterways for trade and
                       commerce in locations and using methods that maintain the environmental integrity of the
                       coastal region.

                9.     Protect and, where possible, restore or enhance the resources of the State's coastal area for
                       this and succeeding generations.

                10.    Develop a coastal program with flexibility for revision and improvement as knowledge and
                       experience in managing coastal resources evolves.



                Goal: Develop and provide a pernuitting system for activities in the coastal area that
                implements the goals and objectives of the Management Program and promotes the public
                interest.


                04jectives:


                1      Develop and implement a simplified permitting system for activities in the coastal area that
                       maintains the integrity and purpose of the Management Program.

                2.     Include conditions and stipulations in pertnits for activities approved for the coastal area that
                       are designed to minimize negative impacts on water quality, marine productivity, beach and
                       shoreline stability, and other environmental aspects.

                3.     Give full consideration to the Rules and Regulations for permitting, with thorough and
                       comprehensive reviews of all permit applications.



                                                                 -30-











              DRAFT November 1996                                                   GOA L S A ND OBJEC TI VES



              4.      Specify environmentally suitable methods of design, construction, and development in the
                      coastal area, and assist permit applicants to incorporate these environmentally suitable
                      alternatives in their proposals.


              Goal: Promote intergovernmental coordination and public participation in the development
              and implementation of the Georgia Coastal Management Program.

              Ohiectives:


              1       Provide full opportunity for participation by federal, State, and local government agencies,
                      concerned organizations, and the general public in developing, implementing, and improving
                      the Georgia Coastal Management Program.

              2.      Increase public awareness and encourage public participation during development of and
                      decisions made pursuant to the Georgia Coastal Management Program.

              3.      Strengthen the planning and decision-making capabilities of cities and counties in the coastal
                      area by providing financial, technical, and other assistance; and provide for coordination of
                      local comprehensive plans and ordinances with the policies of the Georgia Coastal
                      Management Program.

              4.      Promote coordination and use of existing State programs to minimize duplication of efforts,
                      conflicting actions, and permit processing delays, and achieve coastal management objectives
                      and policies.

              5.      Provide adequate representation of the interests of the State of Georgia in federal agency
                      decisions and actions affecting the coastal area.

















                                                               -31-











                CHAPTER THREE                                                           DRAFT November 1996



                                                      RESOURCE GOALS


                Goal: Protect and sustain the unique character of life on the Georgia coast that is reflected in
                its cultural, historical, archeological, and aesthetic values by providing management of its

                resources.


                Objectives:


                Fisheries
                1.     Provide a coastal zone with finfish, crustaceans, and shellfish populations that will support
                       commercial and sport fisheries on a sustainable basis.

                Wildlife
                2.     Provide a coastal zone that maintains diverse indigenous wildlife populations at viable and
                       sustainable levels.


                3.     Provide a coastal zone in which wildlife species listed as special concern, threatened, or
                       endangered are recovered to healthy, viable populations.

                4.     Provide a coastal zone that attracts and sustains historic migratory bird populations.


                Plants
                5.     Provide a coastal zone in which diverse indigenous plant populations are maintained at
                       viable and ecologically balanced levels.

                Historic and Archeological
                6.     Provide a coastal zone in which all significant archeological and historic sites and artifacts
                       are preserved.


                Cultural
                7.     Provide a coastal zone in which the unique cultural entities are recognized and protected.


                Scenic Vistas
                8.     Provide a coastal zone in which marsh, river, and other natural scenic vistas, such as highway
                       and river corridors, are free of visual obstructions and blight.


                Minerals
                9.     Provide a coastal zone in which extraction and utilization of mineral resources will not
                       detrimentally impact other coastal resources.



                                                                -32-











               DRAFT November 1996                                                 GOA L S A ND OBJEC T1 VES



               Surface Water
               10.    Provide a coastal zone in which surface waters of the State meet or exceed recreation-use
                      water quality standards.


               Groundwater
               11.    Provide a coastal zone in which the water supply aquifers are managed at levels needed to
                      provide adequate, potable drinking water in perpetuity.

               12.    Provide a coastal zone in which the groundwater is managed to meet demands other than
                      drinking water on a sustainable basis, while achieving some restoration of the resource.

               Tidal, Marsh, and Submerged Lands
               13.    Provide a coastal zone in which the scenic quality and biological productivity of tidal
                      resources is maintained.


               Freshwater Wetlands
               14.    Provide a coastal zone in which the area and functional integrity of wetlands that impact the
                      coastal region of Georgia are maintained.


               Barrier Islands
               15.    Provide a coastal zone in which the natural systems of barrier islands are preserved and
                      protected.


               Beaches
0              16.    Provide a coastal zone in which the integrity and functioning of the sand-sharing system is
                      maintained.


               Farmlands and Woodlands
               17.    Provide a coastal zone in which the productivity of woodlands and farmlands is maintained,
41                    with management practices that preserve water quality and biodiversity.















                                                              -33-






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           400%\ CHAPTER FOUR:
               BOUNDARY AND ORGANIZATION



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              DRAFTNovember 1996                                          BO UNDA R Y A ND ORGA NIZA TION



                                                        SECTION I:
                                           COASTAL AREA BOUNDARY


                      There are four elements to a state's coastal area boundary: the seaward boundary, the
              interstate boundary, the inland boundary, and areas excluded from the boundary. The area within
              the boundary includes those lands necessary to control the shorelands, the uses of which have a direct
              and significant impact on the coastal waters. This section describes the boundaries of the coastal
              area subject to the Georgia Coastal Management Program.


                                                    A. Seaward Boundary

                      The seaward boundary of Georgia's coastal area extends to the outer limits of State
              jurisdiction, which is three nautical miles seaward from the mean low watermark.



                                                    B. Interstate Boundary

                      Georgia's coastal area interstate boundaries include the South Carolina state border on the
              north and the Florida state border on the south. The inland boundary of both states' coastal
              management program is depicted on the following map of Georgia's coastal area boundary.
              Georgia's coastal area boundary extends farther inland than South Carolina's. The entire state of
              Florida is included in the Florida coastal zone. Consultations with coastal management program
              officials from South Carolina and Florida have revealed no problems with the compatibility of the
40            interstate boundaries of either state.



                                                      C1. Inland Boundary

                      The inland boundary of Georgia's coastal area is the political boundaries of the eleven
              counties: Effingham, Chatham, Bryan, Liberty, Long, McIntosh, Wayne, Glynn, Brantley, Camden,
              and Charlton. This inland boundary includes all upland areas adjacent to the defined estuarine areas.
              The eleven counties described by the coastal management area contain all of the tidally-influenced
              waters of the State, which was the rationale used to determine this inland boundary. Figure 4.1
              depicts the area that falls within the jurisdiction of the Georgia Coastal Management Program.








                                                               -37-











                              CHAPTER FOUR                                                                                                                               DRAFT November 1996


                                                                                       FIGURE 4.1: Georgia's CoastalArea



                                              CAM"                        FMAW                     TWA"         Ohm


                                       walber
                                                                                                   Whilte
                                                                                        uwwmn
                                     Clualoop             .Card"       mchm          Dowvm                  Banks ft-ldin Had                                     Georgia
                                           Mord           Bartow       Cherobee ftrsyth            Hall                                                              Coastal
                                                                                                         Jackson Modism              Elbert                              Zone
                                            Mk                      Cobb               Gwinneft                 Cwhe
                                                          Pauldift
                                          Haralson                              DeKalb             W                                   Wakes

                                                                                              Note         h6oullan      Gwent
                                               Canod                         I
                                                          1                   W                                                          Wargo           Columbia
                                                                       aveft       Henry
                                               Head       Coweb              S"Iding        sum      Miller ildnam            Haftoo(*@
                                                 Troup                     Mbe     LMW      h4opme         Jones      Baldwin        Washington    Jefferson          Burk
                                                                            Upson
                                                                                                     Bilds             Wilkinson                                                    Sc eve
                                                          Harris    Taunt                Crawford               Twilp                       Johnson
                                                                                                                                                          EMARod
                                                                                                Poch
                                                                              Taylor
                                                                                                    Houston Slocilley            Lawem                            candler
                                                                                                                                               T eude                            Busoch
                                                          Chafta- Marion              Macon
                                                          hoodwe
                                                                            Schley                                                                                         Evans
                                                                                                Do*                                                      Toombs
                                                          Stewart
                                                                                suwder                                                                              T&ONA
                                                                                                                Wilcon
                                                                                                   Crbp                           Telfair

                                                                       Terrell                                                             leff Davis                                      ......
                                                                                    Lee                                  men WIN
                                                          Randolph                                      Turner                                            ApprM                                   A
                                                                                                                                                                      ,@A
                                                          'any                                                         Irwin           Coffee         Bacon
                                                               Calboun        Dough""           Worth
                                                                                                                rift
                                                          Early                                                         Sel          Addmoo
                                                                                                                                                      Wage
                                                                                                   Callpa"
                                                                                                                Cook

                                                                                                                               Lanier
                                                                                                                                           conch
                                                                 Decatur                    Thomas
                                                                                                                                                                                            >
                                                                                Grady                     Imaks
                                                                                                                      Lowncles
                                                                                                                                     Echols




                                                                        so                            100

                                                                       millet



                                                                                                                           -38-












                  DRAFT November 1996                                                         BOUNDARYAND ORGANIZATION


                                                       D. Areas Excluded from the Boundary

                            The jurisdiction of the Georgia Coastal Management Program does not include lands that are
                  subject solely to the discretion of, or held in trust by, the federal govemment. Federal land areas are
                  not subject to the direct management authority of the Management Program and are generally exempt
                  from State permits and other regulation. However, activities occurring on federal lands that affect
                  any land or water use or natural resource of the coastal area must be consistent with the Georgia
                  Coastal Management Program (See Chapter Eight, "Federal Consistency").


                                         TABLE 1: Major Federal Land Holdings in Coastal Georgia

                  1.        Savannah National Wildlife Refuge..
                                                                                                            -Chatham /Effingham,
                            Department of the Interior, U.S.Fish and Wildlife                11328.8   acres
                                                                                           Service:
                  2.        Wassaw National Wildlife Refuge.,                                               Chatham
                            Department of the Interior,. U.S. Fish and Wildlife Service,                   10049.0
                  3.        Hunter Army Airfield.:.
                                                                                                        Chatham
                            Department of Defense:,U.S. Army:								53720.0

                  4.        Fort Pulaski National Monument									Chatam
                                                                                                             5365.0                 . ... .. . . ....
                            Department,of the:lnterior National Park Service                              
                                                                                                                       acres

5. Fort Stewart Army Base		Bryan/Liberty /Long
   Department of Defense U.S Army         280279.0 acres

6. Harris Neck National Wildlife Refuge			McIntosh
Depatment of the Interior, U.S Fish and Wildlife Service  2691.3

7. Blackbeard National Wildlife Refuge		McIntosh
Department of the Interior U.S Fish and Wildlife Servic 5617.6

8. Wolf Island National Wildlife Refutge		McIntosh
Department of the Interior U.S Fish and Wildlife Service 5125.8

9. Fort Frederica National Monument	Glynn
Department of the Interior, National Park Servi e 210.7

10.Federal Law Enforcement Training Center		Glynn
Department of the Treasury				1525.6 acres

11.Cumberland Island National Seashore		Camden
Department of the Interior National Park Service 12688.0 acres

12. Kings Bay Naval Submarine Base		Camden
Department of Defense, U.S Navy		16250.0 acres

13. Okefenokee National Wildlife Refuge		Charlton
Department of the Interior U.S. Fish and Wildlife Service 178776.7



-39-










                  CHAPTER FOUR                                                                        DRAFT November 1996


                                    FIGURE 4.2: Major Federal Land Holdings in Coastal Georgia






                                                                                   Effingham


                                                                                                                Savannah National
                                                                                                                        Wildlife Refuge




                                                                                                                      Fort Pulaski
                                   Ft. Stewart Military                       B  an             Chatham                  National Monument
                                           Reservation                                                                Hunter Army Airfield

                                                                                                                              National
                                                                             Liberty                                    Wildlife Refuge


                                                                  Long

                                                                                                        Harris Neck National Wildlife Refuge
                                                         Wayne                 McIntosh                 Blackbeard National Wildlife Refuge


                         Okefenokee National                                                           Wolf Island National Wildlife Refuge
                          Wildlife Refuge                               Glynn                          Fort Fredenca National Monument
                                  and
                          Wilderness Area           Brantley                                   Federal Law Enforcement Training Center




                                                  Chariton
                                                                    Camden                 Cumberland Island National Seashore


                                                                                          Kings Bay Naval Submarine Base






                                                                      0                  25                50


                                                                                       Miles



                                                                         -40-











              DRAFT November 1996                                         BOUNDARYAND ORGANIZATION



                                                        SECTION 11:
                                        PROGRAM IMPLEMENTATION --
                        STATE AUTHORITIES, NETWORK, AND PROCEDURES


                                         A. State Legal Authorities and Networking

                      Administered by the Department of Natural Resources Coastal Resources Division, the
              Georgia Coastal Management Program is implemented and enforced through State laws, rules and
              regulations, and programs. The Coastal Management Program is a networked program which relies
              on existing authorities to execute the full range of policies and management techniques identified
              as necessary for coastal management purposes. Each party exercising statutory authority that is part
              of the Program is bound to conformance with relevant policies by State law, and management
              techniques through a Memorandum of Agreement.

                      The Coastal Resources Division has the direct authority over certain programs and permits.
              Additional authorities necessary to implement the networked Coastal Management Program are
              administered by other State agencies as described in Chapter Five. Memoranda of Agreement
              between agencies help ensure cooperation and coordination of activities. Regular interagency
              meetings provide an open forum for communication. Coastal Resources Division staff provides
              technical assistance to cooperating agencies to ensure their full understanding of the Georgia Coastal
              Management Program. This section describes the direct permit authorities and the networked
              authorities of the Georgia Coastal Management Program. It also explains the administration of
              program authorities and describes the interagency coordination process.

                      Created through the Georgia Coastal Management Act (O.C.G.A. 12-5-260), the legal
              framework for the Georgia Coastal Management Program involves three methods of implementation.
              First, the Coastal Resources Division, through the Shore Protection Committee and the Coastal
              Marshlands Protection Committee, has direct perniitting authority for any alteration within the
              jurisdictions of the Shore Protection Act (O.C.G.A. 12-5-230) and the Coastal Marshlands Protection
              Act (O.C.G.A. 12-5-280). The Division also has permitting authority under the Revocable License
              Program (O.C.G.A. 50-16-61) and the Section 401 Water Quality Certification (O.C.G.A. 12-5-20
              and DNR Rule 391-1-1-.02). Second, all agencies currently exercising regulatory authority within
              the coastal area are networked through Memoranda of Agreement. Third, authorized agencies patrol
              and enforce applicable laws, rules, and regulations within the eleven-county coastal area.
              Interagency meetings help coordinate these legal activities.







                                                              -41-











                CHAPTER FOUR                                                                DRAFT November 1996



                1. Coastal Resources Division: Direct Permitting Authori


                        Specific areas of the coastal environment are more vulnerable to the effects of human
                activities than others. These environmentally-sensitive areas of Georgia's coast include the beaches,
                dynamic dune fields, submerged shoreline lands, salt marshlands, all tidally-influenced waters, and
                tidal water bottoms. The Coastal Resources Division, through the Coastal Marshlands Protection
                Committee and the Shore Protection Committee, has direct authority to issue permits for any
                alterations of these environmentally critical areas.



                a. Coastal Marshlands Protection Act


                        The Coastal Resources Division, through the Coastal Marshlands Protection Committee, has
                the direct authority to permit or deny any alteration to, or construction on or over, the marshlands
                or water bottoms within the estuarine area of the State.


                        The Coastal Marshlands Protection Act states:


                        No person shall remove, fill, dredge, drain, or      otherwise alter any marshlands or
                        construct or locate any structure on or over marshlands in this state within the estuarine
                        area thereof without first obtaining a permit from the committee or, in the case of minor
                        alteration of marshlands, the Commissioner of the Department of Natural Resources.
                        A permit may authorize the construction or maintenance of the project proposed in the
                        application. After construction, pursuant to a permit, a project may be maintained
                        without a permit so long as it does not alter the natural topography or vegetation at the
                        project site (O.C.G.A. 12-5-286).

                The jurisdiction of the Coastal Marshlands Protection Act encompasses over 700,000 acres and
                includes all salt marsh, as defined by presence of specified vegetation, intertidal areas, mudflats, and
                tidal water bottoms within the estuarine area of the State. The estuarine area of the State is defined
                as all tidally-influenced waters, marshes, and marshlands lying within a tide-elevation range from
                5.6 feet above mean tide level and below.


                        The Coastal Marshlands Protection Act created the Coastal Marshlands Protection
                Committee which is composed of three members: the Commissioner of the Department of Natural
                Resources and two other persons from the coast who are selected by the Board of Natural Resources.
                This committee is empowered to issue all orders and grant, deny, revoke, and amend all permits and
                leases required by the provisions of the Coastal Marshlands Protection Act. The Committee has
                delegated their enforcement authority directly to the Coastal Resources Division.





                                                                   -42-











               DRAFT November 1996                                          BOUNDA R Y A ND ORGA NIZA TION


                      Marinas requiring leases of State-owned marshlands and/or water bottoms require a special
               type of lease as provided by the Coastal Marshlands Protection Act (O.C.G.A. 12-5-287). Marinas
               must apply for a Marina Ixase under the authority of the Coastal Marshlands Protection Committee.
               Marina leases are issued by the Coastal Marshlands Protection Committee.

                      The Coastal Marshlands Protection Act provides both criminal and civil penalties for
               violations of the provisions, rules, and regulations of the Act. The criminal provisions establish any
               violation of the act as a misdemeanor which, in the State of Georgia, carries a penalty of a maximum
               $1,000 fine and/or up to 12 months imprisonment. The civil penalty provisions for violations of the
               act are civil fines not to exceed $ 10,000 for each violation and $ 10,000 for each day such violation
               continues as well as liability for any actual or projected costs and expenses incurred by the State in
               restoring as nearly as possible the natural movement of the waters in the marshlands and replacing
               the vegetation and aquatic life destroyed by the illegal activity. The Coastal Marshlands Protection
               Committee may also issue cease and desist orders for activities in violation of the Coastal
               Marshlands Protection Act.


                      Since 1970, the Coastal Marshlands; Protection Act has well served the intended purpose to
               protect the marshlands. Georgia has about 37% of the remaining salt marsh on the eastern coast of
               the United States. Extensive case law exists, and appeals to the Coastal Marshlands Protection Act
               have been pursued all the way to the State Supreme Court level. All appeals litigated under the
               Coastal Marshlands Protection Act have been resolved in the favor of the State including those
               claiming that the Act constitutes a taking of property.

                      The Coastal Marshlands Protection Act pernut application requirements, permit evaluation
               procedures, and appeals process are explained in Section B of this chapter, "Project Evaluation
               Procedures."



               b. Shore Protection Act


                      The Coastal Resources Division, through the Shore Protection Comrriittee, has the direct
               authority to permit or deny any alteration to, or construction on or over, the dynamic dune fields and
               submerged shoreline lands of the state.

                      The Georgia General Assembly enacted the Shore Protection Act in 1979. The jurisdiction
               of the Shore Protection Act includes the beaches and dynamic dune fields located on Georgia's
               barrier islands and the submerged shoreline lands adjacent to such beaches and dynamic dune fields
               extending seaward to the limit of the State's jurisdiction in the Atlantic Ocean. The landward
               boundary of the jurisdiction is defined as the first occurrence of either a live native tree 20 -feet in
               height or greater or of a structure existing on July 1, 1979.


                                                                -43-






                                                                                                                                               0




                 CHAPTER FOUR                                                                     DRAFT November 1996

                                                                                                                                               0
                          The Shore Protection Act, in Code Section 12-5-237, states:


                          (a)     No person shall construct or erect any structure or construct, erect, conduct, or
                          engage in any shoreline engineering activity or engage in any land alteration which alters
                          the natural topography or vegetation of any area within the jurisdiction of this part,
                          except in accordance with the terms and conditions of a permit therefore issued in
                          accordance with this part. A permit may authorize the construction or maintenance of
                          the project proposed in an application. After construction of a project pursuant to a
                          permit, the project may be maintained without a permit so long as it does not further
                          alter the natural topography or vegetation of the site or increase the size or scope of the
                          project.                                                                                                             0


                          (b)     No permit shall be required for a structure, shoreline engineering activity, or land
                          alteration which exists as of July 1, 1979, provided that a permit must be obtained for
                          any modification which will have a greater adverse effect on the sand-sharing system
                          or for any addition to or extension of such shoreline engineering activity, structure, or
                          land alteration; provided, further, that, if any structure, shoreline engineering activity,
                          or land alteration is more than 80 percent destroyed by wind, water, or erosion as
                          determined by an appraisal of the fair market value by a real estate appraiser certified
                          pursuant to Chapter 39A of Title 43, a permit is required for reconstruction.


                The Shore Protection Act also makes unlawful the operation of any motorized vehicle or other
                motorized machine on, over, or across the dynamic dune field or beaches except as authorized by
                the permit issuing authority. The storage or parking of sailboats, catamarans, or other commercial
                or recreational marine craft in any dynamic dune field is prohibited without proper authorization.

                          The Shore Protection Act created the Shore Protection Committee which is composed of
                three members: the Commissioner of the Department of Natural Resources and two other persons
                appointed by the Board of Natural Resources. This committee is empowered to issue all orders and
                grant, deny, revoke, modify, suspend, and amend all permits required by the provisions of the Shore
                Protection Act.


                          The Shore Protection Committee may issue cease and desist orders for activities in violation
                of the Shore Protection Act and require corrective action to return the sand dunes, beaches, and
                submerged lands to their condition prior to the violation. The Shore Protection Act establishes civil
                penalties for violations of the provisions, rules, and regulations in the form of monetary fines up to
                $10,000 for each violation and $10,000 for each day such violation continues. Any actual or
                projected costs and expenses incurred by the State in restoring the natural topography of the sand-
                sharing system and replacing the vegetation destroyed by an illegal alteration of the dynamic dune
                field or submerged lands are recoverable in civil actions. Violations of the provisions which prohibit
                the operation of motorized vehicles on or over the dynamic dune fields or beaches and the provisions
                prohibiting the parking or storing of marine craft in the dune field are misdemeanors under Georgia                            0
                law and carry a maximum penalty of $1000 fine and/or 12 months imprisonment.

                                                                      -44-



                                                                                                                                               0







0




               DRAFT November 1996                                          BOUNDARYAND ORGANIZATION

0
                       The Shore Protection Act has legally protected Georgia's beach and dune areas since 1979.
               The importance of the Act is evident when considering that over 80% of Georgia's beach and dune
               areas are located on undeveloped barrier islands where human activities have not extensively altered
               the natural sand-sharing system. Extensive case law exists that supports the provisions of the Shore
               Protection Act. The courts have determined that the provisions of the Shore Protection Act do not
               constitute a taking of property.

                       The Shore Protection Act permit application requirements, permit evaluation procedures, and
               appeals process are explained in Section B of this part, "Project Evaluation Procedures."



               c. Revocable License Program

                       The Coastal Resources Division has the direct authority to issue Revocable Licenses. Section
               50-16-61 of the Official Code of Georgia Annotated establishes the State's authority to require a
               Revocable License for encroachment upon State-owned lands, and establishes the Governor's
               responsibility to protect State-owned lands. Based on Old English Common Law that provides
               owners of land adjacent to water the riparian rights of access to such water, this authority requires
               a Revocable License that grants permission for property owners to transgress on State-owned lands
               and water bottoms in order to facilitate riparian access. The license does not convey any rights, title,
               estate, interest, or easement with regard to the licensed premises. The license merely provides the
               licensee a privilege subject to revocation, cancellation, or termination at the pleasure of the State.

                       The Coastal Resources Division has the authority to issue, to deny, and to repeal the
               Revocable License required for projects that encroach on State-owned lands and tidal water bottoms
               within the coastal area. The authority to issue Revocable Licenses is delegated to the Coastal
               Resources Division by the Governor, through the Commissioner of the Department of Natural
               Resources.


                       Permit applications pursuant to the Coastal Marshlands Protection Act can serve as joint
               applications for a Revocable License. Although private docks are exempt from the requirements of
               the Coastal Marshlands Protection Act, they do require a Revocable License when they occur over
               State-owned water bottoms. The Revocable License provides the Coastal Resources Division a
               mechanism to address the issue of cumulative environmental and aesthetic impacts resulting from
               the proliferation of private docks within specific areas. The Revocable License also provides the
               State authority over other activities such as pipelines, power lines, mooring dolphins, bridges, and
               other activities that require the use of the water bottoms of the State. The requirement for a
               Revocable License applies unless an original King's land grant can be demonstrated.





                                                                -45-











                CHAPTER FOUR                                                              DRAFT November 1996


                        Although recreational docks are exempt from the requirement for Marsh Permits under the
                Coastal Marshlands Protection Act, they do require a State Programmatic General Permit. The
                administration of this permit has been delegated to the Coastal Resources Division by the Army
                Corps of Engineers to minimize paperwork and decrease the time required for issuance of the permit.
                A State Programmatic General Permit for the construction of recreational docks can be obtained in
                conjunction with a Revocable License. The application and review criteria are similar and a joint
                application is more efficient.

                        The Revocable License application requirements and evaluation procedures are explained
                in Section B of this part, "Project Evaluation Procedures."


                d. Section 401 Water Quality Certification

                        The Georgia Water Quality Control Act (O.C.G.A. 12-5-20) designates the Environmental
                Protection Division of the Georgia Department of Natural Resources as the State agency authorized
                to regulate water quality control program. The Environmental Protection Division has delegated the
                Section 401 Water Quality Certification to the Coastal Resources Division for projects within the
                coastal area. The intent of the Section 401 Water Quality Certification, created through the Federal
                Water Pollution Control Act, as amended (the Clean Water Act), is to provide states with the ability
                to review and to control the type of federal licenses or permits issued within the boundaries of the
                state. Therefore, any federal license or pen-nit issued by a federal agency that may result in a
                discharge to the waters of the United States is required to receive the applicable Section 401 Water
                Quality Certifications from the state before it is valid. The waters of the United States include rivers,
                streams, lakes, and wetlands.


                        The Environmental Protection Division has delegated the administration of the Section 401
                Water Quality Certification for federal licenses or permits issued for activities within the eleven-
                county coastal area to the Coastal Resources Division. This change in administration allows the
                Coastal Resources Division to monitor permitted activities and to ensure that permitted activities are
                consistent with Georgia Coastal Management Program policies.

                        Examples of federal permits requiring a Section 401 Water Quality Certification are the
                following:










                                                                 -46-











              DRAFTNovember 1996                                         BOUNDARYAND ORGANIZATION


                      ï¿½ Clean Water Act, Section 404 Wetlands Dredge and Fill Permits
                      ï¿½ Federal Energy Regulatory Commission Permits for Hydro Power Projects
                      ï¿½ Sections 9 and 10, Rivers and Harbors Act of 1899
                      ï¿½ Coast Guard Permits for Bridges Spanning Navigable Waters
                      - Certain Nationwide and State Programmatic General Permits
                      ï¿½ Any other applicable federal licenses or permits.

              Through the administration of the Section 401 Water Quality Certification Program within the
              coastal area, the Coastal Resources Division has review authority over a variety of activities. The
              Coastal Resources Division receives completed federal permit and license applications from the
              appropriate agency. Each federal permit or license application undergoes a comprehensive review
              process and, based upon applicable state laws, policies, rules and regulations, the staff formulates
              a decision on the permit or license's conformance with the Georgia Coastal Management Program.
              The staff works with federal agencies and applicants to modify any aspects of a project that are
              inconsistent with the Georgia Coastal Management Program. Technical assistance is available to
              federal agencies and applicants to ensure that the requirements of the Georgia Coastal Management
              Program are clear and that any projects within the coastal area are conducted in the best possible
              manner.


                      As described in this section, the direct permitting authorities administered by the Coastal
              Resources Division are the Coastal Marshlands Protection Act, the Shore Protection Act, the
              Revocable License Program, and the Section 401 Water Quality Certification program. The
              remaining authorities are networked through other State agencies and programs. These authorities
              are described in the following section.


              2. State Agency Coordination: Networking Through Memoranda of AUeemen

                      The Georgia Coastal Management Program is a networked program relying on a number of
              State agencies to implement and enforce coastal resource policies. The Coastal Resources Division,
              lead agency for the Georgia Coastal Management Program, functions within this network to
              coordinate activities among agencies. This coordination is formalized through Memoranda of
              Agreement (MOAs) signed between the Coastal Resources Division and agencies exercising State
              statutory authority within the coastal area. The effect of this networking process is to unify the
              implementation and enforcement of individual authorities into a comprehensive framework. This
              framework creates a comprehensive management program to assess and control the direct and
              significant impacts of activities on coastal land and water resources.






                                                              -47-











                CHAPTER FOUR                                                                DRAFT November 1996


                a. Agencies Networked Through Memoranda of Agreement

                        A number of State agencies exercise statutory permitting and/or planning/management
                authority for activities with direct and significant impacts within the coastal area. Responsible
                agencies include:

                        ï¿½ DNR Environmental Protection Division               - Georgia Port Authority
                        ï¿½ DNR Wildlife Resources Division                     - Department of Transportation
                        ï¿½ DNR Parks & Historic Sites Division                 - Georgia Forestry Commission
                        ï¿½ DNR Historic Preservation Division                  - Public Service Commission
                        ï¿½ DNR Public Health Division                          - Department of Community Affairs
                        ï¿½ Secretary of State                                  - Georgia Farm Bureau
                        ï¿½ Jekyll Island Authority

                Memoranda of Agreement have been implemented with these agencies to coordinate the permit and
                regulatory activities cited in the following list.

                Georgia Department of Natural Resources -- Environmental Protection Division
                        ï¿½ Permit for air emissions (Georgia Air Quality Control Act)
                        ï¿½ Permit for solid waste disposal facilities siting, design, construction, and operation (Georgia
                        Comprehensive Solid Waste Management Act)
                        o Permit for hazardous waste facility construction and operation (Georgia Hazardous Waste
                        Management Act)
                        e Permit for ground-water withdrawal in excess of 100,000 gallons per day (Ground-water Use
                        Act)
                        * Permit for surface water withdrawal, diversion, or impoundment in excess of 100,000 gallons
                        per day (Georgia Water Quality Control Act)
                        * Permit for wastewater systems disposing sewage, industrial wastes, or other wastes into any
                        waters of the State (Georgia Water Quality Control Act)
                        ï¿½ Permit for public water systems (Georgia Safe Drinking Water Act)
                        ï¿½ Permit for surface mining operations (Georgia Surface Mining Act)
                        ï¿½ Permit for drilling for exploration or production of oil and gas, any well for exploration or
                        production of other minerals greater than 1800 feet in depth, or any well for exploration or
                        production of any mineral located within the coastal area which is drilled to a depth sufficient
                        to penetrate the fresh water aquifer system (Oil and Gas and Deep Drilling Act)
                        o Permit for any land change that may result in soil erosion from water or wind and the
                        movements of sediments into state waters (Georgia Erosion and Sedimentation Act)
                        * Permit for construction, operation, or removal of certain dams and artificial barriers that
                        impound or divert water (Georgia Safe Dams Act)
                        o Permit for certain municipal and industrial storm water discharges (delegated by EPA       Federal
                        Clean Water Act)
                        e National Pollutant Discharge Elimination System (NPDES) permits (delegated by EPA          Federal
                        Clean Water Act)




                                                                  -48-











                DRAFT November 1996                                             BOUNDARYAND ORGANIZATION



                          Section 401 Water Quality Certification pursuant to the Federal Clean Water Act -- delegated
                        to the Coastal Resources Division by the Environmental Protection Division for those activities
                        located within the coastal area
                        9 Management authority for state-wide program regulating design, construction, installation,
                        and substances stored in underground tanks (Georgia Underground Storage Tank Act)
                        * Authority for oil or hazardous material spills notification requirements and clean up procedures
                        (Oil or Hazardous Materials Spills or Releases - O.C.G.A. Title 12, Chapter 14)


                Georgia Department of Natural Resources -- Parks, Recreation, and Historic Sites Division
                          Permit to recognize scientific institutions or qualified individuals to conduct field archeological
                        research on state properties (O.C.G.A. 12-3-52)
                        0 Permit for investigation, survey, or recovery operations of submerged cultural resources
                        (O.C.G.A. 12-3-82)
                        9 Authority to construct, maintain, operate, and control uses of all State parks and historic sites
                        in the State (O.C.G.A. Title 12, Chapter 3)
                        * Authority to identify and plan a scenic trails system, to acquire land, and to construct,
                        manage, and maintain the system (O.C.G.A. 12-3-110)

                Georgia Department of Natural Resources -- Historic Preservation Division
                        e Responsible for: establishing, maintaining, and expanding an inventory and register of historic
                        places in the State known as the Georgia Register of Historic Places which shall include all
                        properties listed in the National Register of Historic Places pursuant to the National Historic
                        Preservation Act; conducting a survey of historic and archeological resources; reviewing all
                        federally funded, licensed, or permitted projects in Georgia for effects to historic resources; and
                        conducting information and education programs (O.C.G.A. 12-3-50.2)

                Georgia Department of Natural Resources -- Wildlife Resources Division
                             Registration of any person engaged in aquaculture activities (Georgia Aquaculture
                        Development Act)
                        * Responsible for the protection of the State's natural wildlife resources through promulgation,
                        administration, and enforcement of laws, rules, and regulations pertaining to hunting, fishing,
                        boating, endangered species, and litter control (O.C.G.A. Title 27, Chapters 1-5 and Title 52,
                        Chapter 7)
                        e Authority to acquire, manage, operate, and control uses of Wildlife Management Areas and
                        Public Fishing Areas (O.C.G.A. Title 27, Chapter 1)

                Georgia Department of Human Resources -- Through County Health Departments
                        * Authority to promulgate state-wide minimum standards for individual sewage management
                        systems (septic tanks) for adoption and enforcement by each county board of health (O.C.G.A.
                        Title 31)


                Office of Secretary of State
                        e License to dig, mine, or remove phosphate deposits from the navigable streams or waters of
                        the State, or from any public lands on the banks or margins thereof (O.C.G.A. 12-4-100)

                Jekyll Island Authority
                           Authority to manage and control uses of Jekyll Island (O.C.G.A. 12-3-232)


                                                                    -49-











                CHAPTER FOUR                                                               DRAFT November 1996



                Georgia Ports Authority
                        9 Authority to acquire, construct, maintain, operate, develop, and manage the port facilities and
                        harbors of the State (O.C.G.A. 52-2-4)


                Georgia Department of Transportation
                        e Responsible for the systematic planning, construction, maintenance, and operation of the
                        State highway system (O.C.G.A. Title 32)

                Georgia Forestry Commission
                        0  Responsible for the management of State forests and woodlands and with advising and
                        cooperating with private land owners in the promotion of forest management practices
                        (O.C.G.A. Title 12, Chapter 6)

                Georgia Public Service CommIssion
                        * Regulates railroads, public transit systems, telephone and telegraph companies, and gas or
                        electric light and power companies in the State (O.C.G.A. Title 46).
                Georgia Department of Community Affairs --                                                                           0
                        Coastal Georgia Regional Development Center
                        Altamaha-Georgia Southern Regional Development Center
                        Southeast Georgia Regional Development Center
                         0  Responsible for assisting local governments in meeting the requirements of the Georgia
                        Planning Act including the process for reviewing proposed development projects likely to create
                        regional impacts (O.C.G.A. Title 50, Chapter 8)



                b. Description of Agreements

                        Memoranda of Agreement (MOAs) have been negotiated among the State agency participants
                in the Georgia Coastal Management Program network. These MOAs are used to coordinate the
                relevant authorities of State agencies, thus establishing the cooperative networking process necessary
                to implement and enforce the Program. Participating agencies recognize that the Program is based
                upon State laws, rules, and regulations, and that coordination of activities helps maximize resources
                and improve coastal management. Each agency administers its coastal resource protection
                responsibilities as designated by Georgia State law, and cooperates with the Coastal Resources
                Division to implement Program policies. In return, the Coastal Resources Division provides
                information and technical assistance to agencies and to permit applicants about the networked
                program, and may provide additional enforcement of Georgia law. The Coastal Resources Division
                also hosts a monthly interagency meeting to air issues and discuss activities and permit applications.
                A sample Memorandum of Agreement (Draft Form) is provided on the following page.







                                                                  -50-











               DRAFTNovember 1996                                             BOUNDARYAND ORGANIZATION


                                        FIGURE 4.3: Draft Memorandum of Agreement



                                                          DISCUSSION DRAFT
                                                   MEMORANDUM OF AGREEMENT


                                                                between


                                         GEORGIA DEPARTMENT OF NATURAL RESOURCES
                                                   COASTAL RESOURCES DIVISION


                                                                   and


                                         GEORGIA DEPARTMENT OF NATURAL RESOURCES
                                              ENVIRONMENTAL PROTECTION DIVISION



                        This memorandum constitutes an agreement between the Coastal Resources Division and the
               Environmental Protection Division of the Georgia Department of Natural Resources concerning
               implementation of a program to balance economic development in Georgia's coastal area with
               preservation of natural, environmental, historic, archeological, and recreational resources for the benefit
               of Georgia's present and future generations. This agreement is based upon each Division's statutory
               and regulatory authorities and commitment to appropriate planned development and conservation of
               Georgia's coastal resources.

                        The Georgia Department of Natural Resources, Coastal Resources Division has been designated
               by the Governor of the State of Georgia as the lead Department and Division to develop and implement
               the State's Coastal Management Program (O.C.G.A. 12-5-260). Therefore, the Coastal Resources
0              Division is responsible for developing and implementing a comprehensive coastal management program
               for the eleven-county coastal area of Georgia as set forth in the Coastal Management Program
               document. The eleven counties that comprise the coastal area of Georgia are: Effingham, Chatham,
               Bryan, Liberty, Long, McIntosh, Wayne, Glynn, Brantley, Camden, and Charlton counties.

0                       The Coastal Resources Division has the responsibility for administering the Coastal Marshlands
               Protection Act, the Shore Protection Act, the Revocable License Program, and State Programmatic
               General permits for recreational docks; for educating the general public about conservation of resources
               in the coastal area; and for programs for coastal fisheries resources management, and others. The
               Environmental Protection Division has the responsibility to administer State law, rules, and regulations
               for the protection of the environment throughout Georgia including surface waters, underground waters,
0              and air. These responsibilities may be accomplished by issuance and enforcement of regulations, and
               issuance of permits, certifications, or variances.


                        This agreement sets out the terms of the relationship between the Coastal Resources Division,
               hereinafter referred to as CRD, and the Environmental Protection Division, hereinafter referred to as EPD,
               in connection with the State's fulfillment of the it's responsibilities under the Coastal Management
0              Program.


                                                                  -51-




0











                CHAPTER FOUR                                                                DRAFT November 1996



                1. Goals, Objectives, and Standards


                        To the extent consistent with their respective statutory authorities and responsibilities, EPD and
                CRD agree to cooperate and coordinate their respective regulatory efforts in a manner consistent with
                the policies, goals, and objectives of the Coastal Management Program. These goals and objectives
                include the following:

                        (1) The goals and standards of the federal Clean Water Act as implemented by the Georgia
                        Water Quality Control Act, the Georgia Safe Drinking Water Act, and others; and

                        (2) The goals and standards of the federal Clean Air Act as implemented by the Georgia Air
                        Quality Act.


                        (3) The goals and objectives of the Coastal Marshlands Protection Act, the Shore Protection
                        Act, and other laws regulating land disturbing activities in the coastal area.



                11. Specific Functions to be Coordinated


                1. Water Quality Resources Management and Regulation

                        Pursuant to the Official Code of Georgia Annotated, Article 1, Section 12-2-2, EPD is responsible
                for the State's water quality management; for regulating discharges into the waters of the State; and
                for permitting activities. In carrying out this responsibility, EPD is charged with ensuring water quality
                that conserves, preserves, and allows for proper uses; and for protecting public health; including
                administration of Section 401 of the federal Clean Water Act, Water Quality Certification. The
                administration of Section 401 Water Quality Certification includes the following:

                        -- Review and certification of any and all applications for a federal license or permit to conduct            0
                        any activity including, but not limited to, the construction or operation of facilities, which may
                        result in any discharge into the navigable waters of the United States in Georgia, to ensure that
                        any such discharge will be regulated to comply with the applicable provisions of the federal
                        Clean Water Act; and for


                        By way of this memorandum, CRD and EPID shall cooperate and coordinate their efforts to
                ensure that the administration of the Section 401 Water Quality Certification program within the eleven
                counties that constitute the coastal area of Georgia is consistent with the Coastal Management Program.
                EPD shall retain administrative responsibility of this program throughout Georgia. EPD and CRD shall
                consult and coordinate responsibilities to ensure administration of this program within the coastal area
                shall be consistent with the administration of this program throughout the remainder of Georgia. The
                purpose of this agreement is to reduce administrative overlap and to make administrative procedures
                more efficient, since CRD already implements similar programs in the coastal area of Georgia, such as
                the Coastal Marshlands Protection Act.








                                                                 -52-











              DRAFT November 1996                                          BOUNDARY AND ORGANIZATION



              2. Project Evaluation, Interagency Task Force, and Review Procedures

                      EPD implements permit-related activities that may affect the land, air, and water resources of
              the State. By way of this memorandum, a copy of any application submitted to EPD for a license or
              permit that may affect such resources of the coastal area, is to be forwarded to CRID for review. The
              review by CRD is to be conducted simultaneously with any review by EPD and is to be conducted to
              ensure that any activity subject to permit is performed in a manner consistent with the laws, rules, and
              regulations as stated in the Coastal Management Program Document.

                      By way of this memorandum, CRD will organize monthly meetings of all State and federal
              permitting agencies and divisions having jurisdiction within the coastal area. A representative from EPD
              shall be invited and urged to attend these meetings. The purpose of the meetings is to foster consistent
              and efficient coordination, review, and administration of permits and licenses. New applications for
              permits shall be reported and discussed at these meetings, as appropriate, and concurrent application
              review shall be reported by and for the other agencies and divisions present.


0             111. Appeal Procedures

                      The applicant for any permit activity has the right to the appeals process defined for the
              applicable permit or license. For example, any decisions involving permits of the Coastal Marshlands
              Protection Act, the Shore Protection Act, or the Water Quality Control Act where any person who is
              aggrieved and adversely affected by any order or action, may petition within 30 days of issuance of
              such order or taking of such action for a hearing before an administrative law judge. The hearing before
              the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia
              Administrative Procedures Act." The decision of the administrative law judge shall constitute the final
              decision and any party to the hearing shall have the right of judicial review thereof in accordance with
              Chapter 13 of Title 50.



              IN WITNESS WHEREOF, the contents of         this memorandum of agreement have been accepted and
              approved by the Department of Natural       Resources, Environmental Protection Division and Coastal
              Resources Division this         day of         1997.




              Lonice C. Barrett, Commissioner                         Date
              Georgia Department of Natural Resources




              Duane Harris, Director                                  Date
              Coastal Resources Division




              Harold Reheis, Director                                 Date
              Environmental Protection Division


                                                               -53-











                CHAPTER FOUR                                                            DRAFT November 1996



                                    B. Project Evaluation Procedures of State Authorities

                       The Coastal Resources Division implements the Georgia Coastal Management Program
                through direct permitting authorities and through Memoranda of Agreement as described in the
                previous section. The Division hosts regular interagency meetings to coordinate project evaluation
                among agencies. In addition, the Division reviews permit applications made to federal agencies to
                ensure that issuance of such permits is consistent with the Georgia Coastal Management Program.
                Finally, the Division provides technical assistance to ameliorate the permitting process.

                       This section describes the permit application evaluation process for activities within the
                jurisdictions of the Coastal Marshlands Protection Act and the Shore Protection Act, the issuance
                of the Revocable License required for activities encroaching upon State-owned water bottoms, and
                the issuance of Section 401 Water Quality Certifications. Procedures for federal consistency review
                are described in Chapter Eight.

                       A key component of the project evaluation procedure is the project review service available
                to interested parties, and the interagency coordination meetings. The Coastal Resources Division
                encourages people and agencies to take advantage of the technical expertise within the Division
                through participation in the project review service and the interagency meetings. These benefits are
                also described in part 4, "Technical Assistance for Project Development."



                1. General Proiect Review Procedure


                       For the direct permitting application procedures as well as the federal consistency procedures
                explained in Chapter Eight, the Coastal Resources Division staff has a regular, established process
                for project review. Each staff member with review responsibility completes an evaluation sheet for
                each permit application or review and certification project. This evaluation becomes part of the
                permanent application file.

                       Evaluations are made by biologists, planners, engineers, or other professional staff. The
                evaluation sheets require that information be compiled and issues addressed to develop a
                comprehensive review of each project, including project description, site analysis, applicable
                program policies, rules and regulations, and possible impacts of the proposal on coastal land or water
                resources. On-site inspections are made by professional staff for all project proposals within the
                direct permitting authority of the program and for projects requiring review.

                       Staff reviewing projects hold regular meetings to discuss all direct permit applications and
                review projects at or near completion before permit or certification decisions are made. In addition,
                staff may discuss pending projects at interagency meetings.


                                                               -54-











              DRAFT November 1996                                           BO UNDA R Y AND ORGA NIZA TION


              2. Project Evaluation Procedures: Direct Permitting Authorities

                       The procedures for obtaining permits required by the Coastal Marshlands Protection Act and
              Shore Protection Act, for obtaining a Revocable License, and for a Section 401 Water Quality
              Certification are explained in this section. All of these permits and licenses are issued directly by
              the Coastal Resources Division through the Coastal Marshlands Protection Committee, the Shore
              Protection Committee, or Division staff.


                       The Coastal Resources Division encourages the submission of development plans for
              preliminary review by staff, and assists in expediting the filing of applications for all necessary
              permits. Applications for Coastal Marshlands Protection Act permits, Shore Protection Act permits,
              Revocable Licenses, and Section 401 Water Quality Certification are filed with the Coastal
              Resources Division staff.



              a. Coastal Marshlands Protection Act Permits


                       Activities that require a permit pursuant to the Coastal Marshlands Protection Act also
              require a Revocable License for use of State-owned lands, and often require a Section 404 permit
              from the Corps of Engineers, Savannah District. Certain projects also require a Section 401 Water
              Quality Certification. The Coastal Resources Division utilizes a joint application form that meets
              the application requirements of the Coastal Marshlands Protection Act, the Corps of Engineers, the
              Revocable License, and the Section 401 Water Quality Certification. Projects that do not meet the
              policies of the Georgia Coastal Management Program are not issued permits.

                       The following portions of sections of the Coastal Marshlands Protection Act enumerate the
              application requirements, public notice requirements, permit conditions, and the appeals process for
              permit applications.


              Code Section 12-5-286 of the Coastal Marshlands Protection Act states:


                       (b)     Each application for such permit shall be, properly executed, filed with the department
                               on forms as prescribed by the department, and shall include:

                               (1)     The name and address of the applicant;
                               (2)     A plan or drawing showing the applicant's proposal and the manner or method
                                       by which such proposal shall be accomplished. Such plan shall identify the
                                       coastal marshlands affected;
                               (3)     A plat of the area in which the proposed work will take place;
                               (4)     A copy of the deed or other instrument under which the applicant claims title to
                                       the property or, if the applicant is not the owner, then a copy of the deed or
                                       other instrument under which the owner claims title together with written


                                                                -55-











                 CHAPTER FOUR                                                                   DRAFT November 1996



                                          permission from the owner to carry out the project on his land. In lieu of a deed
                                          or other instrument referred to in this paragraph, the committee may accept
                                          some other reasonable evidence of ownership of the property in question or
                                          other lawful authority to make use of the property; The committee will not
                                          adjudicate title disputes concerning the property which is the subject of the
                                          application; provided, however, the committee may decline to process an
                                          application when submitted documents show conflicting deeds;
                                  (5)     A list of all adjoining landowners together with such owners' addresses,
                                          provided that if the names or addresses of adjoining landowners cannot be
                                          determined, the applicant shall file in lieu thereof a sworn affidavit that a diligent
                                          search, including, without limitation, a search of the records of the county tax
                                          assessor's office, has been made but that the applicant was not able to
                                          ascertain the names or addresses, as the case may be, of adjoining landowners;
                                  (6)     A letter from the local governing authority of the political subdivision in which
                                          the property is located, stating that the applicant's proposal is not violative of
                                          any zoning law;
                                  (7)     A non-refundable application fee to be set by the board in an amount necessary
                                          to defray the administrative cost of issuing such permit. Renewal fees shall be
                                          equal to application fees, which shall not exceed $1,000.00 for any one
                                          proposal and shall be paid to the department;
                                  (8)     A description from the applicant of alternative sites and why they are not
                                          feasible and a discussion of why the permit should be granted;
                                  (9)     A statement from the applicant that he has made inquiry to the appropriate
                                          authorities that the proposed project is not over a landfill or hazardous waste
                                          site and that the site is otherwise suitable for the proposed project;
                                  (10)    A copy of the water quality certification issued by the department if required for
                                          the proposed project;
                                  (11)    Certification by the applicant of adherence to soil and erosion control
                                          responsibilities if required for the proposed project; and                                         0
                                  (12)    Such additional information as is required by the committee to properly evaluate
                                          the application.


                         (c)      A copy of each application for a permit shall be delivered to each member of the
                                  committee at least seven days prior to any meeting of the committee.

                         (d)      The department, after receipt of an application, shall notify in writing all adjoining
                                  landowners that the application has been received. Such notice shall indicate the use
                                  the applicant proposes to make of the property. Should the applicant indicate that any
                                  adjoining landowner is unknown or that the address of such landowner is unknown, then
                                  the department shall, after receipt of a completed application, cause a notice of the
                                  proposed activity and a brief description of the affected land to be published in the legal
                                  organ of or a newspaper of general circulation in the county or counties in which such
                                  land lies. Cost of such publication shall be paid by the applicant. Should the property
                                  to be affected by the applicant be bordered on any side or on more than one side by
                                  other property of the applicant, the applicant shall supply the names and addresses of
                                  the nearest landowners whose land borders on his land. If the names or addresses, or
                                  both, of the nearest landowners cannot be ascertained, the applicant shall supply a


                                                                     -56-











               DRAFTNovember 1996                                             BO UNDA R Y A ND ORGA NIZA TION



                                sworn statement of diligent search as provided in this Code section. The landowners
                                named by the applicant shall be notified either directly or by advertisement as provided
                                in this Code section. The department may also make inquiry to adjoining landowners
                                to ascertain whether or not there is objection to issuance of a permit.

                       (e)      The committee shall provide public notice of applications by either public notice
                                distributed jointly with the United States Army Corps of Engineers or public notice
                                distributed by the committee. In no instance shall a public notice be issued for less than
                                seven days prior to the meeting at which the committee reviews the subject of the
                                public notice. Public notices will be distributed to all persons who have requested to
                                be placed on the mailing list. Such requests shall be made in writing and shall be
                                renewed in December of each year. Failure to renew the request shall result in the
                                removal of such name from the mailing list.

                       (f)      Whenever there appears to be sufficient public interest, the committee may call a public
                                hearing.
0                      (g)      In passing upon the application for permit, the committee shall consider the public
                                interest, which, for purposes of this part, shall be deemed to be the following
                                considerations:


                                (1)     Whether or not unreasonably harmful obstruction to or alteration of the natural
9                                       flow of navigational water within the affected area will arise as a result of the
                                        proposal;
                                (2)     Whether or not unreasonably harmful or increased erosion, shoaling of channels,
                                        or stagnant areas of water will be created; and
                                (3)     Whether or not the granting of a permit and the completion of the applicant's
                                        proposal will unreasonably interfere with the conservation of fish, shrimp,
0                                       oysters, crabs, clams, or other marine life, or wildlife, or other resources,
                                        including but not limited to water and oxygen supply.

                       (h)      It is the responsibility of the applicant to demonstrate to the committee that the
                                proposed alteration is not contrary to the public interest and that no feasible alternative
                                sites exists. If the committee finds that the application is not contrary to the public
0                               interest and no feasible alternative sites exist, as specified in this subsection, it shall
                                issue to the applicant a permit. Such permit may be conditioned upon the applicant's
                                amending the proposal to take whatever measures are necessary to protect the public
                                interest.


                       (i)      The committee shall act upon an application for permit within 90 days after the
                                application is complete; provided, however, that this provision may be waived upon the
                                written request of the applicant. An application must be complete sufficiently in
                                advance of the committee meeting at which the project will be considered to allow for
                                public notice and evaluation by the department. An application is complete when it
                                contains substantially all of the written information, documents, forms, fees, and
                                materials required by this part.



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                CHAPTER FOUR                                                                 DRAFT November 1996



                        (j)      In the event a majority of the members of the committee determine that a permit should
                                 be denied, the application for permit shall be denied. Any applicant who is aggrieved
                                 or adversely affected thereby shall have the right to appeal as provided in Code Section
                                 12-5-283.


                        (k)      Should a majority of the members of the committee agree that a permit should be
                                 conditional, the permit shall be issued on such conditions as a majority of the committee
                                 directs. Any applicant who is aggrieved or adversely affected thereby shall have the
                                 right to appeal as provided in Code Section 12-5-283.


                        (1)      Every permit shall require that the proposed project be completed within five years after
                                 the date of issuance of the permit and shall expire five years after the date of issuance.
                                 Such time may be extended five additional years upon showing that all due efforts and
                                 diligence toward the completion of the work have been made. Any permit may be
                                 revoked by the committee for noncompliance with or for violation of its terms after
                                 written notice of intention to do so has been furnished to the holder thereof.


                        (m)      A permit to alter marshlands that has been granted by the committee becomes final
                                 immediately upon issuance, but no construction or alteration may commence until the
                                 expiration of 30 days following the date of the committee meeting at which the
                                 application is approved; provided, however, that if a timely appeal is filed, no
                                 construction or alteration may commence until all administrative and judicial proceedings
                                 are terminated.


                        (n)      Issuance of a permit under this part and construction of the permitted project shall not
                                 remove the designated property from the jurisdiction of this part.         All changes in
                                 permitted uses which increase impacts to any land subject to the provisions of this part
                                 must be assessed by the committee to determine if the proposed change is consistent
                                 with this part and the permit. Each permitted alteration of marshlands shall be reviewed
                                 by the department on a five-year basis, or when noncompliance with the purpose for
                                 which the permit was issued is evident, to determine if the use of the marshlands is
                                 consistent with the intent of this part.

                        (0)      All plans, documents, and materials contained in any application for any permit required
                                 by this part shall be made a part of the permit, if granted, and conformance to such
                                 plans, documents, and materials shall be a condition of the permit. No change or
                                 deviation from any such plans, documents, or materials shall be permitted without the
                                 prior notification and approval of the committee.

                        (p)      The permittee shall notify the department of completion of a project within 30 days of
                                 completion.

                        (q)      If, prior to completion of review of an application under this part, the committee receives
                                 notice of the denial of a permit or authorization necessary for the project, review of the
                                 project shall be suspended and, if the denial becomes final, the application shall stand
                                 denied.



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               DRAFT November 1996                                            BOUNDARYAND ORGANIZATION



                       (r)      If an area has both marshlands as defined in Code Section 12-5-282 and dynamic dune
                                fields as defined in Code Section 12-5-232, it shall be subject to the jurisdiction of both
                                such parts. In the event of a conflict between this part and Part 2 of this article, the
                                commissioner shall determine which part shall apply so as to best protect the public
                                interest.




               Code Section 12-5-283 of the Coastal Marshlands Protection Act states:


                       (b)      Any person who is aggrieved or adversely affected by any order or action of the
                                committee shall, upon petition within 30 days after the issuance of such order or the
                                taking of such action, have a right to a hearing before an administrative law judge
                                appointed by the board. The hearing before the administrative law judge shall be
                                conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative
                                Procedure Act" and the rules and regulations adopted by the board pursuant thereto.
                                The decision of the administrative law judge shall constitute the final decision of the
                                board and any party to the hearing, including the committee, shall have the right of
                                judicial review thereof in accordance with Chapter 13 of Title 50.

                       (c)      Persons are "aggrieved or adversely affected" where the challenged action has caused
                                or will cause them injury in fact and where the injury is to an interest within the zone
                                of interests to be protected or regulated by this part. In the event the committee
                                asserts in response to the petition before the administrative law judge that the petitioner
                                is not aggrieved or adversely affected, the administrative law judge shall take evidence
                                and hear arguments on this issue and thereafter make a ruling on this issue before
                                continuing with the hearing. The burden of going forward with evidence on this issue
                                shall rest with the petitioner.


                       (d)      Any permit for minor alteration of the marshlands may be issued by the commissioner
                                based on the recommendations of staff, past committee actions, and the results of
                                public comments. The commissioner may refer the application to the committee to
                                decide on permits for minor alterations that, in his judgment, should receive broader
                                consideration. A committee member may choose to have the full committee decide on
                                permit applications for minor alterations that the member feels should receive broader
                                consideration.


















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                 CHAPTER FOUR                                                                DRAFT November 1996



                 b. Shore Protection Act Pennits


                         The Coastal Resources Division receives applications for permits pursuant to the Shore
                 Protection Act. The staff identifies projects within the jurisdiction of the Shore Protection Act which
                 may also require a Revocable License, a Section 404 permit from the Corps of Engineers, Savannah
                 District, and/or a Section 401 Water Quality Certification issued by the Coastal Resources Division.
                 Projects that do not meet the policies of the Georgia Coastal Management Program are not issued
                 permits.

                         The following portions of sections of the Shore Protection Act enumerate the application
                 requirements, public notice requirements, permit conditions, and the appeals process for permit
                 applications pursuant to the Shore Protection Act.


                 Code Section 12-5-238 of the Shore Protection Act states:


                         All applications for permits required by this part must be on forms prescribed by the permit-
                         issuing authority, must be properly executed, and must include the following:

                         (1)     The name and address of the applicant;
                         (2)     A brief description of the proposed project;
                         (3)     Construction documents showing the applicant's proposed project and the manner or
                                 method by which the project shall be accomplished. Such documents shall identify the
                                 dynamic dune field affected;
                         (4)     A copy of the deed or other instrument under which the applicant claims title to the
                                 property or, if the applicant is not the owner, a copy of the deed or other instrument
                                 under which the owner claims the title together with written permission from the owner
                                 to carry out the project on his land. In lieu of a deed or other instrument referred to in              0
                                 this paragraph, the permit-issuing authority may accept some other reasonable evidence
                                 of ownership of the property in question or other lawful authority to make use of the
                                 property. If all or any part of the proposed construction or alteration shall take place on
                                 property which is owned by the State of Georgia, the applicant shall present an
                                 easement, revocable license, or other written permission from the state to use the
                                 property for the proposed project; in the alternative, the permit-issuing authority may
                                 condition the issuance of the permit on the requirement to obtain written permission
                                 from the state. The permit-issuing authority will not adjudicate title disputes concerning
                                 the property which is the subject of the application; provided, however, that the permit-
                                 issuing authority may decline to process an application when submitted documents
                                 show conflicting deeds;
                         (5)     A plat showing the boundaries of the proposed project site;
                         (6)     The names and addresses of all landowners of property adjoining or abutting the parcel
                                 of land on which the proposed project is to be located. If the property to be altered is
                                 bordered on any side by other property of the applicant, the applicant shall supply the
                                 names and addresses of the nearest landowners, other than the applicant, of property
                                 adjoining the applicant's property. If the applicant cannot determine the identity of


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               DRAFT November 1996                                               BOUNDARYAND ORGANIZATION



                                adjoining landowners or their addresses, the applicant shall file in lieu thereof an affidavit
                                stating that a diligent search, including a search of the records of the county tax
                                assessor's office, has been made but that the applicant was not able to ascertain the
                                names or addresses of adjoining landowners;
                        (7)     An application fee in such reasonable amount as is designated by the permit-issuing
                                authority or, if the committee is the permit-issuing authority, a non-refundable
                                application fee as set by the board which reflects the cost to the department to evaluate
                                the application. Fees for the renewal of a permit shall be equal to the application fee.
                                Application fees shall not exceed $1,000.00 for any one proposal. If the committee is
                                the permit-issuing authority, such fees shall be paid to the department;
                        (8)     Site plans for the proposed project site showing existing and proposed streets, utilities,
                                buildings, and any other physical structures;
                        (9)     A certification by a registered architect or engineer licensed by this state certifying that
                                all proposed structures, if any, for which the permit is applied are designed to meet
                                suitable hurricane-resistant standards;
                        (10)    Any and all other relevant data required by the permit-issuing authority for the purposes
                                of ascertaining that the proposed improvements, activities, and uses will meet the
                                standards of this part;
                        (111)   A certificate or letter from the local governing authority or authorities of the political
                                subdivision in which the property is located stating that the applicant's proposal is not
                                violative of any zoning law; and
                        (12)    A statement from the applicant that he has made inquiry to the appropriate authorities
                                that the proposed project is not over a landfill or hazardous waste site and that the site
                                is otherwise suitable for the proposed project.



               Code Section 12-5-239 of the Shore Protection Act states:


                        (a)     The permit-issuing authority shall take action on each permit application within 90 days
                                after the application is completed; provided, however, that this provision may be waived
                                upon the written request of the applicant. An application is complete when it contains
                                substantially all of the written information, documents, forms, fees, and materials
                                required by this part. An application must be completed sufficiently in advance of the
                                permit-issuing authority meeting at which the project will be considered to allow for
                                public notice and evaluation by the permit-issuing authority.

                        (b)     After receipt of a completed application and at least 30 days prior to acting on the
                                application, the permit-issuing authority shall notify all persons identified by the
                                applicant as owning land adjacent to the location of the proposed project and to all
                                persons who have filed a written request with such permit-issuing authority that their
                                names be placed on a mailing list for receipt of such notice. Any person desiring to be
                                placed on such mailing list must so request in writing and renew such request in
                                December of each year. The name of any person who has not renewed such request
                                shall be removed from the list. The landowners who-have not requested to be placed
                                on a mailing list shall be notified in writing if their addresses are known. Such notice
                                shall be in writing and shall include a general description of the proposed project and its


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                CHAPTER FOUR                                                                 DRAFT November 1996



                                 location. The applicant shall post such notice in a conspicuous place on the subject
                                 property at or prior to the time the permit-issuing authority issues public notice of the
                                 application. If the applicant has filed an affidavit that the names or addresses of the
                                 adjoining landowners were not ascertained after a diligent search, the permit-issuing
                                 authority shall cause a notice of the proposed activity and a brief description of the land
                                 to be affected to be published in the legal organ or a newspaper of general circulation
                                 in the county in which such land lies. Cost of such public notices shall be paid by the
                                 applicant. Whenever there appears to be sufficient public interest, the permit-issuing
                                 authority may call a public hearing.


                        (c)      No permit shall be issued except in accordance with the following provisions:


                                 (1)     A permit for a structure or land alteration, including, but not limited to, private
                                         residences, motels, hotels, condominiums, and other commercial structures, in
                                         the dynamic dune field may be issued only when:
                                         (A)     The proposed project shall occupy the landward area of the subject
                                                 parcel and if feasible, the area landward of the sand dunes;
                                         (B)     At least a reasonable percentage, not less than one-third, of the subject
                                                 parcel shall be retained in its naturally vegetated and topographical
                                                 condition;
                                         (C)     The proposed project is designed according to applicable hurricane-
                                                 resistant standards;
                                         (D)     The activities associated with the construction of the proposed project
                                                 are kept to a minimum, are temporary in nature, and, upon project
                                                 completion, restore the natural topography and vegetation to at least its
                                                 former condition, using the best available technology; and _
                                         (E)     The proposed project will maintain the normal functions of the sand-
                                                 sharing mechanisms in minimizing storm-wave damage and erosion,
                                                 both to the unaltered section of the subject parcel and at other shoreline
                                                 locations;
                                 (2)     No permits shall be issued for a structure on beaches, eroding sand dune areas,
                                         and submerged lands; provided, however, that a permit for a pier, boardwalk,
                                         or crosswalk in such an area may be issued provided that:
                                         (A)     The activities associated with the construction of the proposed land
                                                 alterations are kept to a minimum, are temporary in nature, and, upon
                                                 project completion, the natural topography and vegetation shall be
                                                 restored to at least their former condition, using the best available
                                                 technology; and
                                         (B)     The proposed project maintains the normal functions of the sand-
                                                 sharing mechanisms in minimizing storm-wave damage and erosion,
                                                 both to the unaltered section of the subject parcel and at other shoreline
                                                 locations;
                                 (3)     A permit for shoreline engineering activity or for a land alteration on beaches,
                                         sand dunes, and submerged lands may be issued only when:
                                         (A)     The activities associated with the construction of the proposed project
                                                 are to be temporary in nature, and the completed project will result in



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               DRAFT November 1996                                            BOUNDA R Y A ND ORGA NIZA TION



                                                complete restoration of any beaches, dunes, or shoreline areas altered
                                                as a result of that activity;
                                        (B)     The proposed project will insofar as possible minimize effects to the
                                                sand-sharing mechanisms from storm-wave damage and erosion both to
                                                the subject parcel and at other shoreline locations;

                                        (C)     In the event that shoreline stabilization is necessary, either low-sloping
                                                porous rock structures or other techniques which maximize the
                                                dissipation of wave energy and minimize shoreline erosion shall be used.
                                                Permits may be granted for shoreline stabilization activities when the
                                                applicant has demonstrated that no reasonable or viable alternative
                                                exists; provided, however, that beach restoration and renourishment
                                                techniques are preferable to the construction of shoreline stabilization
                                                activities; and
                                        (D)     A copy of the permit application has been transmitted to the local unit
                                                of government wherein the project site lies, if such local unit of
                                                government has been certified by the board, requesting comments on
                                                such application.

                       (d)      In evaluating a permit application in order to determine compliance with the provisions
                                set forth in subsection (c) of this Code section, the permit-issuing authority may use the
                                following assessment tools and techniques, as appropriate and as available:
                                (1)     Historic photographs and topographic data of the project site which can be used
                                        in determining the impact of a proposed project on the stability of the shoreline;
                                (2)     On-site inspections to determine the impact of a proposed project on
                                        topographic and vegetative conditions, erosion or accretion rates, and other
                                        factors influencing the life cycles of dune plants;
                                (3)     Any recognized or accepted scientific investigations necessary to determine the
                                        proposed project's impacts on the surrounding biological and geological systems,
                                        and the historic and archeological resources;
                                (4)     When present, the potential effects of shoreline engineering structures
                                        (seawalls, groins, jetties, etc.), their condition, and their apparent influence on
                                        the sand-sharing system as it relates to the proposed project;
                                (5)     Historic, climatological, tidal data, and meteorological records of the vicinity of
                                        the project and possible potential effects of a proposed project upon erosion and
                                        accretion rates; and
                                (6)     New scientific information which, through recent advances, would effect a more
                                        competent decision relative to wise use and management of Georgia's sand-
                                        sharing system.


                       (e)      Every permit shall require that the proposed project be completed within five years after
                                the date of issuance of the permit and shall expire five years after the date of issuance.
                                Such time may be extended five additional years upon a showing that all due efforts and
                                diligence toward the completion of the project have been made. If a permit holder sells,
                                leases, rents, or otherwise conveys the land or any portion of the land for which the
                                permit was issued, such permit shall be continued in force in favor of the new owner,
                                lessee, tenant, or other assignee so long as there is no change in the use of the land as


                                                                  -63-











                CHAPTER FOUR                                                                  DRAFT November 1996



                                 set forth in the original application. The permittee must notify the permit-issuing
                                 authority within 30 days after change of ownership of property.


                         (f)     All plans, documents, and materials contained in any application for any permit required
                                 by this part shall be made a part of the permit, if granted, and conformance to such
                                 plans, documents, and materials shall be a condition of the permit. No change or
                                 deviation from any such plans, documents, or materials shall be permitted without the
                                 prior notification and approval of the permit-issuing authority.

                         (g)     Compliance with all other federal, state, and local statutes, ordinances, and regulations
                                 shall also be a condition of every permit issued pursuant to this part. If, prior to
                                 completion of review of an application under this part, the committee receives notice of
                                 the denial of a permit or authorization necessary for the project, review of the project
                                 shall be suspended and, if the denial become final, the application shall stand denied.


                         (h)     All permit-issuing authorities may place such conditions on any permit issued under this
                                 Code section as are necessary to carry out this part.

                         (i)     In passing upon the application for a permit, the permit-issuing authority shall consider
                                 the public interest which for purposes of this part shall be deemed to be the following
                                 considerations:
                                 (1)     Whether or not unreasonably harmful, increased alteration of the dynamic dune
                                         field or submerged lands, or function of the sand-sharing system will be created;
                                 (2)     Whether or not the granting of a permit and the completion of the applicant's
                                         proposal will unreasonably interfere with the conservation of marine life, wildlife,
                                         or other resources; and
                                 (3)     Whether or not the granting of a permit and the completion of the applicant's
                                         proposal will unreasonably interfere with reasonable access by and recreational
                                         use and enjoyment of public properties impacted by the project.


                         (j)     Issuance of a permit under this part and construction of the permitted project shall not
                                 remove the designated property from the jurisdiction of this part.          All changes in
                                 permitted uses which increase impacts to any land subject to the provisions of this part
                                 must be ruled upon by the permit-issuing authority to determine if the proposed change
                                 is consistent with this part and the permit. Each permitted alteration within the area of
                                 operation of this part shall be reviewed by the permit issuing authority on a five year
                                 basis or when noncompliance with the purpose for which the permit was issued is
                                 evident to determine if the use within the area of operation of this part is consistent
                                 with the intent of this part. If the permit holder is found not to be in compliance with
                                 this part, the permit-issuing authority shall take action as authorized under Code Section
                                 12-5-247.


                         (k)     Terms of Permit.
                                 (1)     A permit granted by the permit-issuing authority becomes final immediately upon
                                         issuance, but no such construction or alteration may commence until the
                                         expiration of 30 days following the date of the permit-issuing authority meeting
                                         at which the application is approved, except as otherwise provided in paragraph


                                                                    -64-







0




               DRAFT November 1996                                               BO UNDA R Y A ND ORGA NIZA TION

40
                                         (2) of this subsection; provided, however, that if a timely appeal is filed, no
                                         construction or alteration may commence until all administrative proceedings are
                                         terminated except as otherwise provided in paragraph (2) of this subsection.
                                 (2)     If the permit-issuing authority, either at the request of the applicant or on its
                                         own motion, finds that an emergency exists in any particular geographic area or
0                                        in regard to any particular permit issued by the permit-issuing authority, the
                                         permit-issuing authority is authorized to allow a permittee to commence
                                         immediately or to continue the construction or alteration authorized by the
                                         permit. The permit-issuing authority in determining an emergency shall base its
                                         determination on imminent peril to the public health, safety, or welfare or a
0                                        grave danger to life, real property, structures, or shoreline engineering activities.
                                         If the permit-issuing authority makes such a finding of an emergency, the
                                         permittee may commence immediately or continue the construction or alteration
                                         authorized by the permit, but such construction or alteration is undertaken at the
                                         risk to the permittee of an administrative or judicial order requiring the sand
                                         dunes, beaches, and submerged lands to be returned to their condition prior to
0                                        such construction or alteration.

                        (1)      When work has been completed in accordance with provisions of a permit, the permittee
                        shall so notify the permit-issuing authority in writing within 30 days of such completion.



0              Code Section 12-5-244 of the Shore Protection Act states:


                        (a)      Any person who is aggrieved or adversely affected by any order or action of the
                                 committee shall, upon petition within 30 days after the issuance of such order or taking
                                 of such action, have a right to a hearing before an administrative law judge appointed
0                                by the board. The hearing before the administrative law judge shall be conducted in
                                 accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act,"
                                 and the rules and regulations adopted by the board pursuant thereto. The decision of the
                                 administrative law judge shall constitute the final decision of the board and any party
                                 to the hearing, including the committee, shall have the right of judicial review thereof
                                 in accordance with Chapter 13 of Title 50.
0                       (b)      Where a local unit of government has, pursuant to this part, granted, suspended,
                                 modified, extended, conditioned, or denied a permit, any person aggrieved or adversely
                                 affected by such action shall be afforded a right to administrative and judicial review of
                                 such action.


0                       (c)      Persons are "aggrieved or adversely affected" where the challenged action has caused
                                 or will cause them injury in fact and where the injury is to an interest within the zone
                                 of interests to be protected or regulated by this part. In the event the committee or
                                 local unit of government, as appropriate, asserts in response to the petition before the
                                 administrative law judge that the petitioner is not aggrieved or adversely affected, the
                                 administrative law judge shall take evidence and hear arguments on this issue and
0


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               CHAPTER FOUR                                                             DRAFTNovember 1996



                               thereafter make a ruling on this issue before continuing with the hearing. The burden
                               of going forward with evidence on this issue shall rest with the petitioner.



               c. Revocable License Program

                       The Coastal Resources Division has the authority to issue, deny, and revoke the Revocable
               License required for projects which encroach on State-owned lands and tidal water bottoms within
               the eleven-county coastal zone. Permit applications pursuant to the Coastal Marshlands Protection
               Act, Shore Protection Act, and Section 401 Water Quality Certification also serve as joint
               applications for a Revocable License. Other projects requiring a Revocable License must submit to
               the Coastal Resources Division the following:

                       (1)     A signed application for either a Joint Army Corps of Engineers/State of Georgia
                               Marshlands Protection Permit or a State Programmatic General Permit for Private
                               Recreational Docks. The required form letters can be obtained from the Coastal
                               Resources Division or the Corps of Engineers Savannah District Office.

                       (2)     A signed Revocable License application.

                       (3)     A copy of the deed or other instrument under which the applicant claims title to the
                               property;

                       (4)     A plat of the area in which the proposed project will take place and a subdivision plat
                               (if applicable);

                       (5)     A plan or drawing showing the applicant's proposal and the manner or method by
                               which such proposal shall be accomplished including:
                                      a)      Boundaries of the property and adjacent lots,
                                      b)      Location of the proposed project,
                                      C)      The presence of marsh vegetation,
                                      d)      Name of waterway,
                                      e)      Width of waterway at mean low water,
                                      f)      Distance from center of project to adjacent property line,
                                      g)      The presence of any tidal streams traversed by the project,
                                      h)      State lands and resources impacted;

                       (6)     Detailed project plans indicating exact dimensions of the project; and

                       (7)     In some circumstances, letters of no objection from adjacent property owners.



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               Applications for Revocable License are evaluated concurrent with other necessary permit
               applications, including marina leases and applicable State Programmatic General Permits. Coastal
               Resources Division staff may conduct site visits to ascertain riparian rights of access before
               recommending issuance of the Revocable License. Individuals have no legal rights to encroach on
               State-owned lands or water bottoms and therefore, have no right to appeal a denial or revocation of
               a license other than legal action brought directly in the courts against the State.

                       Through this process, a State Programmatic General Permit for recreational docks may be
               issued by the Division. The criteria for these permits are: (1) the walkway width must be six feet
               or less; (2) the total area of a fixed dock must be 576 square feet or less; (3) the total area of a
               floating dock must be 288 square feet or less; and (4) the maximum distance into the waterway is
               25 feet or one-third the width of the channel, which ever is less. The administration of the State
               Programmatic General Permit has been delegated to the Coastal Resources Division by the Army
               Corps of Engineers to minimize paperwork and to decrease the time required to issue these permits.
               Applications for State Programmatic General Permits for recreational docks are reviewed in
               conjunction with Revocable License applications.



               d Section 401 Water Quality Certification

                       A Section 401 Water Quality Certification from the State is required for any issuance of a
               federal permit or license for a project that impacts navigable waters. State water quality standards
               and other applicable State authorities provide a basis for determination of consistency with the
               policies of the Georgia Coastal Management Program and the issuance of a Section 401 Water
               Quality Certification. In circumstances where there is insufficient information provided in the
               original application to make a determination and to issue a certification, the Coastal Resources
               Division makes a written request to the applicant for specified information.

                       The Coastal Resources Division shall act upon an application within 90 days after the
               application is complete. This action may be waived upon written request of the applicant. An
               application is complete when it contains substantially all of the written information, documents,
               forms, fees, and materials required by law.

                       Upon receipt of the completed application, the Coastal Resources Division exercises one of
               the following actions: (1) Issue a Section 401 Water Quality Certification; (2) Deny a Section 401
               Water Quality Certification with the reason for denial clearly stated; or (3) Issue a conditional denial
               with the reasons for denial clearly stated. If the applicant feels that the application can be amended
               to be consistent with State laws and with policies of the Georgia Coastal Management Program, an
               amendment to the permit request may be filed. If the amendments to the permit are sufficient to
               meet these requirements, the Section 401 Water Quality Certification will be granted.


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                CHAPTER FOUR                                                                DRAFTNovember 1996


                        The Coastal Resources Division staff offers technical assistance for all projects, whether or
                not a Section 401 Water Quality Certification is required. Federal agencies are provided with
                information so that applicants can make one complete application to apply for both the federal pem-iit
                and the State certification; every effort is made to provide joint applications. The Coastal Resources
                Division coordinates with federal agencies to help streamline the application process and ensure that
                federal agencies are knowledgeable about the Coastal Management Program's policies. The staff
                also conducts routine site visits to verify that projects are carried out as specified in the application,
                and to offer technical assistance as needed.



                e. Appeal Proceduresfor Direct Pennitting Authorities

                        If the applicant for any of the direct permitting authorities of the Coastal Resources Division
                disagrees with the finding of the staff, there is a formal appeal process available. The appeal process
                varies, depending upon the type of permit, license, lease, or certification in question. These appeal
                processes are described below:

                        (a)     For decisions involving pem-iits of the Coastal Marshlands Protection Act, the Shore
                                Protection Act, or the Section 401 Water Quality Certification, any person or agency
                                who is aggrieved or adversely affected by any order or action, upon petition within
                                30 days after the issuance of such order or taking of such action, has a right to a
                                hearing before an administrative law judge. The hearing before the administrative
                                law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia
                                Administrative Procedure Act." The decision of the administrative law judge shall
                                constitute the final decision and any party to the hearing, including the Committee,                  0
                                shall have the right of judicial review thereof in accordance with Chapter 13 of Title
                                50.


                        (b)     For those matters under the provisions of the Revocable License, there is no
                                provision of administrative law judge review. Instead, persons have access to the
                                State court process, as defined by Georgia law.



                3. Project Evaluation Procedures: Policies IMlemented by Other Agencies

                        In addition to the direct authorities of the Coastal Resources Division discussed in the section
                above, some Georgia Coastal Management Program authorities are administered by other State
                agencies. The Memoranda of Agreement with applicable State agencies include a provision that the
                signatory agencies will issue permits only to projects that are consistent with the policies of the
                Coastal Management Program.


                                                                  -68-






0




              DRAFT November 1996                                        BO UNDA R Y A ND ORGA NIZA TION

41
              a. Notification of Coastal Management Activities

                      For projects in the coastal area, the Coastal Resources Division receives notification of
              activities requiring authorization through several sources. The Memorandum of Assistance with
              each permitting agency stipulates the process whereby the Coastal Resources Division receives a
              copy of each permit or other authority issued. Projects may also be brought up and discussed prior
              to issuance of authorization at the interagency meetings hosted by the Coastal Resources Division.

                      The Coastal Management Program also receives project notifications through the Executive
              Order 12372 Review Process, a Statewide clearinghouse for comments administered by the Georgia
              Office of Planning and Budget. Other sources of project notification are the Environmental Impact
              Statement required for major federal or federally-funded projects by the National Environmental
              Policy Act, and the Envirom-nental. Effects Report required for major State and State-funded projects
              by the Georgia Environmental Policy Act.



              b. Review Procedure


                      The Coastal Resources Division is not required to review projects being permitted by other
              State agencies, although it may provide technical assistance to other agencies at their request. Each
              State agency with permitting authority in the coastal area includes as part of its review process a
              check for consistency with Georgia State law under its authority, and therefore consistency with the
              Georgia Coastal Management Program. Memoranda of Agreement between the Division and other
              State agencies with responsibility in the coastal area help insure that all parties understand their
              responsibilities for compliance with and enforcement under the Coastal Management Program.
              Monthly interagency meetings allow cooperating agencies to coordinate activities. Each State
              agency conducts its project evaluation procedure in accordance with State law. Refer to Chapter
              Five for a description of management authorities.



              c. Appeal Procedures for Projects Authorized by Other Agencies

                      The appeal process for those authorities issued through other State agencies networked with
              the Georgia Coastal Management Program is defined by State law for the applicable permit or
              regulatory process. Refer to Chapter Five for a description of management authorities.








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               CHAPTER FOUR                                                             DRAFT November 1996

                                                                                                                                  0
               4. Technical Assistance for Project Development

                       The Coastal Resources Division provides technical assistance to individuals through its
               preliminary project review service, and to other agencies through monthly interagency coordination
               meetings. In addition, any person or agency requiring technical expertise with regard to coastal
               resource issues may contact the Division at any time for assistance or referral. The Division operates
               a toll-free number to facilitate calls requesting information.



               a. Project Review Service

                       Though not required, the Coastal Resources Division encourages people to submit
               preliminary development plans for consultation. Division staff reviews plans for potential conflicts
               with enforceable policies of the Georgia Coastal Management Program, and provides technical
               assistance to help modify proposals and resolve conflicts. The staff also identifies any required
               permits, licenses, or certifications relative to specific projects submitted for consultation and makes
               every effort to assist in expediting the application process for necessary permits, licenses, and/or
               certificates. This consultation project review service is available for any proposed development or
               activity within the eleven-county coastal area.



               b. Interagency Coordination Meetings

                       On a monthly basis, the Coastal Resources Division hosts an interagency coordination
               meeting to allow cooperating agencies to discuss projects and resolve conflicts. Individuals with                  0
               permit requests may attend the meeting to also discuss their project proposal in this forum. The
               meetings are open to the public.

                       The following State agencies with regulatory and/or management authority in the eleven-
               county coastal area are invited to attend.                                                                         0

                       ï¿½ DNR Environmental Protection Division*            - Georgia Port Authority
                       ï¿½ DNR Wildlife Resources Division*                  - Department of Transportation*
                       ï¿½ DNR Parks & Historic Sites Division               - Georgia Forestry Commission
                       ï¿½ DNR Historic Preservation Division*               - Public Service Commission*                           0
                       ï¿½ DNR Public Health Division*                       - Department of Community Affairs
                       ï¿½ Secretary of State*                               - Georgia Farm Bureau
                       ï¿½ Jekyll Island Authority

                 Denotes agency with regulatory authority.                                                                        0


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              DRAFTNovember 1996                                          BO UNDA R Y A ND ORGA NIZA TION


              In addition to State agencies, the following federal agencies with regulatory and/or management
              authority in coastal Georgia are invited to attend.

                      ï¿½ U.S. Army Corps of Engineers
0                     - U.S. Environmental Protection Agency
                      ï¿½ U.S. Fish and Wildlife Service


              Since they hold key regulatory authority, every effort is made to ensure that representatives from the
              Department of Natural Resources Environmental Protection Division; -the Department of Natural
0             Resources Historic Preservation Division, the U.S. Army Corps of Engineers, the U.S.
              Envirom-nental Protection Agency, and the U.S. Fish and Wildlife Service are present at the monthly
              meetings.

                      In addition to the above-mentioned agencies, any federal, State, regional, or local agencies
0             with an interest in coastal resource management are encouraged to attend the interagency
              coordination meetings. The Coastal Resources Division publicizes meetings in advance, and
              welcomes participation from other agencies.

                      Individual permit applicants with a project proposal may attend the interagency coordination
              meeting to discuss their project and receive feedback. In addition, meetings are open to the public
              and citizens are encouraged to attend. The Coastal Resources Division publishes information about
              meeting times, locations, and agendas in advance, and welcomes public participation.

                      The intent of the monthly meetings is twofold. First, they allow potential applicants to meet
              relevant State and federal permitting agencies during the planning process for their project. Second,
              the meetings allow the permitting agencies to provide input during the planning and design phase
              of a project. This helps the applicant avoid delays during construction, helps avoid conflict between
              agency recommendations, and helps avoid "last-minute" change requests to the various agencies.



              c. Other Technical Services


                      The Coastal Resources Division makes every effort to educate individuals and other agencies
              about permit requirements and coastal resource issues. Any individual or agency may contact the
              Division during normal working hours to receive technical assistance. To the extent possible given
              its limited staff and resources, the Division promotes and supports education and outreach activities.







                                                              -71-











               CHAPTER FOUR                                                             DRAFTNovember 1996


                                 C. Enforcement and Compliance of State Legal Authorities

                       Each of the policies of the Georgia Coastal Management Program is based on a legal
               authority that is enforceable under Georgia law. The law cited for each policy has a concomitant
               penalty for violation of law or the rules and regulations implementing that law. Officers and
               conservation rangers of the Department of Natural Resources are authorized to enter property and
               to inspect activities for adherence to promulgated requirements and compliance with permit
               conditions as defined by the applicable Georgia law.

                       The Coastal Resources Division has an enforcement and compliance function which includes
               State-certified law enforcement officers. Division staff, with support from the Wildlife Resources
               Division's Law Enforcement Section, conducts compliance inspections of permitted activities within
               the eleven-county coastal area. Individuals with enforcement responsibility also seek out activities
               in violation of Georgia Coastal Management Program policies and the rules and regulations of the
               State through routine air, water, and land patrols.

                       Public awareness and involvement in the protection of Georgia's coastal resources is a top
               priority of the enforcement and compliance officers. The initial emphasis of the enforcement and
               compliance staff is public education through dissemination of information on the Georgia Coastal
               Management Program requirements and the underlying Georgia law. The Coastal Resources
               Division operates a toll-free telephone number that citizens can use to report suspected violations
               of the law.



                                             D. Water and Air Quality Standards

                       The Georgia Department of Natural Resources, Environmental Protection Division is the
               State agency responsible for implementing the requirements of the federal Clean Water Act and
               federal Clean Air Act, with the exception of the Section 401 Water Quality Certification Program
               for coastal projects. For federal permits or licenses issued for activities within the coastal area or
               significantly impacting coastal resources, the Coastal Resources Division has the responsibility for
               the Section 401 administration. The Georgia Air Quality Act (O.C.G.A. 12-9- 1) and Georgia Water
               Quality Control Act (O.C.G.A. 12-5-20), administered by the Environmental Protection Division,
               establish the criteria necessary to meet the mandated requirements of the Federal Clean Air Act and
               Federal Clean Water Act.


                       The Coastal Resources Division and the Environmental Protection Division are within the
               same State agency, the Department of Natural Resources, with the same governing body, the Board
               of Natural Resources. Although administered by the Coastal Resources Division, Georgia's Coastal



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              DRAFT November 1996                                         BOUNDA R Y A ND ORGA NIZA TION


              Management Program relies on the support, input, and cooperation provided by the Environmental
              Protection Division.


                      The Memorandum of Agreement between the Coastal Management Program and the
              Environmental Protection Division addresses the requirement for incorporating the mandates of the
              federal Clean Air Act and federal Clean Water Act into the Coastal Management Program.


                                            E. Program Amendment Procedures

                      Due to the dynamic nature of the coastal area, even a flexible management program requires
              periodic updating. Upon implementation of the Georgia Coastal Management Program, the
              efficiency and effectiveness of the organizational structure, specific policies and other authorities,
              and the procedural processes of the program must be continually evaluated by those associated with
0             or impacted by the Management Program including the Coastal Resources Division staff, the Board
              of Natural Resources, the General Assembly, the general public, special interest groups, and federal,
              State, regional and local agencies. In addition, changes in coastal resources concerns, evolving
              coastal issues, and changes in public priorities and expectations may necessitate modifications to the
              Coastal Management Program. The following procedures for program amendments and refinements
              provide for such modifications related to: (1) uses subject to management; (2) special management
              areas; (3) boundaries; (4) authorities and organization; and (5) coordination, public involvement, and
              the national interest.


                      Proposals for any change in the Georgia Coastal Management Program may originate within
              the Department of Natural Resources, within a federal, State, or local government unit, within a
              special interest organization, or with the general public. In all instances, the Coastal Resources
              Division may consider the proposal for a period of 30 days before determining whether modification
              procedures should be initiated. Upon decision that a proposed program modification is warranted,
              the Coastal Resources Division staff will determine whether the proposed change constitutes an
              amendment or a routine program change.

                      Amendments to the Management Program will require review and approval of the
              Commissioner of the Department of Natural Resources. Amendments also require at least one public
              hearing preceded by a 30 day public notice period. Of course, since policies within the Coastal
              Management Program are State laws, these may only be changed by an act of the Georgia General
              Assembly. All substantive changes to Georgia Coastal Management Program policies must also be
              approved by the National Oceanic and Atmospheric Administration, Office of Ocean and Coastal
              Resource Management (C.F.R. 15, ï¿½ï¿½ 923.80- 923.84).





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               CHAPTER FOUR                                                           DRAFT November 1996



                                                       SECTION III:
                                   LOCAL GOVERNMENT COORDINATION



                                            A. Recognition of Local Governments

                      The Coastal Resources Division recognizes the importance of extensive local government
               input and coordination in the.development and implementation of the Georgia Coastal Management
               Program. Representatives from the eleven counties and municipal governments within the coastal
               area are included on the Coastal Management Program mailing list. These representatives receive
               notices of all Coastal Advisory Committee meetings, as well as general program information.

                      All county and municipal governmental units within the coastal area were provided a copy
               of the draft Coastal Management Program Document. Local govermnent comments and
               recommendations were incorporated into the Management Program wherever feasible. Coastal
               Resources Division staff made individual contacts with each local government entity within the
               coastal area to solicit Coastal Management Program presentation opportunities to the respective city
               council or governing board.

                      Each county within the coastal area is represented by at least one member on the Coastal
               Advisory Committee, to ensure direct participation by local interests in development of the Georgia
               Coastal Management Program.



                                             B. Local Government Involvement


                      Through the Georgia Coastal Management Program, the Coastal Resources Division has
               established a mechanism for continuing consultation and coordination with local governments,
               interstate agencies, regional agencies, and other agencies within the coastal area, to ensure full
               participation of local governments and agencies in program development and implementation.

                      The Coastal Georgia Regional Development Center, the Altamaha-Georgia Southern
               Regional Development Center, and the Southeast Georgia Regional Development Center are an
               integral part of the Coastal Management Program's coordination with local govermnental units
               within the coastal area. The Georgia Planning Act established the Department of Community Affairs
               as the principal department for local government affairs within the executive branch of State
               government. Seventeen regional development centers were created as the mechanism to provide
               local governments, on both an individual and regional basis, with professional technical assistance
               in meeting the Act's requirements. Under the Georgia Planning Act, local governments are required



                                                              -74-











             DRAFTNovember 1996                                        BO UNDA R Y AND ORGA NIZA TION


             to prepare comprehensive plans using State rninimum planning standards promulgated by the
             Department of Community Affairs.

                     The Regional Development Centers are responsible for reviewing these plans, as well as
             large-scale projects known as "developments of regional impact" that may have adverse effects
             beyond the jurisdiction of the city or county in which they occur. A Memorandum of Agreement
             between the Coastal Resources Division, the Department of Community Affairs, and the Regional
             Development Centers within the coastal area establishes a procedure for reviewing local government
             comprehensive plans to identify conflicts with the policies of the Coastal Management Program and
             to eliminate duplication of efforts. The coordination process between the Coastal Resources
             Division, the Department of Community Affairs, and the Regional Development Centers within the
             coastal area is detailed in the Activities of Regional Benefit section of the Program Document.

                     Headquartered in Brunswick, the Coastal Georgia Regional Development Center
             encompasses eight of the eleven counties of the coastal area (Chatham, Liberty, Bryan, McIntosh,
             Glynn, Camden, Effingham and Long). The Altamaha-Georgia Southern Regional Development
             Center includes one second tier coastal county -- Wayne County. The Southeast Georgia Regional
             Development Center contains two second tier counties included in the Coastal Management Program
             boundary -- Brantley County and Charlton County.

                     The Regional Development Centers are invaluable conduits for disseminating Coastal
             Management Program information to local government entities. Coordination with each of the three
             Regional Development Centers occurred during program development, and the Coastal Georgia
             Regional Development Center in particular has been extensively involved from the inception of the
             Georgia Coastal Management Program development process. The executive director of the Coastal
             Georgia Regional Development Center was appointed by the Governor as a member of the Coastal
             Zone Advisory Committee, and appointed by the Commissioner of the Department of Natural
             Resources to the subsequent Coastal Advisory Committee.

                     Coastal Resources Division staff attend regular meetings of the Coastal Georgia Regional
             Development Center Board of Directors to provide program updates and assimilate comments and
             recommendations from local government representatives. The bi-monthly newsletter of the Coastal
             Georgia Regional Development Center, "Coastal Chart," regularly contains an update on the Coastal
             Management Program development progress. Staff members of the Coastal Georgia Regional
             Development Center's Planning and Local Government Services Department coordinated their
             efforts with Coastal Resources Division staff and provided valuable input during program
             development. The completed draft document describing the Coastal Management Program was
             provided to each of the three Regional Development Centers for review, comment, and
             recommendations.




                                                            -75-











               CHAPTER FOUR                                                              DRAFT November 1996


                                           C. Local Level Program Implementation

                       Through the Georgia Coastal Management Program, the Coastal Resources Division
               encourages the development and implementation of local capabilities for managing growth and
               development. The Coastal Resources Division encourages local planning, permitting, and
               administrative functions to be conducted in concert with the authorities and policies of the Georgia
               Coastal Management Program by providing technical assistance directly to local governmental
               entities and to Regional Development Centers. Pass-through funding, on a competitive basis, is
               provided to Regional Development Centers and local governments to assist with costs of project
               proposals that address specific local coastal needs or problems.

                       The management approach described in the Georgia Coastal Management Program document
               addresses the potential impacts of coastal activities on coastal resources rather than the general land
               uses with which certain coastal activities are associated. The legal framework and policies of the
               Management Program encourage, support, or establish conditions for specific coastal activities on
               the basis of actual or potential effects on coastal land and water resources. They do not dictate or
               establish land use or zoning classifications. Land use planning and zoning continues to be the
               responsibility of local governments. While the Georgia Planning Act requires municipal and county
               governments to develop comprehensive plans that address natural and historic resources, there is no
               requirement for implementation and enforcement of such plans.

                       The pem-iit process outlined in the Georgia Coastal Management Program Document is
               coordinated with local governments. Permits administered directly by the Coastal Resource Division
               through its direct permitting authorities are described in Chapter Four.

                       Private recreational dock projects, which are exempt from the Coastal Marshlands Protection
               Act, are required to obtain a Revocable License from the Coastal Resources Division for
               encroachment upon State-owned lands and water bottoms. Local municipalities and counties are
               forwarded notification of any Revocable License issued within their jurisdiction.

                       These procedural requirements of the Georgia Coastal Management Program ensure
               coordination and communication between the Coastal Resources Division and local regulatory
               authorities. Coordination between the Regional Development Centers and the Georgia Coastal
               Management Program also establish strong local relationships. Local government units and the
               Regional Development Centers may initiate amendments and modifications to the Management
               Program through the procedures outlined in Chapter Four.

                       The enhancement grants available through the Georgia Coastal Management Program are
               directed at addressing specific information needs or projects that are local and regional priorities.
               Funding criteria are developed by the Board of Natural Resources and the Coastal Advisory


                                                                -76-











              DRAFT November 1996                                         BO UNDA R Y A ND ORGA NIZA TION


              Committee, as described in Appendix One. Projects must fulfill the goals of the Management
              Program as stated in Chapter Three, and priority is given to projects that address Coastal Advisory
              Committee recommendations listed in Appendix One. Many resource issues, including groundwater
              concerns, historic resource identification, beach access, and others can best be solved through
              education and outreach rather than regulations. Project funding through enhancement grants
              provides a mechanism to address these types of local and regional issues, thereby fulfilling the goals
              of the Coastal Management Program proactively.

                      In summary, local governments have special needs and priorities particular to their
              communities. The role of the Coastal Resource Division through the Georgia Coastal Management
              Program is to provide technical assistance to local governments in order to address priority issues.
              Many concerns and information needs are most appropriately addressed at the local level. With
              technical assistance and enhancement grants to Regional Development Centers and local
              governments, the Coastal Resources Division uses Georgia Coastal Management Program resources
              to support local projects. The Coastal Management Program does not change the authority of local
              governments over zoning and land use planning, rather, it enhances the ability of local governments
              to address local issues by facilitating funding and technical support.
































                                                               -77-











               CHAPTER FOUR                                                           DRAFT November 1996

                                                                                                                              0
                                                       SECTION IV:
                                              PUBLIC PARTICIPATION

                      The Georgia Coastal Management Program was developed with full participation by all                     0
               interested parties, public and private, including State agencies, local governments, regional
               organizations, and port authorities. The Georgia Department of Natural Resources Commissioner,
               upon Georgia's re-entry into the coastal management program development process in October 1992,
               stated that the development of the Program would be guided and directed by a consensus of the
               citizens of coastal Georgia and the State.

                      Several methods have been used to make available general information regarding the
               Program's design, content, and status throughout the development process. The initial efforts of the
               Coastal Resources Division staff were focused on acquainting the public with the concepts and basic
               premises of coastal management, on a state and national basis, in order to build a strong and active
               public participation component. A brochure entitled "Georgia's Coastal Management Program,"
               which explains the history, need, basic requirements, benefits, and the State's concept of coastal
               management was developed and widely distributed. The Coastal Resources Division staff made
               presentations to a wide variety of citizens groups in order to explain the program.

                      In October 1992, the Governor appointed a 25-member Coastal Zone Advisory Committee
               which represented a diverse cross-section of the coastal Georgia citizenry. The primary function of
               this committee was to provide a mechanism for public participation and input during program
               development. Advisory Committee meetings were held at least quarterly at locations throughout the
               coastal area, and were open to the public. Notice of Advisory Committee meetings were provided
               at least ten days in advance to over fifty media contacts throughout the State, including radio
               stations, television stations, and newspapers located in coastal Georgia and north Florida. Notices
               were also sent to everyone on the Coastal Management Program mailing list. As of October 1996,
               this mailing list includes approximately 950 individuals.

                      Coastal Zone Advisory Committee meetings provided updates on the progress and general
               direction of the Management Program, and opportunities for public comment and recommendations.
               The Coastal Zone Advisory Committee formed three subcommittees (Land Resource Goals
               Subcommittee, Water Resource Goals Subcommittee, Associated Resource Goals Subcommittee)
               to develop public consensus on broad goals for the Management Program's resource protection
               policies. These Resource Goals Subcommittees consisted of over fifty citizens representing
               business, industry, government, environmental groups, regional development centers, and the general
               public. Resource Policy Citizen Task Forces, using the resource goals developed by the three
               Subcommittees and the draft Coastal Management Program resource policies, recommended over
               250 resource policies on the activities identified to impact coastal land and water resources.



                                                              -78-











              DRAFT November 1996                                         BO UNDA R Y AND ORGA NIZA TION


                      When the two-year appointment of the Coastal Zone Advisory Committee ended in
              September of 1994, the committee sunsetted. In November 1994, the Commissioner of the
              Department of Natural Resources appointed a new committee called the Coastal Advisory
              Committee. All members of the previous Advisory Committee were offered the opportunity to
              continue to serve. Persons that declined re-appointment were replaced with others who represented
              their county or general constituency. The primary role of this committee is to review the draft
              Program Document, to assist with public education and outreach activities throughout the
              development process, and to provide technical assistance.

                      In November 1995, the draft Georgia Coastal Management Program Document was made
              available to the public for review. Formal public notice was posted and several public meetings were
              held. These sessions provided interested parties the opportunity to comment on the Program and the
              Program Document. In addition to the public meetings, the Coastal Advisory Committee reviewed
              the Program Document and provided written comments.

                      Partly in response to public comment, the Georgia General Assembly passed a resolution in
              March, 1996 creating a Joint House/Senate Coastal Management Study Committee. The purpose
              of the Study Committee was to decide whether or not to pursue a federally-approved coastal
              management program in Georgia. Committee members were appointed in July 1996.

                      In September 1996, the Joint House/Senate Coastal Management Study Committee met for
              an informational meeting presented by individuals from the Coastal Resource Division, the National
              Oceanic and Atmospheric Administration, and the Coastal Advisory Committee. This meeting was
              to educate the Study Committee about the history of coastal management in Georgia, existing
              management efforts, the public process, the federal program, how Georgia meets federal guidelines,
              the enabling legislation, and the benefits of the program to Georgia. Members of the Coastal
              Advisory Committee and the public had the opportunity to voice their support of the Coastal
              Management Program. As a result of the meeting, this revised draft Program Document is presented
              to the Study Committee and the general public for review.

                      Regarding other public outreach efforts, the Coastal Resources Division employs a full-time
              public outreach and education specialist. This position's responsibilities include developing
              educational and technical materials for the public and for specific audiences. In response to the need
              for public outreach and education on coastal issues, various information materials have been
              produced by the public information specialist and other Division staff. These materials include the
              following: a Georgia Coastal Management Program brochure, Fact Sheets, a temporary mobile
              display for local events, and a quarterly newsletter. The newsletter, entitled "The Georgia Sound,"
              informs the public on Program developments and coastal issues and events, and is distributed free
              of charge to everyone on the mailing list.



                                                              -79-











               CHAPTER FOUR                                                            DRAFTNovember 1996


                       Another public outreach initiative is the annual "CoastFest" fair hosted by the Coastal
               Resources Division. A public celebration of Georgia's coastal resources, this educational event
               features programs involving live animals and expert biologists, as well as displays representing
               environmental organizations, commercial fishing industries, recreational fishing clubs, sea kayaking
               companies, and other federal, State, and local organizations. In 1996, 17 organizations participated
               in CoastFest, and approximately 800 people, including hundreds of local school children, attended
               the festival.


                       Throughout the implementation of the Management Program, public outreach and education
               activities will continue to be developed and improved. The Coastal Resources Division is exploring
               the possibility of establishing a "Coastal Ark" mobile education van, which would be able to carry
               educational materials to classrooms, public festivals, and other events throughout the State. Such
               a van would require a cooperative effort between federal agencies (such as the National Oceanic and
               Atmospheric Administration and the U.S. Environmental Protection Agency), State agencies (such
               as the Coastal Resources Division, the Historic Preservation Division, and the University of
               Georgia), and local agencies. Corporate and non-profit sponsorship will also be needed. Staff would
               operate the mobile classroom, provide logistical support, develop educational material, collect and
               maintain specimens, schedule events, and coordinate with other educational entities. The Coastal
               Ark is envisioned to be the focal point of a coastal environmental education curriculum.

                       In addition to outreach and education activities, the public is directly involved in policy-
               making through the public hearing process required by State law. Under the Georgia Administrative
               Procedures Act, agencies must provide methods whereby the public may obtain information or make
               submissions or requests. Agencies must adopt rules of practice stetting forth the nature and
               requirements of all formal and informal procedures available, including a description of all forms
               and instructions. Agencies must make available for public inspection all rules and other written
               statements of policy or interpretations formulated, adopted, or used in the discharge of agency
               functions. Also, agencies must make available for public inspection all final orders, decisions, and
               opinions except those expressly made confidential or privileged by statute (O.C.G.A. 50-13-3).
               Through the Georgia Coastal Management Program, the Coastal Resources Division will facilitate
               public involvement by hosting interagency meetings and working to coordinate State agencies.

                       This commitment of personnel, along with a long term outreach strategy, reflects the Coastal
               Resources Division's commitment to keeping the public informed and involved in the development
               and implementation of the Georgia Coastal Management Program.









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                                                      SECTION V:
                                           FEDERAL COORDINATION

0                    Every effort has been made to involve federal agencies with the Program and to ensure a
             thorough understanding of the policies and procedures of the Program. Federal agency participation
             ensures their active role in program development. The active participation of all relevant federal
             agencies during program development and implementation is necessary to establish the level of
             coordination required for a successful management program. Through the Georgia -Coastal
0            Management Program, the Coastal Resources Division has endeavored to establish close ties with
             relevant federal agencies in order to facilitate a mutual understanding of each other's programs,
             goals, and procedures, and to develop workable arrangements that will accommodate the needs of
             all concerned.


                     Those federal agencies that are affected by, or have an influence on, coastal management in
0            Georgia were identified early in the program development process. The following federal agencies
             have been identified as having an interest in Georgia's coastal area.

                             ï¿½ Department of Agriculture
                                       Agriculture Stabilization and Conservation Service
                                       Farmers Home Administration
                                       Forest Service
                                       Natural Resources Conservation Service
                             ï¿½ Department of Commerce
                                       National Marine Fisheries Service (NOAA)
                                       Office of Ocean and Coastal Resource Management (NOAA)
                             ï¿½ Department of Defense
                                       Department of the Army
                                       Department of the Army, Corps of Engineers, Savannah District
                                       Department of the Navy
                             ï¿½ Department of Energy
                             ï¿½ Department of Health and Human Services
                             ï¿½ Department of Housing and Urban Development
                             ï¿½ Department of the Interior
                                       Bureau of Land Management
                                       Fish and Wildlife Service
                                       Geological Survey
                                       National Park Service
                                       Minerals Management Service
                                       Office of Surface Mining
                             - Department of Justice


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                CHAPTER FOUR                                                           DRAFTNovember 1996


                               ï¿½ Department of Transportation
                                         Federal Highway Administration
                                         Federal Railroad Administration
                                         Maritime Administration
                                         United States Coast Guard
                               ï¿½ Department of Treasury
                                      -- Federal Law Enforcement Training Center
                               ï¿½ Environmental Protection Agency
                               ï¿½ Federal Aviation Administration
                               ï¿½ Federal Emergency Management Agency
                               ï¿½ Federal Energy Regulatory Commission
                               ï¿½ Federal Maritime Commission
                               ï¿½ General Services Administration
                               ï¿½ Interstate Commerce Commission
                               ï¿½ National Aeronautics and Space Administration
                               ï¿½ Nuclear Regulatory Commission

                       To ensure that federal agencies with an interest in Georgia's coastal area were kept informed
                during program development, a contact person was designated within each agency. The federal
                agency contacts are included on the Coastal Management Program's mailing list and have thus
                received notification of all Coastal Advisory Committee meetings, public meetings, and public
                hearings. They have also received copies of the Coastal Management Program document, permitting
                rules and regulations, and other pertinent data relevant to the Program as they developed.

                       A consultation meeting between relevant federal agency representatives, Coastal Resources
                Division staff, and Office of Ocean and Coastal Resource Management officials was held in Atlanta,
                Georgia in July 1993. The primary purpose of this meeting was to develop mutual arrangements and
                understandings regarding each federal agency's participation and input during program development.

                       In an attempt to ascertain what federal agencies perceive to be their own, as well as the
                national interest in the coastal area, the Coastal Resources Division sent federal agency contacts an
                information gathering questionnaire early in the program development process. Federal agency
                contacts were asked to list activities and projects as well as their primary functions and
                responsibilities in the coastal area. Responses were used to further the Coastal Management staff s
                understanding of national interest considerations and coordination needs.

                       Throughout the development of the Georgia Coastal Management Program input was sought
                from affected federal agencies. Coordination with federal agencies is critical to the success of a
                federally-approved program. Meetings and communication with affected federal agencies will
                continue throughout the implementation of the Coastal Management Program.


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           441*.\ CHAPTER FIVE:
0               POLICIES AND
                MANAGEMENT AUTHORITY

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              DRAFT November 1996                            POL ICIES A ND MA NA GEMEN T A U THORI TIES


                      Section I of this chapter describes the policies of the Georgia Coastal Management Program
              and the underlying statutes that provide their enforceability. Section H of this chapter describes
              other enforceable authorities by which the Georgia Coastal Management Program can implement
              its responsibilities to provide resource protection while nurturing sustainable development. These
              other authorities are not necessarily policies of the Program; rather they are procedural mechanisms
              by which the Program can fulfill its responsibilities. Section 1111 provides a table for quick reference
              to all management authorities cited in the previous two Sections. Section IV provides a quick
              description of various State Programs that are used in the coastal area. Section V provides a
              thumbnail sketch of various'State Agencies and Commissions. Section VI describes some of the
              federal authorities by which coastal resources are managed. Section VII provides a short list of
              federal programs that influence coastal resources.




                                                         SECTION 1:
                     GEORGIA COASTAL MANAGEMENT PROGRAM POLICIES



                                                        A. Introduction


                      The goals of the Georgia Coastal Management Program are attained by enforcement of the
              policies of the State as codified within the Official Code of Georgia Annotated. The statutes cited
              as policies of the program were selected because they reflect the overall Program goals of developing
              and implementing a balanced program for the protection of the natural resources, as well as
              promoting sustainable economic development of the coastal area. The inclusion of these authorities
              is also based on the recommendations provided by selected citizens from the coastal area who served
              as members of the Coastal Zone Advisory Committee. Each recommendation of the Coastal Zone
              Advisory Conunittee was considered during the development of this document, and the
              corresponding authorities that most closely relate to the Committee's recommendations are cited here
              as policies of the Georgia Coastal Management Program.

                      For each of the coastal resource and use areas of concern listed below, a policy statement is
              provided with a direct citation to Georgia law. The laws are not cited in their entirety; rather, the
              purpose of the statute, or a pertinent section of the statute, is cited, The policies are statements set
              out in the laws of the State of Georgia. In each case, the citation for the statement is provided. The
              particular statements may or may not be enforceable as written, but the laws to which they relate
              contain enforceable provisions that have been enacted by the Georgia General Assembly to
              implement the policies as stated. The policies cited here are, therefore, supported by legally binding
              laws of the State of Georgia, through which Georgia is able to exert control over impacts to the land
              and water uses and natural resources in the coastal area. The statutes referenced herein can be found


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                 CHAPTER FIVE                                                                DRAFT November 1996


                 in the Official Code of Georgia Annotated (O.C.G.A.), copies of which are located in headquarters
                 offices of State and local agencies, most public libraries, local courthouses, and numerous other
                 public offices.

                        A General Description is set out after each cited policy and is provided for the reader to use
                 as a quick reference to the relevant provisions of the law. The General Description is not intended
                 to be, nor should it be interpreted as, law, policy, or restatement of the law. It is merely provided for
                 the convenience of the reader to gain an initial concept as to the content of the related law. The
                 reader is advised to refer to the actual law cited, and not to rely on the General Description as a basis
                 for a legal interpretation of the law on any particular issue.

                                           B. Policy Statements and General Description



                                                               Air Oualit-y


                 Policy Statement
                        Georgia Air Ouality Act (0, C G.A. 12-9-1, et seg.)
                        12-9-2. Declaration ofpublic policy.
                        It is declared to be the public policy of the State of Georgia to preserve, protect, and improve
                        air quality and to control emissions to prevent the significant deterioration of air quality and to
                        attain and maintain ambient air quality standards so as to safeguard the public health, safety,
                        and welfare consistent with providing for maximum employment and full industrial development
                        of the state. (Code 1933, 88-901, enacted by Ga. L. 1967, p. 581, ï¿½ 1; Ga. L. 1978, p. 275, ï¿½ 1; Ga. L. 1992,
                        p. 918, ï¿½ 2; Ga. L. 1992, p. 2886, ï¿½ 1.)

                        General Description
                                 The Georgia Air Quality Act provides authority to the Environmental Protection
                        Division to promulgate rules and regulations necessary to abate or to control air pollution for
                        the state as a whole or from area to area, as may be appropriate. Establishment of ambient
                        air quality standards, emission limitations, emission control standards and other measures
                        that are necessary to provide standards that are no less stringent than the federal Clean Air
                        Act are mandated. The Act also requires establishment of a program for prevention and
                        mitigation of accidental releases of hazardous air contaminants or air pollutants, training and
                        educational programs to ensure proper operation of emission control equipment, and
                        standards of construction no less stringent than the federal Act. The Environmental                             C
                        Protection Division administers the Georgia Air Quality Act throughout the state. The
                        Memorandum of Agreement between the Georgia Coastal Resources Division and the
                        Environmental Protection Division ensures cooperation and coordination in the achievement
                        of the policies of the Program.
                                                                                                                                        C


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               DRAFTNovember 1996                                POL ICIES A ND MA NA GEMEN T A U THOM TIES



                                                           -- Boating Safety --


               Policy Statement
                        Georgia Boat Safety Act (0. C G.A. 52- 7-1. et seg.)
                        52- 7-2. Declaration of policy.
                        It is the policy of this state to promote safety for persons and property in and connected with
                        the use, operation, and equipment of vessels and to promote the uniformity of laws relating
                        thereto. (Ga. L. 1973, p. 1427, ï¿½2)

                        General Description
                                The Georgia Boat Safety Act provides enforceable rules and regulations for safe
                        boating practices on Georgia's lakes, rivers, and coastal waters. This Act establishes boating
                        safety zones for a distance of 1,000 feet from the high-water mark on Jekyll Island, Tybee
                        Island, St. Simons Island, and Sea Island. All motorized craft, including commercial fishing
                        vessels, jet skis, and power boats, are prohibited from these waters, except certain pier and
                        marina access points. The Law Enforcement Division of the Georgia Department of Natural
                        Resources enforces these regulations.



                                                         Coastal Management --


               Policy Statement
                        Coastal Manazentent Act (0, C. G.A. 12-5-60, et seg.)
                        12-5-261. Legislative purpose.
                        The General Assembly finds and declares that the coastal area of Georgia comprises a vital
                        natural resource system. The General Assembly recognizes that the coastal area of Georgia is
                        the habitat of many species of marine life and wildlife which must have clean waters and
                        suitable habitat to survive. The General Assembly further finds that intensive research has
                        revealed that activities in the coastal area may degrade water quality or damage natural habitats
                        if not properly planned and managed. Also, the General Assembly finds that the coastal area
                        provides a natural recreation resource which has become vitally linked to the economy of
                        Georgia's coast and to that of the entire state. The General Assembly further finds that
                        resources within this coastal area are costly, if not impossible, to reconstruct or rehabilitate once
                        adversely affected by human-related activities and it is important to conserve these resources
                        for the present and future use and enjoyment of all citizens and visitors to this state. The
                        General Assembly further finds that the coastal area is a vital area of the state and that it is
                        essential to maintain the health, safety, and welfare of all the coastal citizens and visitors to this
                        state. Therefore, the General Assembly declares that the management of the coastal area has
                        more than local significance, is of equal importance of all citizens of the state, is of state-wide
                        concern, and consequently is properly a matter for regulation under the police power of the
                        state. The General Assembly further finds and declares that activities and structures in the
                        coastal area must be regulated to ensure that the values and functions of coastal waters and




                                                                   -87-











                CHAPTER FIVE                                                                 DRAFT November 1996



                        natural habitats are not impaired and to fulfill the responsibilities of each generation as public
                        trustees of the coastal waters and habitats for succeeding generations.


                        General Description
                                 The Coastal Management Act provides enabling authority for the state to develop a                      0
                        coastal management program. The Act does not establish new regulations or laws; it is
                        designed to establish procedural requirements for the Department of Natural Resources to
                        develop and implement a program for the sustainable development and protection of coastal
                        resources. It establishes the DNR as the state agency to receive and disburse federal grant
                        monies; it establishes the Governor as the approving authority of the program, and as the
                        person that must submit the program to the federal government for approval under the federal
                        Coastal Zone Management Act, and; it requires other state agencies to cooperate with the
                        Coastal Resources Division as to their activities within the coastal area.



                                                          Coastal Marshlands


                Poficy Statement
                        Coastal Marshlands Protection Act (0. C. G.A. 12-5-280, et seg.)
                        12-5-281. Legislative findings and declarations.
                        The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital
                        natural resource system. It is recognized that the estuarine area of Georgia is the habitat of
                        many species of marine life and wildlife and, without the food supplied by the marshlands, such
                        marine life and wildlife cannot survive. The General Assembly further finds that intens-ive marine
                        research has revealed that the estuarine marshlands of coastal Georgia are among the richest
                        providers of nutrients in the world. Such marshlands provide a nursery for commercially and
                        recreationally important species of shellfish and other wildlife, provide a great buffer against
                        flooding and erosion, and help control and disseminate pollutants. Also, it is found that the
                        coastal marshlands provide a natural recreation resource which has become vitally linked to the
                        economy of Georgia's coastal zone and to that of the entire state. The General Assembly
                        further finds that this coastal marshlands resource system is costly, if not impossible, to
                        reconstruct or rehabilitate once adversely affected by man related activities and is important to
                        conserve for the present and future use and enjoyment of all citizens and visitors to this state.
                        The General Assembly further finds that the coastal marshlands are a vital area of the state and
                        are essential to maintain the health, safety, and welfare of all the citizens of the state.
                        Therefore, the General Assembly declares that the management of the coastal marshlands has
                        more than local significance, is of equal importance to all citizens of the state, is of state-wide
                        concern, and consequently is properly a matter for regulation under the police power of the
                        state. The General Assembly further finds and declares that activities and structures in the
                        coastal marshlands must be regulated to ensure that the values and functions of the coastal
                        marshlands are not impaired and to fulfill the responsibilities of each generation as public
                        trustees of the coastal marshlands for succeeding generations. (Code 1981, ï¿½ 12-5-281, enacted by
                        Ga. L. 1992, p. 2294, ï¿½ 1.)



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              DRAFTNovember 1996                            POLICIESAND MANAGEMENTAUTHORITIES


                      General Description
                             The Coastal Marshlands Protection Act provides the Coastal Resources Division with
                      the authority to protect tidal wetlands. The Coastal Marshlands Protection Act limits certain
                      activities and structures in marsh areas, and requires permits for other activities and
                      structures. Erecting structures, dredging, or filling marsh areas requires a Marsh Permit
                      administered through the Coastal Management Program. In cases where the proposed
                      activity involves construction on state-owned tidal water bottoms, a Revocable License
                      issued by the Coastal Resources Division may also be required. Marsh Permits and
                      Revocable Licenses are not issued for activities that are inconsistent with the Georgia Coastal
                      Management Program.

                             The jurisdiction of the Coastal Marshlands Protection Act extends to "coastal
                      marshlands" or "marshlands", which includes marshland, intertidal area, mudflats, tidal water
                      bottoms, and salt marsh area within estuarine area of the state, whether or not the tidewaters
                      reach the littoral areas through natural or artificial watercourses. The estuarine area is
                      defined as all tidally influenced waters, marshes, and marshlands lying within a tide-
                      elevation range from 5.6 feet above mean high-tide level and below. Exemptions from the
                      jurisdiction of the Act include: Department of Transportation activities, generally; agencies
                      of the United States charged with maintaining navigation of rivers and harbors (See Chapter
                      Eight, "Federal Consistency"); railroad activities of public utilities companies; activities of
                      companies regulated by the Public Service Commission; activities incident to water and
                      sewer pipelines; and, construction of private docks that don't obstruct tidal flow.

                              Any agricultural or silvicultural activity that directly alters lands within the
                      jurisdictional areas of the Coastal Marshlands Protection Act must be meet the permit
                      requirements of the Act, and must obtain a permit issued by the Coastal Resources Division,
                      on behalf of the Coastal Marshlands Protection Committee. Pen-nits for marinas, community
                      docks, boat ramps, recreational docks and piers within the jurisdiction of the Coastal
                      Marshlands Protection Act are administered by the Georgia Coastal Resources Division. To
                      construct a marina, a marina lease is required. Private-use recreational docks are exempt
                      from the Coastal Marshlands Protection Act but must obtain a Revocable License and a State
                      Programmatic General Permit.



0






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                CHAPTER FIVE                                                               DRAFT November 1996



                                              -- Department of Natural Resources


               Policy Statement
                        12-2-3. Departmental purposes.
                        It shall be the objectives of the department:
                        (1) To have the powers, duties, and authority formerly vested in the Division of Conservation
                        and the commissioner of conservation;
                        (2) By means of investigation, recommendation, and publication, to aid:
                        (A) In the promotion of the conservation and development of the natural resources of the state;
                        (B) In promoting a more profitable use of lands and waters;
                        (C) In promoting the development of commerce and industry; and
                        (D) In coordinating existing scientific investigations with any related work of other agencies for
                        the purpose of formulating and promoting sound policies of conservation and development;
                        (3) To collect and classify the facts derived from such investigations and from the work of other
                        agencies of the state as a source of information accessible to the citizens of the state and to
                        the public generally, which facts set forth the natural, economic, industrial, and commercial
                        advantages of the state; and
                        (4) To establish and maintain perfect cooperation with any and every agency of the federal
                        government interested in or dealing with the subject matter of the department. (Ga. L. 1937, p.
                        264, ï¿½ 4; Ga. L. 1949, p. 1079, ï¿½ 1; Ga. L. 1992, p. 6, ï¿½ 12.)

                        General Description
                               The authority for the Department of Natural Resources is found at O.C.G.A. 12-2-1,
                        et seq. The objectives for the Department are described, including to aid: In the promotion
                        of the conservation and development of the natural resources of the state; in promoting a
                        more profitable use of lands and waters; in promoting the development of commerce and
                        industry; and in coordinating existing scientific investigations with any related work of other
                        agencies for the purpose of formulating and promoting sound policies of conservation and
                        development. The Act also requires the Department to "establish and maintain perfect
                        cooperation with any and every agency of the federal government interested in or dealing
                        with the subject matter of the department." (Ga. L. 1937, p. 264, ï¿½ 4; Ga. L. 1949, p. 1079,
                        ï¿½ 1; Ga. L. 1992, p. 6, ï¿½ 12.)

                               The powers of the Department are established, including: investigations of the
                        natural mining industry and commercial resources of the state and promotion of the
                        conservation and development of such resources; the care of the state parks and other
                        recreational areas now owned or to be acquired by the state; examination, survey, and
                        mapping of the geology, mineralogy, and topography of the state, including their industrial
                        and economic utilization; investigation of the water supply and water power of the state with
                        recommendations and plans for promoting their more profitable use and promotion of their
                        development; investigations of existing conditions of trade, commerce, and industry in the




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               DRAFT November 1996                              POLICIES AND MANAGEMENT AUTHORITIES



                        state, with particular attention to the causes that may hinder or encourage their growth, and
                        recommendations of plans that promote the development of their interests.

                               The Department is set up in several Divisions. The Wildlife Resources Division is
                        empowered to acquire land areas and to enter into agreements with landowners and the
                        federal government for purposes of managing wildlife species and establishing specific
                        sanctuaries, wildlife management areas, and public fishing areas. The Wildlife Resources
                        Division administers a management plan for each area which establishes short and long-term
                        uses and guidelines for protection and use of each specific area. These areas owned and/or
                        managed by the Wildlife Resources Division are important resources of the coastal zone for
                        conservation of wildlife and also for recreational hunting and fishing opportunities. Wildlife
                        management areas within the jurisdiction of the Coastal Marshlands Protection Act and/or
                        Shore Protection Act receive the additional protection provided by said legislation. The
                        Environmental protection Division is empowered to manage the State's air and water
                        resources. The Coastal Resources Division is charged with management of the coastal
                        resources, which includes implementation of the Coastal Marshlands Protection Act and the
                        Shore Protection Act. The Coastal Resources Division responsibilities also include
                        management of marine fisheries resources. The Pollution Prevention Assistance Division
                        provides technical assistance and education for reducing pollution throughout Georgia,
                        including development of Best Management Practices for various industries. The Historic
                        Preservation Division is charged with cataloging, protecting, and preserving the State's
                        historic sites and areas. The Parks, Recreation, and Historic Sites Division has primary
                        responsibility for development and maintenance of the State's parks and historic sites. The
                        Program Support Division provides administrative support for the Department.



                                                        Environmental Policy --


               Policy Statement
0                       Environmental Policy Act (O.C.G.A. 12-16-1, et seQ.)
                        12-16-2. Legislative findings.
                        The General Assembly finds that:
                        (1) The protection and preservation of Georgia's diverse environment is necessary for the
                        maintenance of the public health and welfare and the continued viability of the economy of the
                        state and is a matter of the highest public priority;
                        (2) State agencies should conduct their affairs with an awareness that they are stewards of the
                        air, land, water, plants, animals, and environmental, historical, and cultural resources;
                        (3) Environmental evaluations should be a part of the decision-making processes of the state;
                        and
                        (4) Environmental effects reports can facilitate the fullest practicable provision of timely public
                        information, understanding, and participation in the decision-making processes of the state.
                        (Code 198 1, ï¿½ 12-16-2, enacted by Ga. L. 199 1, p. 1728, ï¿½ 1.)


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                CHAPTER FIVE                                                               DRAFT November 1996


                        General Description
                                The Georgia Environmental Policy Act (GEPA) requires that all State agencies and
                        activities prepare an Environmental hnpact Report as part of the decision-making process.
                        This is required for all activities that may have an impact, and alternatives to the proposed
                        project or activity must be considered as part of the report.



                                                  -- Erosion and Sedimentation


               Policy Statement
                        Georzia Erosion and Sedimentation Act (O.C G.A. 12-7-1. et seg.)
                        12- 7-2. Legislative findings; policy of state and intent of chapter.
                        It is found that soil erosion and sediment deposition onto lands and into waters within the
                        watersheds of this state are occurring as a result of widespread failure to apply proper soil
                        erosion and sedimentation control practices in land clearing, soil movement, and construction
                        activities and that such erosion and sediment deposition result in pollution of state waters and
                        damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is
                        therefore declared to be the policy of this state and the intent of this chapter to strengthen and
                        extend the present erosion and sediment control activities and programs of this state and to
                        provide for the establishment and implementation of a state-wide comprehensive soil erosion and
                        sediment control program to conserve and protect the land, water, air, and other resources of
                        this state. (Ga. L. 1975, p. 994, ï¿½ 2.)

                        General Description
                                The Georgia Erosion and Sedimentation Act requires that each county or municipality
                        adopt a comprehensive ordinance establishing procedures governing land-disturbing                             0
                        activities based on the minimum requirements established by the Act. The Erosion and
                        Sedimentation Act is administered by the Environmental Protection Division of the Georgia
                        Department of Natural Resources. Permits are required for specified "land disturbing
                        activities," including the construction or modification of manufacturing facilities,
                        construction activities, certain activities associated with transportation facilities, activities             0
                        on marsh hammocks, etc. With certain constraints, permitting authority can be delegated to
                        local governments.

                                One provision of the Erosion and Sedimentation Act requires that land disturbing
                        activities shall not be conducted within 25 feet of the banks of any state waters unless a
                        variance is granted (O.C.G.A. 12-7-6-(15)). Construction of single family residences under                    0
                        contract with the owner are exempt from the permit requirement but are still required to meet
                        the standards of the Act (O.C.G.A. 12-7-17-(4)). Large development projects, both
                        residential and commercial, must obtain a permit and meet the requirements of the Act. The
                        Memorandum of Agreement between the Environmental Protection Division and the Coastal
                        Resources Division specifies the means by which permits issued under the Erosion and


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              DRAFT November 1996                            POL ICIES A ND MA NA GEMEN T A U THORI TIES


                      Sedimentation Act are consistent with the Georgia Coastal Management Program. Permits
                      within the jurisdiction of the Coastal Marshlands Protection Act and the Shore Protection Act
                      can include requirements that certain minimum water quality standards be met as a condition
                      of the permit.

                              There are specific exemptions to the requirements of the Erosion and Sedimentation
                      Act (O.C.G.A. 12-7-17 - Exemptions). The exemptions include: Surface mining, granite
                      quarrying, minor land-disturbing activities such as home gardening, construction of single-
                      family homes built or contracted by the homeowner for his own occupancy, agricultural
                      practices, forestry land management practices, dairy operations, livestock and poultry
                      management practices, construction of farm buildings, and any projects carried out under the
                      supervision of the Natural Resource Conservation Service of the U.S. Department of
                      Agriculture.    Exemptions from the requirements of the Act also apply to any project
                      involving five acres or less, provided that the exemption does not apply to any land-
                      disturbing activities within 200 feet of the bank of any state waters. Construction or
                      maintenance projects undertaken or financed by the Georgia Department of Transportation,
                      the Georgia I-1ighway Authority, or the Georgia Tollway Authority, or any road or
                      maintenance project undertaken by any county or municipality, are also exempt from the
                      permit requirements of the Act, provided that such projects conform to the specifications
                      used by the Georgia Department of Transportation for control of soil erosion. Exemptions
                      are also provided to land-disturbing activities by any airport authority, and by any electric
                      membership corporation or municipal electrical system, provided that such activities conform
                      as far as practicable with the minimum standards set forth in the Act at Code Section 12-7-6
                      of the Erosion and Sedimentation Act. The Georgia Department of Transportation has
                      developed a "Standard Specifications -- Construction of Roads and Bridges," which describes
                      contractor requirements, including controls for sedimentation and erosion.                   The
                      specifications describe the requirements for both temporary control measures for use during
                      the construction phase, and permanent erosion and sedimentation control measures that need
                      to be incorporated into the design of the project. Failure to comply with the provisions of
                      the specification will result in cessation of all construction activities by the contractor, and
                      may result in the withholding of monies due to the contractor according to a schedule of non-
                      performance of erosion control, and enforced by the Georgia Department of Transportation.
                       Forestry and agricultural land-disturbing activities are subject to the Best Management
                      Practices of the Georgia Forest Commission and the Georgia Soil and Water Conservation
                      Commission, respectively.









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                 CHAPTER FIVE                                                                  DRAFT November 1996



                                                          -- Hazardous Waste


                 Policy Statement
                         Georaia Hazardous Waste Manazement Act (0. C G.A. 12-8-60, et seg.)
                         12-8-61. Legislative policy.
                         It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility
                         to protect the public health, safety, and well-being of its citizens and to protect and enhance the
                         quality of its environment, to institute and maintain a comprehensive state-wide program for the
                         management of hazardous wastes through the regulation of the generation, transportation,
                         storage, treatment, and disposal of hazardous wastes. (Ga. L. 1979, p. 1127, ï¿½ 2; Ga. L. 1992, p.
                         2234, ï¿½ 5.)


                         General Description
                                 The Georgia Hazardous Waste Management Act describes a comprehensive, state-
                         wide program for the management of hazardous wastes through the regulation of the
                         generation, transportation, storage, treatment, and disposal of hazardous wastes. Hazardous
                         waste is designated by the Board of Natural Resources, and it includes any waste that the
                         Board concludes is capable of posing a substantial present or future hazard to human health
                         or the environment when improperly treated, transported, stored, disposed, or otherwise
                         managed, based on regulations promulgated by the U.S. Environmental Protection Agency.
                         The Hazardous Waste Management Act is administered and implemented by the
                         Environmental Protection Division.



                                                            -- Game and Fish


                Policy Statement
                         27-1-3. Ownership and custody of wildlife; privilege to hunt, trap, or fish; general
                         offenses.
                         (a) The ownership of, jurisdiction over, and control of all wildlife, as defined in this title, are
                         declared to be in the State of Georgia, in its sovereign capacity, to be controlled, regulated, and
                         disposed of in accordance with this title. All wildlife of the State of Georgia are declared to be
                         within the custody of the department for purposes of management and regulation in accordance
                         with this title. However, the State of Georgia, the department, and the board shall be immune
                         from suit and shall not be liable for any damage to life, person, or property caused directly or
                         indirectly by any wildlife.
                         (b) To hunt, trap, or fish, as defined in this title, or to possess or transport wildlife is declared
                         to be a privilege to be exercised only in accordance with the laws granting such privilege. Every
                         person exercising this privilege does so subject to the right of the state to regulate hunting,
                         trapping, and fishing; and it shall be unlawful for any person participating in the privileges of
                         hunting, trapping, fishing, possessing, or transporting wildlife to refuse to permit authorized
                         employees of the department to inspect and count'such wildlife to ascertain whether the
                         requirements of the wildlife laws and regulations are being faithfully complied with. Any person


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                           who hunts, traps, fishes, possesses, or transports wildlife in violation of the wildlife laws and
                           regulations violates the conditions under which this privilege is extended; and any wildlife then
                           on his person or within his immediate possession are deemed to be wildlife possessed in
                           violation of the law and are subject to seizure by the department pursuant to Code Section
                           27-1-21.
                           (c) It shall be unlawful to hunt, trap, or fish except during an open season for the taking of
                           wildlife, as such open seasons may be established by law or by rules and regulations
                           promulgated by the board or as otherwise provided by law.
                           (d) It shall be unlawful to hunt   'trap, or fish except in compliance with the bag, creel, size, and
                           possession limits and except in accordance with such legal methods and weapons and except
                           at such times and places as may be established by law or by rules and regulations promulgated
                           by the board.
                           (e) It shall be unlawful to hunt, trap, or fish for any game species after having obtained the daily
                           or season bag or creel limit for that species.
                           (f) A person -who takes any wildlife in violation of this title commits the offense of theft by
                           taking. A person who hunts, traps, or fishes in violation of this title commits the offense                 of
                           criminal attempt. Any person who violates any provision of this Code section shall be guilty of
                           a misdemeanor.
                           (g) If any court finds that any criminal violation of the provisions of this title is so egregious          as
                           to display a willful and reckless disregard for the wildlife of this state, the court may, in               its
                           discretion, suspend the violator's privilege to hunt, fish, trap, possess, or transport wildlife in
                           this state for a period not to exceed five years. Any person who hunts, fishes, traps, possesses,
                           or transports wildlife in this state in violation of such suspension of privileges shall be guilty of
                           a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished
                           by a fine of not less than $1,500.00 nor more than $5,000.00 or imprisonment for a period not
                           exceeding 12 months or both. (Ga. L. 1968, p. 497, ï¿½ 1; Code 1933, ï¿½ 45-201, enacted by Ga. L. 1977,
                           p. 396, ï¿½ 1; Ga. L. 1978, p. 816, ï¿½ï¿½ 13, 14; Ga. L. 1992, p. 2391, ï¿½ 1.)
                           27-1-4. Powers and duties of board generally.
                           The board shall have the following powers and duties relative to this title:
                           (1) Establishment of the general policies to be followed by the department under this title;
                           2) Promulgation of all rules and regulations necessary for the administration of this title
                           including, but not limited to, rules and regulations to regulate the times, places, numbers,
                           species, sizes, manner, methods, ways, means, and devices of killing, taking, capturing,
                           transporting, storing, selling, using, and consuming wildlife and to carry out this title, and rules
                           and regulations requiring daily, season, or annual use permits for the privilege of hunting and
                           fishing in designated streams, lakes, or game management areas; and
                           (3) Promulgation of rules and regulations to protect wildlife, the public, and the natural resources
                           of this state in the event of fire, flood, disease, pollution, or other emergency situation without
                           complying with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Such rules
                           and regulations shall have the force and effect of law upon promulgation by the board. (Ga. L.
                           1911, p. 137, ï¿½ 1; Ga. L. 1924, p. 10 1, ï¿½ ï¿½ 1, 3, 4; Ga. L. 193 1, p. 7, ï¿½ 25; Ga. L. 1937, p. 264, ï¿½ ï¿½ 1, 4, 9; Ga.
                           L. 1943, p. 128, ï¿½ï¿½ 1, 2,14; Ga. L. 1955, p. 483, ï¿½ 3; Ga. L. 1972, p. 1015, ï¿½ 1527; Ga. L. 1973, p. 344, ï¿½ 1;
                           Code 1933, ï¿½ 45-103, enacted by Ga. L. 1977, p. 396, ï¿½ 1; Ga. L. 1978, p. 816, ï¿½ 7; Ga. L. 1979, p. 420, ï¿½ 3;
                           Ga. L. 1987, p. 179, ï¿½ 1.)





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                         General Description
                                 The Official Code of Georgia Annotated, Title 27, Chapter 1 (known as the Game
                         and Fish Code) provides the ownership of, jurisdiction over, and control of all wildlife to be
                         vested in the State of Georgia. The section declares that custody of all wildlife in the state
                         is vested with the Georgia Department of Natural Resources for management and regulation.
                         The Wildlife Resources Division is the principal State agency vested with statutory authority
                         for the protection, management and conservation of terrestrial wildlife and fresh water
                         wildlife resources, including fish, game, non-game and endangered species. All licensing
                         of recreational and commercial fish and wildlife activities, excluding shellfish, is performed
                         by the Wildlife Resources Division. The Coastal Resources Division issues shellfish
                         permits, regulates marine fisheries activities including the opening and closing of the
                         commercial shrimp harvesting season, areas of shrimp harvest, regulates marine species size
                         and creel limits, and enforces the National Shellfish Sanitation Program. The Commissioner
                         of the Department of Natural Resources has directed that there will be cooperation and
                         coordination between the Divisions of the Department in the administration of their
                         respective responsibilities.



                                                             Georgia Heritage


                Policy Statement
                         Georgia Heritage Trust Act (0, C. G.A. 12-3- 70, et seg.)
                         12-3- 71. Legislative purpose.
                         The General Assembly finds that certain real property in Georgia, because it exhibits unique
                         natural characteristics, special historical significance, or particular recreational value, constitutes
                         a valuable heritage which should be available       to all Georgians, now and in the future. The
                         General Assembly further finds that much of this real property, because of Georgia's rapid
                         progress over the past decade, has been altered, that its value as part of our heritage has been
                         lost, and that such property which remains is in danger of being irreparably altered. The General
                         Assembly declares, therefore, that there is an urgent public need to preserve important and
                         endangered elements of Georgia's heritage, so as to allow present and future citizens to gain
                         an understanding of their origins in nature and their roots in the culture of the past and to ensure
                         a future sufficiency of recreational resources. The General Assembly asserts the public interest
                         in the state's heritage by creating the Heritage Trust Program which shall be the responsibility
                         of the Governor and the Department of Natural Resources and which shall seek to protect this
                         heritage through the acquisition of fee simple title or lesser interests in valuable properties and
                         by utilization of other available methods. (Ga. L. 1975, p. 962, ï¿½ 2.)

                         General Description
                                 Georgia's Heritage Trust Act of 1975 seeks to preserve certain real property in
                         Georgia that exhibits unique natural characteristics, special historical significance, or
                         particular recreational value. This Act created the Heritage Trust Commission, composed


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              DRAFTNovember 1996                             POL ICIES A ND MA NA GEMEN T A U THORI TIES


                      of 15 members appointed by the Governor, and who represent a variety of interests and
                      expertise. The Commission served as an advisory body to the Governor and to the Board of
                      the Department of Natural Resources, making recommendations concerning the
                      identification, designation, and acquisition of heritage areas. Note: Although this Act is still
                      in Georgia law, the Commission's term expired and the implementation and administration
                      of many of the goals of the Act has been superseded by the Heritage 2000 Program.



                                                        Groundwater Use


              Policy Statement
                      Groundwater Use Act (0. C G.A. 12-5-90, et seg.)
                      12-5-91. Declaration ofpolicy.
                      The general welfare and public interest require that the water resources of the state be put to
                      beneficial use to the fullest extent to which they are capable, subject to reasonable regulation
                      in order to conserve these resources and to provide and maintain conditions which are conducive
                      to the development and use of water resources. (Ga. L. 1972, p. 976, ï¿½ 2.)

                      General Description
                              The Groundwater Use Act charges the Board of Natural Resources with the
                      responsibility to adopt rules and regulations relating to the conduct, content, and submission
                      of water conservation plans, including water conservation practices, water drilling protocols,
                      and specific rules for withdrawal and utilization of groundwater. The Environmental
                      Protection Division administers these rules and regulations. Groundwater withdrawals of
                      greater than 100,000 gallons per day require a permit from the Environmental Protection
                      Division. Permit applications that request an increase in water usage must also submit a
                      water conservation plan approved by the Director of Environmental Protection Division
                      (O.C.G.A. 12-5-96). The Envirom-nental Protection Division has prepared a comprehensive
                      groundwater management plan for coastal Georgia that addresses water conservation
                      measures, protection from saltwater encroachment, reasonable uses, preservation for future
                      development and economic development issues. The Memorandum of Agreement with the
                      Environmental Protection Division ensures that permits issued under the Groundwater Use
                      Act must be consistent with the Georgia Coastal Management Program.












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                  CHAPTER FIVE                                                                      DRAFTNovember 1996



                                                                  Natural Areas


                 Policy Statement
                           Geomia Natural Areas Act (0. C. G.A. 12-3-90, et seg.)
                           12-3-91. Legislative findings and declaration ofpurpose.
                           The General Assembly finds that there is an increasing nation-wide concern over the
                           deterioration of man's natural environment in rural as well as urban areas; that there is a serious
                           need to study the long-term effects of our civilization on our natural environment; that while the
                           State of Georgia is still richly endowed with relatively undisturbed natural areas, these areas are
                           rapidly being drastically modified and even destroyed by human activities; that it is of the utmost
                           importance to preserve examples of such areas in their natural state, not only for scientific and
                           educational  purposes but for the general well-being of our society and its people. Therefore, it
                           shall be the purpose and function of the Department of Natural Resources to:
                           (1) Identify natural areas in the State of Georgia which are of unusual ecological significance;
                           (2) Use its  influence and take any steps within its power to secure the preservation of such
                           areas in an  undisturbed natural state in order that such areas may:
                           (A) Be studied scientifically;
                           (B) Be used for educational purposes;
                           (C) Serve as examples of nature to the general public; and
                           (D) Enrich the quality of our environment for present and future generations; and
                           (3) Recommend areas or parts of areas for recreational use. (Ga. L. 1969, p. 750, ï¿½ 2; Ga. L. 1972,
                           p. 1015, ï¿½ 1511.)                                                                                                       9
                           12-3-92. "Natural areas" defined.
                           As used in this article, the term "natural areas" means a tract of land in its natural state which
                           may be set aside and permanently protected or managed for the purpose of the preservation of
                           native plant or animal communities, rare or valuable individual members of such communities,
                           or any other natural features of significant scientific, educational, geological, ecological, or
                           scenic value. (Ga. L. 1966, p. 330, ï¿½ 2; Ga. L. 1969, p. 750, ï¿½ 3.)                                                     0

                           General Description
                                   The Georgia Natural Areas Act authorizes the Department of Natural Resources to
                           identify areas in the State of Georgia which are of unusual ecological significance, and to
                           secure the preservation of such areas in an undisturbed natural state. The purpose for such                             0
                           acquisition is to allow scientific study of the property, education, to "serve as examples of
                           nature to the general public," and to "enrich the quality of our environment for present and
                           future generations." Natural areas, as defined by the Act, are tracts of land in their natural
                           state that are to be set aside and permanently protected or managed for the purpose of
                           preserving natural plant or animal communities, rare or valuable members of such                                        41
                           communities, or any other natural features of significant scientific, educational, geologic,
                           ecological, or scenic value.






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               DRAFTNovember 1996                                POLICIES AND MANAGEMENT AUTHORITIES



                                         -- Nongame Wildlife Conservation and Habitat --


               Policy Statement
                        Nonizame Wildlife Conservation and Habitat Fund (0. C. G.A. 12-3-600, et seg.)
                        12-3-600. Legislative findings; policy of state.
                        The General Assembly finds that it is in the best interest of the state to provide for the
                        conservation of nongame species of wildlife for the benefit and nonconsumptive use of the
                        citizens of Georgia. Historically, wildlife conservation programs have been focused on the more
                        recreationally and commercially important game species. As a consequence, such programs have
                        been largely financed by hunting and fishing license revenues and by federal assistance based
                        on excise taxes on certain hunting and fishing equipment. These traditional financing
                        mechanisms are neither adequate nor fully appropriate to meet the needs of nongame wildlife
                        conservation programs and wildlife habitat acquisition programs which enhance the protection
                        of nongame species. It is the policy of this state to enable and encourage citizens voluntarily to
                        support nongame wildlife conservation programs and wildlife habitat acquisition programs. (Code
                        1981, ï¿½ 12-3-600, enacted by Ga. L. 1985, p. 700, ï¿½ 1.)

                        General Description
                                Georgia's Nongame Wildlife Conservation and Habitat Fund (O.C.G.A. 12-3-600,
                        et seq.) provides the Department of Natural Resources a mechanism to establish nongame
                        wildlife conservation and habitat acquisition, as well as education programs to enhance the
                        protection of nongame flora and fauna. The Department of Natural Resources may solicit
                        voluntary contributions through an income tax return contribution mechanism, by offers to
                        match contributions, or by fund raising or other promotional techniques. Any funds collected
                        are placed into a "Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund."



                                                    Oil and Gas and Deep Drilling


               Policy Statement
                        Georgia Oil and Gas and Deep Drilling Act (0, C G.A. 12-4-40, et seg.)
                        12-4-41. Legislative findings and declaration ofpolicy.
                        The General Assembly finds and declares that its duty to protect the health, safety, and welfare
                        of the citizens of this state requires that adequate protection of underground fresh water
                        supplies be assured in any drilling operation which may penetrate through any stratum which
                        contains fresh water. This duty further requires that adequate protection be assured in any
                        drilling or the use of such drilled wells in certain other environmentally sensitive areas or in other
                        circumstances where the result of such drilling and use may endanger the health, safety, and
                        welfare of the citizens of this state. It is not the policy of the General Assembly to regulate the
                        drilling of shallow exploration or engineering holes except in such environmentally sensitive areas
                        as defined in this part. The General Assembly further finds and declares that, with the current
                        energy shortage which this state and nation face, it must encourage oil and gas exploration to
                        identify new sources of energy, but not at the expense of our important natural resources such



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                 CHAPTER FIVE                                                                    DRAFTNovember 1996



                         as residential, municipal, and industrial supplies of fresh    water. The General Assembly further
                         finds and declares that with an increase in oil exploration,   it must provide assurances to persons
                         engaging in such exploration that adequate safeguards regarding results of exploration will
                         remain privileged information for a specified time. The General Assembly further finds and
                         declares that it is in the public interest to obtain, protect, and disseminate all possible geologic
                         information associated with drilling operations in order to    further the purposes of future energy
                         related research. (Ga. L. 1975, p. 966, ï¿½ 1.)

                         General Description
                                  Georgia's Oil and Gas and Deep Drilling Act regulates oil and gas drilling activities
                         to provide protection of underground freshwater supplies and certain "environmentally
                         sensitive" areas. The Board of Natural Resources has the authority to implement this Act.
                         The Act establishes r@quirements fo'r drilling, casing, and plugging of wells for oil, gas, or
                         mineral exploration: (1) to alleviate escape of gas or oil from one stratum to another; (2) to
                         prevent the pollution of freshwater by oil, gas, salt water or other contaminants; (3) to
                         prevent drowning of any stratum that might reduce the total ultimate recovery of gas or oil;
                         and, (4) to prevent fires, waste, and spillage of contaminants such as oil.



                                                           -- Phosphate Nfining


                Policy Statement
                         Licenses to dig, mine, and remove phosphate deposits; restrictions on license holders.,
                         (O.C.G.A. 12-4-100, et seq.)
                                 Whenever any person discovers phosphate rock or phosphatic deposits in the navigable
                         streams or waters of this state or in any public land on their banks or margins and files with the
                         Secretary of State notice of such discovery and a description of the location thereof, he shall
                         be entitled to receive from the Secretary of State a license giving him or his assigns the
                         exclusive right, for ten years from the date of the license, of digging, mining, and removing from
                         such location and from an area for a distance of five miles in any or all directions therefrom the
                         phosphate rock and phosphatic deposits that may be found therein, provided that persons
                         receiving or holding such licenses shall in no way interfere with the free navigation of the
                         streams and waters or the private rights of any citizen residing on or owning the lands upon the
                         banks of such navigable rivers and waters; provided, further, that as long as the license remains
                         in effect, no person, natural or artificial, shall have the privilege of locating a claim within 20
                         miles of any other claim for which he has received a license. (Ga. L. 1884-85, p. 125, ï¿½ 1; Civil Code
                         1895, ï¿½ 1726; Civil Code 1910, ï¿½ 1977; Code 1933, ï¿½ 43-401.)


                         General Description
                                 The laws found at O.C.G.A. 124-100, et seq., describe the State's management of
                         phosphate deposits. There is great interest in phosphate mining in Georgia. In fact, the
                         citizens of Georgia developed the Coastal Marshlands Protection Act in an effort to limit
                         potential adverse environmental impacts from a proposed phosphate mining operation. The


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               DRAFT November 1996                              POL ICIES A ND MA NA GEMEN T A U THORI TIES


                        Secretary of State is charged with the Administration of this Statute, and is networked with
                        the Georgia Coastal Management Program.



                                                    -- Protection of Tidewaters --


               Policy Statement
                        Protection of Tidewaters Act (0. C G.A. 52-1-1. et seg.)
                        52-1-2. Legislative findings and declaration ofpolicy.
                        The General Assembly finds and declares that the State of Georgia became the owner of the
                        beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the Crown
                        of England and by the common law. The State of Georgia continues to hold title to the beds
                        of all tidewaters within the state, except where title in a private party can be traced to a valid
                        Crown or state grant which explicitly conveyed the beds of such tidewaters. The General
                        Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the
                        people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage,
                        navigation, commerce, and transportation, pursuant to the common law public trust doctrine.
                        Therefore, the General Assembly declares that the protection of tidewaters for use by the state
                        and its citizens has more than local significance, is of equal importance to all citizens of the
                        state, is of state-wide concern, and, consequently, is properly a matter for regulation under the
                        police powers of the state. The General Assembly further finds and declares that structures
                        located upon tidewaters which are used as places of habitation, dwelling, sojournment, or
                        residence interfere with the state's proprietary interest or the public trust, or both, and must be
                        removed to ensure the rights of the state and the people of the State of Georgia to the use and
                        enjoyment of such tidewaters. It is declared to be a policy of this state and the intent of this
                        article to protect the tidewaters of the state by authorizing the commissioner of natural
                        resources to remove or require removal of certain structures from such tidewaters in accordance
                        with the procedures and within the timetable set forth in this article. (Code 1981, ï¿½ 52-1-2, enacted
                        by Ga. L. 1992, p. 2317, ï¿½ 1.)

                        General Description
                                The Protection of Tidewaters Act establishes the State of Georgia as the owner of the
                        beds of all tidewaters within the State, except where title by a private party can be traced to
                        a valid British Crown or state land grant. The Act provides the Department of Natural
                        Resources the authority to remove those "structures" that are capable of habitation, or
                        incapable of or not used for transportation. Pen-nits for such structures may not extend past
                        June 30, 1997. The Act provides procedures for removal, sale or disposition of such
                        structures. (This is similar to the Right of Passage Act, except that it is specific to tidewaters
                        rather than all waters of Georgia).







                                                                  -Iol-











                CHAPTER FIVE                                                               DRAFT November 1996



                                                       -- Recreational Docks


               Policy Statement
                        50-16-61. General supervision and of
                                                                  Me assignment.
                                The Governor shall have general supervision over all property of the state with power
                        to make all necessary regulations for the protection thereof, when not otherwise provided for.
                        He shall assign rooms in the capitol to all officers who are required to hold their offices there
                        and, in the absence of any legislative provision, designate the purpose to which other rooms
                        shall be applied.


                        General Description
                                O.C.G.A. 50-16-61 describes the general supervision of State properties as the
                        responsibility of the Governor. Under this authority, the Department of Natural Resources
                        Coastal Resources Division issues revocable licenses for recreational docks on State-owned
                        tidal water bottoms. In 1995, the Georgia Supreme Court found that the State owns fee
                        simple title to the foreshore on navigable tidal waters and, as a result, owns the river's water
                        bottoms up to the high water mark and may regulate the use of these tidelands for the public
                        good. (Doffoh v. McCarthy 265 Ga. 750,462 S.E. 2d 708 (1995)). The Opinion of the State
                        Attorney General states: "In managing tidelands, the Department of Natural Resources acts
                        under the authority of this section and the Department's employment of the extension of
                        property lines method of allocating use of state-owned waterbottoms may be generally
                        acceptable, but rigid adherence to such a policy when it denies deep water access to a riparian
                        or littoral owner, may cause inequitable results (1993 Op. Att'y Gen. No. 93-25.) As
                        described in the State Properties Code (O.C.G.A. 50-16-30, et seq.), the term "Revocable
                        License" means "the granting, subject to certain terms and conditions contained in a written
                        revocable license or agreement, to a named person or persons (licensee), and to that person
                        or persons only, of a revocable privilege to use a certain described parcel or tract of the
                        property to be known as the licensed premises for the named purpose." A revocable license
                        may be revoked, cancelled, terminated, with or without cause, at any time by the licensor.



                                                         -- RiLyht of Passage


               Policy Statement
                        Right of Passare Act (O.C.G.A. 52-1-30, et-seg.)
                        52-1-31. Legislative findings and declaration ofpolicy.
                        The General Assembly finds and declares that by the common law the citizens of this state have
                        an inherent right to use as highways all navigable streams and rivers which are capable of
                        transporting boats loaded with freight in the regular course of trade either for the whole or part
                        of the year and that this right of use extends to the entire surface of the stream or river from
                        bank to bank. The General Assembly further finds that the common law regarding such right
                        of use has not been modified by statute nor is it incompatible with the federal or state


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                DRAFT November 1996                               POL ICIES A ND MA NA GEMEN T A U THOM TIES



                        constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the
                        citizens of this state of navigable streams and rivers which are capable of transporting boats
                        loaded with freight in the regular course of trade either for the whole or part of the year as
                        highways has more than local significance, is of equal importance to all citizens of the state, is
                        of state-wide concern, and, consequently, is properly a matter for regulation under the police
                        powers of the state. The General Assembly further finds and declares that structures located
                        upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment,
                        or residence interfere with the citizens' right to use the entire surface of such streams and rivers
                        which are capable of transporting boats loaded with freight in the regular course of trade either
                        for the whole or part of the year from bank to bank as highways and must be removed to ensure
                        the rights of the citizens of this state to such usage. It is declared to be a policy of this state
                        and the intent of this article to ensure such rights of the citizens of this state by authorizing the
                        commissioner of natural resources to remove or require removal of certain structures from such
                        streams and rivers which are capable of transporting boats loaded with freight in the regular
                        course of trade either for the whole or part of the year in accordance with the procedures and
                        within the timetable set forth in this article. (Code 1981, ï¿½ 52-1-31, enacted by Ga. L. 1992, p. 2317,
                        ï¿½ 1.)


                        General Description
                                 The Right of Passage Act declares the right of use of all navigable waterways of the
                        state by all citizens of Georgia. The Act establishes the mechanism to remove "structures"
                        that are capable of being used as a place of habitation, are not used as or are not capable of
                        use as a means of transportation, and do not have a permit under the Act. Permits shall not
                        be issued for a term ending after June 30, 1997. The Right of Passage Act is implemented
                        by the Department of Natural Resources Law Enforcement Division. (This is similar to the
                        Protection of Tidewaters Act, except that it is specific to all navigable waters rather than
                        tidewaters Georgia).



                                                           -- River Corridors --


                Policy Statement
                        12-2-8-. Promulgation of minimum standards and procedures for protection of natural
                        resources, environment, and vital areas of state.
                        (a) The local governments of the State of Georgia are of vital importance to the state and its
                        citizens. The state has an essential public interest in promoting, developing, sustaining, and
                        assisting local governments. The natural resources, environment, and vital areas of the state
                        are also of vital importance to the state and its citizens. The state has an essential public
                        interest in establishing minimum standards for land use in order to protect and preserve its
                        natural resources, environment, and vital areas. The purpose of this Code section shall be
                        liberally construed to achieve its purpose. This Code section is enacted pursuant to the
                        authority granted the General Assembly in the Constitution of the State of Georgia, including,
                        but not limited to, the authority provided in Article III, Section VI, Paragraphs I and 11(a)(1) and
                        Article IX, Section 11, Paragraphs III and IV.


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                CHAPTER FIVE                                                                  DRAFT November 1996



                         (b) The department is therefore authorized to develop minimum standards and procedures, in
                         accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance
                         with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum
                         standards and procedures, for the protection of natural resources, environment, and vital areas
                         of the state, including, but not limited to, the protection of mountains, the protection of river
                         corridors, the protection of watersheds of streams and reservoirs which are to be used for public
                         water supply, for the protection of the purity of ground water, and for the protection of
                         wetlands, which minimum standards and procedures shall be used by local governments in
                         developing, preparing, and implementing their comprehensive plans as that term is defined in
                         paragraph (3) of subsection (a) of Code Section 50-8-2. (Code 1981, ï¿½ 12-2 8, enacted by Ga, L. 1989,
                         p. 1317, ï¿½ 5.1; Ga. L. 1991, p. 1719, ï¿½ 1; Ga. L. 1992, p. 6. ï¿½ 12; Ga L. 1993, p. 91, ï¿½ 12.)

                         General Description
                                 The statute that is informally known as the Mountain and River Corridor Protection
                         Act (O.C.G.A 12-2-8) the Department of Natural Resources to develop minimum standards
                         for the protection of river corridors (and mountains, watersheds, and wetlands) that can be
                         adopted by local governments. The Act is administered by the Environmental Protection
                         Division. All rivers in Georgia with an average annual flow of 400 cubic feet per second
                         (cfps) are covered by the Act, except those within the jurisdiction of the Coastal Marshlands
                         Protection Act. Some of the major provisions of the Act include: Requirements for a 100
                         foot vegetative buffer on both sides of rivers; consistency with the Erosion and
                         Sedimentation Control Act; and local governments must identify river corridors in land-use
                         plans developed under their respective comprehensive planning acts.

                                The Regional Development Centers are instrumental in helping the local governments
                         to enact the provisions of this Act. The Coastal Georgia Regional Development Center has
                         prepared a Regional River Corridor Protection Plan for counties within their jurisdiction. The
                         Plan describes the ten local governments and the associated rivers that are affected by the
                         River Corridor Protection Act. The document prepared by the Regional Development Center
                         describes a regional plan for the protection of river corridors, which is preferable to having
                         the ten local governments prepare individual plans. The plan provides for construction of
                         road crossings, acceptable uses of river corridors, maintenance of a vegetative buffer along
                         the river for a minimum of 100 feet from the river's edge (residential structures are allowed
                         within the buffer zone), timber production standards, wildlife and fisheries management,
                         recreation, and other uses. The local governments within the Coastal Regional Development
                         Center jurisdiction affected by the River Corridor Protection Act, and their respective rivers
                         are listed below. Eight coastal counties, and two coastal cities (Richmond Ifill and
                         Woodbine) are affected.

                                Adoption of language addressing the River Corridor Protection Act is required in
                         local comprehensive plans. The following counties and cities have adopted a Regional River
                         Corridor Protection Plan:


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                  DRAFT November 1996                                        POL ICIES A ND MA NA GEMEN T A U THORI TIES


                                      Bryan County        ...................... Canoochee River
                                                                              Ogeechee River
                                      City of Richmond Hill           ........ Ogeechee River
                                      Camden County           .................. Satilla River
                                                                              St. Mary's River
                                      City of Woodbine          ............... Satilla River
                                      Chatham County           ................. Savannah River
                                      Effingham County           ............... Ogeechee River
                                                                              Savannah River
                                      Glynn County        ...................... Altamaha River
                                      Liberty County        .................... Canoochee River
                                      Long County         ....................... Altamaha River
                                      McIntosh County          ................ Altamaha River

                            The following counties have not yet adopted a River Corridor Protection Plan (as of
                            October 1996).

                                      Charleton County          ................ St. Mary's River
                                      Brantley County         .................. Satilla River
                                      Wayne County        . ................... Altamaha River

                                      Jurisdiction of the River CorTidor Protection Act extends along the above named
                            rivers from the limit of the Coastal Marshlands Protection Act jurisdiction, upstream through
                            the coastal counties.



                                                                    Safe Drinkina Water --


                  Policy Statement
0                           Georgia Safe Drinking Water Act (0. C. G.A. 12-5-170, et seg.)
                            12-5-171. Declaration ofpolicy; legislative intent, Environmental Protection Division to
                            administerpart.
                            As a guide to the interpretation and application of this part, it is declared to be the policy of the
                            State of Georgia that the drinking waters of the state shall be utilized prudently to the maximum
                            benefit of the people and that the quality of such waters shall be considered a major factor in
40                          the health and welfare of all people in the State of Georgia. To achieve this end, the government
                            of the state shall assume responsibility for the quality of such waters and the establishment and



                            I Wayne County has addresses the provisions of the River Corridor Protection Act in its County Growth
0                 Management Plan entitled "Evergreen Tomorrow."

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                CHAPTER FIVE                                                               DRAFT November 1996



                        maintenance of a water-supply program adequate for present needs and designed to care for the
                        future needs of the state.
                                This requires that an agency of the state be charged with this duty and that it have the
                        authority to require the use of reasonable methods, that is, those methods which are
                        economically and technologically feasible, to ensure adequate water of the highest quality for
                        water-supply systems. Because of substantial and scientifically significant variations in the
                        characteristics, usage, and effect upon public interest of the various surface and underground
                        waters of the state, uniform requirements will not necessarily apply to all waters or segments
                        thereof. It is the intent of this part to confer discretionary administrative authority upon such
                        agency to take the above and related circumstances into consideration in its decisions and
                        actions in determining, under the conditions prevailing in specific cases, those procedures to
                        best protect the public interests.
                                The Environmental Protection Division of the Department of Natural Resources shall be
                        the state agency to administer the provisions of this part consistent with the above-stated
                        policy. (Code 1933, ï¿½ 88-2601, enacted by Ga. L. 1964, p.499, ï¿½ 1; Ga. L. 1977, p.351, ï¿½ 1.)

                        General Description
                                The Georgia Safe Drinking Water Act of 1977 charges the Environmental Protection
                        Division with the responsibility for maintaining the quality of drinking water and the
                        maintenance of a water-supply program adequate for present and future needs of the state.
                        The Environmental Protection Division is designated as the agency to establish rules and
                        policies for the proper administration of drinking water management programs.



                                                            Scenic Rivers


               PoUcy Statement                                                                                                       0
                        Georcia Scenic Rivers Act (O.C G.A. 12-5-350, et seg.)
                        12-5-352. Rivers comprising the Georgia Scenic River System.
                        (a) The Georgia Scenic River System shall be comprised of the following:
                        (1) That portion of the Jacks River contained within the.Cohutta National Wilderness Area and
                        located in Fannin and Murray counties, Georgia, which portion extends a length of approximately
                        16 miles;                                                                                                    Is
                        (2) That portion of the Conasauga River located within the Cohutta National Wilderness Area
                        and located in Fannin, Gilmer, and Murray counties, Georgia, which portion extends a length of
                        approximately 17 miles;
                        (3) That portion of the Chattooga River and its West Fork which are now designated as part of
                        the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, which
                        portion extends a length of approximately 34 miles; and
                        (4) That portion of Ebenezer Creek from Long Bridge on County Road S 393 to the Savannah
                        River and located in Effingham County, Georgia, which portion extends a length of
                        approximately seven miles.
                        (b) The Georgia Scenic River System shall also be comprised of any river or section of a river
                        designated as a scenic river by Act or resolution of the General Assembly. (Ga. L. 1969, p. 933,
                        ï¿½ 3; Ga. L. 1978, p. 2207, ï¿½ 1; Ga. L. 1981, p. 459, ï¿½ 1.)


                                                                 -106-



                                                                                                                                     0











               DRAFT November 1996                              POL ICIES A ND MA NA GEMEN T A U THORI TIES


                       General Description
                               The Georgia Scenic Rivers Act of 1969 defines "scenic river" to mean certain rivers
                       or section of rivers that have valuable scenic, recreational, or natural characteristics that
                       should be preserved for the benefit and enjoyment of present and future generations. Certain
                       sections of rivers are named in the Act, and the process for designating other sections of
                       Georgia rivers is described. The Georgia Scenic Rivers Act is administered by the
                       Environmental Protection Division.



                                                             Scenic Trails


               Policy Statement
                       Georgia Scenic Trails Act (0, C. G.A. 12-3-110, et seg.)
                       12-3411. Legislative purpose.
                       In order to provide for the increasing outdoor recreation needs of an expanding population with
                       an increasing amount of leisure time, in order to promote the enjoyment and appreciation of the
                       outdoor areas of Georgia, and in order to provide for a healthful alternative to motorized travel,
                       trails should be established in urban, suburban, rural, and wilderness areas of Georgia. Therefore,
                       the purpose of this article is to provide for a Georgia Scenic Trails System. (Ga. L. 1972, p. 142,
                       ï¿½ 2.)


                       General Description
                               The Georgia Scenic Trails Act provides the authority to the Department of Natural
                       Resources to establish a Scenic Trails System in Georgia. The Department is authorized to
                       construct, maintain, and manage trails on lands acquired through purchase, easement, lease
                       or donation. The purpose is to create a balanced system of trails throughout the State,
                       including urban, bicycle, horse, rural hiking, primitive hiking, historical, bikeways, and
                       combination trails. The Georgia Department of Transportation is authorized to construct the
                       bicycle trails and bikeways after the DNR has determined their routes,



                                                             Septic Tanks --


               Policy Statement
                       Title 31 -- Health (O.C G.A. Title 31 generally)
                       31-2-7. Standards for individual sewage management systems.
                       (b) The Department of Human Resources shall have the authority as it deems necessary and
                       proper to adopt state-wide minimum standards for on-site, individual sewage management
                       systems, including but not limited to standards for the size and construction of septic tanks.
                       The Department is authorized to require that any on-site, individual sewage management system
                       be examined and approved prior to allowing the use of such system in the state. Any on-site,
                       individual sewage management system which has been properly approved shall, by virtue of


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                 CHAPTER FIVE                                                                      DRAFT November 1996



                          such approval and by operation of law, be approved for installation in every county of the state;
                          provide, however, that such on-site, individual sewage management system shall be required
                          to meet local regulations authorized by law. Upon written request of three or more health
                          districts, the department is authorized to require the reexamination of any such system or
                          component thereof, provided that documentation is submitted indicating unsatisfactory service
                          of such system or component thereof. Before any such examination or reexamination, the
                          department may require the person, persons, or organization manufacturing or marketing the
                          system to reimburse the department or its agent for the reasonable expenses of such
                          examination. (Code 1981, ï¿½ 31-2-7, enacted by Ga. L 1992, p. 3308, ï¿½ 1; Ga. L. 1994, p. 1777, ï¿½ 1.)
                          31-3-5.1. Regulations for septic tanks or individual sewage nianagernent systenis in unincorporated areas;
                          conforndty to building permit.
                          (b) No building permit for the construction of any residence, building, or other facility which is
                          to be served by a septic tank or individual sewage management system shall be issued by or
                          pursuant to the authority of a county governing authority unless the septic tank or individual
                          sewage management system installation permit is in conformity with any state-wide minimum
                          standards for sewage management systems or the rules and regulations of the county board of
                          health adopted pursuant to the authority of subsection (a) of this Code section. No person, firm,
                          corporation, or other entity shall install a septic tank or individual sewage management system
                          in violation of any state-wide minimum standards or the regulations of a county board of health
                          adopted pursuant to the authority of subsection (a) of the Code section. Each county governing
                          authority shall provide by ordinance or resolution for the enforcement of the provisions of this
                          subsection. (Code 1981, ï¿½ 31-3-5.1, enacted by Ga. L. 1986, p. 227, ï¿½ 1; Ga. L. 1992, p. 3308. ï¿½ 2; Ga. L.
                          1994, p. 1777, ï¿½ 2.)                                                                                                    0

                          General Description
                                   As stated above, the standards and regulations for individual sewage management
                          systems are found at O.C.G.A. 31-2-7, and at 31-3-5.1. The Department of Human
                          Resources and the county boards of health are described and established by Title 3 1. There                             0
                          are other references for the management of septic systems throughout the Code, including
                          references within the River Corridor Protection Act (O.C.G.A. 12-2-8), the Georgia Water
                          Quality Control Act (O.C.G.A. 12-5-20), and others, which make reference to safe siting of
                          septic systems to ensure that leachate from those systems does not infiltrate the waters of the
                          state. The county board(s) of health are provided the authority and the responsibility of                               0
                          ensuring safe installation and maintenance of septic systems.



                                                                   -- Shellfish


                 Policy Statement
                          27-4-190. Master collecting and picker's permits; hours for taking shellfish;
                          recreational harvesting.
                          (a) It shall be unlawful to take or possess shellfish in commercial quantities or for commercial
                          purposes without first having obtained a master collecting permit or without proof of purchase
                          that such shellfish were purchased from a certified shellfish dealer. Master collecting permits


                                                                       _108-











               DRAFTNovember 1996                                 POL ICIES A ND MA NA GEMEN T A U THORI TIES



                        shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and
                        shall only be issued to persons certified by the Department of Agriculture to handle shellfish
                        unless permission to take and possess shellfish for mariculture purposes has been granted by
                        the department as described in subsection (d) of Code Section 27-4-197. Such permits shall
                        be provided annually at no cost by the department but shall only be issued to persons with the
                        right to harvest shellfish pursuant to Code Sections 44-8-6 through 44-8-8 or to holders of
                        leases from such persons. A permittee may request authorization from the department for
                        employees or agents, who shall be referred to as pickers, of such permittee to take shellfish
                        from permitted areas. Such request shall be in writing to the department and shall include the
                        name, address, and -personal commercial fishing license number of the picker. It shall be
0                       unlawful for pickers to take or possess shellfish as authorized under their employer's master
                        collecting permit unless they carry on their person while taking or in possession of shellfish a
                        picker's permit as provided by the department indicating the exact area and circumstances
                        allowed for taking.      Such pickers' permits and charts shall be provided annually by the
                        department at no cost and shall be in a form as prescribed by the department. Pickers must
                        possess a valid personal commercial fishing license as provided for in Code Section 27-4-110
0                       and, when a boat is used, a valid commercial fishing boat license as provided in Code Section
                        27-2-8. Master collecting permits and pickers' permits shall not be issued to persons who have
                        been convicted three times in the two years immediately preceding the filing of an application
                        for a permit of violations of this Code section, subsection (b) of Code Section 27-4-193,
                        subsections (a) and (b) of Code Section 27-4-195, or Code Section 27-4-199. Master collecting
                        permits and pickers' permits issued to master collecting permittees' agents shall be surrendered
0                       to the department upon termination of Department of Agriculture certification for handling
                        shellfish, upon termination of right to harvest shellfish, or upon violation of any provision of this
                        title. If a picker is removed from authorization to take shellfish by the master collecting
                        permittee, that picker shall immediately surrender to the department his picker's permit. It shall
                        be unlawful to possess unauthorized pickers' permits or pickers' permits issued to another
                        person.
0                       (b) It shall be unlawful for any person to take or possess shellfish from unauthorized locations
                        and during unauthorized periods of taking. It shall be unlawful to take shellfish except between
                        the hours of one-half hour before sunrise and one-half hour after sunset. (Code 1981, ï¿½ 27-4-190,
                        enacted by Ga. L. 1991, p. 693, ï¿½ 6.)
                        27-4-193. Taking sheRfish from unapproved growing areas; operating facility for controlled purification
                        of shellfish.
0                       (a) As used in this Code section, the term "approved growing area" means that area or areas
                        approved by the department for shellfish harvesting and "unapproved growing area" means all
                        other areas.
                        (b) It shall be unlawful to take or possess shellfish from unapproved growing areas except at
                        such times and places as the department may establish. The department is authorized to close
                        approved growing areas to allow transplanting at any time between January 1 and December
0                       31. It shall be unlawful to engage in transplanting of shellfish from unapproved growing areas
                        without written authorization from the department. Such authorization may condition the
                        transplanting upon compliance with current, sound principles of wildlife research and
                        management. In approving growing areas, the department shall consider such current guidelines
                        as have been established by the National Shellfish Sanitation Program at the time of approval
                        of the growing areas and current, sound principles of wildlife research and management. (Code
0                       198 1, ï¿½ 27-4-193, enacted by Ga. L. 199 1, p. 693, ï¿½ 6; Ga. L. 1992, p. 6, ï¿½ 27.)


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                 CHAPTER FIVE                                                                DRAFT November 1996


                        General Description
                                 The provisions of O.C.G.A. Title 27 (Game and Fish Code), Part 4 describe the
                        regulation of shellfish in Georgia. The provisions describe the requirements for a
                        commercial shellfish harvester to have a license, issued by the Department of Natural
                        Resources pursuant to the requirements of the U.S. Department of Agriculture. The
                        Department also is authorized to approve shellfish growing areas for commercial harvest, and
                        must consider the guidelines established by the National Shellfish Sanitation Program (see
                        Section VIE[ of this chapter). The Department conducts water sampling in areas that are
                        approved for shellfish in conjunction with the National Shellfish Sanitation Program.



                                                       Solid Waste Management


                Policy Statement
                        Georria Comprehensive Solid Waste Manazentent Act (0, C G.A. 12-8-21, et seg.)
                        12-8-21. Declaration ofpolicy, legislative intent.
                        (a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to
                        protect the public health, safety, and well-being of its citizens and to protect and enhance the
                        quality of its environment, to institute and maintain a comprehensive state-wide program for
                        solid waste management which will assure that solid waste facilities, whether publicly or
                        privately operated, do not adversely affect the health, safety, and well-being of the public and
                        do not degrade the quality of the environment by reason of their location, design, method of
                        operation, or other means and which, to the extent feasible and practical, makes maximum
                        utilization of the resources contained in solid waste.
                        (b) It is further declared to be the policy of the State of Georgia to educate and encourage
                        generators and handlers of solid waste to reduce and minimize to the greatest extent possible
                        the amount of solid waste which requires collection, treatment, or disposal through source
                        reduction, reuse, composting, recycling, and other methods and to promote markets for and
                        engage in the purchase of goods made from recovered materials and goods which are recyclable.
                        (Code 1981, ï¿½ 12-8-21, enacted by Ga. L. 1990, p. 412, ï¿½ 1; Ga. L. 1992, p. 3259, ï¿½ 1; Ga. L. 1993, p. 399,
                        ï¿½ï¿½ 1, 2.)


                        General Description
                                 The Georgia Comprehensive Solid Waste Management Act (O.C.G.A. 12-8-20, et
                        seq.) defines the rules regarding solid waste disposal in the state. Solid waste handling
                        facilities must be perinitted by the state unless an individual is disposing of waste from his
                        own residence onto land or facilities owned by him and disposal of such waste does not
                        adversely affect human health (O.C.G.A. 12-8-30.10). State law mandates that a county,
                        municipality, or group of counties beginning a process to select a site for municipal waste
                        disposal must first call at least one public meeting.





                                                                   _110-











               DRAFT November 1996                              POL ICIES A ND MA NA GEMEN T A U THORI TIES


                               In addition to the above-named jurisdictions, a regional solid waste management
                       authority must hold at least one meeting within tile jurisdiction of each participating
                       authority. Meetings held to make siting decisions for any publicly or privately owned
                       municipal solid waste disposal facility must be publicized before the meeting is held
                       (O.C.G.A. 12-8-26). Each city and county is required to develop a comprehensive solid
                       waste management plan that, at a minimum, provides for the assurance of adequate solid
                       waste handling capability and capacity for at least ten years. This plan must identify those
                       sites that are not suitable for solid waste facilities based upon environmental and land use
                       factors (O.C.G.A. 12-8-31.1); these factors may include historic and archeological sites.
                       Solid waste facilities within 5,708 yards of a national historic site are not permitted
                       (O.C.G.A. 12-8-25. 1). Solid waste facilities on property owned exclusively by a private solid
                       waste generator are generally exempt from these provisions. Local governments have the
                       authority to zone areas of environmental, historic, or cultural sensitivity and to protect those
                       sites from becoming waste disposal areas regardless of whether they are public or privately
                       owned.



                                                         -- Surface Nfining --


               Policy Statement
                       Georgia Surface Mininz Act of 1968 (O.CG.A. 12-4-70, et seg.
                       12-4-71. Legislative purpose; duty of Environmental Protection Division to administer
                       part.
                       (a) The purposes of this part are:
                       (1) To assist in achieving and maintaining an efficient and productive mining industry and to
                       assist in increasing economic and other benefits attributable to mining;
                       (2) To advance the protection of fish and wildlife and the protection and restoration of land,
                       water, and other resources affected by mining;
                       (3) To assist in the reduction, elimination, or counteracting of pollution or deterioration of land,
                       water, and air attributable to mining;
                       (4) To encourage programs which will achieve comparable results in protecting, conserving, and
                       improving the usefulness of natural resources to the end that the most desirable conduct of
                       mining and related operations may be universally facilitated;
                       (5) To assist in efforts to facilitate the use of land and other resources affected by mining so
                       that such use may be consistent with sound land use, public health, and public safety, and to
                       this end to study and recommend, wherever desirable, techniques for the improvement,
                       restoration, or protection of such land and other resources.
                       (b) The Environmental Protection Division of the department shall administer this part consistent
                       with the above-stated purposes. (Ga. L. 1968, p. 9, ï¿½ 2.)











                CHAPTER FIVE                                                                DRAFT November 1996



                        General Description
                                Georgia's Surface Mining Act (O.C.G.A. 12-4-70) regulates all surface mining in
                        Georgia, including the coastal zone. Dredging or ocean mining of materials are not directly
                        regulated by State Authority, except that sand and gravel operations are subject to the Shore
                        Protection Act.



                                                    Underground Storage Tanks


                Policy Statement
                        Georaia Underground Storame Tank Act A C G.A. 12-13-1, et seg.)
                        12-13-2. Public policy.
                        (a)   It is declared to be the public policy of the State of Georgia, in furtherance of its
                        responsibility to protect the public health, safety, and well-being of its citizens and to protect
                        and enhance the quality of its environments, to institute and maintain a comprehensive
                        state-wide program for the management of regulated substances stored in underground tanks.
                        (b) It is the intent of the General Assembly that the Environmental Protection Division of the
                        Department of Natural Resources shall be designated as the state agency to administer the
                        provisions of this chapter. The director of the Environmental Protection Division of the
                        Department of Natural Resources shall be the official charged with the primary responsibility for
                        the enforcement of this chapter. In exercising any authority or power granted by this chapter
                        and in fulfilling duties under this chapter, the director shall conform to and implement the
                        policies outlined in this chapter.
                        (c) It is the intent of the General Assembly to create an environmental assurance fund which,
                        in addition to those purposes set forth in subsections (f) and (g) of Code Section 12-13-9, may
                        also be used by owners and operators as an alternate to insurance purchased from insurance
                        companies for purposes of evidencing financial responsibility for taking corrective action and
                        compensation of third parties for bodily injury and property damage caused by sudden and
                        nonsudden accidental releases arising from operating underground storage tanks. (Code 1981, ï¿½
                        12-13-2, enacted by Ga. L. 1988, p. 2072, ï¿½ 1; Ga. L. 1989, p. 14, ï¿½ 12.)


                        General Description
                                The Underground Storage Tank Law provides the authority for the Environmental
                        Protection Division to define the state criteria for operating, detecting releases, corrective
                        actions, and enforcement of the utilization of underground storage tanks (USTs). The rules,
                        found at Chapter 391-3-15 of the Rules and Regulations of the State of Georgia, establish
                        minimum standards and procedures to protect human health and safety and to protect and to
                        maintain the quality of groundwater and surface water resources from environmental
                        contamination that could result from any releases of harmful substances stored in such tanks.
                        These requirements reflect the federal law regulating underground storage tanks as well as
                        the applicable state rules. All facilities with underground storage tanks are subject to these
                        requirements. The Memorandum of Agreement between the Georgia Coastal Resources
                        Division and Environmental Protection Division as well as the Section 401 Water Quality


                                                                  -112-











               DRAFT November 1996                              POL ICIES A ND MA NA GEMEN T A U THOM TIES


                       Certification Program ensures cooperation and coordination in the implementation of UST
                       standards within the coastal area.



                                                         -- Shore Protection --


               Policy Statement
                       Shore Protection Act (O.C G.A. 2-5-230, et seg.)
                       12-5-231. Legislative findings and declarations.
                       The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and
                       shoals comprise a vital natural resource system, known as the sand-sharing system, which acts
                       as a buffer to protect real and personal property and natural resources from the damaging
                       effects of floods, winds, tides, and erosion. It is recognized that the coastal sand dunes are the
                       most inland portion of the sand-sharing system and that because the dunes are the fragile
                       product of shoreline evolution, they are easily disturbed by actions harming their vegetation or
                       inhibiting their natural development. The General Assembly further finds that offshore sandbars
                       and shoals are the system's first line of defense against the potentially destructive energy
                       generated by winds, tides, and storms, and help to protect the onshore segment of the system
                       by acting as reservoirs of sand for the beaches. Removal of sand from these bars and shoals can
                       interrupt natural sand flows and can have unintended, undesirable, and irreparable effects on the
                       entire sand-sharing system, particularly when the historical patterns of sand and water flows are
                       not considered and accommodated. Also, it is found that ocean beaches provide an unparalleled
                       natural recreation resource which has become vitally linked to the economy of Georgia's coastal
                       zone and to that of the entire state. The General Assembly further finds that this natural
                       resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely
                       affected by man related activities and is important to conserve for the present and future use
                       and enjoyment of all citizens and visitors to this state and that the sand-sharing system is an
                       integral part of Georgia's barrier islands, providing great protection to the state's marshlands and
                       estuaries. The General Assembly further finds that this sand-sharing system is a vital area of the
                       state and is essential to maintain the health, safety, and welfare of all the citizens of the state.
                       Therefore, the General Assembly declares that the management of the sand-sharing system has
                       more than local significance, is of equal iroportance to all citizens of the state, is of state-wide
                       concern, and consequently is properly a matter for regulation under the police power of the
                       state. The General Assembly further finds and declares that activities and structures on offshore
                       sandbars and shoals, for all purposes except federal navigational activities, must be regulated
                       to ensure that the values and functions of the sand-sharing system are not impaired. It is
                       declared to be a policy of this state and the intent of this part to protect this vital natural
                       resource system by allowing only activities and alterations of the sand dunes and beaches which
                       are considered to be in the best interest of the state and which do not substantially impair the
                       values and functions of the sand-sharing system and by authorizing the local units of
                       government of the State of Georgia to regulate activities and alterations of the ocean sand dunes
                       and beaches and recognizing that, if the local units of government fail to carry out the policies
                       expressed in this part, it is essential that the department undertake such regulation. (Code 1981,
                       ï¿½ 12-5 -23 1, enacted by Ga. L. 1992, p. 1362, ï¿½ 1.)




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                 CHAPTER FIVE                                                                 DRAFT November 1996


                         General Description
                                 The Shore Protection Act is the primary legal authority for protection and
                         management of Georgia's shoreline features including sand dunes, beaches, sandbars, and
                         shoals, collectively known as the sand-sharing system. The value of the sand-sharing system
                         is recognized as vitally important in protecting the coastal marshes and uplands from Atlantic
                         storm activity, as well as providing valuable recreational opportunities.

                                 The Shore Protection Act limits activities in shore areas and requires a permit for
                         certain activities and structures on the beach. Construction activity in sand dunes is limited
                         to temporary structures such as crosswalks, and then only by permit from the Georgia Coastal
                         Resources Division. Structures such as boat basins, docks, marinas, and boat ramps are not
                         allowed in the dunes. Shore Permits, which are administered by the Coastal Resources
                         Division, are not granted for activities that are inconsistent with the Georgia Coastal
                         Management Program. The Shore Protection Act prohibits operation of any motorized
                         vehicle on or over the dynamic dune fields and beaches, except as authorized for emergency
                         vehicles, and governmental vehicles for beach maintenance or research. The Shore
                         Protection Act also prohibits storage or parking of sailboats, catarnarans, or other marine
                         craft in the dynamic dune field.

                                 Direct permitting authority regarding any proposed facilities located within the
                         jurisdictional area the Shore Protection Act lies with the Shore Protection Committee. These
                         permits are administered by the Georgia Coastal Resources Division. This authority is a very
                         important aspect of the Georgia Coastal Management Program, since recreation at the water's
                         edge is expected to be a significant recreational demand. Providing public access and
                         recreational opportunities at or near the beach while protecting the sand sharing system is an
                         important component of the Program.



                                                             Water Oualit-y


                Policy Statement
                         Georria Water Ouality Control Act (O.C G.A. 12-5-20)
                         12-5-21. Declaration ofpolicy; legislative intent.
                         (a) The people of the State of Georgia are dependent upon the rivers, streams, lakes, and
                         subsurface waters of the state for public and private water supply and for agricultural, industrial,
                         and recreational uses. It is therefore declared to be the policy of the State of Georgia that the
                         water resources of the state shall be utilized prudently for the maximum benefit of the people,
                         in order to restore and maintain a reasonable degree of purity in the waters of the state and an
                         adequate supply of such waters, and to require where necessary reasonable usage of the waters
                         of the state and reasonable treatment of sewage, industrial wastes, and other wastes prior to
                         their discharge into such waters. To achieve this end, the government of the state shall assume



                                                                   -114-











              DRAFT November 1996                              POLICIES AND MANAGEMENT AUTHORITIES



                       responsibility for the quality and quantity of such water resources and the establishment and
                       maintenance of a water quality and water quantity control program adequate for present needs
                       and designed to care for the future needs of the state, provided that nothing contained in this
                       article shall be construed to waive the immunity of the state for any purpose.
                       (b) The achievement of the purposes described in subsection (a) of this Code section requires
                       that the Environmental Protection Division of the Department of Natural Resources be charged
                       with the duty described in that subsection, and that it have the authority to regulate the
                       withdrawal, diversion, or impoundment of the surface waters of the state, and to require the use
                       of reasonable methods after having considered the technical means available for the reduction
                       of pollution and economic factors involved to prevent and control the pollution of the waters of
                       the state.
                       (c) Further, it is the intent of this article to establish within the executive branch of the
                       government administrative facilities and procedures for determining improper usage of the
                       surface waters of the state and pollution of the waters of the state, and to confer discretionary
                       administrative authority upon the Environmental Protection Division to take these and related
                       circumstances into consideration in its decisions and actions in determining, under the conditions
                       and specific cases, those procedures which will best protect the public interest. (Ga. L. 1957, p.
                       629, ï¿½ 2; Ga. L. 1964, p. 416, ï¿½ 2; Ga. L. 1977, p. 368, ï¿½ 1.)


                       General Description
                               The Georgia Water Quality Control Act grants the Environmental Protection Division
                       the authority to ensure that water uses in the State of Georgia are used prudently, are
                       maintained or restored to a reasonable degree of pinity, and are maintained in adequate
                       supply. In the administration of this law, the Environmental Protection Division can revise
                       rules and regulations pertaining to water quality and quantity, set permit conditions and
                       effluent Limitations, and set permissible limits of surface water usage for both consumptive
                       and non-consumptive uses through the Board of Natural Resources.                      Through a
                       Memorandum of Agreement between the Environmental Protection Division and the Coastal
                       Resources Division the rules and permits of the Environmental Protection Division are
                       administered in a manner consistent with the applicable laws, rules, and regulations as cited
                       in the policies of the Coastal Management Program.

                               The authority to regulate the rivers, streams, lakes, and subsurface waters throughout
                       the state for public and private water supply and agricultural, industrial, and recreational uses
                       is provided to the Environmental Protection Division. The Act makes it unlawful for any
                       person to dispose of sewage, industrial wastes, or other wastes, or to withdraw, to divert, or
                       to impound any surface waters of the state without a permit. Tourism and recreational
                       entities, manufacturing and transportation facilities, and other activities found in the coastal
                       zone covered under the policies of the Georgia Coastal Management Program are responsible
                       for compliance with the regulations implementing the Georgia Water Quality Control Act.





                                                                -115-











                CHAPTER FIVE                                                               DRAFT November 1996



                                                           -- Water Wells


                Policy Statement
                        Water Wells Standards Act of 1985 (O.C. G.A. 12-5-120, et seg.).
                        12-5-121. Legislative intent.
                                It is the intent of the General Assembly to provide in this part for the application of
                        standards for the siting, construction, operation, maintenance, and abandonment of wells and
                        boreholes so as to protect the public health and the water resources of this state. (Ga. L. 1976,
                        p. 974, ï¿½ 2; Ga. L. 1985, p. 1192, ï¿½ 1.)

                        General Description
                                The Water Wells Standards Act of 1985 (O.C.G.A. 12-5-120, et seq.) provides
                        standards for siting, construction, operation, maintenance, and abandonment of wells and
                        boreholes. In the case of individual and non-public wells, the Act requires that they must be
                        located as far removed from known or potential sources of pollutants as possible. Licensing
                        requirements for drilling contractors are established by the Act, as well a State Water Well
                        Standards Advisory Council. The Council has the authority to adopt and to amend rules and
                        regulations that are reasonable to govern the licensing of well contractors. The Georgia
                        Coastal Resources Division ensures that the Council is apprised of the polices of the
                        Program. Compliance with the Water Wells Standards Act is required for all activities that
                        utilize well water. The provisions of the Act are enforceable under Georgia Law. The
                        Council may file a petition for an injunction in the appropriate superior court against any
                        person that has violated any provisions of the Act.

























                                                                 -116-











              DRAFTNovember 1996                             POL ICIES A ND MA NA GEMEN T A U THORI TIES



                                                         SECTION 11:
                                    OTHER MANAGEMENT AUTHORITIES


                      The following descriptions are of management authorities that provide the Coastal Resources
              Division with additional tools and mechanisms to accomplish the goals of the Georgia Coastal
              Management Program. Although these authorities are not listed as Policies of the Program, they are
              laws of the State. Most of the statutes referenced here are primarily procedural.


              Endangered Wildlife Act of 1973
                              The Endangered Wildlife Act of 1973 (O.C.G.A. 12-6-170, et seq.) provides for
                      identification, inventory, and protection of animal species that are rare, unusual, or in danger
                      of extinction. Additional species may be added by the Board of Natural Resources at any
                      time. The protection offered to these species is limited to those that are found on public
                      lands of the state. It is a misdemeanor to violate the rules prohibiting capture, killing, or
                      selling of protected species, and protection of protected species habitat on public lands. The
                      rules and regulations are established and administered by the Department of Natural
                      Resources for implementation of this Act.

                              Projects pern-dtted under the authority of the Coastal Marshlands Protection Act, the
                      Shore Protection Act, or the Revocable License Program require that full compliance with
                      the protection of endangered or protected species. Outside of the jurisdiction of these laws,
                      for those areas that are not public lands of Georgia, protection of endangered species is
                      provided by the federal Endangered Species Act, which provides protection on both private
                      and public lands.


              Georgia Abandoned Vessels Law
                              The Georgia Abandoned Vessels Law (O.C.G.A. 52-7-70) provides a definition of
                      an abandoned vessel and provides the authority for, any peace officer to carry out the
                      following: (1) "Any peace officer who finds a vessel which has been left unattended in or
                      upon any public water or other public property for a period of at least five days shall be
                      authorized to cause such vessel to be removed to a garage or other place of safety if such
                      peace officer reasonably believes that the person who left such vessel unattended does not
                      intend to return and remove such vessel." or (2) "Any peace officer who finds a vessel which
                      has been left unattended in or upon any public water or other public property shall be
                      authorized immediately to cause such vessel to be removed to a garage or other place of
                      safety when such vessel poses a threat to public health or safety."




                                                               -117-











                CHAPTER FIVE                                                                DRAFT November 1996


                                The Georgia Bureau of Investigation and the Department of Natural Resources are
                        responsible for administering reports of abandonment, claim of owner, attempting to identify
                        the identity of the vessel, and retaining the description and location of the vessel. In the
                        event of problems or issues with abandoned vessels, the Coastal Management Program may
                        provide referrals of abandoned vessels to the appropriate contacts within the Department of                   0
                        Natural Resources and the Georgia Bureau of Investigation or guidance to the general public
                        for correct reporting of abandoned vessel information.


                Georgia Antiquities Act                                                                                               0
                                The authority found at O.C.G.A. 2-3-50 provides the Department of Natural
                        Resources with the powers and duties to "promote and increase knowledge and
                        understanding of the history of this state from the earliest times to the present, including the
                        archeological, Indian, Spanish, colonial, and American eras, by adopting and executing
                        general plans, methods, and policies for permanently preserving and marking objects, sites,                   0
                        areas, structures, and ruins of historic or legendary significance, such as trails, post roads,
                        highways, or railroads; inns or taverns; rivers, inlets, millponds, bridges, plantations, harbors,
                        or wharves; mountains, valleys, coves, swamps, forests, or Everglade; churches, missions,
                        campgrounds, and places of worship; schools, colleges, and universities; courthouses and
                        seats of government; places of treaties, councils, assemblies, and conventions; factories,
                        foundries, industries, mills, stores, and banks; cemeteries and burial mounds; and
                        battlefields, fortifications, and arsenals. Such preservation and marking may include the
                        construction of signs, pointers, markers, monuments, temples, and museums, which
                        structures may be accompanied by tablets, inscriptions, pictures, paintings, sculptures, maps,
                        diagrams, leaflets, and publications explaining the significance of the historic or legendary
                        objects, sites, areas, structures, or ruins." The Department is also required to "promote and
                        assist in the publicizing of the historical resources of the state by preparing and furnishing
                        the necessary historical material to agencies charged with such publicity; to promote and
                        assist in making accessible and attractive to travelers, visitors, and tourists the historical
                        features of the state by advising and cooperating with state, federal, and local agencies
                        charged with the construction of roads, highways, and bridges leading to such historical
                        points." The Historical Preservation Division is charged with carrying out these duties, and
                        coordinates its activities in the coastal area with the Coastal Resources Division.



                Georgia AdministrafiveProcedures Act
                                The Georgia Administrative Procedures Act (O.C.G.A. 50-13-4, et seq.) establishes
                        the procedural requirements for adoption, amendment, or repeal of rules and regulations,
                        among other things. New rules require at least 30 days notice of intended action. Similar
                        public comment requirements are required for federal regulatory actions. Public comment


                                                                 -118-











              DRAFT November 1996                           POL ICIES A ND MA NA GEMEN T A U THORI TIES


                      and input is important for any regulatory action, both to provide an opportunity for
                      presentation of citizens'ideas and concerns and to provide time for implementation by those
                      entities that may be potentially impacted.


              Georgia Litter Control Law
                              The Georgia Litter Control Law (O.C.G.A. 16-7-48) makes it unlawful for any
                      person or persons, "...to dump, deposit, throw, or leave or to cause or permit the dumping,
                      placing, throwing, or leaving of litter on any public or private property in this state or any
                      waters in this state" unless the situation meets one of three conditions. Litter may be
                      disposed at a site if one of the following three circumstances exist: (1) The property is
                      designated as a litter disposal site; (2) If litter is placed in a proper receptacle; or (3) If it is
                      disposed of by permission of the property owner in a manner consistent with the public
                      welfare.



              Georgia Planning Act
                              The Georgia Planning Act of 1989 (O.C.G.A. 45-12-200, et seq.) requires each local
                      government to develop a comprehensive plan to guide growth and development as a
                      condition to receive state funding assistance. Under the Georgia Planning Act, minimum
                      planning standards were developed for the preparation, adoption, and implementation of
                      local comprehensive plans. The planning standards constitute a three-step planning process:
                      Inventory and assessment; needs and goals, and; implementation and strategy.

                              Regional Development Centers are established throughout Georgia by the Act, three
                      of which have jurisdiction within the coastal zone: The jurisdiction of the Southeast
                      Regional Development Center includes Brantley and Charlton Counties, the Altamaha
                      Georgia Southern Regional Development Center includes Wayne County, and the Coastal
                      Georgia Regional Development Center includes the remaining eight counties of the coastal
                      area (Camden, Glynn, McIntosh, Long, Liberty, Bryan, Chatham, and Effingham Counties).
                      The role of the Regional Development Centers is to work with local and county governments
                      individually and on a regional basis to improve services and programs, consistent with local
                      comprehensive plans, to benefit residents of the region. The Coastal Management Program
                      works closely with the Regional Development Centers to implement the policies of the
                      Program. Many of the goals, objectives and policies of the Georgia Coastal Management
                      Program can be achieved by local comprehensive planning processes and implementation
                      through local land-use controls and the public infrastructure.






                                                             _119-











                CHAPTER FIVE                                                               DRAFT November 1996


                Georgia Safe Dams Act
                                The Georgia Safe Dams Act of 1978 (O.C.G.A. 12-5-370, et seq.) provides for the
                        inspection, and permitting of certain dams to protect the health, safety, and welfare of
                        Georgia residents. The Environmental Protection Division of the Georgia Department of
                        Natural Resources is responsible for inspecting and certifying dams.


                Georgia Uniform Conservation Easement Act
                                The Georgia Uniform Conservation Easement Act (O.C.G.A. 44-10-1, et seq.)
                        defines "conservation easement" to mean a non-possessory interest in real property, with
                        limitations or affirmative obligations, the purposes of which include retaining or protecting
                        natural property; assuring its availability for agricultural, forest, recreational, or open space
                        use; protecting natural resources; maintaining or enhancing air or water quality; or preserving
                        the historical, archeological, or cultural aspects of real property. A landholder may be a
                        government agency or a charitable organization.


                Parks, Historic Areas, Memorials, and Recreation
                                The Parks, Historic Areas, Memorials, and Recreation Act (O.C.G.A. 12-3-1, et seq.)
                        establishes the requirement for the Department of Natural Resources to manage the resources
                        mentioned in the title. See Department of Natural Resources.



                Wildflower Preservation Act
                                The Wildflower Preservation Act of 1973 (O.C.G.A. 12-6-170, et seq.) provides for
                        designation of and protection of plant species that are rare, unusual, or in danger of
                        extinction. Additional species may be added by the Board of Natural Resources at any time.
                        The protection offered to these species is limited to those that are found on public lands of
                        the state. It is a misdemeanor to transport, carry, convey, sell, cut, pull up, dig up, or remove
                        protected species listed by this Act.










                                                                                                                                      C


                                                                 -120-










                 DRAFT November 1996                                  POL ICIES A ND MA NA GEMEN T A U THORI TIES


                                                                                      SECTION III:
                                                             TABLE OF MANAGEMENT AUTHORITIES2




                         anage
                               ment    ut,kority                                                                           GCMP
                      (
                        eorgi     ode Section                              rov sio
                       G      6 C                                              1  ns                       Agency          Policy                      Comments
                        (Y         nactm6nt)J'
                          ear

                                                            Enables DNR to develop and                      DNR/             Yes        Enabling   legislation only: does not
                                                           implement plan                                  Coastal                    require new regulations.
                                                           - Provides authority to DNR to accept,        Resources
               Coastal Management Act of 1997*             spend, and grant funds                          Division
                      (O.C.G.A. 12-5-260*)                 - Provides authority to DNR to hold
                               (1997)                      public hearings
                                                           - Provides authority to Governor to
                *DRAFT -- NOT YET ADOPTED as               review and approve coastal management
                        of November 1996                   plan and to submit it to federal
                                                           government for approval
                                                            Requires automatic repeal if
                                                           coastal zone area is subject to
                                                           more stringent nonpoint source
                                                           requirements than inland areas

               Coastal Marshlands Protection Act           e Protects tidal wetlands                        DNR/             Yes        Requires permit for structures or
                       (O.C.G.A. 12-5-280)                 * Requires permit for structures,               Coastal                    activities in coastal marshes
                               (1970)                      dredging, filling                             Resources
                                                             Coastal Marshlands Protection                 Division
                                                           @ommittee established                     I                   1          1


                         2        For those authorities included as a policy of the Georgia Coastal Management Program (GCMP), the administering agency is included as a
                 networked participant of the Program.

                                                                                              -121-










                CHAPTER R VE                                                                   DRAFT November 1996




                                nVAUth



                                                                                                                                                                 . .........
                      jYear'..Of. E.

              Department of Community Affairs             Establishes the Department of           Department    of      No         Provides the  DCA and   RDCs with
                              Code                      Community Affairs and the                   Community                    the authority to provide  planning and
                       (O.C.G.A. 50-8-1)                structure of the Regional                      Affairs                   technical assistance, gather and
                             (1988)                     Development Centers                                                      distribute information and studies, and
                                                                                                                                 help with maps, surveys, reports, etc.
                                                                                                                                 for municipal and county governments

               Department of Natural Resources            Establishes structure, powers                DNR             Yes
                            Authority                   and duties of DNR, including EPD
                   (O.C.G.A. 12-2-1, et seq.)             DNR Board is established
                             (1937)

               Endangered Wildlife Act of 1973            Identify/protect rare, unusual, or           DNR/             No         Protection of protected species
                      (O.C.G.A. 27-3-130)               other animals in danger of                     Wildlife                  habitat is limited to public lands
                             (1973)                     extinction                                  Resources                    * Private property, private streams,
                                                        * Provides authority to DNR board              Division                  actions that would impede
                                                        to issue regulations for protection                                      construction are exempt from wildlife
                                                        of protected species                                                     protection regulations
                                                                                                                                 * DNR Wildlife Resources Division
                                                                                                                                 enforces the protection of endangered
                                                                                                                                 sp ecies
                                     Se








































                                                                                         -122-





                                                                                            0                 0                0                0                9










                DRAFT November 1996                               POL ICIES A ND MA AIA GEMEN T A U THORI TIES




                                                                                                                      GCMP
                       6n,86' erit Authority,                           Major@
                            em,
                                                                                                                                                Comments
                        6 ciia.Code'S6cti6nY                          Pr visions                      Agency          Policy
                                                                        0
                                          t)
                      (Y     Of
                         ear,

                      Game and Fish Code                  Designates Wildlife Resources                DNR/             Yes       Hunting, trapping and fishing license
                       (O.C.G.A. 27-1-1)                Division to operate Wildlife                  Wildlife                  requirements are established
                              (1977)                    Management Areas, register                    Resources
                                                        aquaculture activities, and protect           Division
                                                        wildlife resources
                                                         e Establishes hunting, trapping,
                                                        and fishing laws
                                                        * Establishes Conservation Rangers


               Georgia Abandoned Vessels Law            a Unattended vessels left in public           Georgia            No
                       (O.C.G.A. 52-7-70)               water or on public property for at            Bureau of
                              (1989)                    least 5 days may be removed                Investigation
                                                                                                  and DNR/Law
                                                                                                   Enforcement
                                                                                                      Division

               Georgia Administrative Procedures          Establishes requirements for                All State          No
                               Act                      adoption, amendment or repeal of              Agencies
                       (O.C.G.A. 50-13-4)               rules and regulations
                              (1964)                    9 Requires minimum of 30 days
                                                        notice of intended rules change

                     Georgia Air Quality Act            * Establishes ambient air quality              DNR/             Yes       Requires permit for air emissions
                       (O.C.G.A. 12-9-2)                standards, emissions limitations,         Environmental
                              (1964)                    emission control standards, etc.              Protection
                                                                                                      Division





                                                                                         -123-










               CHAPTER FIVE                                                                   DRAFT November 1996




                                                                                                                                              ............... . .. ..
                                                                                                                        AP
                          ï¿½emenr: ut    prit                           Mail 6 r
                    Man

                                                                                       0
                                                                          s   S                                                                                  ........ ....
                                                                                                                                                   m
                              Code: Sect!  fi)                                                      A                                         Corn or!
                                                                           Ion  t E@,,
                             @f EN  I
                                                                                          ... . .......


                    Georgia Antiquities Act              Establishes law  for preservation            DNR/            No
                      (O.C.G.A. 12-3-50)               of historic sites in Georgia                 Historic
                             (1951)                                                               Preservation
                                                                                                    Division

                   Georgia Boat Safety Act               Sets enforceable rules for safe           DNR/Law            Yes
                       (O.C.G.A. 52-7-1)               boating practices                          Enforcement
                             (1994)                    9 Establishes 1000' boating safety           Division
                                                       zones on Jekyll, Tybee, St.
                                                       Simons, and Sea Islands.

                    Georgia Code of Public             9 Establishes the Georgia Dept. of           Georgia           No
                         Transportation                Transportation to plan and               Department of
                 (O.C.G.A. Title 32 generally)         maintain the State highway system        Transportation
                             (1973)                    (O.C.G.A. 32-2-1)
                                                       e Provides code of statutes for
                                                       public roads and other
                                                       transportation facilities of the
                                                       State, counties and municipalities
                                                       of Georgia

                 Georgia Comprehensive Solid           Defines rules regarding solid waste            DNR/            Yes       Requires permit for solid waste
                   Waste Management Act                disposal, including permit                Environmental                facility
                      (O.C.G.A. 12-8-20)               requirements for facilities                 Protection
                             (1972)                                                            1    Division






                                                                                        -124-










                DRAFT November 1996                               POL ICIES A ND MA IVA GEMEN T A U THORI TIES



                     M
                        anagement Authority                             major                                        GCMP
                    (
                        eorgia                                        Provisions                      Agency         Policy                    Comments
                              Code Sect! n)
                      G                   0

                        ear o
                        (Y      Enactment)                                                                              7
                Georgia Environmental   Policy Act        Requires  preparation  of an                 State           Yes        Similar to the National  Environmental
                        (O.C.G.A. 12-16-1)              Environmental Effects   Report for            Attorney                  Policy Act (NEPA) that establishes
                              (1991)                    any governmental action that may              General's                 Environmental Impact Statements for
                                                        significantly adversely affect the            Office                    federal projects
                                                        quality of the environment
              Georgia Erosion and Sedimentation         e Establishes minimum standards                DNR/            Yes        Several exemptions to the
                               Act                      for land-disturbing activities            Environmental                 requirements for an E&S permit exist,
                        (O.C.G.A. 12-7-1)               e Requires each local government              Protection                including: DOT projects, single family
                              (1975)                    to establish procedures for land-             Division                  owner-built residences, forestry, etc.
                                                        disturbing activities
                 Georgia Forestry Commission            sEstablishes the Georgia Forestry             Georgia          No         Provides for monitoring,
                        (O.C.G.A. 12-6-1)               Commission and the regulation and             Forestry                  management, conservation, and
                              (1921)                    monitoring of forestry activities          Commission                   protection of forest lands, education,
                                                                                                                                production of seedlings, sale of forest
                                                                                                                                products from land managed by
                                                                                                                                Commission, etc.

              Georgia Fisheries Law Pertaining to       sProtects public health & safety by            DNR/            Yes
                            Shellfish                   setting minimum water quality                 Coastal
                        (O.C.G.A. 27-1-4)               standards for shellfish waters and            Resources
                              (1981)                    seaf ood                                      Division


                   Georgia Hazardous Waste              e Establishes regulations for                  DNR/            Yes        Permit Required
                        Management Act                  generation, storage, treatment, and       Environmental
                        (O.C.G.A. 12-8-60)              disposal of hazardous wastes                  Protection
                              (1979)                                                            1     Division     I


                                                                                         -125-










                CHAPTER FIVE                                                                    DRAFT November 1996




                                 ................... .. ..                            . ...... ........... . . ...... .... ........
                                                                                                                                            ..........
                                                              i:,:, S
                            bfnbritA t6
                                     u ont                                                                               CMR@::
                                                                   . ........ .. .                     ...
                                                                                                                                                    .... ......

                                                                                                  .............n
                                                                                                                                                    M-1   .... .. 'E.Z
                                                                                                                         0  0
                                   e: ecti6
                                                                                                                                                        e


                                                                                                                                 ..........
                        @ ed:@

             Georgia   Heritage Trust Act of 1975         Heritage Trust Commission                     DNR              Yes       The Heritage Trust Commission term
                       (O.C.G.A. 12-3-70)               established.                                                             has expired and implementation of
                              (1975)                    e Seeks to preserve certain                                              many of the goals of the Act has been
                                                        property in Georgia with unique                                          superseded by the Heritage 2000
                                                        natural characteristics, special                                         Program
                                                        historical value, or particular
                                                        recreational value.

                  Georgia Litter Control Law            * Makes it unlawful to litter on any        Georgia Law          No
                       (O.C.G.A. 16-7-48)               public or private property or waters        Enforcement
                              (1970)                    of Georgia                                    Agencies

                   Georgia Natural Areas Act            * Provides authority to identify and            DNR/             Yes
                       (O.C.G.A. 12-3-90)               preserve areas of unusual                      Wildlife
                              (1966)                    ecological significance in a natural          Resources
                                                        state                                          Division

                 Georgia Oil and Gas and Deep           o Provides protection to                        DNR/             Yes
                           Drilling Act                 underground water supplies and             Environmental
                       (O.C.G.A. 12-4-40)               environmentally sensitive areas               Protection
                              (1975)                    from the effects of oil and gas                Division
                                                        drilling activities

                      Georgia Planning Act              * Requires each local government               Georgia           No        Describes role of Regional
                     (O.C.G.A. 45-12-200)               to develop a comprehensive plan            Department of                 Development Centers to help with
                              (1989)                    to guide growth and development             Community                    planning
                                                                                                       Affairs





                                                                                          -126-



                       0                0                0                0               0                 0                 0               0                0                0





                DRAFTNovember 1996                               POL ICIES A ND MA AIA GEMEN T A U THORI TIES



                                nt uthon Y.:@                            ajor
                                    A                                  M,                                           GCMP
                                                                                                                                              Comments
                       eorgia
                     (G       Code Section):-                        Provisions                      Agency          Policy
                  ... . . .....
                    'Ay     of
                        ear th        relent).
                  Georgia Ports Authority Act            Establishes  the Georgia  Ports          Georgia Ports        No
                       (O.C.G.A. 52-2-1)               Authority                                    Authority
                           _(1945)                     * Regulates port   facilities
                    Georgia Safe Dams Act              0 Establishes inspection and                    DNR/            No
                       (O.C.G.A. 12-5-370)             permitting requirements for dams           Environmental
                             (1978)                                                                 Protection
                                                                                                     Division

               Georgia Safe Drinking Water Act           Establishes regulatory                        DNR/            Yes
                       (O.C.G.A. 12-5-170)             requirements for drinking water            Environmental
                             (1977)                    management programs                          Protection
                                                                                                     Division

              Georgia Scenic Rivers Act of 1969        0 Defines scenic rivers                         DNR/            Yes       River Care 2000 supplements this
                       (O.C.G.A. 12-5-350)             * Names certain sections of rivers         Environmental                program
                             (1969)                    for preservation                             Protection
                                                                                                     Division

                   Georgia Scenic Trails Act             Provides authority to construct,           DNR/Parks          Yes
                       (O.C.G.A. 12-3-110)             manage and maintain a system of            and Historic
                           -(1972)                     trails in Georgia                          Sites Division
                    Georgia Soil and Water             * Establishes Georgia Soil and             Georgia Soil         No        Non-regulatory agency -- relies on
                   Conservation Commission             Water Conservation Commission                and Water                  voluntary cooperation for enforcement
                       C.G.A. 2-6-23, et seq.)           Sets up five water conservation          Conservation                 of Best Management Practices
                             (1937)                    districts in Georgia                       Commission                   directed at reducing erosion and water
                                                                                                                               pollution




                                                                                        -127-










               CHAPTER FIVE                                                                   DRAFTNovember 1996





                                                                                                                                . ... ... ...
                                 t                                  .. . . . .....                                  GCMP::@:
                   ... ........ . ... ..
                                                                                                                                              C         t
                                                                     Or                                en            ..0 ley                   @@Ommen s-
                                                                             n

                                                                                                                                    .... ........ .
                                          t

                 Georgia Surface    Mining Act           Regulates all surface mining in              DNR/             Yes     * Permit required
                       (O.C.G.A. 12-4-70)              Georgia                                   Environmental
                              (1968)                                                               Protection
                                                                                                    Division

             Georgia Underground Storage Tank            Establishes criteria for operating,          DNR/             Yes     9 Permit required
                              Act                      detecting releases, and utilization       Environmental                 e Rules found at 391-3-15 of Rules
                       (O.C.G.A. 12-13-1)              of underground storage tanks                Protection                  and regulations describe requirements
                           _(1981)                                                                  Division                   for protection of groundwater, etc.
                Georgia Uniform Conservation             Defines "conservation easement"              State            No      e Provides provisions for tax relief for
                         Easement Act                  to be non-possessory interest in             Attorney                   conservation easements
                       (O.C.G.A. 44-10-1)              real property, with limitations and          General
                           _(1992)                     obligations
              Georgia Water Quality Control Act        e Establishes regulatory                       DNR/             Yes       Requires permits for discharges into
                       (O.C.G.A. 12-9-1)               requirements for water quality and        Environmental                 State waters
                              (1964)                   quantity, permits for discharges            Protection
                                                       into surface and subsurface                  Division
                                                       waters, etc.

                     Groundwater Use Act               a Provides authority to establish              DNR/             Yes       Requires permit for withdrawal of
                       (O.C.G.A. 12-5-90)              regulations and permit                    Environmental                 groundwater
                              (1972)                   requirements for withdrawal,                Protection
                                                       drilling protocols, and water                Division
                                                       conservation plans






                                                                                        -128-









                DRAFTNovember 1996                               POL ICIES A ND MA NA GEMEN T A U THORI TIES



                               iint:,Authorlty
                                                                                                                    GCMP
              . .....                                                  Major
                      anagem
                                                                                                                                                     ents
                    (Georgia, Code Section)                          Provisions                     Agency           Policy                   Comm
                        earofE adtme t),
                                 n c in

               Jekyll Island State Park Authority        Establishes  authority to manage         Jekyll Island        No
                               Act                     and control uses of Jekyll Island            Authority
                      (O.C.G.A. 12-3-20)               e Establishes the Recreational
                              (1950)                   Authorities Overview Committee
                                                       to oversee management of Jekyll
                                                       IsI. State Park, and three other
                                                       sites

              Licenses to Dig, Mine, and Remove        a Authorizes the Office of the             Office of the        Yes
                      Phosphate Deposits               Secretary of State to regulate             Secretary of
                     (O.C.G.A. 12-4-101)               phosphate mining                               State
                           -(1884)
              Nongame Wildlife Conservation and        o Provides a mechanism to fund               Nongame            Yes
                    Habitat Acquisition Fund           nongame wildlife conservation and          Endangered
                     (O.C.G.A. 12-3-600)               habitat acquisition                           Wildlife
                              (1981)                                                                Program,
                                                                                                      DNR/
                                                                                                     Wildlife
                                                                                                   Resources
                                                                                                     Division

               Parks, Historic Areas, Memorials,         Allows permits to be issued for           DNR/Parks,          No        Requires permit for archeological
                         and Recreation                archaeological research on state            Recreation,                 research on State properties or
                       (O.C.G.A. 12-3-9)               properties and submerged                   and Historic                 submerged lands
                              (1958)                   resources                                 Sites Division
                                                       0 Authority to construct, operate,
                                                       and maintain State parks                I                  I          1                                             1

                                                                                        -129-










               CHA P TER F1 VE                                                             DRAFT November 1996




                    .. . . ......
                                  A  th
                         ï¿½emenf@ u.                                                                     . ... .... ..                 . ......
                                                                                                                                    . . .......... ...
                                                                                   ... ...... ..
                                                                                                                                           ornments
                                                                                                                                              . ... . ... ......
                                                       R
                               Pact
                     Near,!   E " mbi,            li::,:

                 Public Service Commission             Sets minimum standards for             Public Service      No
                      (O.C.G.A. 46-2-1)              siting of energy facilities and           Commission
                         -(1882)                     railroads

                Protection of Tidewaters Act         9 Requires permit for vessels  used        DNR/Law           Yes        Permits are not issued for terms
                      (O.C.G.A. 52-1-1)              for habitation and not                    Enforcement                 beyond June 30, 1997
                            (1992)                   transportation within the                   Division
                                                     tidewaters of the state



                 Revocable License Authority           Establishes Permit requirements             DNR/           Yes        Permit required from DNR/CRD for
                    (O.C.G.A. 50-16-61)              for use of state-owned tidal water          Coastal                   tidal water bottoms.
                            (1863)                   bottoms                                    Resources                  * Revocable licenses are issued by
                                                                                                 Division                  other agencies throughout State for
                                                                                                                           resource management

                    Right of Passage Act               Requires vessel operators to stay        DNR/Law           Yes
                     (O.C.G.A. 52-1-30)              to the right (starboard) side of          Enforcement
                            (1981)                   streams and channels for traffic            Division
                                                     safety

                        River Corridor               e Requires a 100' vegetative buffer           DNR/           Yes
                        Protection Act               e Requires consistency with              Environmental
                      (O.C.G.A. 12-2-8)              Erosion and Sedimentation Act              Protection
                            (1981)                   * Requires local governments to             Division
                                                     identify river corridors in land-use
                                                     plans                                  I                 I          I                                            I


                                                                                     -130-









               DRAFTNovember 1996                               POL ICIES A ND MA NA GEMEN T A U THORI TIES




              ... . ..... .. ..                                         ajor
                      anagement Authority                             M                                           GCMP
                                                                    Provisions
                      eorgia:Code Section
                    (G
                                                                                                   Agency          Policy                   Comments
                        ear of
                               Enactment)
                  Section 401 Water Quality             Federal  Clean Water Act                    DNR/            Yes        Administered by DNR/Coastal
                          Certif ication              provision  of authority to states  for    Environmental                Resources Division by Memorandum       of
                  (Federal Clean Water Act,           review of federal permits for               Protection                 Agreement with EPD within the 11 -
                   33 U.S.C. 1251, et seq.)           activities that may result in a              Division                  county coastal area
                             (1972)                   discharge to navigable waters                (Atlanta)
                       Septic Tank Law                oEstablishes authority to set state-      Department    of    Yes        Requires permit from county
                      (O.C.G.A. 31-3-5.1)             wide standard for septic tanks               Human
                             (1981)                                                             Resources and
                                                                                                County Health
                                                                                                Departments

                     Shore Protection Act               Protects sand dunes, beaches,               DNR/            Yes      o Shore Permit required from
                     (O.C.G.A. 12-5-230)              sandbars, and shoals                         Coastal                   DNR/CRD
                             (1979)                   e Limits construction activity to           Resources
                                                      temporary structures by permit               Division
                                                      only
                                                      0 Prohibits motorized vehicles on
                                                      dunes and beaches
                                                      o Prohibits docks, marinas, boat
                                                      ramps, storage facilities in dunes
                                                      0 Establishes Shore Protection
                                                      Committee










                                                                                       -131-










                CHAPTER FIVE                                                                   DRAFT November 1996



                                    "Ut   orit
                        anag:
                            ement
                                            y  . .........
                                                                          al,@ Or.@ . . .........
                                                                                                                                                   rn      s
                                                                       ro son
                                                                         VI I
                                                                                                      A                                           .6 me   t
                      @@IYOO` f
                                                                                                        .. ....... ...........

              State Programmatic    General  Permit       General  federal permit for                 U. S.  Army       Yes        Requires  Permit.  Administered by
                     for Recreational Docks             construction of recreational   docks          Corps of                   DNR/Coastal Resources Division by
                (Federal Clean Water Act Sect           in coastal waters                             Engineers                  Memorandum of Agreement with
                            404(e)(1))                                                                                           A. C. 0. E.
                              (1972)                                                                                             * Recreational docks usually also
                                                                                                                                 require Marsh Permit or a Shore Permit
                                                                                                                                 and a Revocable License.

                      Waste Control Law                   Establishes criteria for                 Georgia Law          No
                      (O.C.G.A. 16-7-50)                determination of illegal dumping as         Enforcement
                              (1981)                    a misdemeanor or a felony                     Agencies

                  Water Wells Standards Act             0 Provides standards for siting,           State Water          Yes        Requires permit
                      (O.C.G.A. 12-5-120)               construction, and operation of                  Well
                              (1985)                    wells                                         Standards
                                                                                                      Advisory
                                                                                                      Council

                  Wildflower Preservation Act             Provides for designation and                 DNR/             No
                      (O.C.G.A. 12-6-170)               preservation of rare, unusual, or             Wildlife
                              (1973)                    endangered plant species                      Resources











                                                                                         -132-











              DRAFT November 1996                           POLICIES AND MANAGEMENT AUTHORITIES



                                                       SECTION IV:
                                                  STATE PROGRAMS



              Acres for Wildlife Program
                              The Acres for Wildlife Program is administered by the Nongame and Endangered
                      Wildlife Program of the Georgia Department of Natural Resources to provide technical
                      assistance to private landowners for resource and habitat management. The Program helps
                      to identify wildlife habitat and provides advice to the landowner to help him or her manage
                      the property for the welfare of the wildlife.

              Certified Burner Program
                              The Certified Burner Program is administered by the Georgia Forestry Commission
                      to educate the citizens of Georgia about safe burning techniques. The Georgia General
                      Assembly declared that prescribed burning is a resource protection and land management
                      tool that benefits the safety of the public, Georgia's forest resources, the environment, and
                      the economy of the state (O.C.G.A. 12-6-146).

              Community Wildlife Project
                              The Community Wildlife Project is the onlywildlife habitat certification program
                      directed to the community as a whole. It is designed to encourage and improve management
                      of wildlife habitats found in urban, suburban, and semi-rural areas. The program is
                      administered by local garden clubs affiliated with the Garden Clubs of Georgia in concert
                      with the Nongame and Endangered Wildlife Program of the Georgia Department of Natural
                      Resources. The Community Wildlife Project establishes minimum criteria for community-
                      based habitat management projects.

              Forest Stewardship Program
                              The Forest Stewardship Program is administered by the Georgia Forestry
                      Commission in cooperation with the Nongame and Endangered Wildlife Division of the
                      Department of Natural Resources. The Program is designed to provide technical assistance
                      to private landowners for management of forest lands. A concomitant Stewardship Incentive
                      Program provides state funding on a cost-sharing basis to implement certain aspects of the
                      program.


              Heritage 2000
                              Heritage 2000 is a public-private partnership program designed by Governor Miller
                      to acquire historic property and resources throughout Georgia. The initiative is modeled after
                      Preservation 2000.




                                                              -133-











                CHAPTER FIVE                                                              DRAFT November 1996



               Preservation 2000
                               Preservation 2000 is a three year program implemented by Governor Miller in 1994
                       to acquire approximately 100,000 acres for the State of Georgia for preservation of natural
                       areas, historic sites, parks, wildlife management areas and similar sites. It is funded by a $65
                       million bond fund, approximately $1.45 million in gifts, and small amounts of federal
                       money. Since its inception in 1992, over 84,000 acres have been acquired and approximately
                       33,000 acres are under negotiation. There were over 450 nominations of various parcels
                       throughout the state. As of September 1994 there are four natural areas and two wildlife
                       management areas designated within the coastal zone as a result of Preservation 2000. Some
                       of the 33,000 acres under negotiation fies within the coastal area. The areas acquired provide               0
                       such uses as protection for bald eagles and other endangered species, hunting, fishing,
                       boating, nature observation, primitive camping, scientific study, and protection of water
                       quality for shellfish.

                               A concomitant part of the Preservation 2000 program is the Georgia Greenways
                       Council, a coalition of trail organizations and local, state, and federal agencies involved with
                       trail development. The coalition promotes the protection of linear corridors and coordinate
                       the development of trails throughout the state. A proposed Coastal Water Trail, the aquatic
                       equivalent of the Appalachian trail, will run along Georgia's coast from the Savannah River
                       to the St. Mary's river. This trail will provide routing for sea kayaks and other small craft,
                       and include access trails, boat launching sites and camping opportunities.


               River Care 2000
                               River Care 2000 is a public-private partnership program designed by Governor Miller
                       to acquire natural areas and historic property along Georgia's riverbanks. The initiative is
                       modeled after Preservation 2000. River Care 2000 is intended to provide recreation and park
                       land, and to allow better flood management.




















                                                                -134-











              DRAFTNovember 1996                             POLICIESAND MANAGEMENTAUTHORITIES



                                                        SECTION V:
                       STATE AGENCIES, AUTHORITIES, AND COMMISSIONS


              Department of Community Affairs
                      The Georgia Code Section 50-8-1, et seq., describes the purpose and duties of the
                      Department of Community Affairs. The purpose of the Department, in general, is to help in
                      promoting, developing, sustaining, and assisting local governments. The Department assists
                      local governments by developing, promoting, and establishing standards and procedures for
                      coordinated and comprehensive planning, by assisting local governments to participate in an
                      orderly process for coordinated and comprehensive planning, and by assisting local
                      governments to prepare and implement comprehensive plans to promote the public interests
                      of the State. The Department serves as the principal department in the executive branch of
                      State government for local government affairs. It provides a liaison between local
                      governments and other governments, including the state government and the federal
                      government. The Department acts as the state's principal department for developing,
                      promoting, maintaining, and encouraging coordinated and comprehensive planning. Under
                      the auspices of the Department, Regional Development Centers (RDCs) are established to
                      accomplish the goals of the Department. The Coastal Resource Division coordinates closely
                      with those RDCs in an effort to fulfill the goals of the Georgia Coastal Management
                      Program.

              Georgia Forestry Commission
                              The Georgia Forestry Commission was established by the Georgia Legislature
                      (O.C.G.A. 12-6- 1, et seq.). The laws of this section provide for establishment of the Georgia
                      Forestry Commission, and establish management, conservation measures, and protection of
                      forest lands. The Commission has implemented Best Management Practices (BMPs) for
                      forestry. Since soil characteristics and slope vary greatly within the state, specific BMps
                      were developed for each of Georgia!s four major regions: Lower coastal plain, upper coastal
                      plain, piedmont, and mountain. Forestry BMPs are designed to protect water quality from
                      road construction, timber harvesting, site preparation, and other silvicultural. practices that
                      may cause non-point source pollution. The BMPs that have been developed for Georgia
                      forestry address strearnside management zones, access systems (roads), harvesting of wetland
                      sites, reforestation and regeneration, forest protection (prescribed bums, etc.) and other
                      procedures common to silviculture.

                              The use of BMPs for forest road construction and maintenance is mandated by federal
                      legislation to qualify for the silvicultural exemption from the permit process provided for in
                      the 1972 Water Pollution Control Act and the Clean Water Amendments of 1977 and 1987.
                      The basic goal of this federal legislation is to protect and to enhance the quality of the


                                                              -135-











                CHAPTER FIVE                                                             DRAFTNovember 1996


                       nation's waters so they are fishable and swimmable. The use of BMPs enables these goals
                       to be met on waters influenced by forest lands. Compliance with established BMPs provides
                       silvicultural and agricultural operations exemption from the federal permit process, therefore
                       a ï¿½404 Permit is not required for wetlands that are already used for silviculture operations.
                       The Georgia Coastal Resources Division will cooperate with and support the Georgia
                       Forestry Commission and local Georgia Soil and Water Conservation Districts in
                       encouraging good forest and agricultural management practices on private and public lands
                       in order to maintain a supply of good quality timber and agricultural products into the future,
                       while protecting other natural values.

                               Outside of the jurisdictional areas of the Coastal Marshlands Protection Act and
                       Shore Protection Act, the Georgia Forestry Commission conducts forestry activities on State-
                       owned forest lands, and offers guidance and technical assistance to private timber operations
                       including fire prevention and control practices. The Georgia Forestry Comnlission's
                       authority will be administered consistent with the approved Coastal Management Program
                       through the Memorandum of Agreement (MOA) executed between the Georgia Forestry
                       Commission and the Georgia Department of Natural Resources.

               Georgia Ports Authority
                               The Georgia Ports Authority Act (O.C.G.A. 52-2-1) establishes the Georgia Ports
                       Authority, and describes its powers and authority. The Georgia Ports Authority develops and
                       improves harbors and seaports, fosters and stimulates shipment of freight and commerce
                       through Georgia ports, operates tug boats, locomotives, and other machinery, and generally
                       conducts the business of operating ports.

                               Both privately owned and Georgia Ports Authority ports plan, construct, maintain,
                       and operate the State's port system. Cooperative efforts between the Coastal Resources
                       Division and ports management are the preferred means by which to implement sound
                       coastal management policies, not only on project proposals, but also on long-range planning
                       and policy development. Many port and navigation projects also require federal permits.
                       Review of those permits are subject to the federal consistency provisions of the Georgia
                       Coastal Management Program.

               Georgia Soil and Water Conservation Commission
                               The Georgia Soil and Water Conservation Commission, established by O.C.G.A. 2-6-
                       23, is charged with formulating rules and regulations to implement the Georgia Agricultural
                       Conservation and Adjustment Act (O.C.G.A. 2-6-1, et seq.). Among the duties of the
                       Commission and the five Soil and Water Conservation Districts in Georgia are the following:
                       irnplement the federal Watershed Protection and Flood Prevention Act; preserve and improve



                                                                -136-











              DRAFTNovember 1996                               POL ICIES A ND MA NA GEMEN T A U THORI TIES


                       soil fertility; promote the economic use and conservation of land; and, generally, protect
                       rivers and harbors against the results of soil erosion.

                               The Georgia Soil and Water Conservation Comn-fission. is the lead agency in Georgia
                       for protecting water quality from agricultural nonpoint source pollution. The Conservation
                       Commission, in cooperation with various state, local, and federal agencies and institutions
                       has developed a voluntary program using agricultural Best Management Practices (BMPs)
                       for protecting water quality in Georgia. The Conservation Commission and the various soil
                       and water conservation district offices are not regulatory or enforcement agencies, and,
40                     therefore, must rely on voluntary cooperation of the agricultural community. The
                       Conservation Commission accepts the responsibility to provide education and technical
                       assistance to landowners, users, contractors, and the general public to ensure that the
                       stewardship principles in agricultural BMPs are understood and employed.

0             Jekyll Island State Park Authority
                               Jekyll Island is established as a State Park, managed by the Jekyll Island State Park
                       Authority (O.C.G.A. 12-3-20), which reports to the Commissioner of the Department of
                       Natural Resources. A joint committee of the General Assembly, the Recreational Authorities
                       Overview Committee, is the overview committee of Jekyll Island State Park Authority, the
9                      Stone Mountain Memorial Association, the North Georgia Mountains Authority, and the
                       Lake Lanier Islands Development Authority.


              Public Service Commission
                               O.C.G.A. 46-2-20 provides the Georgia Public Service Commission with the
0                      following authority: To generally supervise all gas or electric light and power companies;
                       to require all companies under its supervision to establish and to maintain public services and
                       facilities in a reasonable and just manner; and to prescribe rules and regulations for the safe
                       installation and safe operation of all natural gas transmission and distribution facilities within
                       Georgia, including but not limited to all natural gas transmission and distribution facilities
0                      that are owned and operated by municipalities.

                               The Rules and Regulations of the Georgia Public Service Commission (Chapter 515-
                       4-4 Integrated Resource Planning) require utilities to develop and to file for review integrated
                       resource plans for construction or sale of electric plants, long term power purchases,
0                      expenditures for demand-side capacity options. The rules and regulations provide for the
                       periodic review of each utility's integrated resource plans and capacity resource construction
                       projects and implementation plans.






                                                                -137-











               CHAPTER FIVE                                                              DRAFT November 1996



                                                        SECTION VI:
                                               FEDERAL AUTHORITIES



                       The following federal authorities are referenced in various parts of the Coastal Management
               Program Document. Although the Program does not rely on these federal authorities as policies of
               the Program, they provide significant backup authority for many of Georgia's laws, as well as the law
               in their own right. The federal laws also provide certain requirements for federal agencies within
               the coastal zone. A brief summary of pertinent federal authorities follows.


               Clean Air Act
                               The federal Clean Air Act (42 U.S.C. ï¿½ 7401, et seq.) is administered by the
                       Environmental Protection Agency (EPA). It establishes a permit system and regular
                       monitoring of the pollutants discharged from major sources of air pollution. The EPA is
                       required to set emission standards for at least 189 toxic air pollutants.

                               The federal Clean Air Act provides for regulation of emissions to the atmosphere to
                       protect the nation's air resources. Georgia has been delegated the authority to implement a
                       State regulatory program under the Clean Air Act. The State program requirements are
                       administered by the Environmental Protection Division. All facilities in the state must meet
                       the requirements of the Clean Air Act and the rules of the Environmental Protection
                       Division. The Memorandum of Agreement between the Enviromnental Protection Division
                       and the Georgia Coastal Resources Division ensures cooperation the Divisions in the
                       issuance and enforcement of air quality laws and standards and in the issuance of permits in
                       a manner consistent with the Program.

               Clean Water Act and State General Programmatic Permits
                               The federal Clean Water Act (33 U.S.C. ï¿½1251, et seq.), formerly known as the
                       Federal Water Pollution Control Act of 1972, provides a technology-based approach to
                       regulating water pollution, i.e., it requires the use of best available technology for the
                       treatment of pollution before it is discharged into water. Water quality standards and criteria
                       are established by the Clean Water Act.

                               Point source dischargers must obtain a National Pollution Discharge Elimination
                       System (NPDES) permit before they can discharge pollutants into water, as established by
                       Section 402 of the Clean Water Act. The permit sets limits on how much of each particular
                       pollutant can be discharged. NPDES permits do not eliminate discharges, they regulate how
                       much pollution can be discharged. The permit holder must monitor his discharge and report
                       the monitoring results to the Environmental Protection Agency (EPA) and to the



                                                               -138-











              DRAFT November 1996                             POL ICIES A ND MA NA GEMEN T A U THORI TIES


                       Envirom-nental Protection Division of the Georgia Department of Natural Resources. Water
                       quality standards are set by each state for each water body and for each type of pollutant.

                               The filling of wetlands is also regulated under the Clean Water act. Under Section
                       404, the Army Corps of Engineers is authorized to grant permits to applicants that want to
                       fill or dredge wetlands.

                               Georgia is provided with some review authority under Section 401 of the Clean
                       Water Act. 'fhe 401 Water Quality Certification Program provides states a review authority
                       of federal licenses and permits that may result in a discharge to the navigable waters of the
                       United States. Wetland areas, in addition to lakes, streams, rivers, and oceans are considered
                       navigable waters. This authority provides a review of any activity that results in a discharge
                       to navigable waters (e.g. National Pollutant Discharge Elimination System (NPDES) permits
                       and 404 Dredge and Fill permits) issued by the United States. This certification program is
                       administered by the Environmental Protection Division in cooperation and coordination with
                       the Coastal Resources Division in the 11 -county coastal area to ensure administration in a
                       manner consistent with the policies of the Program.

                               Section 404(e)(1) of the Clean Water Act provides authority to the Army Corps of
                       Engineers to issue general permits for any category of activities that are similar in nature and
                       result in no more than minimal adverse effects on the environment, either individually or
                       cumulatively. Some of these permits are known as State Programmatic General Permits,
                       which operate in conjunction with a state or local regulatory program that protects the aquatic
                       enviromnent in a manner equivalent to the Clean Water Act. These State Programmatic
                       General Permits reduce unnecessary duplication and allow the Corps to focus its resources
                       on other activities. The Georgia Coastal Resources Division has established a Memorandum
                       of Agreement to administer the State General Programmatic Permit for recreational docks
                       in the coastal area. The permit activity is very similar to the efforts already done for the
                       Revocable License Program, and is a good example of simplified permitting.

              Coastal Zone Management Act (CZMA)
                               The Coastal Zone Management Act (16 U.S.C. ï¿½ 1451, et seq.) was passed in 1972
                       to manage and protect the habitats, resources, and scenic and recreational qualities of the
                       areas along the country's coasts. The CZMA encourages states to set up voluntary programs
                       to develop their coastal zones in a comprehensive manner. The CZMA is administered by
                       the National Oceanic and Atmospheric Administration (NOAA), and the Environmental
                       Protection Agency (EPA), to a lesser extent. NOAA. can provide federal grants to match
                       state funds to develop and implement a coastal management program. Management
                       programs must include defined boundaries, defined land uses, an inventory of areas of
                       particular concern, the legal authorities under state law to carry out the program, the structure


                                                                -139-











               CHAPTER FIVE                                                             DRAFT November 1996


                       of the state agency or agencies that will carry out the program, a planning process for
                       protection of and access to public beaches and other coastal areas, a planning process for
                       energy facilities, and a means of controlling beach erosion. It also requires that states
                       coordinate their program with other states.

                               The CZMA also requires that states develop programs to manage nonpoint sources
                       of water pollution. The EPA provides technical assistance to develop these programs. The
                       C22AA also sets up the National Estuarine Research Reserve System to provide a collection
                       of pristine estuaries that can be studied and used as representative examples of coastal
                       ecosystems.

               Endangered Species Act, and the Standard Manatee Conditions
                               The Endangered Species Preservation Act of 1966 (Pub. L. 89-669, 80 Stat. 926
                       (1966)) provides the Secretary of the Interior the authority to make a list of endangered
                       species and to acquire land to protect those species. The Act was amended in 1969 to allow
                       the Secretary to list species that are threatened with extinction, and to include listings of
                       animals throughout the world. It has been amended many times since, but it still provides
                       a means of identifying species that need protection, methods to provide for consideration of
                       listed species prior to any federal action that may affect them, and a way to punish those who
                       harm listed species. The majority of the Endangered Species Act is implemented by the
                       Department of the Interior through the U.S. Fish and Wildlife Service. Marine species are
                       handled by the National Marine Fisheries Service.

                               Under Section 10 of the Endangered Species Act, any State that issues permits has
                       responsibility for specifying conditions within the permit that will ensure the protection of
                       endangered species. Under these federal requirements and through the Coastal Marshlands
                       Protection Committee and the Shore Protection Committee, permits for marinas, community
                       docks, and other activities within the jurisdiction of the committees, can require provisions
                       to prevent harm to endangered species listed on the Federal Endangered Species List. In
                       addition, Section 401 Water Quality Certifications require that impacts to endangered species
                       be avoided. Therefore, any project receiving a Section 401 Certification must meet
                       guidelines for the protection on Endangered Species.

                               The Standard Manatee Conditions are promulgated under the authority of the
                       Endangered Species Act. The Conditions describe procedures for construction activities
                       such as: Posting of notices; education of construction site workers about criminal penalties
                       associated with violation of the Act; installation of siltation barriers; "no wake/idle speed"
                       policies for motorboats operating in the known vicinity of manatees. The Conditions also
                       provide telephone numbers to report collisions with manatees, and size and posting
                       requirements for manatee warning signs.


                                                               -140-











              DRAFT November 1996                           POLICIES AND MANAGEMENT AUTHORITIES



              Intermodal Sur/hce Transportation Efficiency Act of 1991 (ISTEA)
                              ISTEA (pronounced "Ice Tea") was enacted in 1991 to provide more flexible funding
                      guidelines to states. Part of the U.S. Department of Transportation laws, it allows state and
                      local agencies to best achieve local, regional, and national transportation needs in a more
                      coordinated, efficient fashion. ISTEA significantly enhanced the role of local governments
                      in the transportation planning process. ISTEA allows local and state transportation agencies
                      to funnel funding to projects that they deem important, including: construction of alternative
                      transportation corridors such as bikeways; contribution of funds to wetland conservation and
                      mitigation efforts and wetland mitigation banks; etc.


              Marine Mammal Protection Act
                              The Marine Mammal Protection Act (MMPA) (16 U.S.C. ï¿½ 1361, et seq.) was
                      enacted in response to the public's outcry over the deaths and decline of whales, dolphins,
                      baby harp seals, sea otters, and other species of marine mammals. Enforcement authority is
                      split between the Fish and Wildlife Service and the National Marine Fisheries Service. The
                      Marine Mammal Commission provides oversight over both agencies' actions. The MMPA
                      establishes a moratorium on the taking and importing of marine mammals. Activities within
                      Georgia that may be subject to the MMPA include fishing, construction, or other activities
                      that may impact dolphins, manatees, or other marine mammals.

              Migratory Bird Treaty Act
                              The Migratory Bird Treaty Act (MBTA) (16 U.S.C. ï¿½ 703-712) establishes treaties
                      with Canada, Mexico, Great Britain, Japan, and the Soviet Union for the protection of
                      migratory birds. The MBTA is implemented by the U.S. Fish and Wildlife Service. The
                      treaties were designed to deal with migratory game birds, but have been amended several
                      times to cover a variety of migratory bird species. The MBTA is used to set hunting seasons
                      for migratory ducks, prohibit the use of lead shot for duck hunting, and establish bird deaths
                      from application of pesticides as a crime. Hunting for migratory birds requires a federal
                      Migratory Bird Stamp affixed to a Georgia hunting license.

              National Environmental Policy Act (NEPA)
                              The purpose of the National Environmental Policy Act (42 U.S.C. ï¿½ 4321, et seq.)
                      is to require all federal agencies and federally funded projects to consider the environmental
                      consequences of major federal actions. It is aimed atfederal agencies, not at states or local
                      governments, or individuals. NEPA requires the completion of an Environmental Impact
                      Statement (EIS) to describe the potential for environmental impact of the proposed project,
                      but it does not require the government to take the most environmentally correct action.
                      NEPA also requires that an Environmental Assessment (EA) be performed on every federal
                      project to determine whether an EIS need to be performed. If, as a result of the EA, the
                      agency proposing the project determines that there is no significant environmental impact,


                                                              -141-










               CHAPTER FIVE                                                             DRAFTNovember 1996


                       the agency can issue a Finding of No Significant Environmental Impact (FONSI), and
                       continue with the project without an EIS.

               National Flood Insurance Program
                               The National Flood Insurance Program is administered through the Federal Insurance
                       Administration, which is a division within the Federal Emergency Management Agency
                       (FEMA). The National Flood Insurance Program sets standards for construction in flood
                       prone areas. To obtain flood insurance in such areas, which is required by most banks and
                       mortgage companies for a loan on the property, the owner must comply with the building
                       standards of the Program. These building practices have been adopted by most local building
                       ordinances throughout the country.


               National Food Securities Act
                               The National Food Securities Act regulates agricultural activities in highly erodible
                       areas and requires approved conservation plans in certain circumstances. The Act also
                       prohibits clearing and draining of wetlands for agricultural purposes. The provisions of the
                       Food Securities Act are administered by the United States Department of Agriculture Natural
                       Resources Conservation Service and Agricultural Stabilization and Conservation Service.
                       The Coastal Resources Division coordinates with these agencies to ensure compliance with
                       the policies of the Program.

                               Animal feedlot operations, animal waste disposal, application of agricultural
                       chemicals, and other agricultural practices are regulated under the Federal Clean Water Act,
                       as amended. Discharges of any agricultural pollutant requires a permit relative to provisions
                       of the National Pollutant Discharge Elimination System (NPDES). The Georgia
                       Environmental Protection Division is authorized by the United States Environmental
                       Protection Agency to carry out the purposes and requirements of the Federal Clean Water Act
                       including the issue of NPDES permits and Section 401 certifications. The Georgia
                       Environmental Protection Division is also the state agency responsible for regulation relative
                       to the Georgia Water Quality Control Act, Groundwater Use Act, and Hazardous Waste
                       Management Act.

                               In addition to the direct permitting and compliance responsibilities of the Georgia
                       Envirom-nental Protection Division, the Division has entered into a Memorandum of
                       Agreement with the Georgia Soil and Water Conservation Commission and the United States
                       Department of Agriculture Natural Resources Conservation Service to permit waste disposal
                       systems for animal confinement operations. The Memorandum of Agreement between the
                       Coastal Resources Division and the Environmental Protection Division ensures cooperation
                       and coordination to achieve the goals and objectives of the Coastal Management Program
                       for such permits.


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              National Historic Preservation Act (NHPA)
                               The 1966 National Historic Preservation Act, as amended, provides the framework
                       for historic preservation in this country. The NHPA provides for the National Register of
                       Historic Places to identify and evaluate significant historic properties; requires the
                       designation of a State Historic Preservation Officer to carry out the historic preservation
                       program in each state; authorizes Certified Local Governments to participate in federal and
                       state programs; provides matching grants-in-aid to the state, and; establishes the
                       environmental review process that mandates the consideration of impacts of federally funded
                       or licensed projects on historic properties.

                               The Historic Preservation Division of the Georgia Department of Natural Resources
                       serves as the State Historical Preservation Office. The Division works with local
                       communities to preserve the historical, architectural, and archeological resources of the State
                       of Georgia.

              Resource Conservation and Recovery Act (RCRA)
                               The Resource Conservation and Recovery Act (42 U.S.C. ï¿½ 6972, et seq.) is part of
                       the Solid Waste Disposal Act (42 U.S.C. ï¿½ 6901, et seq.). RCRA is designed to regulate
                       hazardous wastes by identifying and tracking them, in what has become known as the "cradle
                       to grave" tracking of these materials. Any industry or business that generates, stores,
                       transports, or disposes of hazardous waste, as defined by the Act, is subject to the
                       requirements of the Solid Waste Disposal Act and the implementing regulations. RCRA
                       does not reduce hazardous waste, it merely acts to track it.

               Rivers and Harbors Act of 1899
                               The Rivers and Harbors Act of 1899 (33 U.S.C. ï¿½ 403, et seq.) provides laws
                       governing safe navigation of the nation's rivers and harbors. Under Section 10 of the Rivers
                       and Harbors Act, a developer or landowner may need to apply for an Obstruction and
                       Alteration Permit from the Army Corps of Engineers. This section prohibits the "creation
                       of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any
                       of the waters of the United States..." Generally, the Rivers and Harbors Act requires that a
                       landowner secure a ï¿½ 10 permit from the Corps before building any wharf, pier, or other
                       structure in any water of the United States outside established harbor lines.

                               Construction of docks, piers, wharves, marinas, etc., must comply with these federal
                       requirements, and through the Coastal Management Program, permits for marinas, docks,
                       piers, and other structures must comply with the rules and regulations implementing the
                       Shore Protection Act, the Coastal Marshlands Protection Act, the Revocable License
                       Program, and the Section 401 Water Quality Certification.




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              DRAFT November 1996                            POL ICIES A ND MA NA GEMEN T A U THORI TIES


                                                       SECTION VII:
                                                FEDERAL PROGRAMS



              National Shellfish Sanitation Program
                              The National Shellfish Sanitation Program (NSSP), administered by the U.S. Public
                      Health Service, was established as a result of concern about health risks associated with
                      contaminated shellfish. The NSSP is dependent on the states adopting the recommended
                      requirements and the cooperative and voluntary efforts of state regulatory agencies and the
                      shellfish industry. The NSSP is implemented in Georgia by the Georgia Coastal Resources
                      Division. The regulations governing taking of shellfish in Georgia waters are found at 27-4-
                      190 of the Official Code of Georgia Annotated. Shellfish areas throughout the state are
                      delineated and monitored by the Coastal Resources Division for contamination by sewage
                      effluent and other pollutants. Siting of sewage outfalls must consider the potential impacts
                      to the shellfish areas of the state. The NSSP manual sets rules for the protection of water
                      quality for shellfish harvesting areas. Through the implementation of these rules, limitations
                      are placed on certain activities in or near shellfish harvest areas. Testing and classification
                      of shellfish waters is conducted by the Coastal Resources Division. Enforcement of statutory
                      provisions is the responsibility of the Law Enforcement Division of the Department of
                      Natural Resources.


              Partners for Wildlife Program
                              The Partners for Wildlife Program is designed to implement sound natural resource
                      management on private lands. It is administered by the U.S. Fish and Wildlife Service in
                      concert with the various state resource management agencies. The Program provides
                      technical assistance to private landowners, assists the U.S. Department of agriculture in
                      implementing conservation programs, and cooperates with other state and local agencies to
                      protect natural habitats.

















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               DRAFT November 1996                                         USES SUBJEC T TO MA NA GEMEN T



                                                          SECTION 1:
                             CONSIDERATION OF THE NATIONAL INTEREST



                                                          A. Introduction


                      As lead agency for the Georgia Coastal Management Program, the Coastal Resources
               Division recognizes that there is considerable national interest in the effective management,
               beneficial use, protection, and development of the coastal area in Georgia, and in all coastal states.
               The coastal area is rich in a variety of natural, commercial, recreational, ecological, industrial, and
               aesthetic resources of immediate and potential value to the present and future well-being of the
               nation. Consideration of the national interest must therefore balance the provision of facilities that
               support national concerns and the protection of coastal resources, also a national concern. Where
               the national interest of facilities and resource conservation conflict, resolution is achieved through-
               the resource policies, rules, and regulations applicable to the specific facility or associated activity.
               Identification of facilities and coastal resources that are in the national interest is guided by federal
               laws and regulations; executive policy statements; federal agency studies and reports; and
               consultations with federal agencies.

                       The following concerns are considered by the State of Georgia to be of such long-range,
               comprehensive importance as to be in the national interest: (1) National Defense; (2) Energy
               Production and Transmission; (3) Transportation, Ports, and Navigation; and (4) Coastal Resources
               (significant fish species and habitats; threatened wildlife habitats; public recreation areas; freshwater
               aquifers; historical, cultural, and archeological sites; barrier Islands; and wetlands).

                       Consideration of national interest in program implementation is achieved by the review,
               certification, and pen-nitting process conducted by the Coastal Resources Division. Applications for
               facidities or activities in areas under direct permitting jurisdiction of the Coastal Resources Division
               are placed on public notice and made available to federal agencies. Review of these applications
               considers the national interest as reflected in the regulations and policies, and also considers
               comments from the public and from federal agencies involved in making a decision on the permit
               application. Consideration of national interest may also be requested of the Georgia Department of
               Natural Resources Board by federal agencies at any time. Such deliberation may result in changes
               or additions to regulations or policies. Other agencies reviewing permit applications for the coastal
               area also consider the national interest in their review process.








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                CHAPTER SIX                                                              DRAFTNovember 1996



                            B. Management for Facilities and Resources in the National Interest


                1. National Defense


                       All of the policies of the Georgia Coastal Management Program apply to national defense
                facilities if such facilities are not on federal lands, which are excluded from the coastal area. The
                policies of particular interest for national defense are those regulating transportation (ports, roads
                and highways, airports, railways), public services and facilities (e.g., water supply), and areas of
                special concern (e.g., navigafion channels).


                2. Energy Production and Transmission

                       Energy facilities and activities considered to be in the national interest include electric
                generating plants, petroleum refineries and associated facilities, gasification plants, facilities
                associated with liquified natural gas, uranium enrichment or nuclear fuel processing facilities, and
                oil and gas facilities. Agencies within the Georgia Coastal Management Program network consider
                the national interest in energy production and transmission when they plan for energy facilities
                located in or affecting the coastal area. This planning process includes anticipating and managing
                the impacts from such facilities. See Section IV, "Energy Facility Planning," later in this chapter for
                a more complete explanation of the planning process.


                3. Transportation, Ports, and Navigation

                       The vital importance of transportation, ports, and navigation channels has been stressed in
                the Program Document. These facilities serve national defense and economic needs, among others.
                Nothing in Georgia's Coastal Management Program arbitrarily restricts or unnecessarily interferes
                with these important activities. The policies for transportation and dredging provide consideration
                of the national interest in these activities.                                                                     41



                4. Coastal Resources


                a. Significant Fish Species and Habitat

                       The policies for Recreation and Tourism, Marine Related Facilities, Fisheries and Wildlife,
                and Areas of Special Concern sections of the Coastal Management Program document describe
                significant fish species and habitats in coastal Georgia. Policies, in conjunction with the priorities



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               DRAFTNovember 1996                                         USES SUBJECT TO MA NA GEMEN T


               for use of Special Management Areas, govern the activities that affect threatened wildlife and their
               habitats.


               b. Threatened Wildlife Habitats

                      Of particular interest are policies for: Residential and Commercial Development;
               Transportation Facilities; Recreation and Tourism; Fisheries and Wildlife; Public Services and
               Facilities; and Areas of Special Concern. As specific policies under these and other areas indicate,
               activities that disturb threatened or endangered wildlife and vegetation, including their habitats, are
               discouraged in the coastal area.



               c. Public Recreation Facilities


                      In addition to their particular management plans, several policies governing activities
               associated with recreational resources are also applicable to Special Management Areas that contain
               public recreation facilities. Of particular interest are policies for: Recreation and Tourism; Marine
               Related Facilities; Transportation Facilities; and Public Services and Facilities.


               d. Freshwater Aquifers

                      Drinking water supply is affected by several factors, including adequacy of recharge areas,
               amount of extraction from supply, and purity of supply. The policies in general seek to direct
               activities in the coastal area in such a way as to protect this invaluable resource. Of particular
               interest are policies for the following: Residential and Commercial Development, Public Services
               and Facilities, and Areas of Special Concern. The Areas of Special Concern section has a special
               segment dedicated to aquifer management and protection.

















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                CHAPTER SIX                                                               DRAFT November 1996



                e. Historical, Cultural, and Archeological Sites

                       Historical, cultural, and archeological sites are included as Special Management Areas if
                designated in the National Register, and may be included if they are eligible for designation.
                Priorities of use for those areas govern proposed activities that might affect these resources. The
                policies generally discourage activities that would disturb such resources. Of particular interest are
                policies for: Transportation Facilities; Residential and Commercial Development; Recreation and
                Tourism; and Areas of Special Concern. These policies aid in preserving those resources in which
                there is a national interest. Chapter Seven includes findings and specific policies on areas of historic,
                archaeological, cultural, and paleoentological significance.



                  Barrier Islands


                       The national interest in barrier islands is reflected in several policies. In managing activities
                that affect these valuable natural resources, there must be a balance of ecological needs and
                increasing pressures for their development. The following use categories contain policies that
                pertain to the protection of the national interest in these resources: Residential and Commercial
                Development; Transportation Facilities; Recreation and Tourism; Marine Related Facilities; Public
                Services and Facilities; and Areas of Special Concern. In addition, where Special Management
                Areas designations are on part or all of a barrier island, the areas will be managed according to the
                priorities of use for the Special Management Areas. There is a separate findings and policy section
                on barrier islands in Areas of Special Concern.



                g. Wetlands

                       The national interest in wetlands is reflected throughout all of the policies, which provide
                strong protection against unwarranted dredging, filling or other alteration of coastal and freshwater
                wetlands. Specific policies on wetlands are included in sections on Residential and Commercial
                Development; Agriculture and Silviculture; Recreation and Tourism; and Marine Related Facilities
                in this Chapter, and Wetlands in Chapter Seven.












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               DRAFT November 1996                                         USES SUBJEC T TO MA NA GEMEN T



                                                          SECTION 11:
                                      ACTIVITIES OF REGIONAI.4 BENEFIT



                       To provide a fair and equitable management program, Georgia Coastal Management Program
               policies must ensure that local land and water regulations do not unreasonably restrict or exclude
               land or water uses of regional benefit. The first step in satisfying this requirement is identifying
               those uses considered to be of regional benefit. Activities are considered to be of regional benefit
               in the Georgia coastal area if (1) they have been identified as activities subject to management, that
               is, those determined to have a direct and significant impact on coastal waters; and (2) they result in
               a multi-county environmental, economic, social, or cultural benefit.

                       The focus is on those coastal land and water uses that, by their nature, would require
               extension through more than one county or which meet a clearly recognized need, not only for the
               coastal region but for the State as a whole. Most public services in the Georgia coastal area are
               provided on a county-wide basis. Local and county governments in the coastal area have not
               exhibited any trend toward excluding activities that offer benefits to an area of greater than local
               concern. The following is a list of uses that affect or produce some regional benefit in coastal
               Georgia.

                       (1)     Major transportation facilities such as interstate highways, state roads, airports,
                               railroads, public transit systems, ports, and important navigational projects;
                       (2)     Public recreational facilities of a regional or statewide significance;
                       (3)     Regional water and waste treatment facilities;
                       (4)     Regional waste disposal facilities;
                       (5)     Major energy transmission or generating facilities;
                       (6)     Major public facilities such as multi-purpose reservoirs, state and federal        pfisons,
                               hospitals and universities.

                       The next step in providing for uses of regional benefit is to identify methods to ensure that
               local land and water uses do not unreasonably restrict or exclude uses of regional benefit. Consistent
               with the general networking scheme for Georgia's Coastal Management Program, the present
               authority of the Department of Natural Resources and other State agencies is utilized to comply with
               requirements for uses of regional benefit. Legal authority found at Official Code of Georgia
               Annotated (O.C.G.A.) 22-1-2 establishes the right of the State, through its various agencies, to assert
               dominion over any lands of the State on account of public exigency and for the public good.
               Therefore, the Georgia Coastal Management Program, through specific acquisition powers of the
               Department of Natural Resources and other State agencies, ensures that adequate sites are or can be
               set aside for different uses of regional benefit. The legal basis for this system is in place through the



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                CHAPTER SIX                                                              DRAFT November 1996



                present powers vested in State agencies to acquire sites as the need arises for particular uses of
                regional benefit.

                       Another method available to ensure that local land and water uses do not unreasonably
                restrict or exclude uses of regional benefit is described by the Georgia Planning Act. This Act
                encourages municipal and county governments to develop comprehensive plans that address
                economic development, natural and historic resources, community facilities, housing, and land use
                to attain designation as a "qualified local government" eligible to receive State grants. The Georgia
                Planning Act establishes Regional Development Centers throughout the State that are responsible
                for developing regional plans based on the local plans within their respective region. Under the Act,
                local governments submit for review to their respective Regional Development Centers any proposed
                action that would affect regionally important resources or would result in any development of
                regional impact.

                       Regionally Important Resources (RIRs) are defined by the Georgia Planning Act rules and
                procedures as: "a natural or historic resource which has natural boundaries extending beyond a
                single government's jurisdiction or has value to a broader public constituency and which is
                vulnerable to the actions and activities of man." These projects are referred to as developments of
                regional impact and include post secondary schools, hospitals, airports, recreational facilities, waste
                disposal facilities, petroleum storage facilities, and any project that exceeds prescribed demand levels
                for electricity, natural gas, water, wastewater treatment, or transportation. The Georgia Department
                of Community Affairs has the authority to "establish rules and procedures which would, based upon
                guidelines which the Department may establish, affect regionally important resources or further any
                development of regional impact (O.C.G.A. 50-8-7.1)."

                       As directed by law, the Department of Community Affairs has developed the "Procedures
                for the Designation and Review of Regionally Important Resources." The procedures are designed
                so that each resource identified as a potential RIR is assessed in terms of its value and vulnerability
                and assigned a strategy for its management and conservation or protection. A uniform review
                process for local government actions affecting RIRs across the State is also described. As part of
                the comprehensive planning process the Regional Development Centers and local and county
                governments are required to consider all pertinent RlRs in their regional and local plans in the same
                manner as they consider the basic planning elements. Through the Georgia Coastal Management
                Program, the Coastal Resources Division works closely with the appropriate Regional Development
                Centers of the coastal area to review proposals for RIRs, to help develop management strategies, and
                to work with local governments during planning for areas that may have an impact on any RIRs. A
                Memorandum of Agreement between the Coastal Resources Division, the Department of Community
                Affairs, and the Regional Development Centers within the coastal area establishes the cooperative
                processes to review local proposals affecting RIRs.




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               DRAFT November 1996                                        USES SUBJECT TO MA NA GEMEN T



                                                         SECTION III:
                                  ACTIVITIES SUBJECT TO MANAGEMENT


                       The Georgia Coastal Management Program includes policies for managing the full range of
               activities that have a direct and significant impact on coastal waters. Most of these activities occur
               within the jurisdictions of the Shore Protection Act, the Coastal Marshlands Protection Act, the
               Revocable License Program, and the Section 401 Water Quality Certification Program, which are
               administered by the Coastal Resources Division.

                       The Georgia Coastal Management Program policies address the impacts of an activity on
               coastal resources rather than the activity itself. Assessing the impacts of a proposed action represents
               a more flexible method of managing activities in the coastal area. With this approach, policies need
               not be developed for every aspect of a given activity, but only for those aspects that have direct and
               significant impacts on coastal land or water resources. This approach is consistent with Georgia's
               existing home-rule constitutional authority, which vests land development and use decisions with
               local governments.

                       Specific areas of the coastal environment are more vulnerable to the effects of human
               activities than others. Environmentally-sensitive areas of Georgia's coast include the beaches,
               dynamic dune fields, submerged shoreline lands, salt marshlands, all tidally-influenced waters, tidal
               water bottoms, and freshwater wetlands. Through the Shore Protection Committee and the Coastal
               Marshlands Protection Committee, the Coastal Resources Division has direct authority to issue
               permits for any alteration of these areas under the Shore Protection Act and the Coastal Marshlands
               Protection Act. The Coastal Resources Division has further authority through the Revocable License
               Program, the State Programmatic General Pen-nit for Recreational Docks, and the Section 401 Water
               Quality Certification Program.

                       Outside the jurisdiction of the Coastal Resources Division, within the coastal area there are
               particular activities or aspects of human development that significantly impact coastal resources.
               Through Memoranda of Agreement, the Coastal Resources Division cooperates with other State
               authorities to create the Georgia Coastal Management Program network to manage coastal resources.
               The federal consistency provisions of the federal Coastal Zone Management Act provide another
               mechanism for coastal management; these provisions are described in Chapter Eight.

                       Identification of the activities that have a direct and significant impact on coastal waters is
               based upon information compiled by the Coastal Management Program staff, input from local, State,
               and federal agencies; citizen working groups; and public input received through the Coastal Zone
               Advisory Committee and the subsequent Coastal Advisory C ommittee. An activity is considered



                                                               -155-











                CHAPTER SIX                                                               DRAFTNovember 1996


                to have direct and significant impact on coastal waters and therefore is subject to management under
                State law if it entails one or more of the following criteria:

                       (1)     It is located within the jurisdiction of the Shore Protection Act, Coastal Marshlands
                               Protection Act, the Revocable License Program, or the Coastal Section 401 Water
                               Quality Certification Program;
                       (2)     It has detrimental environmental impact upon any area within the jurisdiction of the
                               Shore Protection Act, Coastal Marshlands Protection Act, the Revocable License
                               Program, or the Section 401 Water Quality Certification Program (for example, water
                               pollution upstream from an inland source that would reach and result in degradation
                               of the estuarine system);
                       (3)     It creates adverse effects on the quality or quantity of coastal resources -- natural,
                               economic, social or historical; or
                       (4)     It disrupts access to a public coastal resource.

                       Coastal activities that have a potential for direct and significant impact on coastal waters are
                addressed by Georgia Coastal Management Program policies in the following categories: (1)
                Development and Manufacturing; (2) Transportation Facilities; (3) Agriculture and Silviculture; (4)
                Recreation and Tourism; (5) Marine Related Facilities; (6) Fisheries and Wildlife; (7) Public
                Services and Facilities; (8) Dredging; and (9) Energy Facilities.




























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               DRAFT November 1996                                          USES SUBJECT TO MANAGEMENT



                                               A. Development and Manufacturing

               Findings


               Residential Development
                                   8

                       Paralleling national growth trends, residential growth within Georgia's coastal area is
               expected to increase steadily due to expanding industry and commerce and related employment
               opportunities, as well as the public's affinity for living near theseashore- Adequate housing, which
               meet building standards and is appropriately located, is a basic need for coastal residents. There
               remain many suitable locations for residential development within coastal Georgia; if residential
               growth is not properly managed, however, there may be negative environmental impacts.

                       Housing projects can have adverse effects on coastal water resources and ecosystems. Of
               primary concern is adequate treatment and disposal of domestic sewage from residences, which can
               degrade water quality and impact marine and aquatic species if mishandled. Uncontrolled
               development patterns can also increase soil erosion, sedimentation and contamination of coastal
               waters, and cause flooding problems from rapid storm water runoff. Another potential impact of
               residential growth is the loss of vital wetland areas if dredging and/or filling of these areas is allowed
               in site preparation or construction.

                       Many potential resource conflicts exist. For example, a residential development may provide
               needed housing but at the same time disrupt commercial fishing by degrading water quality with
               improperly-controlled sewage effluent and increased storm water runoff. This same housing
               development, if located on beach-front property, could conflict with recreation by restricting access
               to a public beach. In addition, residential development in hazard-prone areas may risk life and
               property and could constitute a potential resource conflict.

                       For effective coastal management, a sustainable balance must be found between residential
               development and coastal resource conservation.



               Commercial and Industrial Development

                       The increasing number of commercial activities in -the coastal area is an integral part of
               growth. As population density increases, the commercial activities associated with residential and
               industrial development and coastal recreational activity will expand to serve the needs of people who
               live in and visit the coast. The Georgia coast attracts large numbers of visitors each year, and that
               portion of commercial activity that supports the tourist trade is a significant aspect of coastal
               economy.



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               CHAPTER SIX                                                               DRAFTNovember 1996



                       When evaluating the impacts associated with commercial activity, both large-scale
               development and the cumulative effect of many small activities must be carefully considered.
               Commercial development requires not only buildings but also roads, parking lots, storm drain
               systems, water treatment facilities, etc., all of which have potential negative impacts. For example,
               increased development of sub-standard buildings in flood-prone areas or storm hazard areas
               increases the potential for loss of life and property. Disturbance of the natural drainage system by
               excessive clearing of vegetation and covering large areas with impermeable surfacing causes soil
               erosion, sedimentation, contamination of coastal waters and a lowering of the water. level in
               freshwater aquifers.

                       The solution to these and many other potential negative impacts is not to stop development.
               Rather, encouraging environmentally-conscience construction, site preparation, and development
               standards will allow coastal resources to function naturally and regenerate themselves. In this way,
               necessary commercial development can take place with minimum negative effects on coastal
               resources.




               Manufacturing

                       The growth and development of manufacturing is increasing in coastal Georgia, with                          40
               correlating potential for economic benefits. Manufacturing plants are a source of employee payrolls
               and property tax revenues. New and existing industries provide a diversified economic base that
               complements government employment and the long-standing coastal economic activities of
               agriculture, forestry, fishing, and tourism. Coastal areas are especially attractive to five major types
               of industrial manufacturing:                                                                                        40

                       (1)     Industries that benefit from location near low-cost water transportation systems;
                       (2)     Industries that derive power from water, or use water for manufacturing processes or
                               cooling purposes;
                       (3)     Industries that benefit from location near coastal population centers, but do not have              0
                               direct dependence on water use or access;
                       (4)     Marine transportation industries; and
                       (5)     Industries that depend directly on the marine environment for raw materials.

                       While economic benefits exist, manufacturing activities may, if improperly managed, create                  0
               negative impacts. Waste disposal, oil spills, and the escape of toxic material into aquatic ecosystems
               are unfortunate by-products of industry that affect the coastal environment. In addition to water and
               air pollution discharges, the possible environmental impacts of industrial development in the coastal
               area include:

                                                                                                                                   40


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               DRAFT November 1996                                        USES SUBJEC T TO MA NA GEMEN T

40
                       (1)    Possible destruction of wetlands and the associated flora and fauna, by filling,
                              dredging, and/or draining for site preparation;
                       (2)    Soil erosion and flood control caused by site preparation, construction of access
                              roads, and operation of heavy equipment;
                       (3)    Attenuation of the quality and quantity of surface and groundwater resources caused
                              by site preparation, facility operation, and introduction of pollutants;
                       (4)    Proliferation of secondary development, such as transportation access facilities,
                              sewage treatment plants or port development; and
                       (5) *  Potential air "and surface water quality degradation.
40
                       Not only do possible conflicts exist between industrial growth and natural systems, but also
               between competing industrial activities. Commercial fishing, for example, depends on the same
               coastal water resource that is vital to certain manufacturing uses for transportation, cooling, or
               effluent discharge. The viability of fishing enterprises may be negatively impacted by a drop in
0              water quality caused by manufacturing uses.

                       The coastal area provides a unique opportunity for water-dependent industrial activities, as
               well as residential and recreational potential. However, suitable sites for industrial uses are limited,
               and resources are finite. Competition for use of coastal resources intensifies with growth and
               development. Georgia's coastal area still retains many miles of unspoiled coastline and many acres
               of productive marshes and forests. Heavy manufacturing is relatively limited in the coastal area.



               Policies


                       ï¿½ Coastal Marshlands Protection Act
                       ï¿½ Georgia Air Quality Act
                       ï¿½ Georgia Comprehensive Solid Waste Management Act
                       ï¿½ Georgia Erosion and Sedimentation Act
                       ï¿½ Georgia Hazardous Waste Management Act
                       ï¿½ Georgia Underground Storage Tank Act
                       ï¿½ Georgia Water Quality Control Act
                       ï¿½ Groundwater Use Act
                       ï¿½ Revocable License program
                       ï¿½ Shore Protection Act
                       ï¿½ Waste Control Law
                       ï¿½ Water Wells Standards Act







                                                               -159-











                CHAPTER SIX                                                                DRAFT November 1996



                Description


                        The Coastal Marshlands Protection Act protects tidal wetlands by limiting certain activities
                and structures in marsh areas, and by requiring permits for other activities and structures. Any
                development activity that affects coastal marshlands is subject to restrictions under this authority.
                Relevant activities, including erecting structures, dredging, or filling in marsh areas requires a permit
                from the Marsh Protection Committee. The Act also establishes a marina lease requirement for
                marina facilities in Georgia. Marsh Permits and marina leases are administered by the Coastal
                Resources Division. Developers requiring a Marsh Permit areencouraged to take advantage of the
                technical assistance and preliminary permit review service provided by the Coastal Resources
                Division through the Georgia Coastal Management Program. For additional details, refer to Chapter
                Four.


                        Development and manufacturing projects which impact air quality are subject to the Georgia
                Air Quality Act. This Act provides authority to the Environmental Protection Division to
                promulgate rules and regulations necessary to abate or control air pollution. Industries and
                manufacturers must follow established ambient air quality standards, emission limitations, emission
                control standards, and other measures necessary to provide standards that are no less stringent than
                the federal Clean Air Act. The Georgia Act also requires establishment of a program for prevention
                and mitigation of accidental releases of hazardous air contaminants or air pollutants, training and
                educational programs to ensure proper operation of emission control equipment, and standards of
                construction no less stringent than the federal Act.

                        Proper waste management for development and manufacturing sites is detailed in the Georgia
                Comprehensive Solid Waste Management Act. Designed to protect human health as well as historic
                sites, the law defines rules regarding solid waste disposal and provides for a public comment process
                for facility siting. Solid waste facilities on private property are generally exempt from this law's
                provisions. Enforcement of this law is delegated to the Environmental Protection Division.
                Additional restrictions governing waste management may be in place through local zoning
                ordinances.


                        The Georgia Erosion and Sedimentation Act addresses erosion issues from development and
                other activities by setting minimum requirements for land-disturbing activities. Permits are required
                for specified land disturbing activities including the construction or modification of manufacturing
                facilities and construction activities. The Act also mandates "an undisturbed natural vegetative
                buffer of 25 feet measured from the stream banks shall normally be maintained..." between waters
                of the State and land-disturbing activities, unless a variance is granted. The Act is administered and
                enforced by the Environmental Protection Division. Local governments may add restrictions to the
                provisions of the Act.




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                       Also administered by the Environmental Protection Division, the Georgia Hazardous Waste
              Management Act describes a comprehensive, State-wide program for managing hazardous wastes
              by regulating the generation, transportation, storage, treatment, and disposal of hazardous wastes.
              Hazardous waste is designated by the Board of Natural Resources, and it includes any waste that the
              Board concludes is capable of posing a substantial present or future hazard to human health or the
              environment when improperly treated, transported, stored, disposed, or otherwise managed, based
              on regulations promulgated by the U.S. Environmental Protection Agency. Any industry or
              manufacturing operation which promulgates hazardous waste is subject to this law.

                       Under the Georgia Underground Storage Tank Act, the Environmental Protection Division
              has the authority to define the State criteria for operating, detecting releases, corrective actions, and
              enforcing the use of underground storage tanks (USTs). EPD rules governing USTs (EPD Rules and
              Regulations, Chapter 391-3-15) define the minimum standards and procedures to protect human
              health and safety and to protect groundwater from contamination. Any development or
              manufacturing activity with USTs must comply with these rules and regulations.

                       The Georgia Water Quality Control Act was designed. to ensure that waters of the State are
              used prudently, are maintained or restored to a reasonable degree of purity, and are maintained in
              adequate supply. The Environmental Protection Division administers this law and, through the
              Board of Natural Resources, sets rules regulating the rivers, streams, lakes, and subsurface waters
              throughout the State for public and private water supply, as well as agricultural, industrial, and
              recreational uses. The Division may set rules and regulations pertaining to water quality and
              quantity, set permit conditions and effluent limitations, and set permissible limits of surface water
              usage for both consumptive and non-consumptive uses. All development and manufacturing projects
0             are required to comply with this law.

                       Through the Groundwater Use Act, the Board of Natural Resources has the responsibility to
              adopt rules and regulations relating to the conduct, content, and submission of water conservation
              plans, including water conservation practices, water drilling protocols, and specific rules for
0             withdrawal and utilization of groundwater. Development and manufacturing projects utilizing
              groundwater must comply with this law. Groundwater withdrawals of greater than 100,000 gallons
              per day require a permit from the Environmental Protection Division. Permit applications that
              request an increase in water usage must also submit a water conservation plan approved by the
              Director of the Envirom-nental. Protection Division.
0                      Through the Revocable License Authority, the use of State-owned tidal water bottoms is
              protected. Any development or manufacturing project that proposes to use State-owned water
              bottoms, including constructing a portion of a facility on a water bottom or dredging tidal bottoms,
              must meet certain conditions and obtain a Revocable License. For projects within the eleven-county
0             coastal area, licenses must be obtained from the Coastal Resources Division. These licenses may


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               be issued in conjunction with Marsh Permits, Shore Permits, and/or Section 401 Water Quality
               Certification.


                       The Shore Protection Act provides legal authority for protection and management of
               Georgia's sand dunes, beaches, sandbars, and shoals by limiting activities in shore areas and
               requiring a permit for certain activities and structures. Only temporary structures can be permitted
               in dune areas. Permitting authority lies with the Shore Protection Committee and is administered
               by Coastal Resources Division.

                       The Waste Control Law makes it unlawful to dump waste, including but not limited to sand,
               gravel, bottles, boxes, tires, construction materials, sludge from wastewater treatment facilities,
               biomedical waste, hazardous waste, and other waste. Development and manufacturing projects must
               properly dispose of waste in order to comply with this law.

                       Any development or manufacturing project requiring a well must comply with the Water
               Wells Standards Act. This Act provides standards for siting, construction, operation, maintenance,
               and abandonment of wells and boreholes. Individual and non-public wells must be located as far
               removed from known or potential sources of pollutants as possible. Licensing requirements for
               drilling contractors are established by the Act, as well as a State Water Well Standards Advisory
               Council.


                       In addition to the above-mentioned authorities, the Georgia Department of Human Resources
               oversees county and district health agencies and sets minimum requirements for local regulation of
               sewage management systems. Residential development projects must meet minimum requirements
               for septic tanks and sewage systems set by local health agencies.

                       Another authority important to developers and manufacturers is the Section 401 Water
               Quality Certification, as part of the federal Clean Water Act. The Act provides authority to the states
               to review federal permits that may result in a discharge to the navigable waters of the United States.
               The Environmental Protection Division has authority to administer Section 401 Water Quality
               Certification. The Division has delegated this authority to the Coastal Resources Division in the
               eleven-county coastal area. Any project which may result in a discharge to the navigable waters of
               the United States must receive a Section 401 Water Quality Certification.











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                                                  B. Transportation Facilities

              Findings


                      The Georgia coastline has always been the point of modal interface between one form of
              transportation and another. Ports and harbors provide a temunus for both passengers and goods,
              generating impetus for waterborne transportation and surface and air links. The construction and
              maintenance of all forms of transportation services are a vital part of the economic viability of the
              coastal area. Investment in these facilities meets a definite need in coastal Georgia, serving both
              coastal and State residents. Transportation facilities serve the national interest due to their role in
              national defense; provision of access to coastal recreation areas and other resources; and contribution
              to overall economic growth. Transportation systems are important elements in coastal management
              because they provide access to a variety of public resources - economic as well as historic, social,
              and recreational. Potential environmental impacts from construction, maintenance, and operation
              of transportation systems do, however, exist.



              Ports and Commercial Waterways

                      The ports and commercial waterways of Georgia represent major economic enterprises that
              meet the needs of waterborne commerce for both the coastal. area and the entire State. Ports and
              commercial waterways also have a major national impact by providing a means of access to
              international and domestic markets. The Georgia Ports Authority operates two ports along the coast.
              One facility, located at Brunswick, consists of four terminals. The other, located at Savannah,
              consists of two terminals. In addition to the public terminals of the Georgia Ports Authority, there
              are approximately fifteen private terminals located in the Savannah area. These terminals also
              transfer a wide variety of goods and materials and are an important contributor to the coastal
              economy.


                      It is estimated that the Brunswick terminals generate $543 million in annual revenue, $124
              million in income and $18 million in State and local taxes. It is estimated that both public and
              private terminals in Savannah generate $6.7 billion dollars in total annual revenue, $1.3 billion in
              income, and $171 million in State and local taxes.

                               State Terminals: The economic impact of public port development is substantial.
                      According to information published by the Georgia Ports Authority, the four public facilities
                      at the Port of Brunswick cleared more than 1.5 million short tons of cargo in fiscal year 1994
                      (July 1 -June 30). Among the products most handled through the Brunswick facilities are
                      gypsum, potash, wood pulp, petroleum products, and automobiles. The two Georgia Ports
                      Authority facilities in Savannah cleared more than 7A million short tons of cargo during


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               CHAPTER SIX                                                              DRAFT November 1996



                       fiscal year 1994 (July 1 -June 30). The ports'leading agricultural export commodities include
                       wheat, soy beans, com, and coca beans. The port also handles dry bulk, liquid bulk, and
                       breakbulk products.

                               Private Terminals: The fifteen private terminals in the Savannah area clear a wide
                       variety of products including sugar, petroleum products, fiber products, gypsum, asphalt, and
                       bulk liquids.

                       Port development and associated activities can have major direct and secondary
               environmental impacts, particularly in relatively undisturbed areas. A primary impact on coastal
               water quality is dredging to create and maintain navigation channels. Dredging can modify the
               hydrology of a harbor, produce changes in salinity, and degrade water quality through siltation and
               resuspension of solids. Lowering water quality may also have a detrimental effect on dependent
               plant and animal resources. Dredging may release sediment-based contaminants that become
               available to early life forms of fishes and other aquatic life forms. Initial and maintenance dredging
               can also create dredge material disposal problems and impact underwater archeological resources.
               Further, ports handling petroleum products or toxic substance cargoes involve risks of spills resulting
               in water quality degradation. The secondary effects of port development primarily affect land
               resources and land use. Ports generate a large volume of rail and truck traffic and often are a spur
               to industrial and urban development.



               Roads and Highways

                       Roads and highways are key components in shaping the growth pattems of the coastal area,
               as they do in other parts of the State. The motor vehicle is the primary mover of people and goods,
               and access to and from the roadway network is a key factor in the economic gain of a community.
               Intersections, curb cuts, and highway interchanges are often the site of extensive development.

                       In addition, construction, operation, and maintenance of a roadway involve engineering and
               construction activities that may have direct negative environmental impacts if not properly managed.
               Of primary concern is the location of the thoroughfare, which may be routed along or through
               wetland areas, water bodies, or other sensitive habitats. Especially significant is the potential for
               destruction or significant deterioration of ecological systems through dredge and fill operations.
               Bridges, rather than roadbeds, are preferred in situations in which filling would result in loss of
               marsh or wetland habitat, or disrupt water flow and circulation.

                       Possible impacts of altering drainage and sedimentation as a result of land clearing, grading,
               and slope stabilization are associated with road and highway construction. Measures must be taken
               to eliminate soil erosion or sedimentation of wetlands and other water bodies. Roadways must be


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              DRAFT November 1996                                        US27S SUBJEC T TO MA NA GEMEN T


              designed to minimize stormwater runoff from road surfaces and embankments to prevent toxic or
              nutrient loading of adjacent wetlands and other waters.



              Air Transport

                       Air transport is an increasingly important mode for the transportation of passengers and
              cargo. Airport facilities are generally of coastal management concern when their construction or
              expansion may have significant impacts on coastal resources. In addition to potential direct loss of
              natural habitats, including valuable wetlands, the construction and operation of major airport
              facilities, if not properly managed, can result in water quality degradation caused by storm water
              runoff from paved parking or landing areas or by sedimentation and erosion.



              Railways

                       Railroads are a principal means of transporting industrial, commercial, and agricultural goods
              to market in coastal areas of Georgia. Railroads serve as an important supplement to other
              transportation modes linking industrial and manufacturing sites to port facilities.

                       The possible negative environmental effects associated with development of new railroads
              are similar to the impacts of roads and highways. Those effects include loss of valuable wetland
              habitats if dredge or fill is required; disruption of water flow and circulation if properly designed
              bridges or other means to provide circulation are not utilized; and degradation of adjacent water
              quality if erosion and storm water runoff and sedimentation are not adequately controlled during
              construction and operation. Sound management practices :and implementation of the following
              policies reduce the potential for these enviromnental problems when new railroad corridors are
              selected and developed.



              Policies


                       ï¿½Shore Protection Act
                       ï¿½Coastal Marshlands Protection Act
                       -Georgia Erosion and Sedimentation Act
                       ï¿½Georgia Water Quality Control Act
                       ï¿½Georgia Litter Control Law
                       ï¿½Georgia Comprehensive Waste Management Act
                       ï¿½Georgia Hazardous Waste Management Act
                       ï¿½Georgia Abandoned Vessel Law


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               CHAPTER SIX                                                              DRAFT November 1996



                       ï¿½ Georgia Wildflower Preservation Act
                       ï¿½ Georgia Endangered Wildlife Act
                       ï¿½ Game and Fish Code



               Description

                       Transportation activities occurring within the jurisdictions of the Coastal Marshlands
               Protection Act or the Shore Protection Act require a permit from the Coastal Resources Division
               through the Coastal Marshlands Protection Committee or the Shore Protection Committee, and a
               Revocable License issued by the Coastal Resources Division. Department of Transportation
               activities are exempt from permit requirements of the Coastal Marshlands Protection Act. As a
               networked agency, the Coastal Resources Division coordinates with the Department of
               Transportation for activities within the jurisdiction of the Coastal Management Program to ensure
               compliance with the Program to the maximum extent possible. Transportation activities that impact
               the water quality of navigable waters or wetland areas require a Section 401 Water Quality
               Certification from the Coastal Resources Division.


                       Land-disturbing activities are subject to the jurisdiction of the Erosion and Sedimentation
               Act. Many transportation activities, however, are exempt from the provisions of this Act.
               Construction or maintenance projects undertaken or financed by the Georgia Department of
               Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority, or any road or
               maintenance project undertaken by any county or municipality, are exempt from the permit
               requirements of the Act, provided that such projects conform to the specifications used by the
               Georgia Department of Transportation for control of soil erosion. Exemptions are also provided to
               land-disturbing activities by any airport authority, provided that activities conform as far as
               practicable with the minimum standards set forth in the Act at Code Section 12-7-6. The
               Department of Transportation has developed a "Standard Specifications -- Construction of Roads
               and Bridges," which described contractor requirements, including controls for sedimentation and
               erosion. The specifications describe the requirements for both temporary control measures for use
               during the construction phase, and permanent erosion and sedimentation control measures that need
               to be incorporated into the design of the project. Failure to comply with the provisions of the
               specification will result in cessation of all construction activities by the contractor according to a
               schedule of non-performance of erosion control, and enforced by the Department of Transportation.

                       Transportation facilities must comply with the regulations developed under the Georgia
               Water Quality Control Act. This Act grants the Department of Natural Resources, Environmental
               Protection Division the authority to ensure that water uses in the State of Georgia are used prudently,
               are maintained or restored to a reasonable degree of purity, and are maintained in adequate supply.
               The Division is authorized to create rules and regulations pertaining to water quality and quantity,


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              DRAFT November 1996                                        USES SUBJECT TO MA NA GEMEN T


              set permit conditions and effluent limitations, and set permissible limits of surface water usage for
              both consumptive and non-consumptive uses. The authority to regulate the rivers, streams, lakes,
              and subsurface waters throughout the State for public and private water supply and agricultural,
              industrial, and recreational uses is provided to the Environmental Protection Division. The Act
              makes it unlawful for any person to dispose of sewage, industrial wastes, or other wastes, or to
              withdraw, divert, or impound any surface waters of the State without a permit.

                      Transportation facilities must also dispose of their wastes in accordance with State law,
              specifically the Georgia Litter Control Law, the Georgia Comprehensive Waste Management Act,
              and the Georgia Hazardous Waste Management Act. Under the Litter Control Law, it is unlawful
              to litter except in designated disposal areas. The Comprehensive Waste Management Act regulates
              solid waste disposal. The Hazardous Waste Management Act describes a comprehensive, State-wide
              program for managing hazardous wastes through the regulation of the generation, transportation,
              storage, treatment, and disposal of hazardous wastes. The Georgia Abandoned Vessel Law provides
              the authority for any peace officer to cause abandoned vessels to be removed. Any abandoned
              vessels in port facilities may be subject to the provisions of this law.

                      The Wildflower Preservation Act protects plant species that are rare, unusual, or in danger
              of extinction. The Endangered Wildlife Act protects animal species that are rare, unusual, or in
0             danger of extinction. The Game and Fish Code (O.C.G.A. Title 27, Ch. 1) vests ownership of all
              wildlife in the State, and declares that custody of the State's wildlife be vested with the Department
              of Natural Resources. All transportation facilities on public lands must comply with the provisions
              of these Acts. In addition, projects permitted under the authority of the Coastal Marshlands
              Protection Act, the Shore Protection Act, or the Revocable License Program require full compliance
0             with the protection of endangered or protected species. Outside the jurisdiction of these laws, for
              areas that are not public lands of Georgia, protection of endangered species is provided by the federal
              Endangered Species Act.

                      Transportation projects that require federal permits are subject to the federal consistency
0             provisions described in Chapter Eight. Additionally, there are, federal requirements for the transfer
              of oil and hazardous materials. Federal Coast Guard Rules and Regulations authorize the Coast
              Guard to inspect and enforce ship safety and transportation rules. Also, the Coast Guard has an Inlet
              Protection Program for Tybee Roads, Tybee Inlet, Sapelo Sound, Wassaw Sound, Ossabaw Sound,
              and St. Catherines Sound. This protection program identifies a strategy for spill containment in the
0             event of an accidental oil spill or discharge.







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                CHAPTER SIX                                                                DRAFT November 1996



                                                  C. Agriculture and Silviculture

                Findings

                Agriculture                                                                                                          0

                        Georgia has almost eight million acres of farmland classified as "prime," which may be
                defined as available land that is best suited for producing food or fiber, i.e., it has the soil quality,
                growing season, and moisture supply necessary to produce sustained yields of crops. Georgia has
                almost eight million acres of farmland classified as "prime." As is the case throughout most of the
                world, this land is also suitable for urban development. Approximately 25,000 acres of prime
                farmland are converted annually to non-agricultural uses. By the year 2000, with continued
                population and economic growth, as many as a half-million acres, or six-and-one-half percent of the
                State's prime farmland, may be lost to non-agricultural uses.

                        Approximately 7.3 percent of the land in coastal Georgia is in farms. In 1987 (the most
                recent year for which data are available), the counties comprising Georgia's coastal area maintained
                1195 individual farms. Wayne County contained the most farms (315), while Liberty contained the
                fewest (41). The farms in Liberty County were the largest in the coastal area, however, with each
                averaging 445 acres of harvested cropland. The smallest farms in the coastal area were located in
                Brantley County, with 234 farms averaging 125 acres each. Between 1982 and 1987, the total
                number of farms in the coastal area decreased by approximately 25 percent, and the amount of land
                devoted to crop harvesting decreased by an average of 30.2 percent. Only Camden and Charlton
                Counties had an increase in harvestable cropland.

                        Row crop agriculture is an important activity in Georgia's coastal area, especially in the
                second tier of coastal counties. Tobacco is the most important row crop grown in the coastal area,
                with nearly five million pounds produced in 1992. Corn, soybeans, peanuts, and cotton are also
                important farm commodities of coastal Georgia.

                        Every county in the coastal area supports commercial cattle ranching activities. In January,
                1993, the coastal counties contained approximately 19,000 head of cattle. Effingham County led the
                region with 4100 head, followed by Wayne County with 3700 head. Hog farming is also an
                important agricultural activity in the coastal area. In December 1992, the coastal counties produced
                approximately 17,800 hogs and pigs. Effingham County led the region in production with 7700
                head, followed by Wayne County with 7200 head.

                        Poultry production of both layers and broilers is another important agricultural industry in
                coastal Georgia. In 1992, large layer operations existed in Brantley, Bryan, Camden, and Charlton
                Counties. Brantley County led production, with approximately 735,000 layers. Broilers were


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               DRAFT November 1996                                         USES SUBJECT TO MA NA GEMEN T


               produced in Charlton, Liberty, and Long Counties. Long County led production, with approximately
               2.8 million broilers.


                       Agricultural activities can have severe environmental consequences if not conducted
               appropriately. Contamination from agricultural practices may be the cause for certain streams and
               waterways to be adversely affected in such a manner that theyare unable to support the use for which
               they are designated (e.g., recreation, swimming, fishing, etc.). The Georgia Soil and Water
               Conservation Commission has developed a series of voluntary Best Management Practices (BMPs)
               for agriculture that are designed to protect the quality of Georgia's waters. The term BMP refers to
               a practice, or a combination of practices, determined to be the most effective practical means of
               preventing or reducing the amount of pollution generated by agricultural (or silvicultural) nonpoint
               sources. The BMPs for agriculture encompass such practices as conservation tillage systems,
               contour farming and -terTacing, stripcropping, filter strips, cover crops and crop rotation, nutrient
               management, pest management, pasture management, agricultural waste management, strearnside
               forest buffers, and others.



               Silviculture (Forestry)

                       Silviculture is the practice of applied forest ecology. With its related industries, silviculture
               is a major economic activity in coastal Georgia. The State's climate and soils favor southern pines,
               which grow to pulpwood size in only fifteen years and to saw timber size in about thirty years.
               Georgia has approximately 24 million acres of commercial forest, more than any other state. In
               recent years, farmer-owned timberland has decreased, but the amount leased or owned by the forest
0              industry has increased. In the eleven counties that make up Georgia's coastal area, commercial
               forests cover 76.4% of the land area. Forest industry companies hold ownership to 44.7% of the
               commercial forests in the coastal area. Concurrently, timber processing industries have benefitted
               from coastal Georgia's excellent transportation availability and large supplies of high quality
               groundwater. The 1993 calculated average annual total income from timber, including sawtimber
0              and pulpwood, was $110.5 million.

                       If not properly managed, timber harvesting can have severe impacts on coastal ecosystems
               primarily from disruption of hydrologic systems. Uncontrolled logging in coastal watersheds has
               a high potential for disrupting the complex and delicate coastal ecosystem. Increased erosion of soil
0              and nutrients as a result of deforestation can accelerate sedimentation downstream and reduce water
               quality. Stormwater runoff from clearcut areas can be nine times that from undisturbed areas,
               thereby causing increased flooding. The processing of forest products also can cause environmental
               damage if proper controls are not observed for air and water effluent discharges. Georgia's forestry
               industries adhere to Best Management Practices (BMPs) developed by the Georgia Forestry



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               CHAPTER SIX                                                               DRAFT November 1996


               Commission. The BMPs provide guidelines on road construction, drainage, and harvesting to limit
               the effects of logging.



               Policies


                        ï¿½Coastal Marshlands Protection Act
                        ï¿½Georgia Erosion and Sedimentation Act
                        ï¿½Georgia Water Quality Control Act
                        ï¿½Georgia Forestry Code
                        ï¿½River Corridor Protection Act
                        ï¿½Uniform Conservation Easement Act



               Description


                        The Coastal Marshlands Protection Act limits certain activities and structures in tidal
               wetlands, and requires permits for other activities and structures. Any agricultural or silvicultural
               activity that directly alters lands within the jurisdictional areas of the Coastal Marshlands Protection
               Act must be permitted by the Department of Natural Resources Coastal Resources Division, through
               the Coastal Marshlands Protection Committee.


                        The Erosion and Sedimentation Act regulates land-disturbing activities.        Among other
               provisions, the Act requires that local governments establish regulations for land-disturbing
               activities, including requirements for a vegetated buffer of a minimum of 25 feet around State
               waters. Agricultural practices, forestry land management practices, dairy operations, livestock and
               poultry management practices, construction of farm buildings, and any projects carTied out under the
               supervision of the U.S. Department of Agriculture Natural Resource Conservation Service are
               currently exempt from this Act. Forestry and agricultural land-disturbing activities are subject to the
               Best Management Practices of the Georgia Forestry Commission and the Georgia Soil and Water
               Conservation Commission, respectively.

                        Agricultural and silvicultural uses of State rivers, streams, lakes, and subsurface waters are
               subject to the Georgia Water Quality Control Act. Developed to ensure that water in the State are
               used prudently, are maintained or restored to a reasonable degree of purity, and are maintained in
               adequate supply, the Act gives the Department of Natural Resources Environmental Protection
               Division the authority to establish rules and regulations pertaining to water quality and quantity, set
               permit conditions and effluent limitations, and set permissible limits of surface water usage for both
               consumptive and non-consumptive uses.




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               DRAFT November 1996                                        USES SUBJEC T TO MA NA GEMEN T


                      The Georgia Forestry Code (O.C.G.A. 12-6-1, et seq.) establishes the Georgia Forestry
               Commission, and also establishes management, conservation, and protection measures for forest
               lands. The Commission has implemented Best Management Practices for forestry designed to
               protect water quality from road construction, timber harvesting, site preparation, and other
               silvicultural practices that may cause nonpoint source pollution. The Certified Bumer Program is
               administered by the Georgia Forestry Commission to educate the citizens of Georgia about safe
               burning techniques.

                      The benefits of prescribed burning are described in the Forestry Code (O.C.G.A. 12-6-146)
               to be a "resource protection and land management tool which benefits the safety of the public,
               Georgia's forest resources, the environment, and the economy of the state." The authorization and
               promotion of prescribed bums for community protection, silviculture, environmental, and wildlife
               management purposes is State law (O.C.G.A. 12-6-146(b)). The nuisance and liability of smoke
               from such bums is recognized, and, therefore, a permit is required "to burn any woods, lands,
               marshes, or any other areas" (O.C.G.A. 12-6-90 (a)). The Best Management Practices for Forestry
               and Agriculture describe the appropriate conditions for the use of prescribed burning. Uncontrolled
               or inappropriate use of fire can destroy the litter, duff, and humus layers of the forest floor and
               expose mineral soil to erosion. The BMPs establish appropriate weather conditions, construction
               of fire breaks, slope and soil conditions, etc.

                      The River Corridor Protection Act is administered by the Environmental Protection Division.
               Most relevant for agriculture and forestry, the Act requires a 1 00-foot vegetative buffer on both sides
               of rivers, and consistency with the Erosion and Sedimentation Act. All rivers in Georgia with an
               average annual flow of 400 cubic feet per second are covered by the Act, except those within the
               jurisdiction of the Coastal Marshlands Protection Act.

                      Vegetative buffers have been used worldwide in various disciplines: in the fields of forestry
               and agriculture to moderate nonpoint source degradation of water courses; in wildlife management
               to improve and to provide habitat; and in landscape architecture to improve visual appeal. These
               uses are not exclusive of one another, but provide compatible land use from several different
               perspectives. Rapid regeneration and replanting are also concepts that are harmonious with the idea
               of environmental and economic sustainability of the coastal area, especially if done using indigenous
               or native plant species. Vegetative buffers can be used to assist in pollution and erosion control,
               habitat diversification, and visual beautification. They are best implemented as large-scale,
               ecosystem- or watershed-wide programs to offer protection to the streams, rivers, marshes and
               estuaries of the coastal area, but they can be used on a project-by-project basis. Vegetative buffers
               are not a panacea and should not be relied upon as an inexpensive management technique to mitigate
               poor land and other natural resource management practices. They should be considered as a valuable
               tool that can assist in the restoration of coastal and watershed ecosystems once sound land
               management practices have been developed and put into general use.


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               CHAPTER SIX                                                              DRAFT November 1996



                       The Georgia Uniform Conservation Easement Act defines "conservation easement" to mean
               a non-possessory interest in real property, with limitations or affirmative obligations, the purposes
               of which include retaining or protecting natural property; assuring its availability for agricultural,
               forest, recreational, or open space use; protecting natural resources; maintaining or enhancing air or
               water quality; or preserving the historical, archeological, or cultural aspects of real property. A
               landholder may be a government agency or a charitable organization. Conservation easements are
               legally binding agreements between a property owner and a governmental body or a land trust that
               restricts the type and amount of development and use that may take place on the prope@ty. The
               landowner may retain several rights, including the right to sell, restrict public access, maintain the
               land for agricultural use subject to best management practices, add additional buildings to the site,
               etc.


                       At the federal level, the National Food Securities Act regulates agricultural activities in
               highly erodible areas, requires approved conservation plans in certain circumstances, and prohibits
               clearing and draining of wetlands for agricultural purposes. The Natural Resources Conservation
               Service and the Agricultural Stabilization and Conservation service of the U.S. Department of
               Agriculture administer this Act. Additionally, Section 404 of the Clean Water Act, administered by
               the Army Corps of Engineers, requires permits for dredging and filling of wetlands.































                                                               -172-



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               DRAFTNovember 1996                                         USES SUBJECT TO MANAGEMENT



                                                   D. Recreation and Tourism


               Findings


                       Recreation and tourism represent major industries in coastal Georgia. There are a wide
               variety of recreational opportunities ranging from swimming, sailing, and sport fishing to observing
               wildlife and scenic vistas, and visiting historic places. The total tourist expenditures in 1993 in the
               eleven counties of the coastal area was approximately $1.39 billion. Most tourism in coastal Georgia
               is generated by the beaches and historical resources. Georgia's mild climate allows most popular
               recreational activities such as golf, tennis, and boating to be conducted throughout the year.

                       The Parks, Recreation, and Historic Sites Division of the Georgia Department of Natural
               Resources is responsible for the operation of four State Parks and four historic sites located within
               the coastal area. The Georgia Department of Natural Resources Wildlife Resources Division
               manages ten Wildlife Management Areas within the coastal area. There are ten natural areas,
               managed by various State, local, or federal authorities, within the coastal area, including Gray's Reef
               National Marine Sanctuary, the Sapelo Island National Estuarine Research Reserve, and Blackbeard
               Island National Wildlife Refuge and Wilderness Area. Additionally, the Jekyll Island Authority was
               established in 1950 to operate the islands historic and recreational facilities, including beaches, golf
               courses, and historic district. In addition to these State-operated facilities, there are several parks
               and recreation facilities, dozens of historic districts and hundreds of historic places, and open spaces
               that are operated by local governments, counties, and the federal government throughout the coastal
               area. Refer to Chapter Seven, "Special Management Areas," for more information about these and
               other areas.


                       The State of Georgia recognizes the importance of recreation as a basic need of coastal area
               residents and visitors. The amount of leisure time that is available to Americans continues to
               increase, and recreation is a significant feature of our daily lives. With expanding growth and
               development, the availability of open space, natural areas, and locations with adequate recreational
               facilities are important. The two primary environmental concern with parks, historic sites, and open
               spaces are: (1) maintaining the ecological balance of ad acent fragile areas such as swamps,
               marshlands, and wildlife habitat; and, (2) protecting the significant natural, historical, and cultural
               characteristics of the resources and the surroundings while providing an economically-sound use.
               Sustainable use of the coastal area for recreation is a primary goal of the Georgia Coastal
               Management Program.

                       Commercial recreational areas for visitors to the coastal area are a significant economic
               enterprise and contribute to the economic success of many coastal areas. Construction and operation
               require regulation for public safety or aesthetic reasons under various local planning and building
               codes. Commercial recreation facilities are of a coastal management concern if they disrupt existing


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               CHAPTER SIX                                                                DRAFT November 1996



               public access, or significantly degrade water quality, cultural entities, historic areas, scenic vistas,
               or environmental factors.


                       State and federal parks, historic sites, and wildlife management areas located in coastal
               Georgia provide opportunities for hunting, fishing, bird watching, beach access, marsh access, access
               to sites of historical significance, and other recreational opportunities. In addition to the State- and
               federally-owned properties in the coastal region, there are numerous non-government owned historic
               and natural resources that provide coastal communities their unique character, and that provide
               overnight accommodations, dining, shopping, touring, biking, boating, fishing, hunting, camping,
               and other recreational opportunities.

                       A number of parks and historical and culturally significant sites have been designated within
               this document as "Areas of Preservation and Restoration" because of their unique natural and cultural
               value and importance as a recreational use area. The priority of uses for these specific parks and
               sites is addressed in Chapter Seven, "Special Management Areas."

                       Most public recreational facilities in the coastal area (as throughout the State) are financed
               in full or in part by the U.S. Department of the Interior, National Park Service. Funds provided by
               the Dingell-Johnson and Wallop-Breaux Acts support recreational fishing activities.






























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                   DRAFT November 1996                                                       USES SUBJECT TO MANAGEMENT




                                                TABLE 6.1: Inventory of State and Federal Parks,
                                     Historic Sites, and Wildlife Management Areas in Coastal Georgia


                   State-managed Wildlife Management Area& within the coastal area:
                             
Altamaha Wildlife Management Area- McIntosh County
Dixon Memorial Wildlife Management Area - Brantley County
Little Satilla Wildlife Management Area- Wayne County
Ossabaw Island Wildlife Management Area-Chatham
Paulk's Pasture Wildlife Management Area -Glynn County
Rayonier Wildlife Management Area -Wayne and Brantley Counties
Richmond Hill Wildlife Management Area - Bryan and McIntosh Counties
Sansavilla Wildlife Management Area -Glynn and Wayne Counties
Sapelo Island Wildlife Management Area - McIntosh County
Natural Areas within the coastal area
Savannah National Wildlife Wildlife Refuge
Wassaw National Wildlife Refuge
Ossabaw Island Heritage Preserve
Grays Reef National Marine Sanctuary
Harris Neck National Wildlife Refuge
Blackbeard Island National Wildlife Refuge and Wilderness Area
Sapelo Island National Esturaine Research Reserve, Sanctuary, and Natural Area
Lewis Island Natural Area
Wolf Island National Wildlife Refuge
Cumberland Island National Seashore
Okefenokee National Wildlife Refuge and Wilderness Area
State Parks within the coastal area
Skidaway Island Park
Ft. McAllister Historic Park
Crooked River Park

State Historic Sites within the coastal area:
Hofwyl-Broadfield Plantation
Fort King George
Fort Morris
Wormsloe
National Parks and Monuments within the coastal area:
Ft. Frederica National Monument
Cumberland Island National Seashore
Ft. Pulaski National Monument 


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               Policies


                        ï¿½Coastal Marshlands Protection Act
                        ï¿½Shore Protection Act
                        ï¿½Georgia Water Quality Control Act
                        ï¿½Parks, Historic Areas, Memorials, and Recreation
                        ï¿½Georgia Erosion and Sedimentation Act
                        ï¿½Groundwater Use Act
                        ï¿½Georgia Antiquities Act



               Description

                        In addition to Georgia statutory requirements for access by physically handicapped persons,
               the federal Americans with Disabilities Act must be complied with for public structures.

                        Permits for parks, tourist-oriented or commercial recreation facilities within the jurisdiction
               of the Coastal Marshlands Protection Act and the Shore Protection Act are administered by the
               Coastal Resources Division. In the rest of the eleven-county coastal zone, the Department of Natural
               Resources Environmental Protection Division has pen-nit authority over certain aspects of facilities
               open to the public, including sewage systems and water systems, and other authorities under the
               Environmental Assessment process. In addition, land-disturbing activities associated with recreation
               and tourism are subject to the provisions of the Erosion and Sedimentation Act.

                        Administered by the Department of Natural Resources Environmental Protection Division,
               the Georgia Water Quality Control Act establishes regulatory requirements for water quality and
               quantity, permits for discharges into surface and subsurface waters of the State, etc. Any recreational
               or tourist-related discharge of water is subject to the provisions of this law. Likewise, recreational
               or tourism activities using groundwater are subject to the Groundwater Use Act. This Act provides
               authority to establish regulations and permit requirements for withdrawal, drilling protocols, and
               water conservation plans.

                        The Department of Natural Resources is authorized to grant permits or enter into contractual
               agreements with recognized scientific organizations or qualified individuals for the purpose of
               conducting field archeological research or salvage archeology on State property. The Department
               can also promulgate regulations to preserve and protect any cultural or archeological finding.
               Additionally, the Heritage 2000 Program provides funding to acquire properties for preservation of
               significant cultural or historical resources. The Georgia Antiquities Act establishes law for
               preserving historic sites in Georgia. The Historic Preservation Division administers State and federal




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              DRAFT November 1996                                         USES SUBJEC T TO MA NA GEMEN T


              funding for historic preservation activities. The Department of Natural Resources, Parks, Recreation,
              and Historic Sites Division has the authority to construct, operate, and maintain State parks.

                      The Department of Natural Resources has considered user fees for various activities. Those
              properties owned by Georgia and operated by the Department of Natural Resources Wildlife
              Resources Division are funded by sportsmen through fishing, and hunting license fees. Currently,
              activities such as birdwatching, hiking, and horseback riding are not subject to license fees. A fair
              and equitable fee collection scheme for all users has not yet been developed.

                      The Coastal Resources Division provides educational interpretation of wetlands, their uses
              and functions, and the protective measures needed to sustain them. Certain hunting and fishing
              activities, birdwatching, and photography are just some of the sustainable recreational uses of coastal
              wetlands. All opportunities to promote education about the coastal resources of Georgia should be
              embraced. Such tourism opportunities that have minimal impact on the local environment are
              strongly encouraged, and natural resource-based activities such as birdwatching, nature photography,
              adventure tourism, and other eco-tourism activities should be promoted. Adventure tourism includes
              activities such as boating, biking, climbing, birding, hiking, and scuba diving. Canoe trips sponsored
              and conducted by the Department of Natural Resources are currently available on both the Altamaha
              and Ogeechee Rivers. In 1994, the Coastal Georgia Regional Development Center developed a
              strategy for regional tourism. This report, available to local communities, includes a section on
              marketing and resources for eco-tourism.

                      The Historic Preservation Division is the lead state agency for administration of both federal
              and state tax incentive programs for preservation of historic properties. The Coastal Resources
              Division cooperates with that agency to help identify potential candidates for such programs. The
              Nongame Wildlife Conservation and Habitat Acquisition Fund provides a mechanism for voluntary
              donations and tax refund allocations to establish a fund to acquire property. The Department of
              Natural Resources has the power and authority under Title 2' 7- 1-6 of the Georgia Code to "acquire
              by purchase, condemnation, lease, agreement, gift, or devise lands or waters suitable for ... fish
              hatcheries, nursery ponds, game farms, sanctuaries, reservations, and refuges ... and for wildlife
              restoration, propagation, protection, preservation, management research or management..." Access
              to some of the areas already acquired is by boat only. The River Care 2000 Program provides funds
              for acquisition of substantial properties along the State's rivers, including some in the coastal area.
              The Heritage 2000 Program provides funds for acquisition of historical or culturally significant
              properties. The Preservation 2000 program provides funds for preservation of natural areas, historic
              sit es, parks, wildlife management areas, and similar sites.

                      There are many non-government sponsored mechanisms to acquire public access to
              properties for recreational and conservation purposes. Land trusts and conservation easements are
              two such mechanisms. Land trusts are non-profit organizations that protect land for its natural,


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               CHAPTER SIX                                                              DRAFTNovember 1996


               scenic, historic, or productive value. Conservation easements are agreements between property
               owners and government agencies or a land trust that restrict the type and amount of development and
               use that may take place on the property. Both mechanisms can be effective complements to
               government acquisition programs and the regulation of uses to protect sensitive properties. In 1992
               the Georgia legislature passed the Uniform Conservation Easement Act, which authorizes and
               promotes the use of conservation easements. Two non-profit organizations, the Georgia
               Environmental Policy Institute and the Coastal Georgia Land Trust, are very active in their efforts
               to assemble land trusts and conservation easements in the coastal region of Georgia for a wide
               variety of purposes, including habitat protection, greenways, scenic easements, historic resource
               protection, etc. The Coastal Resources Division coordinates with these and other organizations in
               the pursuit of the goals and objectives of the Program.

                      Acquisition of title to culturally valuable properties and utilization of other methods are
               authorized by the Heritage 2000 Program, among other State-administered programs. The
               Department of Natural Resources Parks and Historic Sites Division provides educational
               opportunities at certain historical and cultural venues. Hog Hammock, on Sapelo Island, is one
               example. A uniquely isolated cultural community descended from slaves, this community has
               special cultural value. The Historical Preservation Division works with local communities to
               promote the preservation and continuation of cultural communities and traditions, including the
               historic places in which they live.

                      The Coastal Resources Division encourages local governments to set aside appropriate areas
               and sites and provide planning and zoning controls for visitor service facilities such as welcome
               centers, interpretive centers, and commercial areas for visitor attractions. The visual quality of such
               developments should be considered such that natural, cultural, and historic features of coastal
               communities are highlighted.




















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               DRAFT November 1996                                        USES SUBJEC T TO MA NA GEMEN T



                                                  E. Marine Related Facilities


               Findings


                        Commercial docks and marinas, boat ramps, and recreational docks and piers are increasingly
               popular uses of coastal areas. Commercial docks and marinas serve multiple users and commonly
               collect a fee for use of their facilities. Recreational docks are private docks not available for public
               use. Policies that apply to docks apply to all docks, both commercial and recreational. Both public
               and private boat ramps are available for general or selective use to launch watercraft, depending
               upon the ownership of the boat ramp. In 1994, 24,946 boats were registered in the six coastal
               counties. That figure attributes one boat to every fifteen residences. Given current rates of growth,
               an increase of 3,200 boats is expected in those coastal counties by the year 2000. In 1994 there were
               28 public marinas and 35 public boat ramps in the coastal counties.

                        The growth of recreational boating and the increase of coastal development in general has
               led to an increasing awareness of the need to protect waterways. In the federal Coastal Zone
               Management Act, Congress declared it to be a national policy that state coastal management
               programs provide for public access to the coast for recreational purposes. Boating and adjunct
               activities such as marina operations are important means of public access. When these facilities are
               poorly planned or managed, however, they pose a threat to the health of aquatic systems and may
               pose other environmental and navigational hazards. Ensuring the best possible siting, the best
               available design and construction, and appropriate operation and maintenance practices for marinas
               greatly reduces the potential of such threats.



               Policies


                        .Revocable License Program
                        -Coastal Marshlands Protection Act
                        -Shore Protection Act
                        eGame and Fish Code
                        -Endangered Wildlife Act
                        -Wildflower Preservation Act
                        -Georgia Waste Management Code
                        -Georgia Erosion and Sedimentation Act
                        -Georgia Fisheries Law Pertaining to Shellfish
                        -Georgia Water Quality Control Act
                        -State Programmatic General Permit
                        -Protection of Tidewaters Act
                        -Right of Passage Act


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                CHAPTER SIX                                                                DRAFT November 1996



                Description

                       Any marine-related facility, including docks and boat ramps, is subject to the provisions of
                the Revocable License Program and the Coastal Marshlands Protection Act. A revocable license is
                necessary for use of State-owned tidal water bottoms. A Marsh Permit is necessary for structures
                built in tidal wetlands, and for dredging and filling of these marshlands. Both revocable licenses and
                Marsh Permits are administered by the Department of Natural Resources, Coastal Resources
                Division. Recreational docks must also receive the federal "State Programmatic General Permit for
                Recreational Docks." Under an agreement with the U.S. Army Corps of Engineers, this permit is
                also administered by the Coastal Resources Division.

                       Marine-related facilities are also subject to the provisions of the Shore Protection Act. This
                Act prohibits docks, marinas, boat ramps, and boat storage facilities in the dynamic dune field.

                       The Endangered Wildlife Act protects animal speciesthat are rare, unusual, or in danger of
                extinction. The Wildflower Act offers similar protection to plant species. Both Acts are applicable
                only on public lands of the State, but the federal Endangered Species Act applies to both public and
                private lands. The Game and Fish code protects wildlife resources. All permits issued by the State
                government for marine-related facilities are required to ensure the safety of endangered species. The
                State of Georgia has a list of protected animals and plants that State-issued permits must address.
                In addition to the State's protected species there is a federal list of threatened and endangered species,
                many of which are included on the State's list. Because the State of Georgia must obey federal law,
                when the State issues permits, it holds the responsibility of ensuring that federal laws are not violated
                by the permitted activity. To this effect, State-issued permits must include provisions, if applicable,
                to protect endangered species. Federal laws such as the Endangered Species Act, the Migratory Bird
                Act, the Marine Mammal Protection Act, and Standard Manatee Conditions apply if protected
                species may be adversely impacted by the project. The federal "Standard Manatee Conditions"
                guidelines, for example, demonstrate the proper measures that must be taken near manatee areas for
                their protection. If a marina or community dock is constructed near a manatee area, those guidelines
                must be included in the permit guidelines issued by the State of Georgia.

                       Through its permits, the State of Georgia has the responsibility for protecting the public
                interest and state-owned lands. Protection of the public interest includes maintaining currents and
                water quality. Georgia law also establishes the authority to regulate waste disposal on land or in
                water. Permits are issued only if the applicant can ensure that water quality can be maintained and
                that Georgia waste disposal rules are observed.

                       State fisheries law requires the Department of Natural Resources to operate a sanitation
                program in compliance with the National Shellfish Sanitation Program. This law specifies a formula
                by which the minimum distance of a marina from restricted or approved shellfish harvesting areas


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              DRAFT November 1996                                        USES SUBJECT TO MA NA GEMEN T


              is determined. This formula is dependent upon the number of boats, the average number of people
              per boat, marina usage, and the volume of water in the marina area. This formula, which estimates
              the fecal coliform contamination from a marina, must meet the standard of 14 MPN/lOO ml of water
              before the marina water will reach a shellfish area.


                       Under the Coastal Marshlands Protection Act, construction of boat ramps is prohibited in
              approved shellfish areas. There are no laws, however, which prohibit boat rarnps in or near restricted
              shellfish harvest areas. However, all structures within the jurisdiction of the Coastal Marshlands
              Protection Act must meet minimum standards and undergo a review of water quality impacts in order
              to receive a permit. All structures, either in saltwater or freshwater areas, must meet the minimum
              water quality standards as passed under the Clean Water Act and reviewed by the State's 401 Water
              Quality Certification Program.

                      Recreational docks must comply with water quality laws such as the Clean Water Act. The
              National Shellfish Sanitation Program established standards for activities in or near shellfish areas,
              but does not set a specific distance limitation.

                      The U.S. Coast Guard is the lead agency that enforces the federal laws pertaining to fueling
              facilities and contingency plans for spills. Mandated by federal law, these authorities are applied in
              Georgia but are not part of the State's authorities. In addition to Georgia laws, Section 404 of the
              federal Clean Water Act regulates dredging and filling. The Corps of Engineers is the lead
              administrator of Section 404 permits; applicants must follow the sequencing requirements of the
              Corps of Engineers' 404(b)(1) guidelines. Section 401 of the federal Clean Water Act regulates
              dredging and filling in wetlands. A Section 401 Water Quality Certification from the Coastal
              Resources Division is necessary for any marine-related facility that may impact wetlands.





















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                CHAPTER SIX                                                               DRAFTNovember 1996



                                             F. Fisheries, Aquaculture, and Wildlife

                Findings


                       Management of marine fishery resources, including both commercial and recreational
                activities, is the responsibility of the Georgia Department of Natural Resources Coastal Resources
                Division. Commercial marine fisheries are important coastal resources and represent a major
                industry in Georgia. Approximately 2300 persons purchased commercial fishing licenses in 1994.
                The principal commercial fishery in Georgia is the shrimp trawl fishery. There were 431 commercial
                trawler licenses issued in 1994. The total shrimp harvest amounted to approximately 4.9 million
                pounds in 1993 and had an ex-vessel value of approximately $17.5 million. Sale of by-catch
                (incidental or non-targeted catch) from the shrimp trawl fishery grossed an additional $200,000, and
                off-season whelk trawling grossed another $200,000.              The bait shrimp fishery employs
                approximately 60 fishermen and has an ex-vessel value of approximately $600,000 annually.

                       The second largest commercial fishery in Georgia is the blue crab fishery. Approximately
                200 individuals rely on crab fishing as their principal occupation. The 1994 harvest of blue crabs
                in Georgia was approximately 9 million pounds, and had an ex-vessel value of approximately $4.5
                million.


                       With the exception of very nominal shad and Atlantic sturgeon seasons, no large scale gin
                net fisheries exist in Georgia waters. A minor hook-and-line snapper/grouper fishery exists that
                employs approximately 60 fishermen and produces an ex-vessel value of approximately $400,000
                to $700,000 annually.

                       Shellfish is an under-utilized resource of the Georgia coastal area at this time. Currently
                496,052 acres of potentially productive shellfish habitat exist in the State. The small shellfish fishery
                is most affected by water quality. Shellfish (oysters and clarns) feed by filtering ambient water,
                consequently retaining bio-concentrate pathogens and other contaminants. Consumption of shellfish
                from contaminated waters can result in hepatitis or typhoid. Almost half of the potentially
                productive acres of shellfish habitat are closed due to unacceptable water quality or lack of data
                needed to allow harvesting. Of the 171,110 acres of approved habitat, only 25,364 acres are being
                commercially harvested and 15,509 acres are open to public harvest. The oyster/clam fishery has
                an ex-vessel value of approximately $200,000 annually. The Georgia coastal area offers great
                potential for the development of shellfish mariculture.

                       The ex-vessel value of the harvested resource is but a small percentage of the overall
                economic value of coastal fisheries. In 1994, approximately fourteen processors or seafood packing
                houses, employing approximately 1100 individuals annually, were located in coastal Georgia. There
                are also approximately 40 wholesale seafood dealers employing an average of 140 individuals


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               DRAFT November 1996                                        USES SUBJEC T TO MA NA GEMEN T


               annually. No reliable estimates of the economic impact of Georgia commercial fisheries can be
               found, but considering support services and industries, it is certainly a substantial multiple of the
               harvest value.


                       The marine recreational fishery is another important resource in coastal Georgia. Direct
               expenditures by marine fishermen in the State are estimated at $53.4 million annually. The total
               economic value of recreational fishing, including support services and commodities is estimated at
               more than $250 million annually. Currently, there are over 25,000 boats registered in the six Georgia
               coastal counties, representing a ratio of one boat for every 1*5 residents. Given current rates of
               growth, an increase of 3,200 boats is expected in coastal counties by the year 2000. There are now
               28 public marinas and 35 public boat ramps in coastal Georgia. Planners must consider the
               continuing popularity of marine fishing and boating to ensure proper accesses and species
               management.


                       Aquaculture in the State of Georgia currently is not a large enterprise. An Aquaculture
               Development Commission was created by an act of the Georgia Legislature ((O.C.G.A. 27-4-251,
               et seq.), and became effective July 1, 1992. The duties of the Commission are to make a thorough
               study of aquaculture and the potential for its development and enhancement in Georgia, including
               an evaluation of Georgia's natural resources as they relate to aquaculture, an evaluation of species
               that have a potential for aquaculture in the state, and an identification of constraints to development
               of aquaculture.

                       Management of fish and wildlife species, other than marine fisheries, in the coastal area is
               the responsibility of the Wildlife Resources Division of the Georgia Department of Natural
               Resources. In order to promote the protection and wise use of'Georgia's fish and wildlife resources,
               the Wildlife Resources Division promulgated the following objectives at their February 1991
               Decision Conference:


                       (1)    To provide and to promote opportunities for wildlife recreation;
                       (2)    To acquire, to protect and to enhance wildlife habitat and natural areas;
                       (3)    To educate the public regarding the importance of wildlife, wildlife habitat, and
                              natural areas;
                       (4)    To gather and dispense scientific information for the sound management of wildlife
                              resources and populations;
                       (5)    To promote non-game wildlife programs;
                       (6)    To develop additional funding sources for all game and fish programs; and
                       (7)    To emphasize the environmental review process.






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               CHAPTER SIX                                                               DRAFT November 1996



                        Recent Wildlife Resources Division emphasis has been placed on a comprehensive land
               acquisition program to preserve natural areas and maintain habitat for both game and non-game
               animals.




               Policies


                        ï¿½Game and Fish Code
                        ï¿½Georgia Natural Areas Act
                        ï¿½Uniform Conservation Easement Act
                        ï¿½Georgia Water Quality Control Act
                        ï¿½Georgia Fisheries Law Pertaining to Shellfish



               Description


                        Hunting is recognized as an important wildlife management tool. Through the Game and
               Fish Code, the Department of Natural Resources, Wildlife Resources Division is designated to
               operate Wildlife Management Areas, register aquaculture activities, and protect wildlife resources.
               The Nongame Wildlife Conservation and Habitat Fund provides a mechanism to fund nongame
               wildlife conservation and habitat acquisition.

                        The Georgia Natural Areas Act authorizes the Department of Natural Resources to identify
               areas in the State of Georgia which are of unusual ecological significance, and to secure the
               preservation of such areas in an undisturbed natural state. Natural areas, as defined by the Act, are
               tracts of land in their natural state that are to be set aside and permanently protected or managed for
               the purpose of preserving natural plant or animal communities, rare or valuable members of such
               communities, or any other natural features of significant scientific, educational, geologic, ecological,
               or scenic value. These areas are important habitat for fish and wildlife species.

                        Land trusts and conservation easements are important mechanisms to acquire land for
               conservation purposes. Land trusts are held by non-profit organizations set up to acquire property
               for conservation, environmental education, research, etc. Conservation easements are legally binding
               agreements between a property owner and a governmental body or a land trust that restricts the type
               and amount of development and use that may take place on the property. In 1992, the Georgia
               Legislature adopted the Georgia Conservation Easement Act, which authorizes and promotes the use
               of conservation easements in Georgia. The landowner may retain several rights, including the right
               to sell, restrict public access, maintain the land for agricultural use subject to best management
               practices, or to add additional buildings to the site, etc.



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               DRAFT November 1996                                          USES SUBJECT TO MA NA GEMEN T


                       An important aspect of fisheries management is protecting habitat through water quality
               standards. The Georgia Water Quality Control Act establishes regulatory requirements for water
               quality and quantity, permits for discharges into surface and subsurface waters, etc. The Georgia
               Fisheries Law Pertaining to Shellfish protects public health and safety by setting minimum water
               quality standards for shellfish waters.

                       In addition to direct management authority, other important initiatives with regard to fisheries
               and wildlife are described in the paragraphs below.

                       The Coastal Resources Division and the Wildlife Resources Division of Georgia Department
               of Natural Resources base decisions regarding marine fisheries and wildlife resources, respectively,
               on biological data, and social and economic data when it is available. The "best scientific
               information available" is used. Occasionally, the Department of Natural Resources may use data
               from a comparable ecosystem or fishery as proxy for data that is otherwise unavailable. Insufficient
               resources is often the limiting factor to obtaining direct data; as priorities are identified in the field,
               the Department of Natural Resources seeks State, Federal, or other outside funding to collect data
               as needed. Public hearings or requests for public comment are conducted when and if new
               regulations are promulgated or to assess public sentiment.

                       The Coastal Resources Division of the Department of Natural Resources actively participates
               in the South Atlantic Fisheries Management Council and the Atlantic States Marine Fisheries
               Commission. The Council annually develops an operations plan to conduct federal fisheries
               management. These plans are developed in coordination with the National Marine Fisheries Service
               and the U.S. Fish and Wildlife Service, the Skidaway Institute of Oceanography, the University of
               Georgia Marine Institute, other foundations and private property owners, as well as the other states
               within the council's jurisdiction. The intent of these operations plans is to supplement existing
               research data in an effort to implement more meaningful mariagement plans.

                       Information and technology transfer between various State agencies and research groups is
               accomplished through the technical committees and the policy boards of the Interstate Marine
               Fisheries Commissions and the regional Fisheries Management Councils. Transfer of information
               between research and industry groups is attempted through the Citizens' Subcomi-nittee and the
               Coastal Fishery Advisory Commission. There is currently no formal mechanism established to
               improve information transfer between research groups and private landholders. Scientific journals
               and periodicals provide the easiest and most widely-used medium for such transfer of information.

                       There are currently several very active citizen advisory committees involved with fisheries
               management issues; for example, the Coastal Fisheries Advisory Commission, with the Food Shrimp
               Issues Subcommittee and the Blue Crab Issues Subcommittee; and the Saltwater Advisory
               Committee (formerly the Saltwater License Advisory Comminee). Input from these Committees is


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                CHAPTER SIX                                                             DRAFT November 1996


                valuable in developing management plans. The Saltwater Fishing License Conm-iittee was
                instrumental in developing the Marine Recreational Fish Enhancement Plan, which is a five-year
                management strategy.

                       Public education about coastal resources is an important aspect of the Georgia Coastal
                Management Program. The Coastal Resource Division has a full-time Outreach and Education staff.
                In addition to a newsletter which presents the activities of the Coastal Resources Division and
                upcoming coastal management events, the Coastal Management Program may host guest lecturers,
                conduct educational opportunities for the general public, and distribute educational material. A
                community science education program should be established that would allow local scientists to
                share results of research projects in fisheries, wildlife management, oceanography, silviculture, etc,
                Ideas such as this are long term goals for the Coastal Management Program, and, in addition to
                coordination with other agencies and institutions, would require funding.

                       Research is usually done based on management needs. Basic research is usually conducted
                at academic institutions, while management-oriented or applied research is conducted by the
                Department of Natural Resources or other state or federal agencies. The Coastal Resources Division
                will work to ensure that research projects are geared toward meeting specific management needs.

                       Both long-term and short-term planning must be considered during funding deliberations.
                Long-term planning for fisheries and wildlife management can often become a casualty of State
                funding cycles, especially since the results of management of these resources is often not
                immediately realized. The Coastal Resources Division of the Department of Natural Resources has
                made several unsuccessful budget requests for human dimensions research. Future requests may be
                more successful.


                       The Wildlife Resources Division of the Department of Natural Resources has funded several
                projects to determine the social implications of wildlife management. One such project was a public
                opinion survey conducted in July 1991, to determine the amount of participation in wildlife-related
                recreation among State residents, public priorities for fish and wildlife management programs, and
                demographic information. The information can be used in operational and strategic planning,
                enhance inter-agency and public relations, aid in requests for additional funds to meet public
                demands, and assist in designing effective research projects and wildlife education programs.

                       The Coastal Resources Division of the Department of Natural Resources does not currently
                have a marine education program, but endeavors to develop materials when possible. A "nature
                trail" at the Coastal Regional Headquarters in Brunswick is used by school children and other visitors
                throughout the year. The Sapelo Island National Estuarine Reserve and the Gray's Reef National
                Marine Sanctuary offer educational activities for school children, as well as more advanced
                educational opportunities. The Skidaway Institute for Marine Sciences offers educational


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              DRAFTNovernber 1996                                      USES SUBJECT TO MA NA GEMEN T


              opportunities for the general public. Skidaway is also a "Distance Leaming Center" site which can
              provide communications links for interactive participation in lectures and other presentations to or
              from other centers throughout the United States. The Georgia Association of Marine Educators
              (GAME) helps coordinate educational opportunities for schools and the general public.

                      The Wildlife Resources Division of the Department of Natural Resources has developed
              brochures and educational material on several wildlife issues and on particular species. Although
              there is not a distinct education department within the Wildlife Resources Division, the staff are
              always available for presentations, outreach, and educational opportunities.

                      The intentional introduction of non-native species has been a relatively small problem in
              coastal Georgia, limited mostly to importation of foxes and raccoons to hunting clubs. Diseases
              carried by these imported species can cause harm to endemic species. The introduction of botanical
              species has been somewhat more of a problem, as the non-native species compete for water and
              nutrients with native species. Public education efforts may help to inhibit further introduction of
              non-native species.

                      There are several programs currently in effect to promote wildlife management practices by
              private property owners. Some examples include: the Forest Stewardship Program, operated under
              the auspices of the Georgia Forestry Commission; Partners for Wildlife, under the auspices of the
              Fish and Wildlife Service; and the Acres for Wildlife Program, operated by the Department of
              Natural Resources. Each of these programs, and several others, provide a different emphasis. Some
              provide funding mechanisms to lease property for wildlife management, some provide educational
              materials, and others provide technical support, but each furnish help to the private landowners to
              foster wildlife management ideals. The Coastal Resources Division will support such efforts with
              technical assistance and funding when it is available.

                      Coastal Resources Division of the Department of Natural Resources has developed several
              artificial reef sites. These projects, however, are dependent upon discontinuous funding sources.
              The Coastal Management Program can encourage and assist with locating funding sources for
              artificial reef projects. A 5-year Marine Recreational Fisheries Enhancement Plan has been
              developed to provide the basis for a longer-tenn plan that can be subject to periodic updates, with
              input from a citizen advisory committee. The Coastal Resources Division of the Department of
              Natural Resources is currently participating in the development of Atlantic Coast plans, and
              cooperating in the development of federal plans for the management of coral, shrimp, reef fish, and
              mackerel.


                      The Coastal Resources Division of the Department of Natural Resources is an active voting
              member of the South Atlantic Fishery Management Council and the Atlantic States Marine Fisheries
              Commission, both of which have active law enforcement committees. The Wildlife Resources


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                CHAPTER SIX                                                              DRAFT November 1996



                Division is actively involved with the Atlantic Flyway Council, and the North American Waterfowl
                Plan, among others, and works cooperatively with adjacent states, National Marine Fisheries Service
                (NMFS), the U.S. Coast Guard, and the New England Aquarium to survey, manage and safeguard
                right whale migration and breeding areas. There are cooperative agreements between the respective
                law enforcement divisions of the Department of Natural Resources, the U.S. Coast Guard, the NMFS
                and the U.S. Fish and Wildlife Service (FWS). Local law enforcement agencies frequently cooperate
                in enforcement of fish and wildlife regulations, and apprehension of suspected violators.

                       Total ecosystem management and maintenance of biodiversity in an area are recognized as
                an important aspect of any management program. Non-game species are an important part of the
                ecosystem that have suffered from a lack of research effort and management trials in the past. The
                Coastal Management Program seeks to emphasize the importance of the non-game component of
                the coastal zone and encourage research efforts toward that end.

                       The Department of Natural Resources and cooperative agencies have established manatee
                corridors and right whale critical habitats for the marine environment. The Department of Natural
                Resources always considers wildlife corridors during purchase, lease, cooperative agreement, or
                other acquisition of lands throughout the state. There is no explicit definition of a wildlife corridor
                that is applicable to all situations, but the concept of connecting several wildlife management areas
                with corridors is recognized by the Department of Natural Resources and the Coastal Management
                Program as a sound management principle. Rules pertaining to land-use and zoning are under the
                authority of local governments.

                       Scientists, and fisheries and wildlife management experts recognize the need for biodiversity
                in natural systems. Fisheries and game management plans that have been species-specific (or species
                complex specific, such as reef fish) in the past are slowly being re-directed to become predator/prey
                management plans, or habitat/ecosystem management plans.
                       The federal and interstate fishery management plans must identify essential habitat for fish
                populations. Some plans prohibit fishing activities that damage habitat. Others mandate that
                fisheries managers coordinate with policy makers whose responsibilities include permitting
                applicable to essential habitat (such as the Environmental Protection Division of the Georgia
                Department of Natural Resources, the U.S. Department of Transportation, the U.S. Army Corps of
                Engineers, etc.).

                       Non-Governmental Organizations such as The Nature Conservancy, Trust for Public Land,
                and Ducks Unlimited also acquire habitat areas, often in a cooperative effort with state and local
                government agencies. These organizations often acquire property, then turn it over to a government
                agency for management. Conservation easements and land trusts, described in several section
                throughout this document, provide an easy mechanism for acquisition of property for conservation




                                                               -188-











              DRAFT November 1996                                       USES SUBJEC T TO MA NA GEMEN T


              purposes, and provides some tax benefits to landowners. The Coastal Resources Division will help
              to facilitate any such cooperative effort for protection of sensitive habitat.

                     The Non-Game Program of the Georgia Department of Natural Resources, Wildlife
              Resources Division, has resolved conflicts between private property owners and certain endangered
              or threatened species by occasionally relocating members of the species. For instance, gopher
              tortoises have been relocated to non-developed areas from private property on which the owner
              wanted to develop. Isolated populations of red cockaded woodpeckers have also been relocated from
              private property to wildlife management areas when it was in the best interest of both the bird and
              the property owner.

                     Fish stocks may be limited by the carrying capacity of the ecosystem. It is better to sustain
              abundant stocks in quantities that the habitat can support, rather than to sustain high consumptive
              use. It may be better to promote the quality of the fishing experience rather than the quantity.
              Encouragement of catch and release and enforcement of limits and minimum size standards can
              increase the quality of fishing. Selective breeding can have some negative genetic implications;
              wild stock is preferable. Licensing requires legislative action.































                                                             -189-











                CHAPTER SIX                                                              DRAFTNovember 1996



                                                G. Public Services and Facilities


                Findings


                Public Buildings and Rights-Of-Way

                       Although construction of new public or government buildings may serve a need in the public
                interest, these facilities should also protect the public's interest in resource management through
                careful consideration of site characteristics, construction methods, and building and site design.
                Public and quasi-public buildings have potential negative impacts similar to those associated with
                residential or commercial development. They are of coastal management concern if they involve
                dredging or filling in productive wetlands, or impact water quality from erosion, storm water run-off
                or sewage discharges. There also may be conflicts with other potential uses for the same site
                locations and other water-dependent uses.



                Water Supply Facilities

                       Water supply in coastal Georgia is inextricably linked to groundwater. Approximately 63
                percent of water use in the coastal plain is derived from groundwater sources. There are three
                potential sources of groundwater: (1) shallow aquifers, between 20 and 100 feet deep, which supply
                generally good quality water to rural households and other small quantity users; (2) the principle
                artesian aquifer (the Floridan Aquifer), between 200 and 1000 feet below land surface, that supplies
                excellent water quality to major industrial and municipal users; and (3) the deep aquifer beneath the
                Floridan Aquifer and the brackish water zone, which may have eventual industrial application.

                       Salt water intrusion caused by excessive withdrawals endangers the Floridan Aquifer. While
                groundwater from this aquifer is plentiful beneath the Georgia coastal area, heavy pumping by
                industrial and municipal users has decreased groundwater pressure and induced large cones of
                depression in the aquifer in the Savannah and Brunswick areas, and to a lesser degree in the St.
                Marys area. This resulting pressure imbalance facilitates infiltration of brackish water trapped in
                formations that underlie the principle aquifer. Therefore, continued groundwater withdrawals and
                groundwater use must be carefully managed to secure continued high quality water for coastal
                Georgia. Groundwater management plans and water conservation measures are necessary to allow
                continued economic and population growth.

                       Surface water in coastal Georgia provides the other 38 percent of the water used in the coastal
                plain (the coastal plain extends further inland than does the coastal area as described for management
                by this program). Of this, 53 percent is used for self-supplied industry, 34 percent is used for
                irrigation, and 18 percent is used for public supply. Decreasing dependence on groundwater and


                                                               _190-



                                                                                                                                  C











              DRAFT November 1996                                         USES SUBJECT TO MA NA GEMEN T


              managing surface water uses more effectively are potential management strategies for sustaining
              Georgia's groundwater resources.

                      There is also the potential for adverse impacts associated with the transmission of freshwater.
              Installation of water pipelines, with the concomitant digging and trenching by construction
              equipment, can cause environmental damage where they cross wetlands or submerged bottoms.
              There are also potential secondary impacts from increased growth and development as a result of
              water supply to new areas. Comprehensive management plans can help to mitigate such impacts.


              Sewage Treatment Facilities

                      Sewage treatment facilities include treatment plants and associated transmission systems,
              lagoons, impoundments, septic tanks, and outfalls. Provision of adequate sewage treatment systems
              in order to protect public health and welfare, as well as environmental quality in coastal
              communities, becomes increasingly important with growing populations and urban densities. The
              primary negative impact associated with sewage treatment systems is water quality degradation
              caused by effluent discharge from septic tanks or treatment plants. Septic tanks are only effective
              in treating sewage in areas where soils are suitable for proper drainage, where systems are adequately
              spaced, and where groundwater and surface water sources are sufficiently distant. Central treatment
              plants can also present environmental problems. Eventual disposal of the effluent or sludge may
              degrade the quality of coastal waters, and possibly disrupt wetland systems, recreational activities,
              and fish and shellfish resources. The same issues involved in the laying of other pipelines can be
              present in construction of sewer transmission systems.

                      Certain potential secondary impacts of growth inducement from sewage treatment facilities
              can result if sewer systems are extended into areas with little previous development. This type of
              growth catalyst can become a serious problem if sensitive or fragile areas are threatened, or if local
              zoning or other regulation is inadequate to provide proper management.



              Solid Waste Facilities


                      Solid waste disposal is a crucial problem confronting all local governments in Georgia's
              coastal area. Proper landfilling of solid waste requires special site conditions and operating methods.
              In the coastal area, the widespread presence of porous soils, a high water table, and seasonal surface
              flooding severely limit the availability of acceptable landfill sites. Improperly located landfills can
              directly intercept and pollute the shallow aquifer that underlies much of the coastal area. High
              amounts of rainfall, characteristic of coastal Georgia, may seep through layers of solid waste and
              induce formation of leachate in improperly operated landfills. Subsequent pollution of the shallow


                                                               -191-











                CHAPTER SIX                                                              DRAFT November 1996



                groundwater may result, thereby affecting the source of water of some coastal residents and wildlife.
                Additionally, surface runoff polluted by landfills may pose a health hazard to humans, wildlife, and
                fisheries in coastal waters. Coastal waters may be adversely affected by the downstream flow of
                polluted water from dump or landfill sites located far inland on coastal tributaries.

                        As existing disposal sites become filled to capacity, new sites that satisfy environmental
                criteria must be located. The following policies for solid waste disposal are important for guiding
                the location and operation of disposal sites to meet future needs while protecting coastal resources.



                Dams and Reservoirs


                        Dams and reservoirs are not currently, and are not expected to be, a controversial issue in the
                Georgia coastal area. The coastal rivers are broad, relatively slow-moving, and pass through flat,
                low-lying areas. Georgia coastal rivers have limited suitability for hydroelectric projects. Dams and
                reservoirs do provide, however, other benefits such as drinking water storage and recreation
                opportunities, and thus may become important factors in the future. For that reason, dams and
                reservoirs are considered in the Coastal Management Program for consideration during planning
                processes.


                        Many of the possible impacts that might be created by dams, reservoirs and water diversion
                projects are associated with alteration of normal stream flow. Such impacts include water quality
                degradation, changes in salinity and water temperature, loss of aquatic species habitat or adequate
                spawning periods, alteration of the character of downstream coastal marshes, and interdiction of
                upland sediments destined for incorporation into the coastal sediment budgets. Reservoirs or
                impoundments also may inundate areas of geological significance, historical interest, or
                archeological importance. While many of the adverse environmental effects of darns and reservoirs
                cannot be avoided, specific management policies and techniques can reduce the impact.



                Policies


                Public Buildings and Rights-Of-Way
                        ï¿½ Georgia Erosion and Sedimentation Act
                        ï¿½ Coastal Marshlands Protection Act
                        ï¿½ Georgia Scenic Rivers Act
                        ï¿½ Shore Protection Act
                        ï¿½ Georgia Water Quality Control Act
                        ï¿½ Georgia Antiquities Act




                                                                -192-











            DRAFTNovember 1996                                   USi-S SUBJECT TO MANAGEMENT



            Water Supply Facilities
                    ï¿½Georgia Water Quality Control Act
                    ï¿½Groundwater Use Act
                    ï¿½Revocable License Program
                    ï¿½Georgia Safe Drinking Water Act
                    ï¿½Coastal Marshlands Protection Act
                    ï¿½Shore Protection Act
                    ï¿½Revocable License Program
                    ï¿½Georgia Erosion and Sedimentation Act

            Sewage Treatment Facilities
                    ï¿½Georgia Water Quality Control Act
                    ï¿½Coastal Marshlands Protection Act
                    ï¿½Georgia Fisheries Law Pertaining to Shellfish
                    -Revocable License Program
                    ï¿½Septic Tank Law
                    ï¿½Georgia Erosion and Sedimentation Act

            Solid Waste Facilities
                    - Georgia Comprehensive Solid Waste ManagementAct
                    - Georgia Hazardous Waste Management Act


            Dams and Reservoirs
                    ï¿½ Shore Protection Act
                    - Coastal Marshlands Protection Act
                    ï¿½ Georgia Safe Dams Act
                    ï¿½ Revocable License Program
                    ï¿½ Georgia Scenic Rivers Act



            Description


                    For additional descriptions of the policies listed above, refer to Chapter Five, "Policies and
            Management Authority." The following are additional comments with respect to each public service
            facility area.








                                                        -193-











                CHAPTER SIX                                                              DRAFT November 1996



                Public Buildings and Rights-Of-Way

                       In addition to the State authorities listed above, there are various federal authorities with
                which there must be compliance for construction of rights-of-way, including the federal Clean Water
                Act and the National Historic Preservation Act.


                       No land-disturbing activities shall be conducted without a Permit issued by the governing
                authority of the county in which the activity is proposed. In addition to an erosion control pen-nit,
                a permit issued under the Shore Protection Act or the Coastal Marshlands Protection Act may be
                required. Permit coordination for activities within the coastal zone is a focal point of the Georgia
                Coastal Management Program.

                       The Federal Flood Insurance Program is administered through the Federal Insurance
                Administration, which is a Division within the Federal Emergency Management Agency. The
                Program establishes standards for construction in designated flood areas, and requirements for flood
                insurance within the areas.


                       In addition to the State authorities listed, federal and local health codes establish sewage
                disposal standards.

                       The only structures that are permitted under the jurisdiction of the Shore Protection Act are
                structures of a temporary nature, which must not impose upon the normal functions of the sand-
                sharing mechanisms. Buildings are not permitted.



                Water Supply Facilities

                       In addition to the State authorities listed, there are federal laws such as the Clean Water Act
                and local health codes concerning drinking water.

                       The Shore Protection Act establishes permit requirements for the construction of any
                structure, for any engineering activity, and for any land alteration activity that changes the natural
                topography or vegetation. Permanent pipeline construction across beaches is prohibited. Open
                pipeline canals are prohibited within the jurisdiction of the Coastal Marshlands Protection Act and
                the Shore Protection Act, and recommended for prohibition in other areas of the coastal area.

                       Federal and State requirements for protection of wetlands do not prohibit activities within
                wetlands areas, they merely establish certain criteria that are necessary for obtaining a permit to
                accomplish the activity. The U.S. Army Corps of Engineers has developed a wetlands mitigation
                strategy in cooperation with several state and other federal agencies.


                                                                -194-











              DRAFT November 1996                                        USES SUBJECT TO MA NA GEMEN T



              Sewage Treatment Facilities


                      In addition to the State authorities listed above, the federal Clean Water Act Section 402
              (National Pollutant Discharge Elimination System) establishes requirements for permits to discharge
              pollutants. The Coastal Resources Division staff reviews all federal permits that result in discharges
              to the navigable waters of the coastal area under the authority provided by section 401 of the Clean
              Water Act.


                      The Department of Human Resources and the various County Health Departments are
              responsible for permitting and monitoring septic tanks.

                      Within the jurisdiction of the Coastal Marshlands Protection Act and/or the Shore Protection
              Act, applications for the construction of lagoons or impoundments for waste treatment facilities and
              similar activities shall be denied.


                      The National Shellfish Sanitation Program is administered by the U.S. Public Health Service,
              and implemented by the Coastal Resources Division. The National Shellfish Sanitation Program sets
              standards for water quality and siting requirements for outfalls, among other things.

                      The Coastal Resources Division coordinates with the Environmental Protection Division and
              other agencies with responsibility for implementing comprehensive plans affecting sewage treatment,
              to ensure that proposed projects are compatible with growth and development plans and that
              alternative locations for sewage treatment facilities are considered.



              Solid Waste Facilities


                      The Coastal Resources Division works with the appropriate Regional Development Centers
              (RDCs) to provide local governments with technical assistance regarding solid waste facilities in the
              coastal area.




              Dams and Reservoirs


                      Dams and Reservoirs are not a significant issue in the coastal area.









                                                              -195-











                CHAPTER SIX                                                              DRAFT November 1996



                                                           K. Dredging


                Findings


                        Dredging in coastal Georgia is primarily performed by the U.S. Army Corps of Engineers to
                maintain shipping channels at safe operating depths. Suitable sites for dredged material storage is
                determined by a "Local Assurer." In the Savannah Harbor, the Local Assurer is the Chatham County
                Board of Commissioners. At the Port of Brunswick, the Local Assurer is the Glynn Coun@y Board
                of Commissioners. For the Atlantic Intracoastal Waterway, the Local Assurer is the Georgia
                Department of Transportation.

                        In the Savannah Harbor, Chatham County and the Georgia Department of Transportation
                manage dredged material containment areas along more than 20 miles of the Savannah River
                shipping channel. An average of 7.83 million cubic yards of sediment are removed from the
                Savannah Harbor annually. Most of the material is concentrated in a large sediment basin on the
                Back River, which is aided by the operation of tide gates maintained by the Corps of Engineers.

                        The Port of Brunswick requires dredging and disposal of approximately 1.8 million cubic
                yards of material per year. More than one half of this material is pumped to an approved off-shore
                site for deep water disposal. The remainder of the material is pumped to a storage area on nearby
                Andrews Island.


                        For the Atlantic Intracoastal Waterway, 135 miles of navigational channel are maintained at
                a 12 foot depth. This requires the removal of about three million cubic yards of shoal material
                annually. The State of Georgia provides 83 dredged material disposal sites, not diked, along the
                Waterway.

                        Dredged materials are tested for contarninants based upon the U.S. Corps of Engineers/U.S.
                Environmental Protection Agency Inland Testing Manual. The guidance in this manual recommends
                an initial assessment, tiered testing approach similar to that employed in the Ocean Testing Manual.
                The Inland Testing Manual recommends an initial evaluation of existing contaminant information
                (Tier 1) to help identify potential areas of contamination and chemicals of concern to evaluate. If the
                initial assessment or events indicate problems with sediment contamination, additional chemical
                testing (Tier II) and biological testing (Tier M) is advocated.



                Policies


                        ï¿½Georgia Water Quality Control Act
                        ï¿½ Georgia Erosion and Sedimentation Act


                                                               -196-











              DRAFT November 1996                                        USE S SUBJEC T TO MA NA GEMEN T



                      ï¿½ Coastal Marshlands Protection Act
                      ï¿½ Shore Protection Act
                      ï¿½ Revocable License Program
                      ï¿½ River Corridor Protection Act



              Description


                      The Corps of Engineers uses a "reason to believe" test together with a tiered testing approach
              to determine the necessity and type of testing required on dredged materials. These procedures were
              formulated jointly by the U.S. Environmental Protection Agency and the Army Corps of Engineers.
              This approach applies to both ocean and inland disposal sites. The Corps of Engineers holds
              permittees to the same standards to which they are held.

                      Through its permits, the State of Georgia has the responsibility for protecting the public
              interest and state-owned lands. The Coastal Marshlands Protection Act requires a consideration of
              the public interest before a permit can be issued for a material disposal site in the marsh. The
              Revocable License protects the state-owned tidal water bottoms; only activities that have minimal
              impact on state property are issued a revocable license.

                      Federal permits are also required for projects involving the dredging or filling of wetlands;
              permitted projects must meet the requirements of the federal Clean Water Act.

























                                                              -197-











              CHAPTER SIX                                                         DRAFT November 1996



                                                    SECTION IV:
                                       ENERGY FACILITY PLANNING



                     Energy facilities are important factors in economic growth, development, and national
              defense. Maintaining Georgia's energy facility infrastructure is important for economic, public
              health and safety, and environmental reasons. This section describes Georgia's energy facilities,
              the planning process, and the management authority regarding energy in Georgia. The energy
              planning process begins with an overview of the existing energy demands in the state, the pattern
              of supply, and the estimated future energy needs. The various mechanisms for energy planning
              are explained. The laws and regulations that regulate this process are identified and described.
              Finally, a discussion of the decision process and the opportunity for public involvement in the
              planning process is provided.

                     "Energy facilities" refer to any equipment or facility which is or will be used primarily in
              the exploration for or the development, production, conversion, storage, transfer, processing, or
              transportation of, any energy resource; or for the manufacture, production, or assembly of
              equipment, machinery, products, or devices which are involved in any of these activities. The
              term includes, but is not limited to, the following:

                     (1)    Electric generating plants
                     (2)    Petroleum refineries and associated facilities
                     (3)    Gasification plants
                     (4)    Facilities used for the transportation, conversion, treatment, transfer, or storage of     0
                            liquified natural gas
                     (5)    Uranium enrichment or nuclear fuel processing facilities
                     (6)    Oil and gas facilities, including platforms, assembly plants, storage depots, tank
                            farms, crew and supply bases, and refining complexes
                     (7)    Facilities, including deepwater ports, for the transfer of petroleum                       0
                     (8)    Pipelines and transmission facilities
                     (9)    Terminals which are associated with any of the aforementioned


                                             A. Energy Facilities in Georgia                                           0
                     Overall, most of the State's total energy comes from sources outside the State. Coal,
              which is not mined in Georgia, furnishes about 30 percent of Georgia's energy consumption,
              gasoline provides 20 percent, other petroleum products provide 20 percent, natural gas provides
              20 percent, and hydro power and nuclear sources (combined) provide less than 10 percent of
              Georgia's total energy consumption.                                                                      0

                                                          -198-













              DRAFT November 1996                                          USES SUBJECT TO MANAGEMENT

             1. Georgia's Electric Utilities


                      The generation, transmission, and retail distribution of electricity in Georgia is a complex
              network of competitive organizations. There are three types of retail distribution utilities for
             electricity: cooperatives, investor-owned facilities, and municipal systems. Electric generating
              plants are owned either jointly by two or more of these utilities or individually by one utility.
              The U.S. Army Corps of Engineers owns hydroelectric generating facilities that provide some
              electricity to these organizations. In addition, manufacturers (such as paper mills) in the coastal
              area operate on-site steam and electricity co-generating plants to economically provide for their
              own needs and sell excess electric generation to the utilities.

                      Georgia's electric power is generated through a combination of coal, oil, natural gas,
              nuclear, and hydropower sources. Plants located in the coastal area include McIntosh, Kraft,
              Riverside, and McManus. These plants contain combustion turbine peaking units or base load
              primary fuel steam units. The electricity transmission system is integrated with the utilities and
              interconnects all generating plants. Because the system is interconnected, there are not direct
              delivery lines from specific generating plants to specific retail service areas. Electricity is
              delivered to assigned retail service areas through the integrated transmission system. Each retail
              service area has been delineated and assigned to a specific utility (cooperative, investor-owned,
              or municipal) by the Georgia Territorial Act. The utility is obligated to serve all customers
              located in that area. To promote competition, the Act allows customers having a connected load
              greater than 900 kilowatts (e.g., a large grocery store, a small manufacturer) the opportunity to be
              served by any of the utilities, regardless of location.


                                  TABLE 6.2: Electric Utilities Located in the Coastal Area
                              Owner,          Plant Name.       Fuel Source:     kilowatt Capacity
                                                                                                                                          ts
                      Primary fuel Plants         
                                                                                        
                             GA Power                  Mc Manus                        Oil                  143,750                             GA Power..       M M is
                                                                       
                                                                                               172,000
                              SE&P				McIntosh           Coal
                                                                       Coal/Gas                335,000
                              SE&P             Kraft                 
                                                                                                                           SE&P                
                                               Riverside                                         111,000
                      Combustion Turbine Plants.,
                              GA Power,        McManus                   Oil                      500,000
                                                                                        
                               
                                                                         Gas                      607,920
                              GA Power                McIntosh
                                                                      

                                               
                              SE&P             Kraft                     Gas/Oil                      I
                                                                                 
                                               
                              32SE&P             McIntosh Ct.             Gas/0il
                                             
                      Hydro-electric:Plants:
                             ACOE Hartwell			Hydro			344,000
                              AC0E Richard B. Russell		Hydro			300,000
					ACOE Thurmond (S.C.)		Hydro			280,000
                                 TOTAL CAPACITY                     				2,972,770
                              
                      



                                                            
                                       
                                                         
                                 










              CHAPTER SIX                                                         DRAFTNovember 1996



              a. Investor-Owned Facilities and Servicers


                     Savannah Electric and Power Company and Georgia Power Company are investor-owned
              utilities. They own power generation and transmission facilities in whole or in part, and provide
              service in assigned retail service areas as well as to some customers with 900 kilowatts connected
              load outside their assigned territory. Savannah Electric and Georgia Power do not provide
              service to all the customers in the coastal area. Their assigned retail service areas generally
              include larger municipalities and nearby areas.

                     Savannah Electric's assigned retail service area includes most of Chatham and Effingham
              counties, plus parts of Bryan, Bulloch, and Screven counties. Georgia Power's assigned retail
              service area includes Pembroke, Hinesville, Darien, Sapelo Island, Sea Island, St. Simons Island,
              Brunswick, Kingsland, Folkston, Jesup, Ludowici, and nearby areas.

                     The plants and service network of investor-owned facilities such as Georgia Power and
              Savannah Electric and Power Company are regulated by the Georgia Public Service Commission
              and, therefore, are required to complete Integrated Resource Plans as defined by the Official
              Code of Georgia Annotated (O.C.G.A. 46-3A) and the rules of the Georgia Public Service
              Commission.



              b. Electric Cooperatives

                     In addition to investor-owned facilities and service networks, there exist electric
              cooperatives know as Electric Membership Corporations (EMCs). Oglethorpe Power supplies
              electrical energy to the cooperatives in the coastal area for retail distribution. The EMCs'
              assigned retail service areas are generally rural but include several municipalities and the suburbs
              of other municipalities served by investor-owned utilities or municipal systems. There are six
              EMCs in the coastal area: Planters EMC in parts of Effingham County; Excelsior EMC in a
              portion of Effingham County; Canoochee EMC in parts of Bryan, Liberty and Long Counties;
              Satilla Rural EMC in parts of Wayne and Brantley Counties; Okefenokee Rural EMC in
              Charlton, Camden, Glynn, and portions of Brantley Counties; and Coastal EMC in parts of
              Bryan, Long, Liberty, and McIntosh Counties.

                     Oglethorpe Power owns portions of electric generation plants including Vogle, Hatch,
              Wansley, Scherer, Rocky Mountain, and Talasee Shoals. Oglethorpe is also a co-owner in the
              State's network of transmission lines and substations called the Integrated Transmission System
              (ITS). This system provides the means for Oglethorpe to provide generated power to the EMCs
              and, consequently, to its customers.




                                                          -200-











              DRAFT November 1996                                       USES SUBJEC T TO MA NA GEMEN T


                      As cooperative organizations, Oglethorpe Power and the EMCs are not directly regulated
              by the Georgia Public Service Commission. However, the generation plants that supply power to
              their systems are owned in part by organizations that are regulated. Consequently, Oglethorpe
              Power prepares regular Integrated Resource Plans to support the planning and maintenance of its
0             plants and service network similar to those required by the Georgia Public Service Commission.


              c. Municipal Power Companies

                      The Municipal Electric Authority of Georgia (MEAG) provides power to 48 small-to-
              medium sized cities around the State. WAG was formed in 1975 to provide wholesale power to
              smaller municipalities. However, none of the MEAG customer cities are located within the
              coastal area.



              d Southeast Power Administration and the Army Corps of E"ngineers

                      The Army Corps of Engineers operates hydro-electric projects in two districts: the
              Savannah District and the Mobile (Alabama) District. The Savannah District operates three
              plants called Hartwell, Richard B. Russell, and Thurmond. The Thurmond Plant is actually
              located on the South Carolina side of the Savannah River, but the Plant supplies a portion of its
              power to Georgia users. The Hartwell Plant is due to be upgraded in 1996 with an addition of
              82,000 Kilowatts of power and the Thurmond Plant is due for upgrading in the year 2003 with an
              increase in capacity by 74,000 Kilowatts.

                      The planning and upgrading of Corps of Engineers generation facilities is governed by the
              planning process of the Corps of Engineers. Their planning process is based upon maintenance
              and safety reviews, updated on an annual basis, and is not necessarily demand-driven. As
              federally-built and -operated systems, these generation plants are not regulated by the State of
              Georgia or the Georgia Public Service Commission. However, the Corps of Engineers and their
              projects are subject to the federal consistency provisions of the Georgia Coastal Management
              Program.



              2. Natural Gas


                      Natural gas is used as an energy source for residential, commercial, and industrial uses, as
              well as for electric generating facilities. A large infrastructure exists to deliver natural gas to all
              its users. Parts of Georgia are provided natural gas through Municipal Gas Distribution Systems,
              some of whom are members of the Municipal Gas Authority of Georgia. Other portions of the


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               CHAPTER SIX                                                            DRAFTNovember 1996


               State are serviced by Atlanta Gas Light Company. Natural gas service is provided to all coastal
               counties, with the exception of Brantley County, by Atlanta Gas Light Company. Claxton
               Natural Gas Company provides natural gas service to the Pembroke area. Atlanta Gas Light and
               Claxton Natural Gas Company operate their gas supply portfolios in accordance with the Federal
               Energy Regulatory Commissions' regulations.



               a. Natural Gas Pipelines

                      Two pipelines supply the coastal region and are owned by Southern Natural Gas
               Company. The first line runs from the Augusta area to Savannah; the second line runs from
               Macon to the Brunswick area.



               b. Natural Gas Supplies and Liquefied Natural Gas

                      Atlanta Gas Light Company contracts, elects, or is assigned various types of natural gas
               supplies. Finn transportation capacity and production area underground storage quantities are
               acquired through wellhead supply contracts and the spot gas market. Firm transportation
               capacity is supplemented through Liquefied Natural Gas supplies and supplemental underground                   0
               storage allotments.

                      There are three Liquefied Natural Gas (LNG) plants, owned by Atlanta Gas Light
               Company, located in Georgia but they are not in the coastal area. The supply of liquefied natural
               gas is important to the natural gas supplies for the coast but the plants and their management are             0
               not expected to impact the coastal area.     A former LNG plant on Elba Island in Chatam
               County may be re-opened by Southern Natural Gas Company as a peak shaving facility with the
               intention of vaporizing LNG during the summer and winter peak load times. This proposed re-
               opening should not require any new construction requiring dredging, land disturbing activities, or
               pipeline construction. If this plant is expanded or if additional LNG facilities are planned and               0
               constructed within the coastal area, these facilities will be subject to applicable pertnit
               requirements and the oversight of the Georgia Public Service Commission.


               c. Regulation of Natural Gas Utilities                                                                         0

                      The Atlanta Gas Light Company is regulated by the Georgia Public Service Commission
               and is consequently required to have an approved Integrated Resource Plan (IRP). These plans
               are designed to promote energy efficiency, to ensure long-term planning, and to identify future
               demand and energy needs.                                                                                       0


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              DRAFT November 1996                                        USES SUBJEC T TO MA NA GEMEN T



              3. Oil and Gas Facilities, Facilities of the Transfer of Petroleum, and Petroleum Refineries


                      There are no oil and gas refining facilities in the coastal area of Georgia. For general use
              of oil and gas, the rules for underground storage tanks (O.C.G.A. 391-3-15) apply to the coastal
              area and to the entire State. The ports of the State of Georgia handle and transfer petroleum
              products as part of their normal course of business. When petroleum products are transported or
              transferred, the rules of the United States Coast Guard apply. The coast of Georgia falls into two
              Coast Guard regions. These regions have the responsibility and the authority for inspecting and
              enforcing vessels to ensure that all of the requirements of the law are met pertaining to the
              transport and transfer of petroleum materials. As a federal agency, the U.S. Coast Guard is
              subject to the federal consistency provisions of the Georgia Coastal Management Program.



              4. Other Energy Facilities

                      There are no substantial facilities of the following types that are located in or substantially
              affect the coastal area: Petroleum Refineries and Associated Facilities; Gasification Plants; or
              Uranium Enrichment or Nuclear Fuel Processing Facilities.



                                          B. Projected Energy Supply and Demand

                      Both Savannah Electric and Power Company and Georgia Power perform long-term
              prediction of energy demands for the State based upon economic models. The principal
              economic variables used in the energy models include the following: real income, housing starts,
              non-manufacturing employment, manufacturing employment, industrial output, and fuel prices.
              With the exception of fuel prices, the figures used in the model are derived from the Georgia
              Economic Forecast. Fuel pries were based upon the recommendation of the Southern Electric
              System Fuel Panel. Fuel prices were adjusted to reflect retail oil, gas, and electricity prices by
              customer classes needed for use in the energy models. End-use technology information used in
              the residential and commercial models came from a variety of governmental and utility sources,
              including the Electric Power Research Institute (EPRI). Legislative and regulatory actions such
              as the Clean Air Act, which affect the price or usage of electricity, were also considered.

0                     The average annual growth rate of the Georgia territorial energy supply in Georgia
              Power's forecast period (years 1994-2019) is projected to be 2.0 percent compared to 3.6 percent
              for the period of 1980-1990. Some key economic variables, such as real personal income and
              population, are expected to decline in the forecast period as compared to the 1980-1990 period.
              Savannah Power and Electric Company predicts similar figures.



                                                              -203-











              CHAPTER SIX                                                        DRAFT November 1996



                     The State of Georgia does not have any substantial proven natural gas reserves to utilize.
              Therefore, Georgia does not produce raw Natural Gas or Liquefied Natural Gas. The most recent
              data from 1993 indicate that Georgia stored and consumed approximately 344 billion cubic feet
              of natural gas annually with all gas imported from other areas. This consumption of natural gas
              represents approximately 20 percent of Georgia's total energy consumption.



                                C. Energy Planning, Applicable Laws, and Regulations

                     The energy planning and certification process in the State of Georgia is governed by
              statute found in the Official Code of Georgia Annotated (Title 46, Chapter 3A) entitled
              "Integrated Resource Planning," and also by the Rules of the Georgia Public Service Commission
              (Chapter 515-3-4) entitled "Integrated Resource Planning." The Public Service Commission
              requires plans for a variety of public services including power plants and natural gas suppliers.
              The provisions in the rules of the Georgia Public Service Commission outline the requirement
              for electric plants to have a plan, endorse the Public Service Commission with the ability to
              enforce the requirement for a plan, and define the required components of the plan. Under the
              requirements of Georgia law, integrated resource plans for utilities must contain the following
              components:

                     (1)    The utility's electric demand and energy forecast for at least a 20 year period;
                     (2)    The utility's program for meeting the requirements shown in its forecast in an
                            economical and reliable manner;
                     (3)    The utility's analysis of all capacity resource options, including both demand-side
                            and supply-side options, and sets forth the utility's assumptions and conclusions
                            with respect to the effect of each capacity resource option on the future cost and
                            reliability of electric service;
                     (4)    The size and type of facilities that are expected to be owned or operated in whole
                            or in part by such utility and the construction of which is expected to commence
                            during the ensuing ten years or such longer period as the commission deems
                            necessary and shall identify all existing facilities intended to be removed from
                            service during such period or upon completion of such construction;
                     (5)    Practical alternatives to the fuel type and method of generation of the proposed
                            electric generating facilities and set forth in detail the reasons for selecting the fuel
                            type and method of generation;
                     (6)    Detail the projected demand for electric energy for a 20 year period and the basis
                            for determining the projected demand;
                     (7)    Description of the utility's relationship to other utilities in regional associations,
                            power pools, and networks;



                                                          -204-











               DRAFTNovember 1996                                          USES SUBJECT TO MANAGEMENT


                       (8)     Identification and description of all major research projects and programs which
                               will continue or commence in the succeeding three years and set forth the reasons
                               for selecting specific areas of research;
                       (9)     Any other information as may be required by the commission; and,
                       (10)    Convention of a public hearing on the adequacy of the plan within 60 days of the
                               filing of the plan.

               Utilities are not allowed to increase or decrease the capacity of any of the following: (1) A
               generating unit of an electric power plant; (2) A long-term power purchase; or (3) A demand-side
               capacity option by more than 15 percent without first obtaining a certificate from the Public
               Service Commission that the public convenience or necessit                     h a change.
                                                                               y requires suc


                       The rules of the Public Service Commission include specifications for site selection of
               future energy facilities. Each utility's application may be approved if it is found to be in the
               public interest and to comply substantially with the below site specifications. Additionally, each
               Integrated Resource Plan filed by existing utilities must include, but are not limited to, the site
               criteria discussed below. Plant site selection alternatives (for new utility sites) and site analysis
               criteria (for existing sites) that must be addressed are listed below:

                       (1)     Geological survey data and pertinent site geophysical characteristics, such as
                               seismic and groundwater conditions;
                       (2)     Environmental factors which include, at a minimum:
                               (a)     Air emission and compliance with the Clean Air Act and other clean air
                                       regulations and constraints;
                               (b)     Water emission including cooling water and other plant effluents as well
                                       as compliance with all clean water regulations;
                               (e)     Compliance with noise limitations;
                               (d)     Local endangered species;
                       (3)     Cultural and historic consideration such as properties of architectural, historical,
                               or archaeological significance (districts, sites, buildings, structures, and objects);
                       (4)     Disposal alternatives, to ensure that the most environmentally benign and cost-
                               effective methods are implemented;
                       (5)     Transmission network additions to connect the resource(s) to the bulk power
                               supply system.

               Natural gas utilities, also regulated by the Public Service Commission, are required to file an
               annual gas supply plan and to conduct a public hearing on such a filing (O.C.G.A. 46-2-26.5).

                       The Georgia Public Service Commission consists of five members elected by qualified
               voters of the State. The Commission has supervisory powers over all gas or electric light and


                                                                -205-











              CHAPTER SIX                                                          DRAFT November 1996


              power companies within the State and may require companies to establish and maintain public
              services and facilities as may be reasonable and just. Also, the Commission has the authority to
              prescribe rules and regulations for the safe installation and operations of all natural gas
              transmission and distribution facilities within the State (O.C.G.A. 46-2-20).

                     The Georgia Public Service Commission also has the power and authority to allocate any
              utility service or to alter, amend, suspend, or terminate any existing rule in order to protect the
              public health, safety, or welfare (O.C.G.A. 46-2-71). The Commission must hold a hearing
              respecting any such changes and precede the action with a notice to those affected by the action,
              except in cases of emergency. During emergency situations the commission may take action and
              notify affected individuals as soon as practicable under the circumstances.

                     Under Georgia law and rules the Georgia Public Service Commission has the authority to
              ensure that long term planning of energy and energy facilities occurs, is documented, and there is
              ample opportunity for public comment in the process. The planning process requires that a
              multitude of factors be taken into account including environmental concerns, assessments of
              existing and future demands, energy conservation, maximizing net societal benefit, financial
              planning, and regulatory constraints. Throughout this process, concerns in the national interest
              are considered and addressed. As new facilities'sites are selected and facilities' integrated
              resource plans are updated, these criteria are revisited and reviewed.

                     Through the Georgia Coastal Management Plan, the Coastal Resources Division
              encourages the consideration of issues of regional and national interest and the consideration of
              public health and welfare. Coastal Resources Division staff provides technical assistance with
              energy facility planning to assist facilities to meet their requirements.



                                 D. Public Involvement in the Energy Planning Process

                     The Official Code of Georgia Annotated (ï¿½46-3A-2(b)) requires that not more than 60
              days after a utility has filed its plan, the Georgia Public Service Commission shall convene a
              public hearing on the adequacy of the plan. The Commission shall determine: (1) the forecast
              requirements are based upon substantially accurate data and an accurate method of forecasting;
              (2) the plan identifies and takes into account any present and projected reductions in the demand
              for energy that may result from measures to improve energy efficiency in the industrial,
              commercial, residential, and energy-producing sectors of the State; and (3) the plan adequately
              demonstrates the economic, environmental, and other benefits to the state and to customers of the
              utility, associated with the possible measures and sources of supply.





                                                           -206-











              DRAFTNovember 1996                                    USES SUBJECT TO MA NA GEMEN T


                     Under circumstances where the Public Service Comnussion uses its authority to alter,
              amend, suspend, or terminate existing rates, schedules, contracts, rules, or regulations, a hearing
              must be held. In cases of emergency, the Commission may take action but must declare the
              situation an emergency and must afford notice and hearing to the persons affected as soon as is
              reasonably practicable (O.C.G.A. 46-2-71).

                     These provisions of the law allow public involvement in the energy planning process by
              providing an avenue for public input to proposed changes to energy facilities. The law requires
              that public notice must be placed, that hearings are held to discuss any issues, and, in cases of
              rule changes, the affected parties are properly notified. Through the Georgia Coastal
              Management Program, the Coastal Resources Division supports public participation and allows
              the public to comment and to provide input on the siting of energy related facilities.



                                                        E. Policies


                     - Georgia Water Quality Control Act
                     - Georgia Air Quality Act
                     - Endangered Wildlife Act
                     - Wildflower Preservation Act
                     9 Coastal Marshlands Protection Act
                     * Shore Protection Act
                     - Public Service Commission Title 46, Chapter 2
                     - Rules & Regulations, Public Service Commission
                     - Safe Drinking Water Act
                     - Groundwater Use Act
                     - Drinking Water Act and the Groundwater Use Act
                     - Georgia Underground Storage Tank Management Rules



                                                      F. Description

                     The Georgia Water Quality Control Act, Georgia Air Quality Act, Coastal Marshlands
              Protection Act, Shore Protection Act, and Wildflower Preservation Act policies address water
              quality, air quality, and habitat (including wetlands) concerns. The Shore Protection Act includes
              policies to address potential impacts to the sand-sharing system. The Public Services
              Commission requires that the national interest be considered. in planning and siting energy
              facilities. The Environmental Protection Division has initiated a Coastal Groundwater
              Comprehensive Management Plan under the authority of the Safe Drinking Water Act and the
              Groundwater Use Act. This plan includes consideration of energy facilities. The Georgia


                                                          -207-






                                                                                                            0




            CHAPTER SIX                                                  DRAFT November 1996

                                                                                                            0
            Underground Storage Tank Management Rules regulate underground storage tanks, including
            these on energy facilities.


                                                                                                            0






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                                                                                                            0






                                                                                                            0






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                                                    -208-



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0
           4"*.\ CHAPTER SEVEN:
0              SPECIAL MANAGEMENT AREAS



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10





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4











             DRAFTNovember 1996                                          S'PECIA L MA NA GEMEN T A REA S




                     The State of Georgia recognizes the need to address areas that are of particular
             importance because of their coastal-related values or characteristics, or because they may face
             pressures which require detailed attention beyond the general planning and regulatory system
             which is part of the regulatory program. As a result, these areas require special management
             attention within the terms of the State's overall coastal program. This special management may
             include regulatory or permit requirements applicable only to the area of particular concern. It
             also may include increased intergovernmental coordination, technical assistance, enhanced public
             expenditures, or additional public services and maintenance to a designated area.

                     "Special Management Areas" are, therefore, areas of unique natural resource value,
             including those exhibiting scarce or vulnerable natural habitats and physical features; those
             offering substantial recreational value; those of particular economic value; and those of vital
             importance in protecting and maintaining coastal resources. An area or resource must meet one
             or more of the following criteria to be designated as a Special Management Area.


                     (1)    The area is representative of one or more coastal ecosystem types or habitats, is
                            intact in the sense that essentially all of the expected species and ecological
                            processes are present in normal numbers and vigor, and meets at least one of the
                            following conditions:

                            (a)     Alteration or destruction of the area would substantially impair the ability
                                    of one or more ecosystem types to perpetuate themselves;
                            (b)     The area has qualified as critical habitat for an endangered or threatened
                                    species, under the Endangered Species Act of 1973, as amended; or
                            (c)     The area is unusually large or undisturbed in comparison to others of a
                                    similar kind, thus affording a unique o' portunity for scientific
                                    observations or recreation.


                     (2)    The area represents superior habitat for species that are of vital importance as
                            commercial or sports-oriented coastal resources.

                     (3)    The area affords maximum recreational opportunities in the coastal area because
                            of access to beaches or other coastal waters, the presence of unique physical or
                            cultural features or natural habitats, and/or the wide range of active and passive
                            recreation opportunities in a natural setting.

                     (4)    The area is of critical importance to the coastal economy.



                                                           -211-











              CHAPTER SEVEN                                                       DRAFT November 1996



                                                      SECTION 1:
                                    AREAS OF PARTICULAR CONCERN


                      This category of Special Management Areas includes areas or resources of such special             0
              importance and concern that the State has established regulatory and/or management controls
              over them. As development and implementation of the Georgia Coastal Management Program
              continues, areas which may deserve particular attention or designation as Areas of Particular
              Concern will be studied. Nominations of additional Areas of Particular Concern for inclusion in
              the Georgia Coastal Management Program may be made by State agencies, federal agencies,
              local governments, organizations, and interested private citizens. As long as the designation
              criteria listed below are met, the Coastal Resources Division may designate new Areas of
              Particular Concern as a routine program change. Any addition that would require a change in the
              designation criteria would constitute an amendment to the Program, subject to public review and
              Commissioner approval as described in Chapter Four, Section H (E). Both routine program
              changes and amendments must be approved by the National Oceanic and Atmospheric
              Administration, Office of Ocean and Coastal Resource Management (15 C.F.R. ï¿½ï¿½923.80-
              923.84). The criteria for designating an "Area of Particular Concern" are listed below. Georgia
              does not have any areas or resources that meet all of the designation criteria at this time.


                      (1)    The resource of concern must be inventoried and designated on a generic-or site-
                             specific basis, or both;

                      (2)    The resource must be identified by location (if site specific) or category of coastal
                             resources (if generic) in sufficient detail that affected landowners, governmental
                             entities, and the public can determine with reasonable clarity if a given area is or
                             is not designated;

                      (3)    The nature of the concern must be described as well as the basis on which
                             designations are made;

                      (4)    The management program must describe how it addresses and resolves the
                             concerns for which areas are designated; and

                      (5)    The management program must provide guidelines regarding priorities of uses in
                             these areas, including guidelines on uses of lowest priority.






                                                           -212-



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                   DRAFT November 1996                                                              SPECIAL MANAGEMENT AREAS



                                                                         SECTION 11:
                                     AREAS OF PRESERVATION AND RESTORATION



                             This category of Special Management Areas includes those areas exhibiting scarce or
                   vulnerable natural habitats and physical features; those offering substantial recreational value;
                   and those of vital importance in protecting and maintaining coastal resources. The forests,
                   marshes, streams, beaches, and coastal waters warrant special attention in the State's coastal
                   management program because of their ecological and economic importance. The fact that these
                   are finite and limited resources which need careful preservation and thoughtful management is
                   increasingly evident. The following areas have been categorized as Areas of Preservation and
                   Restoration by because they, by definition, include procedures to designate the areas for the
                   purpose of preserving and/or restoring them for their conservation, recreation, ecological,
                   historical, and/or aesthetic values.

                                        TABLE 73: Inventory Areas of Preservation and Restoration

                             Heritage Trust Program Lands:
                                        Ossabaw,.Island         Chatham County.
                                        Richmond Hill Widlife Management Area Liberty,Bryan, andMclntosh Counties
                                                                                                                
                                        Wormsloe,Historic Site,- Chatham. County
                                        Little Tybee Island     Cabbage island         Chatham County
                                                                                                                           s
                                                                           
                                        Altamaha River    Corridor-McIntosh Wayne,and long Counties
                                Wildlife Management
                                                                                                    
                                        Altamaha Wildlife,Management Area McIntosh    County
                                                                                                      
                                                                                                   
                                        Dixon Memorial Wildlife Managment Area - Brantley County
Little Satilla Wildlife Management Area - Wayne county
Ossabaw Island Wildlife Management Area- Chatham County
Paulk's Pasture Wildlife Management Area- Glynn County
Rayonier Wildlife Management Area - Wayne and Brantley Counties
Richmond Hill Wildlife Management Area- Bryan and McIntosh Counties
Sansavilla Wildlife Management Area - Glynn and Wayne Counties
Richard J. Reynolds Wildlife Management Area - McIntosh County

State Parks and Historic Sites
Crooked River State Park - Camden County
Fort McAllister Historic Site -Chatham County
Skidaway Island State Park -Chatham County
Fort King George Historic Site -McIntosh County
HofwylBroadfield Plantation Historic Site -Glynn County
Fort Morris Historic Site - Chatham County
Wormsloe Historic Site- Chatham County
Jerkyll Island -Glynn County
Sapelo Island National Estuarine Research Reserves -- McIntosh County


213 










              CHAPTER SEVEN                                                         DRAFT November 1996


                                             A. Heritage Trust Program Lands

                      Heritage Trust Preserves within Georgia's coastal area, because of their unique natural,
              historical, and cultural values, are designated Areas of Preservation and Restoration. The
              Georgia Heritage Trust Program was established by the Heritage Trust Act of 1975. The purpose                 0
              of the Heritage Trust Program is to identify those areas in Georgia that exhibit unique natural
              characteristics, special historical significance, or particular recreational values, and therefore
              warrant protection through the acquisition of fee simple title or lesser interests, or by utilization
              of other available methods. A "heritage area" is an area that has been identified by the Board of
              Natural Resources as having significant historical, natural, or cultural value.                               0

                      A heritage area that has been acquired by the Department of Natural Resources for the
              Heritage Trust Program, and any other real property owned by the State of Georgia and under the
              custody of the Department of Natural Resources, may be dedicated as a heritage preserve and
              shall contain a designation of the best and most important use or uses for the particular area.
              Heritage preserves, upon written recommendation of the Board of Natural Resources and
              approval by the Governor, shall be held by the State in trust for the benefit of the present and
              future generations of Georgia citizens. Heritage preserves may not be put to any use other than
              the dedicated use or uses. Any lands within the coastal area dedicated as heritage preserves in
              the future will also be designated as "Areas of Preservation and Restoration" by the Georgia
              Coastal Management Program.

              Priori!y of Uses for Heritage Trust Program Lands

                      (1)    The dedicated uses of the specific heritage preserve;
                      (2)    Uses that allow public enjoyment of the areas as long as the primary natural
                             character of the area is not disrupted;
                      (3)    Uses that are compatible with the area's wildlife and wildlife management;
                      (4)    Uses that jeopardize the integrity of the Heritage Trust Program are prohibited.


                                           B. State Wildlife Management Areas

                      Wildlife Management Areas located within the coastal area are designated as Areas of
              Preservation and Restoration. The Georgia Department of Natural Resources, Wildlife
              Resources Division is empowered to acquire land areas and to enter into agreements with
              landowners for purposes of managing wildlife species and establishing specific sanctuaries,
              wildlife management areas, and public fishing areas. The Wildlife Resources Division
              administers a management plan for each area that establishes short- and long-term uses and
              guidelines for the protection and use of each specific area. These areas owned and/or managed


                                                            -214-











              DRAFT November 1996                                        45PECIA L MA NA GEMEN T A REA S


              by the Wildlife Resources Division are important for conservation of wildlife and for recreational
              hunting and fishing opportunities. New acquisitions of wildlife management areas and public
              fishing areas within Georgia's coastal area will be designated as Areas of Preservation and
              Restoration. The Wildlife Management Areas within the jurisdiction of the Coastal Marshlands
              Protection Act, the Shore Protection Act, and/or the Revocable License Program receive the
              additional protection provided by these laws.

              Priorily of Uses for State Wildlife Management Areas

0                     (1)    Uses that are consistent with the wildlife management area or public fishing areas
                             plan for each designated area; and
                      (2)    Uses that are compatible with the area's wildlife, wildlife habitats, and wildlife
                             management that simultaneously provide public recreational opportunities such as
                             hunting and fishing.



                                             C. State Parks and Historic Sites


                      State parks and historic sites within the coastal area are designated Areas of Preservation
              and Restoration. The Parks, Recreation, and Historic Sites Division of the Georgia Department
              of Natural Resources is responsible for the maintenance and operation of state parks and historic
              sites within the coastal area. These State parks and historic sites provide a wide variety of
              recreational opportunities and educational programs to Georgia residents and visitors. The State
              parks and historic sites within the coastal area also highlight many aspects of coastal Georgia's
              natural and cultural heritage.

                      The Parks, Recreation, and Historic Sites Division prepares management plans and
              regulates uses of each State park and historic site. Future additional State parks and historic sites
              within the coastal area will be designated as Areas of Presentation and Restoration.

              Priori1y of Uses for State Parks and Historic Sites

                      (1)    Varied recreational activities open to the public;
                      (2)    Non-intensive uses that require minimal feasible alteration and that maintain the
                             natural functions of the area; and
                      (3)    Provision of educational opportunities to part-, visitors.







                                                           -215-











               CHAPTER SEVEN                                                            DRAFT November 1996



                                                         D. Jekyll Island

                       Jekyll Island is the sixth largest of coastal Georgia's barrier islands, with about 4,400
               acres of upland. Jekyll was named for Sir Joseph Jekyll, the largest contributor to Georgia's
               colonization. At one time, the English operated an outpost garrison on Jekyll to support the
               fortifications of General Oglethorpe on St. Simons Island to the north. In 1886, the island was
               purchased by a group of America's wealthiest families who developed it into the nation's most
               exclusive resort of the time, the Jekyll Island Club. By 1900, the members of the Jekyll Island
               Club represented one-sixth of the world's wealth. The club closed in 1942 at the outbreak of
               World War 11, and never reopened. The State of Georgia acquired Jekyll Island in 1947 for use
               as a State park. In 1950, the State legislature established the Jekyll Island Authority (O.C.G.A.
               12-3-230) to operate the island's facilities. The State purpose of the Authority is to maintain and
               to protect Jekyll Island's resources using funds generated from its amenities, and to restore and
               conserve the facilities. Jekyll Island is not, therefore, within Georgia's system of State parks. In
               1978, the Jekyll Island Club Historic District was designated a National Historic Landmark.

                       The Jekyll Island Authority is responsible for planning and regulating uses of Jekyll
               Island within the guidelines established in the "Jekyll Island -- State Park Authority Act." Due to
               Jekyll Island's unique recreational, historical, and cultural value, it is designated an Area of
               Preservation and Restoration.


               Priorijy of Uses for Jekyll Island

                       (1)     Uses that preserve the historic and cultural values of Jekyll Island;
                       (2)     Varied recreational activities open to the public;                                                 40
                       (3)     Non-intensive uses that require minimal feasible alteration and that maintain the
                               natural functions of the island; and
                       (4)     Provision of educational opportunities to visitors.



                                   E. Sapelo Island National Estuarine Research Reserve

                       Congress created the National Estuarine Research Reserve System (NERRS) in 1972, in
               order to develop a system of estuarine reserves that represents a wide range of coastal and
               estuarine habitats found in the United States and its territories. In 1975, Georgia proposed the
               Duplin River estuary as a national estuarine sanctuary. The U.S. Department of Commerce,
               National Oceanic and Atmospheric Administration (NOAA) studied and approved the State's
               proposal, and the site received designation as the Sapelo Island National Estuarine Sanctuary in
               December 1976. Sapelo Island was the second estuarine sanctuary designated as part of the
               national system. These protected estuarine areas are now know as the National Estuarine


                                                               -216-











              DRAFTNovember 1996
                                                                           ,;PECIA L MA NA GEMEN T A REA S


              Research Reserve System. As part of the national program, Sapelo Island represents the
              Carolinian biogeographic region.

                      The Sapelo Island National Estuarine Research Reserve (SINERR) occupies almost one-
              third of Sapelo Island. Sapelo Island is the fourth largest Georgia barrier island, and one of the
              most pristine. The reserve, about 6000 acres, is made up of the Duplin River estuary, maritime
              forest, and beach and dune areas. The Duplin River estuary includes unspoiled coastal marsh and
              tidal creeks. This area represents one of the earth's most biologically productive systems and was
              formed at its present location five to ten thousand years ago. Not only is the island rich in natural
              history, but also in human history dating back over 6000 years.

                      The Georgia Department of Natural Resources manages the SWERR in conformance
              with the applicable NOAA regulations for the National Estuarine Research Reserve System and
              with a memorandum of agreement between the two agencies. The two primary purposes of the
              SIT%TERR are to protect natural and cultural resources, and to allow scientists to investigate and
              research the functions of the estuarine system. Public education and compatible recreation use
              are also part of the SINERR's program. The University of Georgia Marine Institute operates a
              major research center within the SINERR that provides scientists from around the world the
              opportunity to study estuarine and marine resources, geologic development of barrier islands and
              associated shoreline processes. Research at the Institute has generated more that 600
              publications.

                      The Georgia Coastal Management Program has designated the Sapelo Island National
              Estuarine Research Reserve as an Area of Preservation and Restoration due to its important
              research, educational, and recreational attributes.

              Priori1y of Uses for Sgpelo Island NERR

                      The priority of uses for Sapelo Island National Estuarine Research Reserve shall be those
              research, educational, and recreational activities conducted within the guidelines and regulations
              established for National Estuarine Research Reserves, and the goals and objectives established by
              the Department of Natural Resources with assistance from the SINERR Advisory Committee.












                                                             -217-











               CHAPTER SEVEN                                                        DRAFT November 1996



                                                      SECTION III:
                                         AREAS OF SPECIAL CONCERN


                      The Coastal Zone Advisory Committee (CZAC) Task Force identified certain areas as                    0
               "Areas of Special Concern" because they are unique and either environmentally fragile or
               economically significant to the coastal area and the State. These areas play an integral part in the
               coastal ecosystem, and alterations in these areas may have significant effects throughout the
               system. These "Areas of Special Concern" differ from "Areas of Particular Concern" and "Areas               0
               of Preservation and Restoration" in that they do not have management plans specific to that
               resource or particular geographic area and guidelines regarding priority of uses. In the future, an
               "Area of Special Concern" may be eligible for designation as an "Area of Preservation and
               Restoration" or an "Area of Particular Concern" if management plans and priority use guidelines
               developed for the resource meet the outlined criteria for designation. This section describes the
               Areas of Special Concern, along with the policies appropriate to each area. Refer to Chapter                0
               Five, "Policies and Management Authority," for more detailed descriptions of the applicable
               policies.


                                    TABLE 7.2:    Inventory of Areas of Special Concern                                    0


                                       itD
                                      6d







                                        iCh    h



                             Shore

















                                                            -218-











              DRAFT November 1996                                           @;PECIA L MA NA GEMEN T A REA S


                    A. Areas of Historic, Archaeological, Cultural, and Paleoentological Significance

              Findings


                       Georgia's coastal area has a rich cultural history. Historic sites attract tourists and local
              residents alike to learn about the life and history of their predecessors. As of October 1996, 112
              historic resources in the coastal area have been nominated to the National Register of Historic
              Places. The Regional Development Centers and the Department of Natural Resources Hi.storic
              Preservation Division provide technical assistance and funding to help identify these resources.
              Local communities and property owners are the critical link for nominating areas of historical
              significance. Local governments are required by the Georgia Planning Act to include an
              inventory of historic resources in their comprehensive plans. Without proper zoning protection,
              historically-significant areas could be used for activities that would diminish their historical
              value. It is important that local governments use their zoning powers to protect valuable historic
              and cultural sites from the impacts of development.



              Policies


                       ï¿½Georgia Antiquities Act
                       ï¿½Georgia Planning Act
                       ï¿½Georgia Comprehensive Solid Waste Management Act
                       ï¿½Coastal Marshlands Protection Act
                       ï¿½Shore Protection Act
                       -Revocable License Program


              Description

                       The Historic Preservation Division is responsible for identifying historic and
              archeological sites; for establishing, maintaining, and expanding the site inventory and register of
              historic places; and for assisting local communities in designating and nominating sites for the
              National Register. Local communities may initiate recognition of a site, and Regional
              Development Centers may employ historic planners to assist local communities with the
              application process.

                       The Georgia Antiquities Act established the laws for preservation of historic sites in
              Georgia. The Georgia Planning Act requires local governments to address historic resources in
              their local comprehensive plan. The Real Estate Unit of the Georgia Department of Natural
              Resources acquires property throughout the State under various authorities and for various
              purposes, including historic preservation.

                                                              -219-











               CHAPTER SEVEN                                                          DRAFT November 1996


                       Under the Georgia Comprehensive Solid Waste Management Act, publicly-owned solid
               waste facilities are required to identify and consider historic or cultural sites. Georgia law
               specifies a 5,708 yard minimum distance from historic sites. Private facilities are limited by
               local zoning requirements that are within the jurisdiction of local governments.

                       Within the jurisdiction of the Coastal Marshlands Protection Act, the Shore Protection
               Act, and the Revocable License Program, potential disposal sites for dredging materials must
               take into account significant historic, cultural, and archeological areas.



                                                       B. Barrier Islands


               Findings

                       Eight major barrier islands and several smaller barrier islands lie along the Georgia coast,            0
               separated from the mainland by several miles of salt marsh. These islands currently support a
               wide range of uses and activities, ranging from wildlife refuge and camping to residential and
               commercial development. All of Georgia's approximately 88 miles of ocean beach is located on
               the seaward side of these islands. This fact, combined with coastal Georgia's generally mild
               climate, makes the barrier islands highly attractive for recreational and commercial development.               0


                       Ten of the islands are in public ownership. With one exception (Jekyll Island), these
               islands lack causeway access and are designated wildlife management areas, heritage preserves,
               and undeveloped recreational areas. Tybee Island, Sea Island., St. Simons Island, and Jekyll                    0
               island are the only barrier islands directly accessible by automobile and are thus the only islands
               where significant urban development has occurred. Approximately 65% of the total upland
               acreage of the fifteen largest barrier islands is in public ownership (36% State and 29% Federal).
               The Georgia barTier island system is the most undisturbed system of large barrier islands in the
               United States. Section IV of this chapter, "Shorefront Access and Protection Planning,"                         0
               provides a more complete description of Georgia's beaches and barrier islands.



               Policies


                       ï¿½ Coastal Marshlands Protection Act
                       ï¿½ Shore Protection Act
                       ï¿½ Revocable License






                                                              -220-











               DRAFT November 1996                                           OPECIA L MA NA GEMEN T A REA S



               Description


                       The Coastal Marshlands Protection Act, the Shore Protection Act, and the Revocable
               License Program consider impacts on barrier islands when issuing permits. Development is
               allowed if in the public interest. Local governments are responsible for zoning decisions for their
               communities.




                                                      C. Marsh Hammocks


               Findings


                       In addition to the barrier islands, there are forested islands adjacent to salt marsh called
               marsh hammocks. Marsh hammocks exist for a number of reasons. Some are the remnants of
               old barrier islands formed during times of higher sea level; some are islands separated from
               larger islands by erosion; some are formations from ballast dumped by ships during the colonial
               era; some are dredge spoil disposal sites. Marsh hammocks act as protectors for other areas by
               slowing erosion from high spring or flood tides, acting as wind barriers, and impeding
               stormwater runoff. Marsh hammocks are botanically unique and can be valuable habitat for
               eagles and other animal species, as well as rare plants whose seeds have washed ashore. In many
               cases, Indian middens have been found on these islands. Marsh hammocks are unique scenic
               counterparts to coastal marshes.

                       Marsh hammocks are sometimes developed for residential sites, used as platforms for
               causeways, or used as wetland mitigation sites. As population and development pressures
               increase, more interest in developing these small upland areas is expected. Since development of
               these sites often requires considerable investment of infrastructure such as building causeways,
               laying utility lines to more remote areas, as well as disrupting valuable habitat, the extent of
               marsh hammock development that is in the public interest must be carefully evaluated. Erosion
               and sedimentation buffers help protect surrounding marsh.



               Policies


                         Georgia Erosion and Sedimentation Act









                                                               -221-











               CHAPTER SEVEN                                                           DRAFT November 1996



               Description


                       Residential, commercial, and industrial development on marsh hammocks are subject to
               the 25 foot setback required of the Georgia Erosion and Sedimentation Act. Local governments;
               are responsible for zoning decisions in their communities.



                                           D. Aquifer Management and Protection

               Findings


                      Coastal Georgia has a series of aquifer systems that vary in their confinement, depth,
               geologic characteristics, and water yield. The limestone strata underlying the coastal plain form
               one of the most productive aquifer systems in the country. The shallowest aquifers are near the
               surface in unconsolidated sediments, and are generally unconfined. The aquifers range in depth
               from 11 to 72 feet, and commonly yield two to 25 gallons of water per minute. They serve as a
               supplemental source of water in urban areas, and a primary source of water for domestic and
               livestock use in rural areas.


                      The Upper and Lower Brunswick aquifers are located in phosphatic and dolomitic quartz
               sand, and are generally confined. They range in depth from 85 to 390 feet, and commonly yield
               10 to 30 gallons of water per minute. In coastal Georgia, these aquifers are considered to be a
               supplemental water supply to the Upper Floridan aquifer. Most wells tap both the Floridan
               aquifer and parts of the Upper and Lower Brunswick aquifer.

                      The Floridan aquifer is a limestone, dolomite, and calcareous sand aquifer system, and is
               generally confined. Its depth ranges from 40 to 900 feet, and it commonly yields 1,000 to 5,000
               gallons of water per minute, though it can exceed 11,000 gallons per minute. The aquifer was
               deposited in the period from mid-Eocene to mid-Miocene. Since the aquifer is deeply buried in
               the coastal area, the groundwater level is influenced primarily by pumping and not by recharge
               from local precipitation. Instead, it is recharged with water where it is exposed near the fall line
               that runs from an area south of Augusta towards Macon, through Albany to Bainbridge. The
               aquifer flows from the fall line toward the ocean and provides water to the coastal area. The
               Floridan aquifer supplies 50 percent of groundwater used in Georgia.

                       The major withdrawals from the Floridan aquifer occur in the Savannah and Brunswick
               areas. Since pumping began in Brunswick during the late 1800's, withdrawals have lowered the
               level of the Upper Floridan aquifer and formed a cone of depression centered at Brunswick. This
               water level decline has allowed saltwater to migrate upward into the Upper Floridan aquifer in
               Brunswick from the Fernandina permeable zone. A cone of depression has also developed in


                                                              -222-











              DRAFT No vernber 1996                                       15PECIA L MA NA GEMEN T A REA S


              Savannah. The water level in the Upper Floridan aquifer in the Savannah area is mainly affected
              by pumping for municipal and industrial uses. The water level in the Upper Floridan aquifer in
              the Jesup-Doctortown area is mainly affected by industrial pumping at Doctortown, near Jesup.
              Beneath the Floridan aquifer lie the Claiborne, Clayton, and Cretaceous aquifers. These aquifers
              are less important as water sources for the coastal area.

                      As pressure on groundwater use increases and saltwater intrusion and lowering of the
              water table limit the usefulness of the aquifer, groundwater rrianagement issues become more
              pressing. The continued availability of high quality groundwater is a major limitation for
              residential, commercial, and industrial development in coastal Georgia. Long-term planning for
              alternative water uses such as surface water use and water conservation, and limiting excessive
              withdrawals are necessary to ensure continued access to water and to allow continued economic
              growth and achieve groundwater quality standards.



              Policies


                      ï¿½Safe Drinking Water Act
                      ï¿½ Groundwater Use Act
                      - Water Wells Standards Act



              Description

                      The Georgia Safe Drinking Water Act charges the Georgia Department of Natural
              Resources Environmental Protection Division with the responsibility of maintaining the quality
              of drinking water and maintaining a water-supply program adequate for present and future needs
              of the state. The Division is also authorized to develop rules and policies for the proper
              administration of drinking water programs.

                      The Groundwater Use Act charges the Board of Natural Resources with the responsibility
              to adopt rules and regulations relating to the conduct, content, and submission of water
              conservation plans, including water conservation practices, water drilling protocols, and specific
              rules for withdrawal and utilization of groundwater. The Environmental Protection Division
              administers these rules and regulations. Groundwater withdrawals over 100,000 gallons per day
              require a permit from EPD. Permit applications that request an increase in water usage must also
              submit a water conservation plan approved by the Director of EPD. The Environmental
              Protection Division has prepared a comprehensive groundwater management plan for coastal
              Georgia that addresses water conservation measures, protection from saltwater encroachment,
              and economic development issues.


                                                            -223-











               CHAPTER SEVEN                                                          DRAFT November 1996


                       The Water Wells Standards Act provides standards for siting, construction, operation,
               maintenance, and abandonment of wells and boreholes. In the case of individual and non-public
               wells, the Act requires that they be located as far from known or potential sources of pollutants
               as possible. The Act establishes licensing requirements for drilling contractors and a State Water
               Well Standards Advisory Council. The Council has the authority to adopt and amend rules and
               regulations that are reasonable to govern the licensing of well contractors. Compliance with the
               Act is required for all activities that use well water. The Council may file a petition for an
               injunction in the appropriate superior court against any person that has violated any provisions of
               the Act.



                                               E. Economic Development Areas

               Findings


                       Continued economic growth is important to the economic health of the coastal area.
               Local governments are encouraged to use comprehensive planning and zoning authority to guide
               development at the local level. Through the Georgia Coastal Management Program, the Coastal
               Resources Division provides information and technical assistance to local governments and
               developers to assist the planning process and to ensure that appropriate coastal issues are
               addressed. The Division's role includes providing technical and scientific information that
               encourages sustainable development which makes efficient use of resources and does not result
               in a net degradation of coastal resources and quality of life. Making quality economic growth a
               priority for the coastal region encourages long-term investment, economic stability, and
               employment opportunities in years to come.

                       The median income varies among the coastal counties reflecting the diversity of
               communities in the coastal area. Chatham County, which includes the City of Savannah, is the
               most urban county and ranks highest for median income. The comparatively rural counties rank
               lower for personal income levels. The coastal area has experienced strong population growth for
               the period from 1980 to 1990. This population growth is expected to continue at an average of
               20 percent per decade. Since increased population means increased use of resources and
               increased demand for municipal services, development planning and resource management is
               critical for the coastal area.


                       Although forestry and fishing are important employers in the coastal area, these industries
               are expected to lag behind state and national growth trends for the period 1990 to 2005. The
               services, communication, and transportation are employment categories expected to show the
               strongest growth in Georgia. To maintain a healthy economy while protecting natural resources
               for current and future residents, new development must be sustainable or carefully planned to


                                                              -224-











              DRAFT November 1996                                         15PECIA L MA NA GEMEN T A REA S


              minimize adverse environmental impacts. Through the Coastal Management Program, resources
              are available to provide planning and technical assistance, including referrals to experts and
              agencies.



              Policies


                       There are no policies in this category.



              Descriptio


                       Local governments are responsible for zoning decisions for their communities. Regional
              Development Centers assist in planning efforts.



                                             F. Public Access and Open Space

              Findings

                       Public access to recreational, wilderness, and other areas of the Georgia coastal area is of
              paramount importance to a burgeoning population. Section IV of this chapter, "Shorefront
              Access and Protection Planning," provides a summary of beach and natural areas within the
              coastal area that can be easily accessed by the public. Section VI of Chapter Six, "Marine
              Related Facilities," provides additional aspects related to public docks.



              Policies


                       ï¿½DNR Authority Under Title 27-1-6
                       ï¿½Preservation 2000
                       ï¿½RiverCare 2000
                       ï¿½Georgia Natural Areas Act
                       ï¿½Georgia Scenic Trails Act
                       -Scenic Rivers Act
                       ï¿½Coastal Marshlands Protection Act
                       ï¿½Revocable License Program
                       ï¿½Shore Protection Act
                       ï¿½Georgia Fisheries Law Pertaining to Shellfish



                                                            -225-











               CHAPTER SEVEN                                                           DRAFT November 1996


               Description

                       The Nongame Wildlife Conservation and Habitat Acquisition Fund provides a
               mechanism for voluntary donations and tax refund allocations to establish a fund to acquire
               property for wildlife habitat. The Georgia Department of Natural Resources has the authority
               under Title 27-1-6 of the Official Code of Georgia Annotated to "acquire by purchase,
               condemnation, lease, agreement, gift, or devise lands or waters suitable for ... fish hatcheries,
               nursery ponds, game ponds, sanctuaries, reservations, and refuges ... and for wildlife restoration,
               propagation, protection, preservation, management research or management      ...... Programs such
               as Preservation 2000 and RiverCare 2000 use State funding to acquire land for conservation and
               alternative uses. These programs also encourage access to publicly-owned areas for recreational
               and educational use. Any new tax incentive program will require legislative action.

                       The Georgia Natural Areas Act authorizes the Department of Natural Resources to
               identify areas in Georgia which are of unusual ecological significance, and to secure the
               preservation of such areas in an undisturbed state. The purpose of such acquisition is to allow for
               scientific study and education, to serve as an example natural area, and to enrich the quality of
               Georgia's environment. The Act defines natural areas as tracts of land in their natural state to be
               set aside and permanently protected, or managed for the purpose of preserving natural plant or
               animal communities, rare or valuable members of such communities, or any other natural feature
               of significant scientific, educational, geologic, ecological, or scenic value.

                       The Georgia Scenic Trails Act provides for a Georgia Scenic Trails System, in order to
               provide for the increasing recreation needs of an expanding population, promote outdoor areas,
               and provide an alternative to motorized travel. The Georgia Scenic Rivers Act defines scenic
               rivers to mean those which have valuable scerlic, recreational, or natural characteristics that
               should be preserved for the benefit and enjoyment of present and future generations.

                       The Coastal Marshlands Protection Act, the Shore Protection Act, the Revocable License
               Program, and Georgia Fisheries Law Pertaining to Shellfish include policies to prevent docks
               from having an adverse impact on navigation, marsh habitat, waterfowl, shellfish habitats, or
               safety. Refer to section VI of Chapter Five, "Marine Related Facilities," for additional
               information about docks. Local governments are responsible for planning public access and open
               space in their communities.










                                                              -226-











             DRAFTNovember 1996                                     SPECIAL MANAGEMENTAREAS



                                             G. Freshwater Wetlands


             Findings


                     There is no single definition of wetlands among wetlarid ecologists, managers, or
             government regulators. Despite differences in wording, however, there is much agreement
             among scientists with regard to areas or habitats that are wetlands. Problems in defining
             wetlands stem from the nature of wetlands themselves, which vary greatly in their characteristics
             and functions. Some wetlands are temporary or transient and some are degraded by dredging and
             filling, thus making the functions of the wetlands difficult to determine. Most definitions of
             wetlands include the following three attributes: saturation or inundation by water at some time
             during the growing season; unique wetland soils called "hydric" soils; and "hydrophitic"
             vegetation which is adapted to or tolerant of saturated soils.

                     Wetlands are some of the most productive natural areas in the world. Irnportant fish and
             wildlife habitat, wetlands are the nursery areas for most of the fish and shellfish used for human
             consumption. These fish and shellfish also depend on wetlands for breeding, spawning, feeding,
             and cover. Migratory birds and waterfowl use wetlands for food, shelter, breeding, and wintering
             grounds. Many other animal species, including many threatened and endangered species, rely on
             wetland habitats.


                     Wetlands are critical to humans as habitat for commercially-important fish and shellfish
             species, and as habitat for hunted waterfowl and fur-bearers. They also provide important
             recreation areas for boaters, hunters, fishers, hikers, photographers, etc. Functionally, wetlands
             are important in helping control flooding and erosion. They also are frequently located between
             water bodies and high ground, thus serving as buffers. Finally, wetlands help improve water
             quality and availability. They purify water by processing nutrients, suspended materials, and
             other pollutants. They help increase water availability by absorbing water in wet seasons and
             gradually releasing it during dry periods.



             Policies


                     ï¿½Water Quality Control Act
                     -Georgia Erosion and Sedimentation Act
                     ï¿½Georgia Environmental Policy Act
                     ï¿½Promulgation of Minimum Standards and Procedures for Protection of Natural
                           Resources, Environment, and Vital Areas of the State Act
                     ï¿½Safe Drinking Water Act




                                                       -227-











              CHAPTER SEVEN                                                       DRAFTNovember 199



              Description


                     Federal, State, and local laws have been passed to protect wetlands. Many development,
              construction, agricultural, and silvicultural activities affect or are affected by wetlands. All
              activities that impact the navigable waters and wetlands of the State require a federal permit from
              the Corps of Engineers, and a certification of consistency with State laws under Section 401 of
              the Clean Water Act. The Savannah District Corps of Engineers is developing standard
              operating procedures for wetland mitigation which "values" wetland restoration and enhancement
              greater than preservation in mitigating situations.

                     The Georgia Water Quality Control Act gives the Environmental Protection Division the
              authority to restore and maintain a reasonable degree of purity in the waters of the State, to
              maintain an adequate supply of such waters, to regulate where needed reasonable usage of State
              waters, and to require reasonable treatment of sewage, industrial wastes, and other wastes prior to
              their discharge into such waters. Implementing Rules of the Act include "wetlands" as "waters of
              the State" to which the regulations are applicable.

                     The Georgia Erosion and Sedimentation Act requires a 25-foot setback for residential,
              commercial, and industrial development. The Georgia Environmental Policy Act calls for an
              environmental effects report when a proposed governmental action may significantly adversely
              affect the quality of the environment. The Safe Drinking Water Act delegated authority to the
              Environmental Protection Division to ensure that the drinking waters of the State are utilized
              prudently to the maximum benefit of the people.

                     The Promulgation of Minimum Standards and Procedures for Protection of Natural
              Resources, Environment, and Vital Areas of the State Act authorizes the Department of Natural
              Resources to develop minimum standards and procedures for the protection of wetlands to be
              used by local governments in developing, preparing, and implementing their comprehensive
              plans. These include land use activities, land development densities, and activities which involve
              alteration of wetlands.



                                                H. Navigational Channels

              Findings


                     Safe navigation of the rivers and estuaries of Georgia's coast are important considerations
              for management, in conjunction with protection of natural resources. Section VI, "Marine
              Related Facilities," and Section III, "Transportation Facilities," provide additional information on
              safe navigating and dredging in association with channel maintenance.


                                                          -228-











              DRAFT November 1996                                         S-PECIAL MANAGEMENTAREAS



              Policies


                      ï¿½Coastal Marshlands Protection Act
                      ï¿½ Shore Protection Act
                      - Erosion and Sedimentation Act
                      ï¿½ Natural Historic Preservation Act



              Descrimion


                      The Coastal Marshlands Protection Act, the Shore Protection Act, and the Georgia
              Erosion and Sedimentation Act require permits for dredging when excavating shipping channels
              from the Atlantic Ocean to inland waters and associated sounds. If wetlands are involved, a
              Section 401 Water Quality Certification is required under the federal Clean Water Act. The
              Historic Preservation Division reviews dredging and excavation actions under Section 106 of the
              National Historic Preservation Act to ensure protection of historic resources. Inland sites
              include, but are not limited to, the Altamaha, Ogeechee, Satifla, Turtle, Brunswick, Savannah,
              and St. Mary's Rivers and their sounds.



                                       1. Beaches, Dunes, and Sand-Sharing System

              Findings


                      Georgia's coast is comprised of barrier islands and marshes. Georgia's marshes
              encompass approximately one-third of the remaining salt marshes on the Atlantic Coast. All of
              Georgia's beaches and dunes are found on the barrier islands. Major elements of the island-
              marsh-tidal system are interrelated: sand beaches and dunes protect the islands from erosion and
              flooding; islands protect the marshes from the force of storms; and marshes provide feeding and
              nursery grounds for aquatic life. The dunes, beaches, and sediment transport provided by the
              rivers of Georgia and neighboring states comprise the "sand-sharing system." This system is
              vitally important for retaining the beaches and barrier islands.

                      Through the Georgia Coastal Management Program, the Coastal Resources Division
              recognizes the need to protect the fragile sand-sharing system, while allowing recreational access
              to the beaches and waterfront areas. This sand-sharing system, however, is evolving over time.
              The impacts of unrestrained development can greatly exaggerate the migration of the barrier
              islands, lead to flooding problems, and reduce the recreational opportunities provided by
              Georgia's beaches. Careful planning and management of the sand-sharing system are essential to
              continued and sustainable use of this resource.



                                                            -229-











               CHAPTER SEVEN                                                          DRAFT November 1996



               Policies


                         Shore Protection Act



               Description

                       The Shore Protection Act limits activities along the shoreline and requires a permit for
               certain activities and structures on the beach. Construction activity in sand dunes is limited to
               temporary structures such as crosswalks, and then by permit from the Coastal Resources
               Division. Structures such as boat basins, docks, marinas, and boat ramps are not allowed in the
               dunes. The Act prohibits operation of any motorized vehicle on or over the dynamic dune fields
               and beaches, except as authorized for emergency vehicles and government vehicles for beach
               maintenance or research. The Act also prohibits storage or parking of sailboats, catamarans, or
               other marine craft in the dynamic dune field.



                                              J. Rivers and Adjacent Wetlands


               Findings


                       There are five major rivers (the St Mary's, Satilla, Altamaha, Ogeechee, and Savannah
               Rivers) and several smaller, tidal rivers in coastal Georgia. Georgia's coastal salt marshes,
               intertidal areas, and tidal water bottoms are the jurisdiction of the Coastal Marshlands Protection
               Act, and comprise approximately 700,000 acres -- about one-third of all of the salt marshes on
               the Atlantic Coast. The wetlands provide many useful functions, including storm surge and flood
               protection, nursery and spawning habitat for marine fish and shellfish, flushing and filtration of
               land-borne contaminants, and migratory wildfowl nesting and feeding areas. They also provide
               recreational fishing and boating activities and scenic vistas.

                       Wetlands and rivers are discussed elsewhere in this chapter, in part G, "Wetlands," of this
               section, and in section IN, "Shorefront Access and Protection Planning." Protection of, and
               sustainable use of, these valuable resources is of paramount importance to the Georgia Coastal
               Management Program.



               Policies


                       ï¿½Georgia Water Quality Control Act
                       ï¿½ Preservation 2000



                                                             -230-











             DRAFT November 1996                                       SPECIA L MA NA GEMEN T A REA S



                     ï¿½River Care 2000
                     ï¿½Georgia Scenic Trails Act
                     ï¿½Georgia Natural Areas Act
                     ï¿½Georgia Scenic Rivers Act
0                    -Georgia Antiquities Act
                     ï¿½Coastal Marshlands Protection Act



             Description


                     Stormwater runoff from agricultural field and impervious surfaces (e.g., roads, rooftops,
             parking lots), commonly empties into wetlands, streams, and embayments. This runoff often
             contains contaminants such as nutrients from fertilizer, oil from cars, and toxics from pesticide
             use. Contaminants are thought to be a significant cause of shellfish bed closures in Buzzards
40           Bay, for example, and elsewhere throughout the country and the world. Section 402 of the Clean
             Water Act specifies requirements for municipalities to develop and implement stormwater
             management plans, and to obtain appropriate National Pollutant Discharge Elimination System
             (NPDES) permits. Savannah, the largest city and urban area in the Georgia coastal area, has a
             stormwater management plan. The Environmental Protection Division developed amendments
0            to the Georgia Water Quality Control Act to provide regulatory guidelines for stormwater runoff
             and discharges. Through the Georgia Coastal Management Program, the Coastal Resources
             Division encourages development of stormwater runoff systems that do not contaminate local
             waters; the Division can provide technical assistance to help in these efforts.

0                    Discharges must meet federal and State water quality standards. The Georgia Water
             Quality Control Act is the State authority that addresses the issues and regulations necessary to
             implement Section 402 of the federal Clean Water Act, the Nation Pollutant Discharge
             Elimination System. State-funded programs such as Preservation 2000, River Care 2000, and
             Heritage 2000 provide funds to acquire and manage lands for conservation and alternative uses.
             The Georgia Scenic Trails Act authorizes the Department of Natural Resources to construct,
             manage, and maintain a system of trails throughout Georgia.

                     The Georgia Natural Areas Act authorizes the Department of Natural Resources to
             identify areas in Georgia which are of unusual ecological sigmficance, and to secure the
             preservation of such areas in an undisturbed state. The purpose of such acquisition is to allow for
             scientific study and education, to serve as an example natural area, and to enrich the quality of
             Georgia's environment. The Act defines natural areas as tracts of land in their natural state to be
             set aside and permanently protected, or managed for the purpose of preserving natural plant or
             animal communities, rare or valuable members of such communities, or any other natural feature
             of significant scientific, educational, geologic, ecological, or scenic value.


                                                          -231-











               CHAPTER SEVEN                                                          DRAFT November 1996


                      The Georgia Scenic Rivers Act defines scenic rivers to mean those which have valuable
               scenic, recreational, or natural characteristics that should be preserved for the benefit and
               enjoyment of present and future generations. The Georgia Antiquities Act protects historic
               resources. Through the Georgia Coastal Management Program, Coastal Resources Division staff
               coordinates efforts with other State agencies and provides additional field staff for monitoring
               and enforcement of State Rules and Regulations.



                                                 K. Shorebird Nesting Areas

               Findings


                      Nesting areas for shorebirds and waterfowl are important considerations for the
               preservation of these species. There are hundreds of species of birds that either reside or migrate
               through coastal Georgia. Some of these birds are endangered or threatened with extinction.
               Others provide a valuable recreational opportunity for hunters and birdwatchers. All are part of
               the biodiversity of the coastal area that provides stability to the coastal ecosystem. Development
               considerations must comply with regulations implementing the Federal Endangered Species Act
               and the Georgia Endangered Wildlife Act. For those species not covered under these laws, it is
               still important to recognize their significance in the coastal ecosystem during consideration of
               any development activities.



               Policies


                      ï¿½ Shore Protection Act
                      ï¿½ The Coastal Marshlands Protection Act
                      ï¿½ Revocable License Program
                      ï¿½ Endangered Wildlife Act



               Description

                      The Coastal Marshlands Protection Act recognizes coastal marshlands as important
               habitat and protects these marshlands by limiting and requiring permits for activities and
               structures in marsh areas. In establishing protections for sand dunes, beaches, sandbars, and
               shoals, the Shore Protection Act contributes towards the protection of Shorebird Nesting Areas.
               In addition, projects permitted under authority of the Coastal Marshlands Protection Act, the
               Shore Protection Act, and the Revocable License Program require full compliance with the
               protection of endangered or protected species.


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             DRAFT November 1996                                        SPECIA L MA NA GEMEN T A REA S


                     The Endangered Wildlife Act provides for identification, inventory, and protection of
             animal species that are rare, unusual, or in danger of extinction. The protection offered to these
             species is limited to those that are found on public lands of the State. It is a misdemeanor to
             violate the rules prohibiting capture, killing, or selling of protected species, and protection of
             protected species on public lands. Some important Shorebird Nesting Areas are protected as
             natural areas. Refer to Section H, "Areas of Preservation and. Restoration."



                                                 L. Ocean Management


             Findings


                     The Atlantic Ocean is a substantial resource for Georgia. It provides food supplies, a
             means of transportation, historic sites and relics, valuable live bottom habitat, and potential sites
             for waste disposal and phosphate mining. As is the case on land, not all uses of ocean resources
             are mutually compatible. Further, some ocean uses can have impacts on nearshore and land-
             based resources. Mining and oil and gas activities, for example, can have severe and wide-
             reaching environmental impacts.

                     Although minerals are abundant in the marshes and estuaries, only phosphates have been
             identified as resources with significant economic potential. Some dredging does occur for sand,
             gravel, and shell. The phosphate deposits of major economic. potential lie in upper Miocene
             strata in Wilmington, Little Tybee, Cabbage, and Wassaw Islands. There are also indications of
             minable concentrations approximately 10 miles offshore. At least 800 tons of 100 percent bone
             phosphate of lime could be recovered at a profit using 1969 technology levels. Possible adverse
             impacts of phosphate mining include the destruction of large areas of marsh-estuarine habitat,
             increased biological oxygen demand from sediment disturbance, hydrologic changes and patterns
             of sediment disruptions, and accidental rupture of the impermeable layer capping the aquifer and
             the consequent saltwater intrusion. Indirect impact on industries such as fisheries, mariculture,
             recreation, and tourism could also occur.

                     Other ocean management issues such as transportation of hazardous materials and takings
             of marine marnmals can adversely affect habitat and biological populations. Regional
             management of fisheries, through the South Atlantic Fisheries Council, is a well-recognized.
             Other resources, however, have less defined management programs and are, therefore, more
             vulnerable to exploitation. The State of Georgia's jurisdiction over the ocean extends three
             nautical miles beyond the State's shoreline. Georgia can create laws and rules to regulate
             activities within this boundary. Beyond three miles, however, Georgia's direct authorities are
             more limited. Certain activities that occur beyond the three-mile limit that impact ocean and land
             resources may be subject to State law through federal consistency. Provisions for federal
             consistency are described in Chapter Eight.

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               CHAPTER SEVEN                                                          DRAFT November 1996



               Policies


                       ï¿½Georgia Oil and Gas and Deep Drilling Act
                       ï¿½Georgia Wildflower Preservation Act
                       ï¿½Georgia Wildlife Protection Act
                       ï¿½Shore Protection Act
                       ï¿½Coastal Marshlands Protection Act
                       ï¿½Erosion and Sedimentation Act



               Description


                       Georgia's Oil -and Gas and Deep Drilling Act regulates oil and gas drilling activities to
               provide protection of underground freshwater supplies and certain "environmentally sensitive"
               areas. Implemented by the Board of Natural Resources, the Act establishes requirements for
               drilling, casing, and plugging of wells for oil, gas, or mineral exploration.

                       The Georgia Endangered Wildlife Act and Wildflower Protection Act provide
               exemptions for construction activities and are limited to enforcement on public lands only.
               However, all State-issued permits must also ensure that the requirements of federal laws such as
               the Federal Endangered Species Act and the Marine Mammals Protection Act are met.

                       The Shore Protection Act and the Coastal Marshlands Protection Act regulate activities
               which may affect the sand-sharing system, or coastal marshlands. Any near-shore ocean activity
               may be subject to these Acts. In addition, activities outside State waters that may impact
               Georgia's valuable sand-sharing system and marshland resources must comply with these acts
               under the federal consistency provisions.

                       The Erosion and Sedimentation Act requires local governments to adopt a comprehensive
               ordinance establishing procedures governing land-disturbing activities. The Act also requires
               permits for specified land-disturbing activities such as the construction or modification of
               manufacturing facilities, construction activities, certain activities associated with transportation
               facilities, and activities on marsh hammocks. Exemptions include: surface mining, granite
               quarrying, and minor land-disturbing activities such as home gardening, construction of single-
               family homes built or contracted by the homeowner for his or her own occupancy, agricultural
               practices, forestry land management practices, dairy operations, livestock and poultry
               management practices, construction of farm buildings, Department of Transportation
               construction and maintenance projects, and others.





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              DRAFT November 1996                                          SPECIA L MA NA GEMEN T A REA S



                                                      SECTION IV:
                       SHOREFRONT ACCESS AND PROTECTION PLANNING



                      A comprehensive coastal management plan must provide a definition of the term "beach"
              and a planning process for the protection of, and access to, public beaches and other public
              coastal areas of environmental, recreational, historical, aesthetic, ecological or cultural value.
              Georgia has defined "beach" in the Shore Protection Act (O.C.G.A. 12-5-230, et seq.) as "a zone
0             of unconsolidated material that extends landward from the ordinary low-water mark to the line of
              perinanent vegetation." Management consideration of public beaches and other public areas
              within the purview of the Georgia Coastal Management Program provides a planning framework
              for shorefront access and protection.

                      The coast of Georgia extends about 100 linear miles ftom the mouth of the St. Mary's
0             River in the South to the mouth of the Savannah River in the North. The Savannah, Ogeechee,
              Altamaha, Satilla, and St. Mary's Rivers, as well as several smaller tidal rivers, empty into the
              Atlantic Ocean along Georgia's coast. The coast is characterized by an extensive system of salt
              marshes, tidal estuaries, and sounds that separate a series of eight major and several smaller
              barrier islands from the mainland. The "shoreline" of Georgia, therefore, is estimated to be more
0             than 2,344 miles long when including all tidally-influenced shores. Unlike many other areas of
              the East Coast, approximately two-thirds of Georgia's islands are parks, refuges, or preserves.
              Georgia's coastal marshes comprise approximately one-third of the remaining salt marshes on the
              Atlantic Coast. All major elements of the island-marsh-tidal system are interrelated: sand
              beaches and dunes protect the islands from erosion and flooding; the islands protect the marshes
0             from the force of storms; and the marshes provide feeding and nursery grounds for aquatic life.


                                                A. Georgia's Barrier Islands

0                     All of Georgia's beaches are located on the barrier islands, and most are ocean-facing.
              Georgia's 13 barrier islands comprise about 76,300 acres and include approximately 88 miles of
              beach. The largest island, Cumberland Island, has approximately 16.9 miles of beach on its
              15,100 acres. Ossabaw, Sapelo, St. Simons islands are the only other islands that are larger than
              10,000 acres.
0
                      Of the 88 miles of beaches, approximately 19 miles are provided with easy public access.
              All of the beaches in Georgia belong to the citizens of Georgia and are open to the public to the
              ordinary high water mark. Access to most of Georgia's beaches is difficult because they are
              located on islands not connected to the mainland by roads. While all of Georgia's beaches are
              accessible by boat, access is limited to non-motorized boats on Tybee, Sea, St. Simons, and


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                    CHAPTER SEVEN                                                                                DRAFT November 1996


                    Jekyll Islands. Motor vehicle traffic is prohibited on all of Georgia's beaches, except by permit
                    from the Department of Natural Resources.

                                                    TABLE 7.3: Inventory of Georgia's Barrier Islands


                                                                                                                                          .... . .... ......
Island		Approximate Acreage		Approximate Miles of Beach
Tybee			1,500				3.4
Wassaw 		2,500				3.0
Ossabaw		11,800			905
St Catherines	7,200				11.0
Blackbeard		3,900				7.5
Sapelo		10,900			5.6
Little St Simons	2,300				6.5
Sea			1,200				3.8
St. Simons		12,300			3.8
Jekyll		4,400				8.0
Little Cumberland	15,100			16.9






































                                                                                                                                            . ........ .




                    Tybee Island

                             The northernmost of Georgia's barrier islands, Tybee Island is located within a short drive
                    from Savannah, the largest city in Georgia's coastal area. Tybee Island's approximately 3.4 miles
                    of beach are easily accessible by dune crosswalk structures and paths. There are three parking
                    areas for beach access that can accommodate approximately 1500 cars. A fee of $5.00/day is
                    charged between St. Patrick's Day (March 17) and Labor Day (or longer if warm weather
                    prevails). There are also approximately 1500 metered parking spaces on streets in close
                    proximity to the beaches. The combined revenue from the parking fees amounted to
                    approximately $44,000 in 1994. The revenue is collected and used by the city of Tybee Island
                                                                                                                                                    3
                    for law enforcement, lifeguards, beach maintenance, etc. There is one fishing pier with parking.
                    Additionally, there are several private parking lots. There are three public dune crosswalk
                    structures on the north end of the Island, eight public crossovers at the ends of streets that



                             3 There are three fishing piers in coastal Georgia, none of which is directly on the ocean. The slope of the
                    beach and ocean floor is so shallow that a fishing pier on the ocean would have to be very long to reach deep water.
                    The piers are located on sounds or rivers, in deep water areas that provide good fishing potential.

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 










              DRAFT November 1996                                         S,PECIA L MA NA GEMEN T A REA S


              terminate at the dunes, as well as many privately-owned dune. crossovers. The beach
              renourishment in 1995 included artificial dune construction, with re-vegetation of the artificial
              dunes and construction of three additional public dune crossover structures.


              Little Tybee Island

                     State-owned and managed as a Heritage Preserve, Little Tybee is accessible only by boat
              and open to the public for day-use only.



              Wassaw Island


                     Federally-owned and managed as a Wildlife Management Area, Wassaw is accessible
              only by boat. Use of the island is limited to tours conducted by the U.S. Fish and Wildlife
              Service.




              St. Catherine's Island


                     Privately-owned and managed by the New York Zoological Society as a wildlife preserve,
              St. Catherine's is accessible only by boat and is not open to the public. Several exotic species,
              such as Grevy's Zebras, Palm Cockatoos, and Ring-Tailed Lemur are raised on the island for
              subsequent release back into the wild.



              Ossabaw Island


                     State-owned and managed as a Heritage Preserve and Wildlife Management Area,
              Ossabaw is accessible only by boat and is restricted to hunting only.



              Blackbeard Island


                     Federally-owned and managed as a Wildlife Management Area, Blackbeard is accessible
              only by boat. Public access is controlled by the U.S. Fish and Wildlife Service.







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              CHAPTER SEVEN                                                        DRAFT November 1996


              SEelo Island

                     State-owned and managed in part as a Wildlife Management Area, Sapelo is accessible
              only by boat. Use of the Wildlife Management Area is restricted to hunting and primitive
              camping. A "pioneer campsite" with limited facilities is available, with restrooms and shower
              facilities. The Georgia Department of Natural Resources operates a scheduled ferry service to
              the island. There are a limited number of private residences and tourist-related facilities on the
              island. The Sapelo Island National Estuarine Research Reserve (SE*4ERR), operated by the
              Georgia Department of Natural Resources in conjunction with the National Oceanic and
              Atmospheric Administration, provides educational and research opportunities on the island.
              SFqERR also includes upland, marsh, and ocean areas in close proximity to Sapelo Island.



              Wolf Island


                     Managed by the U.S. Fish and Wildlife Service as a Nature Preserve, Wolf Island is
              accessible only by boat. There is no beach on the island.



              Little St. Simons Island


                     Privately-owned, Little St. Simon is accessible only by boat. Tours and lodging are
              available by reservation. Lodging is limited to small bed-and-breakfast facilities.



              Sea Island


                     A privately-owned residential island, Sea Island is accessible by automobile via a
              causeway from St. Simons Island, and by boat. There is no land-side access to public beaches,
              except the areas associated with the Cloister Hotel complex, available to guests of the hotel only.
              There are no public parking areas on the island, and no access to beaches from the public
              thoroughfares. Although the beaches are public, they can be accessed by non-motorized boat
              only. Sea Island (as well as Tybee, Jekyll and St. Simons Islands) has a boating safety zone that
              prohibits motorized boating within 1,000 feet of the shore, limiting beach access to sailboats,
              kayaks, surfboards and other non-motorized water craft. The southern end of the island is most
              easily accessible by boat from East Beach on St. Simons Island.







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              DRAFT November 1996                                          SPECIA L MA NA GEMEN T A REA S



              St. Simons Island


                     With approximately 14,000 permanent residents, St. Simons Island has the largest human
              population of Georgia's barrier islands. The island is accessible by causeway from the mainland,
              and by boat or air. The public beaches on St. Simons Island are easily accessible. There are 24
              specific beach access points and nine overlooks. Nineteen of the access points are improved with
              a county-provided crosswalk. Seventeen access points have a total of 677 public parking spaces,
              five of which are reserved as handicapped parking. The largest parking lots are located at East
              Beach and Massengale Park, providing direct access to the beaches. There is free public parking
              near the fishing pier that is within easy walking distance of beaches. There are four areas
              equipped with public restrooms: Neptune Park (near the Pier), the Lighthouse, Massengale Park,
              and First Street (near the old Coast Guard Station). The facilities at Massengale Park include
              picnic tables and barbecue grills. The facilities at East Beach include a fenced and lockable
              storage site for non-motorized water craft, and a unique crosswalk structure that allows boats to
              be hauled across the dunes with minimum impact. Bike trails throughout the island connect to
              the beaches.



              Jekyll Island

                     Jekyll Island is state-owned and operated by the Jekyl.1 Island Authority. There is a $2.00
              per day parking fee that is collected upon arrival to the island. Access to the island is via a
              causeway from the mainland. In addition to golf courses, hotels, and convention facilities, Jekyll
              Island offers excellent public access to the approximately eight miles of beaches. There are 15
              beach access locations associated with hotels on the island, all of which provide dune crosswalk
              structures and parking facilities. There are beach access provisions on 13 streets in residential
              areas of the island, all of which have paths to the beach and three of which have crosswalk
              structures. There are nine public beach areas that provide over 2,500 parking spaces and
              crosswalk structures. Four of these areas provide access facilities to accommodate handicapped
              individuals. There are also three picnic areas, with 185 parking spaces and crosswalk structures
              to provide access to the beach. One of the picnic areas provides facilities to accommodate the
              handicapped. There is a full-featured campground for tents and recreational vehicles that is
              within walking distance to the beach and a fishing pier.



              Little Cumberland Island


                      Little Cumberland is privately-owned and accessible only by boat. There is limited
              access to the beaches, and public access to the rest of the island is prohibited.



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               CHAPTER SEVEN                                                       DRAFTNovember 1996



               Cumberland Island


                      Federally-owned and managed by the National Park Service as a National Seashore,
               Cumberland is accessible only by boat. A scheduled ferry service operates daily, with a limit of
               300 persons allowed on the island each day. There are a few private residences, and a limited
               number of primitive camp sites on the island which must be reserved in advance. Cumberland
               Island hosts a community of feral ponies.



                                  B. Access to Non-Beach Shorefront and Marsh Areas


                      In addition to the 88 miles of beaches, there are approximately 2,200 miles of shorefront
               on coastal Georgia's rivers and marshes. Access to these areas is provided in each of the eleven
               coastal counties by private and public roads, boat ramps, and hiking trails. The waterways are
               public property and easily accessible by boat for recreational fishing, birdwatching, photography,
               and other activities. Several private entrepreneurs offer guide service for nature observation,
               fishing, and hunting. Private hunting and fishing clubs are found throughout the region.

                      The Parks, Recreation and Historic Sites Division of the Department of Natural
               Resources offers canoe trips on the Altamaha and Satilla Rivers, and several private companies
               offer kayak and canoe trips on the rivers and marsh areas throughout coastal Georgia. Several
               State and federal parks are located adjacent to marshes or rivers, and offer short hiking trails. A
               few even provide nature guidebooks or trail markers to help identify plant and animal species
               that might be encountered, as well as historical and cultural information about the area. Scenic
               overlooks and historical markers alongside roadways are found throughout coastal Georgia.



                                      C. Planning for Beach and Shorefront Access

                      There is a variety of public and private beachfront property in coastal Georgia. Access to
               the beaches is often limited to water craft only. Tybee Island, Sea Island, St. Simons Island, and
               Jekyll Island have a boating safety zone that prohibits the use of motorized craft within 1000 feet
               of the beach, thereby further limiting beach access to non-motorized water craft. This is not a
               serious limitation on Tybee Island, St. Simons Island, or Jekyll Island, but is a serious restriction
               to the use of Sea Island's beaches.


                      The Georgia Planning Act (O.C.G.A. 45-12-200, et seq.) requires each local government
               to develop a comprehensive plan to guide growth and development as a condition to receive State
               funding assistance. On the federal level, the Intermodal Surface Transportation Efficiency Act
               (ISTEA) of 1991 mandates a "continuing, comprehensive, and cooperative" transportation


                                                           -240-



                                                                                                                          0











              DRAFT November 1996                                         SPECIA L MA NA GEMEN T A REA S


              planning process for the state and urbanized areas. This planning effort must include alternative
              modes of transportation such as bicycling and walking. The Act provides a link between
              community transportation planning and planning for local recreation trails.

                     Under the Georgia Planning Act, minimum planning standards were developed for the
              preparation, adoption, and implementation of local comprehensive plans. The planning standards
              constitute a three-step planning process: inventory and assessment; needs and goals; and
              implementation and strategy. Assistance for preparing the recreational component of local
              comprehensive plans is provided by the Georgia Recreation Planning Manual -- A manualfor
              Georgia Communities prepared by the Parks, Recreation and Historic Sites Division. Technical
              assistance is also available from the Recreational Technical Assistance Office at the University
              of Georgia's Institute of Community and Area Development Center, the Regional Development
              Centers, and various other civic, student, and citizen groups.

                     As part of the development of local comprehensive plans, the assessment, need, and
              development of coastal access is addressed by local governments in the coastal area. There are
              six counties located directly on the coast. Only two of the coastal counties, Chatham and Glynn,
              have beaches that are easily accessible by automobile or trail; the beach on Tybee Island is
              located in Chatham County, and the beaches of St. Simons Island and Jekyll Island are located in
              Glynn County. As a State-owned island, ordinances governing Jekyll Island are developed and
              implemented by the Jekyll Island Authority. Sea Island is also located in Glynn County, but its
              beaches are not easily accessible. All of the other beaches in Georgia are located on islands that
              are not easily accessible and are not addressed in local comprehensive management plans.


                                 D. The Role of Georgia's Coastal Management Program

                     Through the Georgia Coastal Management Program,the Coastal Resources Division
              seeks to ensure public access to beaches and other areas of the ocean front, and to protect and
              maintain those areas as a sustainable resource. Not a land use doctrine, the Coastal Management
              Program provides a management framework through which local land use decisions can be
              coordinated with all interested parties. Georgia's Coastal Management Program facilitates beach
              and shorefront access through the following activities.











                                                            -241-











               CHAPTER SEVEN                                                          DRAFT November 1996



               Publicize Public Access


                      The public affairs staff at the Coastal Resources Division publicizes and promotes public
               access to Georgia's beaches through newsletters, public speaking engagements, participation in
               community festivals, and other outreach venues and media.



               Provide Technical Assistance


                      The Coastal Resources Division, Habitat Management Program provides technical
               assistance for permitted activities within Georgia's coastal marshlands and shore sand-sharing
               system. Experts in the regulatory requirements of the Coastal Marshlands Protection Act and the
               Shore Protection Act, the staff provides site analyses and technical advice for construction of
               piers, crosswalks, fences, etc., within the jurisdiction of these laws.


               Acquire Propegy for Coastal Access

                      Most public recreational facilities in the coastal area (as throughout the State) are
               financed in full or in part by the U.S. Department of the Interior, National Park Service. Permits
               for parks, tourist-oriented or commercial recreation facilities within the jurisdiction of the
               Coastal Marshlands Protection Act and the Shore Protection Act are administered by the
               Department of Natural Resources Coastal Resources Division.

                      Several legal authorities allow the State of Georgia to acquire property for various
               reasons, including recreation. The Georgia Scenic Trails Act (O.C.G.A. 12-3-110) provides
               authority to construct, manage, and maintain trails throughout Georgia, including beach access
               trails. The Nongame Wildlife Conservation and Wildlife Habitat Acquisitions Fund is a program
               funded by voluntary tax deductions to acquire wildlife habitat and to support educational
               activities about wildlife. The Uniform Conservation Easements Act provides a mechanism for
               landowners to enter into agreements with charitable organizations or government agencies to
               develop easements for portions of their property for public access, conservation, recreational, or
               other purposes, in exchange for tax benefits. The Department of Natural Resources also has
               broad authority to acquire property for the citizens of Georgia for recreational and conservation
               purposes. Another mechanism to acquire properties are Land Trusts, which are charitable
               organizations established to acquire and manage properties for conservation or similar purposes.
               These represent just a few of the legal mechanisms for acquiring property for public access to
               coastal areas.






                                                             -242-











              DRAFT November 1996                                        OPECIA L MA NA GEMEN T A REA S


                     The Georgia Greenways Council is a coalition of trail organizations and local, State, and
              federal agencies involved with trail development. The Council promotes the protection of linear
              corridors and coordinates the development of trails throughout the State. A proposed Coastal
              Water Trail, the aquatic equivalent of the Appalachian trail, will run along Georgia's coast from
              the Savannah River to the St. Mary's River. This trail will provide routing for sea-kayaks and
              other small craft, and will include access trails, boat launching sites, and camping opportunities.
              Since most of Georgia's beaches are accessible only by water and some are restricted to non-
              powered watercraft, a sea-kayak trail will provide increased accessibility.

0                    The Georgia Department of Natural Resources, Wildlife Resources Division is
              empowered to acquire land areas and to enter into agreements with landowners for purposes of
              managing wildlife species and establishing specific sanctuaries, wildlife management areas, and
              public fishing areas. The Wildlife Resources Division administers a management plan for each
              area. The management plan establishes short- and long-term uses for each area, and provides
              guidelines for protection and use of the area. The areas owned and/or managed by the Wildlife
              Resources Division are important for conservation of wildlife and also for recreational hunting
              and fishing opportunities. Wildlife management areas within the salt marsh and shore. areas
              receive the additional protection provided by the Coastal Marshlands Protection Act and the
              Shore Protection Act.



              Encourage Beach Access on County and Municipal Properties

                     Through the Georgia Coastal Management Program, the Coastal Resources Division
              works with municipal and county planning agencies and conumssions to promote and enhance
              coastal access. In addition to coordinated permit activities, the Coastal Resources Division
              provides technical expertise for design considerations that maximize dune protection while
              enhancing beach access.



              Develop a Model Coastal Access Ordinance


                     In 1994, the Georgia Department of Community Affairs, in coordination with the U.S.
              Environmental Protection Agency and the Georgia Department of Natural Resources, developed
0             a Model Wetland Protection Ordinance for use and adoption by local governments. The model
              provides a "cookbook approach" for adoption of a wetlands protection ordinance that can be
              amended by local governments. Through the Coastal Management Program, the Coastal
              Resources Division provides technical assistance to develop similar model ordinances for coastal
              access that can be used by local governments when developing local zoning ordinances.



                                                           -243-











                CHAPTER SEVEN                                                               DRAFT November 1996


                                                            SECTION V:
                    SHORELINE EROSION AND HAZARD MITIGATION PLANNING



                        Shorelines naturally move and shift due to the constant energy forces from water and
                wind, as well as the deposit of materials along the land/water interface. These accretion and
                erosion cycles can be affected by both natural events and human activities. In turn, the cycles
                affect structures, property values, flood hazards, nesting areas, and other social and ecological
                factors.


                        The total length of coastal Georgia's shoreline has been estimated at 2,344 miles, which
                ranks eleventh of the 36 coastal states and territories. Georgia's ocean-front beaches constitute
                approximately 88 linear miles of the total shoreline. Georgia's beaches are located on the
                seaward side of barrier islands, of which only four are readily accessible by automobile (Tybee
                Island, St. Simons Island, Sea Island, and Jekyll Island). These four barrier islands contain about
                19 miles of ocean beaches. Due to their automobile accessibility, these four barrier islands are
                also Georgia's only islands where development has substantially impacted the beach's natural
                sand-sharing system and dynamic sand dune fields. Coastal Georgia's less accessible barrier
                islands have retained their dynamic sand dune fields and natural cycle of beach erosion and
                accretion.


                        The majority of coastal Georgia's 2,344 total miles of shoreline is contained within the
                hundreds of salt water rivers and creeks that intertwine the nearly 380,000 acres of salt marsh
                lying between the barrier islands and the mainland. Some fairly severe erosion in tidal rivers has
                been observed, along the Ogeechee River at seven-mile bend and along the Crooked River at
                Elliott's Bluff, for example. Erosion and sedimentation control is a primary consideration in the
                evaluation of all permit applications for activities within the jurisdiction of the Coastal
                Marshlands Protection Act.


                        Shoreline erosion of beaches in coastal Georgia is of paramount concern on only about 19
                miles out of the total 88 miles of beach. Jekyll Island is owned by the State of Georgia and
                operated by the Jekyll Island Authority as a resort/recreational park. Jekyll Island has
                approximately eight miles of beach that has never undergone artificial renourishment. St.
                Simons Island is predominately used for private residences and tourist-related businesses. Public
                access to St. Simons' approximately 3.8 miles of beach is maintained by the Glynn County
                government. Shore stabilization structures are prevalent on St. Simons Island's beach, which has
                never been artificially renourished.

                        Sea Island is privately-owned and is operated by the Sea Island Company as a residential
                resort community. Public land access to Sea Island beaches is restricted. Sea Island has about


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              DRAFTNovember 1996                                            SPECIA L MA NA GEMEN T A REA S


              4.7 miles of beach which underwent privately-funded renourishment projects in 1986 and 1990.
              Tybee Island is privately-owned and is the most densely-developed barrier island in Georgia.
              Residential and commercial development dominate Tybee Island. Public access to Tybee Island's
              beach is managed by the City of Tybee Island. Tybee Island's 3.4 miles of beach was artificially
              renourished in 1976, 1987, 1993, and 1995.

                       The primary State management authority for shoreline stabilization and beach erosion
              control is embodied in the Shore Protection Act. The Georgia Coastal Resources Division,
              through the Shore Protection Committee, issues permits for any shoreline engineering activity or
              land alteration on beaches, sand dunes, bars, or submerged shoreline lands. The Shore Protection
              Act contains provisions for two distinct alternatives in addressing shoreline erosion. The first
              alternative, erosion control activities, includes beach restoration and renourishment, artificial
              dune construction, and construction and maintenance of groins and jetties. The second
              alternative, shoreline stabilization, includes construction of revetments.


                       In addition to shoreline erosion, natural processes such as storms and hurricanes can
              result in hazards to people and property through resulting wind, waves, and rising and falling
              water. There are two broad approaches to reducing damage from storms and hurricanes:
              engineering solutions, and land-use planning. Engineering solutions may be directed at the
              environment (e.g., jetties, sea walls) or at structures (e.g., stilts, break-away walls). Many
              engineering modifications of the environment, however, can result in problems elsewhere on the
              coastline. Thus, the Georgia Shore Protection Act limits structures on Georgia's beaches. Land-
              use planning recognizes that certain areas (e.g., inlets, beaches) are more hazardous than others
              (e.g., areas protected by dunes and vegetation). Through policies such as the Shore Protection
              Act, which recognizes that coastal sand dunes, beaches, sandbars, and shoals help protect "real
              and personal property and natural resources," and the Marsh "Protection Act, which recognizes
              that marshes "provide a great buffer against flooding and erosion," Georgia addresses coastal
              hazards. While land-use planning is the responsibility of local governments, through the Georgia
              Coastal Management Program the Coastal Resources Division can assist with hazard mitigation
              planning by providing technical assistance and pass-through funding.



              Policies


                       -Georgia Erosion and Sedimentation Act
                       -Shore Protection Act
                       -Coastal Marshlands Protection Act
                       -Revocable License Program
                       -Georgia Endangered Wildlife Act
                       -Georgia Water Quality Control Act


                                                                245-











               CHAPTER SEVEN                                                           DRAFT November 1996



               Description


                       The Coastal Resources Division does not initiate erosion control activities. Permit
               applications for erosion control activities are made to the Division by the governing entity or
               private owner of the barrier island on which the activity is proposed. Beach restoration and
               renourishment techniques are preferable to shoreline stabilization activities since stabilization
               structures separate land from sea by maintaining the shoreline at its present position. Permits are
               granted for shoreline stabilization structures when the applicant has demonstrated that loss of
               property due to erosion is inevitable and that no reasonable or viable alternative exists.

                       Erosion control activities include beach restoration and renourishment, sand dune
               construction, and the construction and maintenance of groins and jetties. Local government units
               and private owners of barrier islands are encouraged to develop comprehensive beach erosion
               control programs that include continuous monitoring of erosion and accretion rates. Permittees
               of erosion control activities are required to conduct monitoring of the project's effectiveness and
               possible adverse impacts to adjacent properties. Permit applications must include beach
               monitoring (profile) data. Permittees of erosion control activities must also post a cash forfeiture
               bond payable to the State to cover the expenses of removal or modification of structures deemed
               responsible for adverse impacts to adjacent properties.

                       The State of Georgia has its own list of protected animals and plants that State-issued
               permits must address. In addition to the State's protected species there is a federal list of
               threatened and endangered species, many of which are included on the State's lists. Just like
               individual citizens, the State of Georgia must obey federal law. Therefore, when the State of
               Georgia issues permits, it holds the responsibility of ensuring that federal laws are not violated by
               the permitted activity. To this effect, State-issued permits must include provisions, if applicable,
               to protect endangered species. Additional federal laws such as the Migratory Bird Act, the
               Marine Mammal Protection Act, and Standard Manatee Conditions also apply if applicable
               protected species may be adversely impacted by the project.

                       The Coastal Marshlands Protection Act, the Shore Protection Act, and the Revocable
               License Program consider impacts on shoreline areas when issuing permits. Development is
               allowed if in the public interest. Local governments are responsible for zoning decisions for their
               communities. Residential, commercial, and industrial development in shoreline areas are subject
               to the 25-foot setback required of the Georgia Erosion and Sedimentation Act.

                       The Georgia Water Quality Control Act gives the Environmental Protection Division the
               authority to restore and maintain a reasonable degree of purity in the waters of the State, to
               maintain an adequate supply of such waters, to regulate where needed reasonable usage of the
               State waters, and to require reasonable treatment of sewage, industrial wastes, and other wastes
               prior to their discharge into such waters.


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               CHAPTER EIGHT:
0              FEDERAL CONSISTENCY



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                                 f


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              DRAFT November 1996                                                     FEDERAL CONSISTENCY




                      The federal Coastal Zone Management Act requires that federal actions within or outside
              the coastal zone that affect any land or water use or natural resource of the coastal zone shall be
              carried out in a manner which is consistent with the enforceable policies of approved state coastal
              management programs. This concept is known as "federal consistency," and is a benefit
              available only to those states that have a federally-approved coastal management program.

                      The benefits to Georgia of the consistency requirement include improved coordination
              and cooperation with federal agencies, effective application of State laws for federal activities,
              and better resource protection. Federal consistency is a powerful tool that Georgia can use to
              review most federal actions affecting the coastal area. Based on effects rather than geographic
              boundaries, there are no categorical exclusions from the consistency requirement. Maximum
              benefit to Georgia requires that the State pay regular attention to proposed federal actions,
              develop and implement adequate consistency procedures, and notify federal agencies of the
              State's assertion of consistency.

                      To maximize the consistency benefits, the regulations, implementing the Coastal Zone
              Management Act require that a single state agency, usually the lead coastal management agency,
              perform the consistency functions. As lead agency for the Georgia Coastal Management
              Program, the Coastal Resources Division performs the consistency functions for the State of
              Georgia. This provides uniform application of Georgia's coastal management policies, efficient
              coordination of all coastal management requirements, comprehensive coastal management
              review, and a single point of contact for federal agencies to discuss consistency issues.

0                     Since the Georgia Coastal Management Program is a networked program that relies on
              other State agencies to implement the statutory authorities with which each is charged, there are
              special considerations for the federal consistency process. Consistency concurrence by the State
              for a federal activity can be achieved in either of two ways -- by issuance of a State permit(s) or
              by issuance of a consistency decision from the Coastal Resources Division for those activities
0             that do not require a State permit. The Coastal Resources Division is the coordinating agency in
              both cases, i.e., the Division serves as the single point of contact to notify the federal agencies
              that all necessary State permits have (or have not) been issued and that the proposed activity is
              (or is not) consistent with the State laws that comprise the policies of the Georgia Coastal
              Management Program.
0                     Procedures for federal consistency review are defined in the following Section. Section H
              describes the appeals process and conflict resolution procedures. Section HI lists the federal
              actions reasonably likely to affect Georgia's coastal area and therefore subject to federal
              consistency.



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               CHAPTER EIGHT                                                          DRAFTNovember 1996



                                                         SECTION 1:
                                   FEDERAL CONSISTENCY PROCEDURES


                       The following types of federal actions must be consistent with the policies of the Georgia
               Coastal Management Program, as defined in Chapter Five of this document. Program policies
               are comprised of Georgia State law.

                       (1)    Direct federal activities -- activities and development projects performed by a
                              federal agency, or a contractor for the benefit of a federal agency;
                       (2)    Federal license or permit activities -- activities not performed by a federal agency,
                              but requiring federal permits or licenses or other forms of federal approval;
                       (3)    Plans for the exploration or development of, or production from, any area which
                              has been leased under the Outer Continental Shelf Lands Act; and
                       (4)    Federal financial assistance to state agencies and local governments.

                       The Georgia Coastal Management Program is a comprehensive networked program with
               direct authority over certain activities and permits. The Program also relies on other State
               agencies to administer certain management authorities to help implement the full range of
               policies necessary for comprehensive coastal management. As designated lead agency for the
               Georgia Coastal Management Program, it is the role of the Coastal Resources Division to
               coordinate the various agencies on coastal matters, including federal consistency procedures.
               Each of the State agencies networked in the Georgia Coastal Management Program manages its
               own responsibilities, issues its own permits, administers its own federal grant monies, etc. One
               role of the Coastal Resources Division, as required in the federal Coastal Zone Management Act
               and designated in the Georgia Coastal Management Act, is to conduct federal consistency
               reviews. This is accomplished by coordination between the State agencies. All of the State
               agencies involved with the Coastal Management Program are linked by Memoranda of
               Agreement (MOAs). These MOAs require notification of activities within the coastal area or
               that affect the coastal area.


                       In its simplest form, the consistency process involves two stages: (1) a consistency
               determination or certification is made by a federal agency or federal permit applicant over a
               proposed activity that affects the coastal area, and; (2) the Coastal Resources Division makes a
               consistency decision, i.e., concurs with or objects to the consistency determination or
               certification of the federal agency or permit applicant. The Division's role is to ensure that each
               relevant State permit is issued before the corresponding federal permit is issued. The Coastal
               Resources Division does not usurp the authority of any other State agency -- the Division merely
               provides the necessary coordination to review federal activities in the coastal area. Agencies
               requiring guidance on procedures regarding consistency review under the Georgia Coastal
               Management Program should contact the Coastal Resources Division.


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              DRAFTNovember 1996                                                     FEDERAL CONSISTENCY


                                  A. Direct Federal Activities and Development Projects


              Summ


                      (1)     The federal agency proposing an activity or development project within or outside
                              Georgia's defined eleven-county coastal area determines if the proposed activity is
                              reasonably likely to affect any land use, water use, or natural resource of the
                              coastal area.
                      (2)     If effects are reasonably likely, the federal agency submits a consistency
                              determination to the Coastal Resources Division at least 90 days before final
                              approval of the federal activity or project.
                      (3)     The Coastal Resources Division shall provide public notice of the federal agency's
                              consistency determination and consider public comments when making its
                              consistency decision.
                      (4)     The Coastal Resources Division has 45 days (plus appropriate extensions, if
                              granted) to agree or disagree with the federal agency's consistency determination.
                      (5)     Georgia waives its right to consistency if the Coastal Resources Division does not
                              meet its timeframes.
                      (6)     In cases where a State permit (or permits) is (are) required, issuance of the State
                              permit(s) constitutes agreement. All relevant State permits must be issued before
                              the federal agency can proceed.
                      (7)     If there is a dispute between the federal agency and the Coastal Resources
                              Division over the consistency decision, either party may seek mediation from the
                              Secretary of Commerce or informal negotiation from the National Oceanic and
                              Atmospheric Administration, Office of Ocean and Coastal Resources
                              Management.

              Description

                       Each federal agency activity within or outside the coastal zone that affects any land or
              water use or natural resource of the coastal zone (including development projects) shall be
              carried out in a manner that is consistent to the maximum extent practicable with the enforceable
              policies of approved state management programs. 16 U.S.C. ï¿½ 1456(c). The requirements for
              direct federal activities are found at 16 U.S.C. ï¿½ 1456(c) and 15 C.F.R. part 930, subpart C.
              Direct federal agency activities are any functions performed by or on behalf of a federal agency
              in the exercise of its statutory responsibilities. Such activities do not include the granting of a
              federal license or permit. A federal development project is a federal activity involving the
              planning, construction, modification, or removal of public works, facilities, or other structures,
              and the acquisition, utilization, or disposal of land or water resources.




                                                              -251-











               CHAPTER EIGHT                                                             DRAFTNovember 1996


                       Federal agencies proposing activities, whether within or outside the coastal area, must
               first determine if the activity is reasonably likely to affect any coastal use or resource. Effects
               include cumulative and secondary effects. If such effects are reasonably foreseeable, then the
               federal agency must submit a consistency determination to the Coastal Resources Division no
               later than 90 days before final federal action on the proposed activity. If the federal agency
               determines that an activity is not reasonably likely to affect coastal uses or resources, then the
               federal agency must determine whether to provide the Coastal Resources Division with a
               "negative determination" at least 90 days prior to the public action. See 15 C.F.R. ï¿½ 930.35(d).

                       The federal agency should contact the Coastal Resources Division at the earliest possible
               moment in the planning of the activity to ensure early State and federal coordination and
               consultation. Early consultation with the Division reduces potential conflicts as the activity
               progresses.


                       There is no categorical exemption for any federal activity. If a federal activity is likely to
               affect coastal uses or resources, then consistency applies. However, the President may exempt a
               specific federal activity (but not a class of federal activities) under certain circumstances. See 16
               U.S.C. ï¿½ 1456 (c)(1)(B). A federal activity affecting Georgia's coastal area must be conducted in
               a manner that is consistent to the maximum extent practicable with Georgia's approved Coastal
               Management Program. This requires federal activities to be fully consistent with the policies of
               the Georgia Coastal Management Program unless compliance is prohibited based upon the
               requirements of existing law applicable to the federal agency's operations. Thus, a federal
               activity may deviate from full consistency if legally required (as opposed to a general notion or
               claim of national security). Finally, federal agencies may deviate from full consistency with an
               approved program when such deviation is justified because some unforeseen circumstances (e.g.,                      0
               an emergency situation) arising after the approval of the management program present the federal
               agency with a substantial obstacle that prevents complete adherence to the approved program.

                       While the form of the consistency determination may vary, it must include a detailed
               description of the proposed activity, its expected coastal effects, and an evaluation of the                        40
               proposed activity in light of the applicable policies of the Georgia Coastal Management Program.
               More specifically, the consistency determination should state, generally, the enforceable statutory
               provisions and regulations of the Georgia Coastal Management Program; detail the analysis by
               which the federal agency has determined that its project is consistent to the maximum extent
               practicable with the relevant policies of the Coastal Management Program; provide an analysis of                    0
               coastal effects (or reference pages of the NEPA document if appropriate); provide information,
               data and analysis supporting the determination of consistency with the Coastal Management
               Program; notify the Coastal Resources Division that it has 45 days (plus any appropriate
               extension) from receipt of the determination and supporting information in which to agree or
               disagree with the determination.                                                                                    0


                                                               -252-











             DRAFT November 1996                                                  FEDERAL CONSISTENCY


                     The listing in Section III details those direct federal activities that Georgia deems
             reasonably likely to affect coastal uses or resources. While the Coastal Resources Division, on
             behalf of the State of Georgia, will monitor unlisted federal activities and will notify federal
             agencies when an unlisted activity requires consistency review, it is the responsibility of federal
             agencies to comply with the consistency requirement and notify the Division for all federal
             activities affecting Georgia's coastal area. The failure of the Division to either list federal
             activities in the Georgia Coastal Management Program document, or to monitor unlisted federal
             activities, does not remove the requirement for federal agencies to provide the Coastal Resources
             Division with consistency determinations when the federal agency independently concludes that
             the proposed activity will affect coastal uses or resources.

                     Upon notification of a federal agency's consistency determination, the Coastal Resources
             Division shall issue public notice of the consistency determination in accordance with the
             Georgia Administrative Procedures Act. The Division shall consider public comments when
             making its consistency decision.

                     If the Coastal Resources Division agrees with a federal agency's consistency
             determination, the agency may immediately proceed with the activity. If the Coastal Resources
             Division disagrees with the consistency determination, the Division's disagreement must describe
             how the proposed activity is inconsistent with enforceable policies of the Georgia Coastal
             Management Program. The Division must also detail alternative measures (if they exist) that
             would allow the activity to be conducted in a manner consistent to the maximum extent
             practicable. In the event of a disagreement, the Division and the federal agency will attempt to
             resolve differences during the remainder of the 90-day period. If resolution has not been reached
             at the end of the 90-day period, the federal agency should consider postponing final federal action
             until the problems have been resolved. However, at the end Of the 90-day period, the federal
             agency may, notwithstanding Coastal Resources Division disagreement, proceed with the
             activity. If the federal agency proceeds with the activity over the Division's disagreement, the
             federal agency must clearly describe to the Division the specific legal authority that limits the
             agency's discretion to comply with Georgia Coastal Management Program policies. 15 C.F.R. ï¿½
             930.32(a). Either party may seek non-binding formal Secretarial mediation or informal
             negotiation, as described in Section H.












                                                           -253-











               CHAPTER EIGHT                                                           DRAFT November 1996



                                            B. Federal License or Pern-dt Activities


               Summ.


                       (1)     The Coastal Resources Division, or the NOAA Office of Ocean and Coastal
                               Resources Management determines the effects of a proposed license or permit.
                       (2)     An applicant for any required federal approval submits a certification of
                               consistency with the permit application if the activity is listed in Section In or, if
                               unlisted, the Office of Ocean and Coastal Resource Management finds that the
                               activity is reasonably likely to affect any coastal use or resource.                             41
                       (3)     Public notice shall be provided by a Joint Public Notice (JPN) with the relevant
                               federal agencies, and, if applicable, according to the Georgia Administrative
                               Procedures Act and the rules of the authorizing State agency that evaluates the
                               relevant permits.
                       (4)     The Coastal Resources Division has up to six.months to respond, but must notify                   0
                               the applicant if review will exceed three months. The Coastal Resources Division
                               coordinates with other State agencies on the status of State permits, and the time
                               frame for the consistency decision is driven by the State permitting agency (or
                               agencies).
                       (5)     The Coastal Resources Division must either concur with or object to the
                               applicant's certification of consistency. Issuance of all relevant State permits for
                               the same activity constitutes concurrence.
                       (6)     The federal agency cannot issue approval until the Coastal Resources Division
                               concurs. If all relevant State permits are issued, concurrence may be presumed.
                       (7)     The applicant may appeal the Coastal Resources Division's consistency objection,
                               which is a federal action, to the Secretary of Commerce. Appeals over State
                               pem-iits are subject to State appeals processes. If a State permit is appealed in
                               favor of the applicant through the State appeals process, the Divisions consistency
                               objection is automatically overturned.

               Description

                       A private individual or business, or a State or local government agency, or any type of
               non-federal entity, applying to the federal government for a required permit or license or any
               other type of an approval or authorization, must follow the requirements of the Coastal Zone
               Management Act section 307(c)(3)(A) (16 U.S.C. ï¿½ 1456(c)(3)(A)) and 15 C.F.R. part 930,
               subpart D.

                       Applicants for federal licenses, permits, or other approvals, must certify to the Coastal
               Resources Division that the proposed activity, whether in or outside the coastal area, affecting


                                                              -254-



                                                                                                                                 0











              DRAFTNovember 1996                                                     FEDERAL CONSISTENCY


              any land or water use or natural resource of the coastal area, 'will be conducted in a manner that is
              consistent with the policies of the Georgia Coastal Management Program. Section III of this
              chapter lists those federal license or permit activities deemed. reasonably likely to affect any
              coastal use or resource. Unlisted activities may also require a consistency certification, see
              Section 1H for more information.


                      The applicant shall furnish to the federal permitting agency a consistency statement
              certifying that the proposed activity complies with and will be conducted in a manner consistent
              with the policies of the Georgia Coastal Management Program, i.e., State laws. The submitted
              statement shall include a declaration similar to the following: "The proposed activity complies
              with the policies of Georgia's approved Coastal Management. Program and will be conducted in a
              manner consistent with such program." See 15 C.F.R. ï¿½ 930.57. By making this statement.
              certifying consistency, the applicant understands that Georgia State law and associated
              regulations define the enforceable policies of the Georgia Coastal Management Program, and that
              the project must fully comply with all relevant State laws, rules, and regulations. If any State
              permits are necessary for the proposed project, the relevant State application will include the
              statement of consistency. The appropriate State agency shall notify the Coastal Resources
              Division of the permit application consistency certification.

                      Public notice shall be provided in conjunction with the federal permit by Joint Public
              Notice (JPN), but in no instance shall it provide less than the public notice requirements of the
              Georgia Administrative Procedures Act and the rules of the authorizing State agency. If there is
              no JPN procedure, the Coastal Resources Division shall issue public notice in accordance with
              the Administrative Procedures Act.


                      Georgia's federal consistency procedures do not add additional time to the State's review
              of State permit applications. The consistency procedures do ensure compliance with Georgia's
              Coastal Management Program, and ensure that federal actions are conducted in a manner that is
              consistent with the Coastal Management Program.

                      If the applicant obtains all relevant State permits within six months of submitting the
              State and federal permit application(s) to the relevant State agency, then the issuance of these
              State permits constitutes the State's federal consistency concurrence and the federal agency may
              issue its approvals. The Coastal Resources Division assists in coordinating State and federal
              agencies, tracking permit issuances, and notifying federal agencies once all relevant State pernifts
              have been received.


                      If a State permitting agency denies the permit application within the six month period,
              then that denial constitutes the State's federal consistency obJection and the federal agency may
              not issue its approval. If, at any time, the applicant successfully appeals the permit denial to a


                                                             -255-











              CHAPTER EIGHT                                                        DRAFT November 1996


              State administrative body, or otherwise modifies the permit application and obtains the State
              permit, then the activity will be consistent with the Georgia Coastal Management Program and
              the federal agency may issue its approval. The Coastal Resources Division serves to coordinate
              State and federal agencies, track permit denials and issuances, and notify federal agencies of
              permit denials and issuances.

                     If a State perinitting agency has not issued or denied a permit within the six month period,
              then that activity will be deemed inconsistent with the Georgia Coastal Management Program,
              provided the Coastal Resources Division, within the six month period, notifies the applicant and
              the federal agency in writing that the State objects to the activity and that the federal agency may
              not issue its approval. Once the applicant obtains relevant State permits then the activity will be
              consistent with the Coastal Management Program, and the federal agency may then issue its
              approval.

                     If, following receipt of the consistency certification, the Coastal Resources Division
              determines that no State permits are needed or that other State authorities apply, the Division will
              issue a consistency determination within six months, pursuant to 15 C.F.R. part 930, subpart D.
              The Coastal Resources Division will coordinate its consistency review with the relevant
              networked Georgia Coastal Management Program agencies.



                                     C. Outer Continental Shelf Permits or Licenses


              Summ


                     (1)    Similar to the process for federal permits or licenses.

              Description

                     A private person applying to the federal government for outer continental shelf (OCS)
              exploration, development, and production activities must follow the requirements of the Coastal
              Zone Management Act, Section 307(c)(3)(B) (16 U.S.C. ï¿½1456(c)(3)(B)) and 15 C.F.R. part 930,
              subpart E.

                     Any person who submits to the U.S. Department of the Interior an OCS plan for the                   0
              exploration of, or development of, or production from, any area leased under the Outer
              Continental Shelf Lands Act, must certify to the Coastal Resources Division that any activities
              proposed in such OCS plans will be conducted in a manner consistent with the Georgia Coastal
              Management Program. The process and requirements for this section generally mirror those of
              federal license or permit activities discussed above.


                                                           -256-



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             DRAFT November 1996                                                FEDERAL CONSISTENCY


                    An applicant for an OCS permit or license that does not have a corresponding State
             permit must submit a consistency certification and supporting data and inforination to the Coastal
             Resources Division and the permitting federal agency pursuant to federal regulations, 15 C.F.R.
             part 930, subpart D and E. The Coastal Resources Division will coordinate its consistency
             review with the relevant networked Georgia Coastal Management Program agencies, and issue
             its consistency decision within six months of receipt of the certification and supporting
             information.



                                       D. Federal Financial Assistance Activities


             Summ


                    (1)     Either a State agency or a local government applies for federal financial
                            assistance. The activity may be a listed or an unlisted activity, which must be
                            determined by the Coastal Resources Division.
                    (2)     The Georgia State Clearinghouse Procedures must be followed for submission of
                            an application and Coastal Management Program review.

             Description


                    A State agency or local government applying for any form of federal assistance for an
             activity reasonably likely to affect any land or water use or natural resource of Georgia's coastal
             area must follow the requirements of the Coastal Zone Management Act, Section 307(d) (16
41           U.S.C. ï¿½ 1456(d)) and 15 C.F.R. part 930, subpart F. The federal agency may not grant any
             federal assistance until the Division finds an application consistent.


                    The Georgia State Clearinghouse notifies the Coastal Resources Division of applications
             for federal financial assistance. Public notice of the application shall be provided by the Coastal
             Resources Division according to the Georgia Administrative Procedures Act. applications for
             federal financial assistance applications for projects requiring State approvals are automatically
             deemed consistent with the Georgia Coastal Management Program policies once all relevant
             State approvals have been issued.

                    If the Coastal Resources Division determines the proposed project to be inconsistent with
             Georgia Coastal Management Program policies, a formal objection will be provided to the
             Georgia State Clearinghouse, the applicant, the federal agency, and the National Oceanic and
             Atmospheric Administration, Office of Ocean and Coastal Resource Management. Objections
             will be provided to the Georgia State Clearinghouse within the standard 60 day review period,


                                                          -257-











          CHAPTER EIGHT                                DRAFT November 1996

                                                                                40
          except for any programs established by the Clearinghouse requiring a 30 day review period, in
          which case the Division will respond within those time limits. The objection shall describe how
          the proposed project is inconsistent with specific elements of the Georgia Coastal Management
          Program and alternative measures (if they exist) which, if adopted by the applicant agency, would
          permit the proposed project to be conducted in a manner consistent with the Coastal Management
          Program. The Division may object based on the failure of the applicant to provide adequate
          information; in this case, the objection must describe the nature of the information requested and
          the necessity of having such information to determine consistency. The objection shall include a
          statement informing the applicant agency of a right of appeal to the Secretary of Commerce
          pursuant to 15 C.F.R. part 930, subpart H. 15 C.F.R. ï¿½ 930.96.        40

              The federal agency may not grant the financial assistance if the State determines it to be
          inconsistent with the policies of the Georgia Coastal Management Program unless the applicant
          agency appeals the objection and the Secretary of Commerce overrides the State's objection. 15
          C.F.R. ï¿½ 930.97.

              If the Coastal Resources Division determines that an application for federal assistance
          outside of Georgia's defined eleven-county coastal area is subject to consistency review, the
          Division shall immediately so notify the applicant agency, the federal agency, the Georgia State
          Clearinghouse, and the Office of Ocean and Coastal Resource Management. Any objection by
          the Division to the proposed activity shall be made according to the Georgia State Clearinghouse
          schedule described above. The federal agency may not grant the financial assistance except as
          provided in 15 C.F.R. part 930, subpart H if the Division determines it to be inconsistent with the
          Georgia Coastal Management Program. 15 C.F.R. ï¿½930.98.






















                                       -258-






0




              DRAFT November 1996                                                    FEDERAL CONSISTENCY

0
                                                       SECTION 11:
                       APPEALS AND CONFLICT RESOLUTION PROCEDURES



                                                A. Appeals for State Permits

                      As described in part B of Section I above, federal license or permit activities that also
              require a State permit under Georgia law are presumed to be consistent with the Georgia Coastal
              Management Program upon receipt of all relevant State permits. The appeals procedures for
              State permits are described in Georgia State laws and remain unchanged by this process. In most
              cases, Georgia law provides any person or agency that is aggrieved or adversely affected by any
              order or action the right to a hearing before an Administrative Law Judge. In cases in which
              there is no direct provision for State Administrative Law Judge review under State law, the
              aggrieved party has the right to the State Court process.


                                            B. Secretarial Mediation of Disputes

                      In the event of a serious disagreement between the State of Georgia and a federal agency
              over any aspect of the federal consistency requirement, either party may request that the U.S.
              Secretary of Commerce mediate the dispute. All parties must agree to participate in the
              mediation, but agreement to participate is non-binding and either party may withdraw from the
              mediation at any time. Secretarial mediation is a formal process that includes a public hearing,
              submission of written information, and meetings between the parties, upon which a hearing
40            officer, appointed by the Secretary, will propose a solution.

                      Secretarial mediation may be used for disputes under any of the four consistency review
              types: direct federal activities, federal license or permit activities, OCS license and permit
              activities, and federal assistance activities. However, the request can only be made by the head
              of a federal agency, the Governor of Georgia, or the Coastal Resources Division. Exhaustion of
              the mediation process is not a prerequisite to judicial review.


                                             C. Informal Negotiation of Disputes

                      The availability of formal Secretarial mediation or litigation does not preclude the parties
              from informally negotiating the dispute through the National Oceanic and Atmospheric
              Administration, Office of Ocean and Coastal Resource Management (OCRM) or another
              facilitator. OCRM has successfully filled this role of informal negotiator, and most disputes are
              addressed through this informal method. Either party may request OCRM involvement, and
              participation is non-binding.

                                                              -259-











               CHAPTER EIGHT                                                        DRAFT November 1996

                                                                                                                           0
                                         D. Appeals to the Secretary of Commerce

                      The federal Coastal Zone Management Act (CZMA) provides an administrative appeal to
               the Secretary of Commerce from a consistency objection by a coastal state. In the case of a
               federal license or permit, an outer continental shelf exploration or development plan, or an
               application for federal financial assistance, the applicant may request that the Secretary override
               the State of Georgia's consistency objection if the activity is consistent with the objectives of the
               CZMA, or is otherwise necessary in the interest of national security. 16 U.S.C. ï¿½
               1456(c)(3)(A),(B), and (d).
                                                                                                                           0
                      The inquiry by the Secretary into whether the grounds for an override have been met is
               based upon an administrative record developed for the appeal. While the Secretary will review
               the State objection for compliance with the CZMA and the implementing regulations (e.g.,
               whether the objection is based on enforceable policies), the Secretary does not review the
               objection for compliance with State laws and policies.

                      There are four elements that an appellant must meet in order to satisfy the first ground for
               a Secretarial override, "consistent with the objectives of the CZMA:"

                      (1)    the activity furthers one or more of the competing national objectives or purposes
                             contained in sections 302 or 303 of the CZMA;
                      (2)    when performed separately or when its cumulative effects are considered, the
                             activity will not cause adverse effects on the natural resources of the coastal area
                             substantial enough to outweigh its contribution to the national interest;
                      (3)    the activity will not violate any requirement of the Clean Air Act, as amended, or
                             the Federal Water Pollution Control Act, as amended; and
                      (4)    there is no reasonable alternative available (e.g., location, design, etc.) which
                             would permit the activity to be conducted in a manner consistent with the
                             management program. 15 C.F.R. ï¿½ 930.121.

                      The second ground for a Secretarial override, "necessary in the national security,"
               describes a federal license or permit activity or a federal assistance activity which, although
               inconsistent with the Georgia Coastal Management Program, is found by the Secretary to be
               permissible because a national defense or other national security interest would be significantly
               impaired if the activity were not permitted to go forward as proposed.

                      If the Secretary overrides the State's objection, the authorizing federal agency may permit
               or fund the activity. A secretarial override does not obviate the need for an applicant to obtain
               any State-required permits or authorizations.



                                                            -260-











                DRAFT November 1996                                                              FEDERAL CONSISTENCY



                                                              SECTION III:
                            LIST OF FEDERAL ACTIONS SUBJECT TO FEDERAL
                                                             CONSISTENCY



                                       A. Direct Federal Activities and Development Projects

                Dgpartment of Commerce, National Marine Fisheries Service:
                                  Fisheries Management Plans.
0                                 Endangered Species Act listings and Designation of Critical Habitat.

                Dgpartment of Defense, Army Corps of Engineers:
                                  Dredging, channel improvement, breakwaters, other navigational works, erosion control structures,
                                  beach replenishment, darns or flood control works, and activities and other projects with the
                                  potential to impact coastal lands and waters.
                                  Land acquisition for spoil disposal or other purposes.
                                  Selection of disposal sites for dredged material from federal harbors and navigation channels.

                Department of Defense: Air Force, AM, and N
                                  Location, design, and acquisition of new or expanded defense installations (active or reserve status
                                  including associated housing, transportation, or other facilities).
                                  Plans, procedures, and facilities for handling storage use zones.
                                  Establishment of impact, compatibility, or restricted use zones.
                                  Disposal and reuse plans for military base closures.


                General Services Administration:
                                  Acquisition, location, and design of proposed federal government property or buildings, whether
                                  leased or owned by the federal government.
                                  Disposal and disposition of federal surplus lands and structures.

                Department of Interior, Bureau of Land Management:
                         0        Oil and gas leasing on federal lands.

                Dppartment of Interior, Minerals Management Service:
                                  Oil and gas leasing on the Outer Continental Shelf
                                  Offshore sand mining leases.

                Dgpartment of Interior, U.S. Fish and Wildlife Service:
                         0        Management of National Wildlife Refuges; land acquisition.

                DQartrnent of Interior, National Park Service:
                         0        National Park Service unit management; land acquisitions.

                Dgpartment of TransRortation, Coast Guard:
                                  Location and design, construction, or enlargement of Coast Guard stations, bases, and lighthouses.

No


                                                                      -261-











                   CHAPTER EIGHT                                                                        DRAFT November 1996



                                     Location, placement, or removal of navigation devices which are not part of the routine operations
                                     under the Aids to Navigation Program (ATON).
                                     Expansion, abandonment, designation of anchorages, lighting areas, or shipping lanes.
                                     Cleanup of oil and hazardous substances and materials, and discharges in violation of the Federal
                                     Water Pollution Control Act of 1972, as amended by the Oil Pollution Control Act of 1990.
                                     Area Contingency Plans developed under the Oil Pollution Control Act.
                                     Designation and management of Regulated Navigation Areas and Limited Access Areas identified
                                     in 33 C.F.R. ï¿½165.
                                     Designation of Security and Safety Zones under the authority of the Port and Waterways Safety
                                     Act.


                   Dgpartment of Transportation, Federal Aviation Administration:
                           0         Location and design, construction, maintenance, and demolition of federal aids to air navigation.

                   Department of Transportation, Amtrak, Conrail:
                                     Expansions, curtailments, new construction, upgradings or abandonments of railroad facilities or
                                     services, in or affecting the State's coastal area.

                   DE,partment of Transportation, Federal Highwa Administration:
                           0         Highway construction.

                   Department of the TreasM, Federal Law Enforcement Training Center:
                                     Location and design, construction, upgradings, demolition, or abandonment of facilities or projects
                                     associated with the Federal Law Enforcement Training Center.

                   Environmental Protection Agency
                                     Ocean dump site designations.



                                       B. Federal Licenses or Permits Subject to Consistency with
                                                  The Georgia Coastal Management Program

                   Department of Defense, Amy Corps of En&eers:
                                     Approval of plans for improvements made at private expense under U.S.A.C.E. supervision
                                     pursuant to the Rivers and Harbors Act (33 U.S.C. 565).'
                                     Disposal of dredged spoils into the waters of the U.S. pursuant to the Clean Water Act, Section
                                     404 (33 U.S.C. 1344).1
                                     Other provisions of Section 404 of the Clean Water Act, including permits.'
                                     All actions for which permits are required pursuant to Section 103 of the Marine Protection,
                                     Research and Sanctuaries Act (33 U.S.C. 1413).1

                   Federal Energy Regulatory Commission:
                                     Licenses for non-federal hydroelectric projects and primary transmission lines under Sections 3
                                     (11), 4 (e), and 15 of the Federal Power Act (16 U.S.C. 796 (11), 797 (11), and 808).'
                                     Orders for interconnection of electric transmission facilities under Section 202 (b) of the Federal
                                     Power Act (15 U.S.C. 824 a (b)).'




                                                                           -262-



                                                                                                                                                         0











                DRAFT November 1996                                                            FEDERAL CONSISTENCY



                                 Certificates for the construction and operation of interstate natural gas pipeline facilities, including
                                 both pipelines and terminal facilities under Section 7 (c) of the Natural Gas Act (15 U.S.C. 717 f
                                 (0).,
                                 Permission and approval for the abandonment of natural gas pipeline facilities under Section 7 (b)
                                 of the Natural Gas Act (15 U.S.C. 717 f (b)).'
                                 Regulation of gas pipelines, and licensing of import and export of natural gas pursuant to the
                                 Natural Gas Act (15 U.S.C. 717) and the Energy Reorganization Act.'

                Environmental Protection Agenc
                                 National Pollutant Discharge Elimination System (NPDES) permits and other permits for federal
                                 installations discharges in contiguous zones and ocean waters, sludge runoff and aquaculture
                                 permits pursuant to Sections 401, 402, 403, 405, and 318 of the Federal Water Pollution Control
                                 Act (33 U.S.C. 1341, 1342, 1343, and 1328).'
                                 Permits pursuant to the Resources Conservation and Recovery Act.'
                                 Permits pursuant to the underground injection control program under Section 1424 of the Safe
                                 DrinIdng Water Act (42 U.S.C. 300 h-c).'
                                 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857).'
                                 Permits pursuant to the Marine Protection, Research, and Sanctuaries Act (16 U.S.C. 143 1).1

                ftartment of Interior, U.S. Fish and Wildlife Service:
                                 Endangered species permits pursuant to the Endangered Species Act (16 U.S.C. 153 (a)).'
                                 Permits pursuant to the Migratory Bird Treaty Act (U.S.C. 703).1

                Nuclear Regulatory Commission:
                                 Licensing and certification of the siting, construction, and operation of nuclear generating stations,
                                 fuel storage, and processing centers pursuant to the Atomic Energy Act, Title II of the Energy
                                 Reorganization and the National Environmental Policy Act.'

                Department of Transportation, Coast Guard:
                                 Construction or modification of bridges, causeways, or pipelines over navigable waters pursuant to
                                 49 U.S.C. 14552
                                 Transport and transfer of hazardous substances and materials (33 U.S.C. ï¿½419).'
                                 Marine Event Permits.'


                Dqpartment of Transportation, Federal Aviation Administration:
                        0        Permits, licenses, and other approvals for construction, operation, or alteration of airports!

                U.S. Dgpartment of Interior:
                                 Outer Continental Shelf (OCS) activities (including pipeline activities) described in detail in OCS
                                                                       2
                                 plans that affect coastal resource areas.
                                                                                               2
                                 OCS lease sales in the Atlantic Ocean under 43 U.S.C.A. ï¿½1337.


                1 = A corresponding Georgia State permit exists.
                2 = This activity is subject to the provisions for OCS permits or licenses.

                This list of federal licenses and permits may be revised by the State following consultation with
                the federal agency and approval by the Office of Ocean and Coastal Resource Management. The


                                                                     -263-











                CHAPTER EIGHT                                                                DRAFT November 1996


                Coastal Resources Division may also review federal license and permit activities outside
                Georgia's defined eleven-county coastal area which affect the coastal area, as well as federal
                license or permit activities in other states which affect Georgia's coastal area. This review
                involves prior consultation with federal agencies and requires approval by the Office of Ocean
                and Coastal Resource Management.


                Unlisted License or Permit Activities


                        Pursuant to 15 C.F.R. ï¿½ 930.54, the Coastal Resources Division reserves the right to
                review other licenses and permits not included in this initial list for consistency with the policies
                of the Georgia Coastal Management Program. For unlisted activities, in or outside the coastal
                area, the Division must notify the applicant, the relevant federal agency, and the Office of Ocean
                and Coastal Resource Management that it intends to review the activity. OCRM must approve
                the State's consistency review. The Division must make this notification within 30 days of
                receiving notice of the application, otherwise the State waives its consistency rights. The waiver
                does not apply where the Coastal Resources Division does not receive notice. The applicant and
                the federal agency have 15 days from receipt of the Division's request to provide comments to
                OCRM. OCRM will make a decision usually within 30 days of receipt of the Division's request.
                The sole basis for OCRM's decision will be whether the proposed activity can be reasonably
                expected to affect any land or water use or natural resource of Georgia's coastal area. The federal
                agency may not approve the activity until the consistency process is complete. If OCRM denies
                the Division the authority to review the project for consistency, the federal agency may approve
                the permit or license. If OCRM approves the Division's request, the applicant shall amend the
                federal application by providing a consistency certification and supporting information to the
                Division for review.



                            D. Federal Assistance Programs Applicable to the Consistency Process

                (Note: Code Numbers refer to the Catalog of Federal Domestic Assistance Programs.)

                ftartment of Agricultur
                10.414     Resource Conservation and Development Loans
                10.416     Soil and Water Loans
                10.418     Water and Waste Disposal Systems for Rural Communities
                10.419     Watershed Protection and Flood Prevention Loans
                10.901     Resource Conservation and Development
                10.904     Watershed Protection and Flood Prevention
                10.906     River Basin Surveys and Investigations
                10.999     U.S. Department of Agriculture -- Miscellaneous
                           1. Irrigation and Drainage Loans
                36.455     U.S. Department of Agriculture -- Environmental Impact Assessment/Statement



                                                                  -264-











                DRAFT November 1996                                                              FEDERAL CONSISTENCY



                Department of Commerce
                11.405     Anadromous & Great Lakes Fisheries Conservation
                11.407     Interjurisdictional Fisheries Act of 1986
                11.419     Coastal Zone Management Program Administration
                11.420     Coastal Zone Management Estuarine Research Reserves
                11.427     Fisheries Development and Utilization Research/Development Grants/Coop Agreements
                36.450     U.S. Department of Commerce -- Environmental Impact Assessment/Statement

                Dgpartment of Defense
                12.101     Beach Erosion Control Projects
                12.104     Flood Plain Management Services
                12.106     Flood Control Projects
                12.107     Navigation Projects
                12.109     Protection, Clearing and Straightening Channels
                12.610     Joint Military/Community Comprehensive Land Use Plans
                36.421     U.S. Department of Defense -- Environmental Impact Assessment/Statement
                36.422     U.S. Department of the Army     Environmental Impact Assessment/Statement
                36.423     U.S. Department of the Navy     Environmental Impact Assessment/Statement
                36.424     U.S. Department of the Air Force -- Environmental Impact Assessment/Statement

                Department of Health and Human Services (HHS)
                35.460     HHS     Direct Federal Development Project
                36.460     HHS     Environmental Impact Assessment/Statement

                Department of Housing and Urban Development (HUD)
                36.465     HUD -- Environmental Impact Assessment/Statement

                Department of the Interior (DOI)
                15.600     Anadrornous Fish Conservation
                15.605     Sport Fish Restoration
                15.611     Wildlife Restoration
                15.612     Endangered Species Conservation
                15.614     North American Wetlands Conservation
                15.616     Clean Vessel Act
                15.904     Historic Preservation Fund Grants -- In-Aid
                15.910     National Natural Landmarks Program
                15.916     Outdoor Recreation -- Acquisition, Development, and Planning
                35.440     DOI     Direct Federal Development Project
                36.440     DOI     Environmental Impact Assessment/Statement -- Clean Vessel Act Grants

                DQartment of Justice
                35.430     U.S. Department of Justice    Direct Federal Development Project
                36.430     U.S. Department of Justice    Environmental Impact Assessment/Statement

                Department of Transportation
                20.205     Highway Planning and Construction
                20.219     National Recreational Trails Program
                20.801     Development and Promotion of Ports and Intermodal Transportation
                36.470     U.S. Department of Transportation -- Enviromnental Impact Assessment/Statement

                                                                       -265-






                                                                                                                                                   0




                  CHAPTER EIGHT                                                                     DRAFTNovember 1996



                  General Services Administration
                  39.002    Disposal of Federal Surplus Real Property
                  35.600    General Services Administration    Direct Federal Development Project
                  36.600    General Services Administration    Environmental Impact Assessment/Statement

                  National Aeronautics and Space Administration (NASA)
                  35.631    NASA      Direct Federal Development Project
                  36.631    NASA      Environmental Impact Assessment/Statement

                  Envirornnental Protection Agency (EPA)
                  66.001    Air Pollution Control Program Support
                  66.418    Construction Grants for Wastewater Treatment Works
                  66.419    Water Pollution Control -- State and Interstate Program Support
                  66.433    State Underground Water Source Protection
                  66.435    Water Pollution Control -- Lake Restoration Cooperative Agreements
                  66.454    Water Quality Management Planning
                  66.456    National Estuary Program
                  66.459    Nonpoint Source (NPS) Reservation
                  66.461    State Wetland Protection Development Grants
                  66.500    Enviromnental Protection -- Consolidated Research
                  66.501    Air Pollution Control Research
                  66.502    Pesticides Control Research
                  66.504    Solid Waste Disposal Research
                  66.505    Water Pollution Control -- Research, Development, and Demonstration                                                    0
                  66.506    Safe Drinking Water Research and Demonstration
                  66.507    Toxic Substances Research
                  66.600    Environmental Protection Consolidated Grants -- Program Support
                  66.700    Pesticides Enforcement Program
                  66.701    Toxic Substances Compliance Monitoring Cooperative Agreements
                  66.704    Pesticides Certification Program                                                                                       0
                  66.801    Hazardous Waste Management State Program Support
                  66.802    Hazardous Substance Response Trust Fund
                  66.804    State Underground Storage Tanks Program
                  66.805    Underground Storage Tank Trust Fund
                  66.807    Superfimd Innovative Technology Evaluation Program (SITE)
                  66.808    Hazardous Waste; Integrated Training and Technical Assistance -- Interstate                                            0
                  66.999    EPA -- Miscellaneous
                            1. State Inventories of Uncontrolled Hazardous Waste Sites
                            2. Water Pollution Control State and Local Manpower Program Development
                            3. State and Local Innovative Waste Management Activities
                            4. Special Studies, Investigations, and Surveys
                            5. Source Reduction and Recycling Technical Assistance
                  35.552    EPA -- Direct Federal Development Projects
                   -        1. Real Property Acquisition or Disposition, including obtaining major Leases or Easements
                            2. Construction of New EPA Facilities
                            3. EPA Issued Plans and Permits which do not impact Interstate Areas
                  36.552    EPA -- Environmental Impact Assessment/Statement




                                                                       -266-











               DRAFT November 1996                                                       FEDERAL CONSISTENCY



               Department of Ener
               81.049    Basic Energy Sciences, High Energy or Nuclear Physics, Magnetic Fusion Energy, Health and
                         Envirom-nental Research, Program Analysis and Field Operations Management
               81.999    U.S. Department of Energy -- Miscellaneous
                         1. Loans for Wind Energy Systems and Small Hydroelectric Power Projects
                         2. Loan Guarantees for Alternative Fuel Demonstration Facilities
               36.471    U.S. Department of Energy -- Environmental Impact Assessment/Statement

               Federal Emergency Management Agency (FEMA)
               83.503    Civil Defense -- State and Local Emergency Management Assistance
               83.513    State and Local Warning and Communication Systems
               83.516    Disaster Assistance
               35.237    FEMA     Direct Federal Development Project
               36.237    FEMA     Environmental Impact Assessment/Statement
































low









                                                                -267-






                                                                                    0




          CHAPTER EIGHT                                  DRAFT November 1996

                                                                                    0






                                                                                    0






                                                                                    0






                                                                                    0






                                                                                    0






                                                                                    0






                                                                                    0






                                                                                    41






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                                         -268-



                                                                                    41








dh






0

              APPENDIX ONE:
0              ENHANCEMENT GUIDELINES

          m









0












0






0






0
      411@








0











             DRAFT November 1996                                          ENHANCEMENT GUIDELINES



                                                    SECTION 1:
                                   INTRODUCTION AND PROCEDURE



                    The Coastal Zone Management Act, as amended, provides funding assistance to states
             with approved Coastal Management Programs for the purpose of program implementation and
             administration. This administrative funding is an annual, non-competitive, formula-driven,
             allocation based upon the linear distance of the coastline and the population of the prescribed
             coastal area. Georgia's anticipated allocation (subject to Congressional appropriations) is
             approximately $950,000 per year. The Coastal Resources Division estimates Georgia Coastal
             Management Program implementation costs to be approximately $400,000 annually, leaving a
             balance of about $550,000. That balance of annual administrative funding not utilized in
             program implementation will be passed through as competitive grants directly to local
             governments, Regional Development Centers, colleges and universities, other agencies, and other
             not-for-profit organizations. Coastal issues, problems, and concerns may be defined at the grass-
             roots level of impact. Thus, through the Georgia Coastal Management Program the Coastal
             Resources Division provides local entities with the financial assistance to research, develop, and
             implement solutions.

                    Enhancement grants available through the Georgia Coastal Management Program are
             directed at addressing specific information needs or projects that are local and regional priorities.
             Funding criteria are developed by the Board of Natural Resources and the Coastal Advisory
             Committee. Projects must fulfill the goals of the Management Program, and priority is given to
             projects that address Advisory Connnittee recommendations as presented in this appendix. Many
             resource issues, including groundwater concerns, historic resource identification, beach access,
             and others can best be solved through education and outreach. rather than regulations. Project
             funding through enhancement grants provides a mechanism to address these types of local and
             regional issues, thereby fulfilling the goals of the Coastal Management Program proactively.

                    In the Spring of 1994, the Coastal Zone Advisory Committee (CZAC), the predecessor of
             the Coastal Advisory Committee, established Task Forces to consider issues in coastal Georgia
             and make recominendations as to how the Coastal Management Program should address those
             issues. More than two hundred people from throughout the coastal area volunteered to serve on a
             Task Force in one of nine respective issue areas. By June of that year, the Task Forces had
             developed a comprehensive list of recommendations that were subsequently adopted by the
             Advisory Committee.

                    The recornmendations proposed by the coastal citizens' Task Forces and adopted by the
             Coastal Zone Advisory Committee are incorporated into thisAppendix to the Coastal
             Management Program as Enhancement Guidelines. These guidelines are presented verbatim as


                                                         -271-











              APPENDIX ONE                                                         DRAFTNovember 1996


              developed by the public, and as prioritized by the CZAC. In determining selection criteria for
              evaluating pass-through grant applications, the Georgia Board of Natural Resources will fully
              consider these Enhancement Guidelines.


                      Announcements regarding funding priorities will be made ninety days in advance of
              application closing dates, applications will be evaluated by staff according to the established
              selection criteria, and project awards made by staff subject to criteria as approved by the Board.
              The Coastal Advisory Committee will meet annually to review the selection criteria, to establish
              funding priorities, and to assist staff with the grant review and selection efforts, and to ensue that
              each step in the award proce ss complies with the Georgia Fair and Open Grants Act.









































                                                           -272-











               DRAFTNovember 1996                                                    ENHANCEMENT GUIDELINES



                                                           SECTION 11:
                                     PUBLIC POLICY RECOMMENDATIONS



                                                   A. Fish & Wildlife Task Force


               Develop educational materials targeted for our school systems as well as the general public, to
               educate them on the importance of wildlife, fisheries and their related habitats.

               Research should be done prior to the addition of any new regulations, with the data having gone
               through sufficient peer review.

               Research should be analyzed to determine where we have large gaps in our existing research data on
               fisheries and wildlife issues.


               Fisheries management decisions should be based on scientific technical data with input from citizen
               advisory committees.
               Improve the transfer of technology and information between the research community and the involved
               parties (users).
                       Examples:
                          Between various State agencies
                          Between research groups
                          Between research and industry
                          Between research and private landholders

               Stable, and consistent funding for research, management and law enforcement for game and non-game
               programs is essential.

               Georgia DNR should continue to pursue opportunities to purchase areas of critical or unique habitat and
               utilize as wildlife management areas.

               Encourage development of a system for resolving tension between need to manage and regulate for
               common goal and rights of private property owners. For example, compensation, case-by-case for
               landowners severely burdened with cost of management or loss of income due to endangered species
               on property.


               Recognize importance of corridors for wildlife movement.

               Establish a mechanism to help coordinate these education efforts, involving all parties in the
               development of the educational materials.
               Foster cooperation between local, state, interstate and federal jurisdictions dealing with fish and wildlife
               enforcement issues.


               Stable, sufficient funding for the coastal fisheries program is essential and especially needed for the
               research.
                        Possible sources of funds:



                                                                  -273-






                                                                                                                                       0




                APPENDIX ONE                                                                DRAFT November 1996

                                                                                                                                       0
                        ï¿½ Percentage of existing DOT state fuel tax funds (same percentage as used by boats)
                        ï¿½ Saltwater fishing license as additional funding to coastal fisheries program
                        ï¿½ General Fund (increase percentage distributed to DNR)

                The value of critical wildlife, fisheries and threatened and endangered species habitat should be                      0
                recognized as a key to healthy populations.

                In all aspects of fisheries, wildlife and threatened and endangered species, additional research should
                be directed towards gathering data to specific problems, concerns, and opportunities.

                Research should be broad enough to include the biological as well as socio-economic impacts involved                   0
                with the issues being studied.

                Continually develop educational materials on the importance of adherence to existing laws relating to
                the introduction on non-native species.

                Revitalization of urban and industrial areas - stay near the existing infrastructure.                                  0

                Develop a long term strategic plan for public access, public facilities, and stock enhancement (reefs,
                structure).


                Georgia DNR should develop fisheries management plans that would establish priorities, identify
                problems (overfishing, estuarine problems, allocations) and identify research priorities needed to                     0
                accomplish the goals of the plans.

                Increase law enforcement manpower and resources for fisheries and wildlife in the Coastal Zone.
                        Example: Dedicated marine patrol for coastal waters.

                Widely publicize the conviction and associated penalties of violators of fish and wildlife laws.
                Alternative penalties (community service, lifetime loss of license for repeat offenders of serious
                violations, etc.) should be considered in lieu of small monetary fines.
                Penalties for many fish and wildlife associated violations should be increased as added deterrents.

                Encourage and support a system of incentives or rewards for providing information leading to the arrest
                and conviction of violators of fish, wildlife and endangered species laws.
                        Example: DNR's Turn in Poachers Program

                Should encourage private landowners to practice wildlife management to improve the quality of existing
                habitat. Example: Encourage prescribe burning as a management tool. (Limit liability exposure when
                prescribe burning.) Support the Certified Burner program offered by Georgia Forestry Commission.

                Should recognize non-game as well as game species (vertebrate and invertebrate) as important
                components of the wildlife community of all ecosystems.

                Should recognize hunting as an important and necessary wildlife population and habitat management
                tool.
                                                                                                                                       0
                Recognize importance of maintaining bio-diversity in fish and wildlife populations.


                                                                 -274-



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              DRAFT November 1996                                              ENHANCEMENT GUIDELINES



              New manufacturing facilities of chemicals harmful to the environment which are banned for use in the
              United States should not be allowed to relocate to the coastal zone.


              Should look for and develop alternative solutions when dealing with endangered species on private
              lands. Example: Relocate isolated populations of endangered species to public lands with suitable
              habitat for that species.

              Recognize that local influences into the jurisdictional system cat) result in diminished penalties or
              convictions.


              Provide incentives for revitalization of urban areas as an alternative to urban sprawl and loss of
              habitat.



                                             B. Agriculture & Silviculture Task Force

              It shall be the policy of the Georgia Coastal Management Program to provide support for research to
              investigate issues of water quality and quantity and the effects on fresh water, ground water, and
              estuarine areas. It shall further be the policy of the Georgia Coastal Zone Management program to
              support research to investigate the effects of agricultural and silvicultural chemicals on freshwater,
              groundwater, and estuarine waters.

              It shall be the policy of the Georgia Coastal Management Program to support a goal of zero loss of
              wetlands and  support voluntary restoration efforts.


              It shall be the policy of the Georgia Coastal Management Program to ensure compliance with relative
              existing laws and regulations through enhanced enforcement, education, and technical assistance.

              It shall be the policy of the Georgia Coastal Management Program to support programs which
0             recognize unique and sensitive habitats on private and public lands and encourage responsible uses
              and management practices through economic incentives including special tax treatment to maintain
              diversity of plants and wildlife habitat in an economically and environmentally sound manner.

              It shall be the policy of the Georgia Coastal Management Program Policy to support 100%
              compliance to voluntary Forestry and Agriculture Best Management Practices. CZM will provide
10            educational and technical assistance to achieve this.

              It shall be the policy of the Georgia Coastal Management Program to support programs which
              recognize a sensitivity to aesthetics and encourages the judicious use of buffer zones and other
              techniques such as rapid regeneration, replanting, to enhance scenic qualities.
0             It shall be the policy of the Georgia Coastal Management Program to ensure that, in areas of
              rural/urban interface (transition areas), the establishment of buffers shall be the responsibility of the
              party making the land use change.

              It shall be the policy of the Georgia Coastal Management Program to support the continued use of
              prescribed fire as an integral tool of agriculture and silviculture practices when conducted in
0             accordance with State Law.


                                                             -275-











                APPENDIX ONE                                                               DRAFTNovember 1996



                                                 C. Pubfic Service Facifities Task Force


                Study downstream impacts prior to further permitting.

                Industries should be encouraged to further reduce their dependence on the Floridan aquifer.

                Reclamation and reuse of water should be encouraged.

                The Georgia Coastal Management Program provides technical assistance to local governments and
                planning agencies.

                The appropriate erosion control measures shall be employed during the crossing of wetland areas.
                Re-vegetation with suitable wetland species shall be required. This regards hydrologic regimes.

                Alignments of new projects shall be designed to utilize existing rights-of-way and topographic
                features wherever possible.

                For locations immediately adjacent to the shoreline, the water-dependent nature of the structure shall
                be demonstrated.


                Research and development studies directed towards improved construction of right-of-ways in order
                to create the minimum impact on the environment, scenic value, and maximize pollution control.

                All publicly or privately owned treatment works shall have enforceable industrial pre-treatment
                programs to preclude the discharge of toxic to sewage treatment works.

                Alignments of new projects shall be designed to utilize existing rights-of-way and topographic
                features wherever possible.

                Visual buffer areas around sewage treatment facilities should be provided.

                Discourage development of sewage infrastructure in excess of population projections.

                Destroyed and removed vegetation shall be replaced with suitable plantings of native vegetation,
                consistent with the intended use, to restore as nearly as possible the original appearance, to control
                runoff and to prevent pollution. In the case of service roads as little bare surface as possible shall be
                retained to permit the passage of vehicles. Where possible, access by other than authorized vehicles
                shall be prevented.

                Suitable erosion controls shall be installed and maintained in accordance with Georgia's
                Sedimentation Control Act.


                There shall be coordination with the Environmental Protection Division to ensure protection of unique
                or fragile vegetation, wildlife, and water sources. Existing right-of-ways shall be used where feasible
                where possible in order to limit or prevent further damage.

                Serve as a clearinghouse for new technologies for source reduction, recycling, and disposal.



                                                                 -276-











               DRAFT November 1996                                                 ENHANCEMENT GUIDELINES



               The siting of nonwater-dependent structures shall be prohibited over water and/or wetland areas.

               Maintain a directory of points of contact for all Federal, State, and local regulatory bodies.

               Development of local plans and regulations that address the location and design of public/quasi-
               public buildings are encouraged.

               The design of such right-of-ways shall meet all applicable Federal, State, and local construction and
               environmental protection standards. Additionally, the design shall cause minimal impact on the
               vegetation, scenic value, and wildlife habitat.

               Erosion and sedimentation runoff with subsequent pollution of submerged areas must be prevented.
               All applicable standards for dredging and filling shall be adhered to. Additionally, the guidelines
               below should be followed:
                       * Dimensions of excavated ditches for buried cables, pipelines, storm drains, and similar
                       buried item right-of-ways shall be the minimum required. Permanently open channels shall
                       not be used.
                       * Construction of such facilities, water supply lines, in or adjacent to freshwater wetlands
                       shall be prohibited unless no feasible alternatives exist. Construction activities should be
                       timed so as not to disrupt fishery spawning seasons or migratory fish populations.

               Water supply facilities and transmission systems in the coastal zone shall meet applicable federal,
               State, and local construction and drinking water standards. The Georgia Environmental Protection
               Division is the focal point for permitting withdrawals from the aquifers and/or surface water in the
               region. The federal Clean Water Act shall be complied with for effluent discharges.

               The Environmental Protection Division and the U.S. Geological Survey have the ability to decide
               whether or not further withdrawals should be permitted. The federal Safe Drinking Water Act must
               be complied with for drinking water monitoring and standards.

               Dredging and filling for water supply projects in wetland areas shall be undertaken only if that
               activity is water-dependent and there are no feasible alternatives.

               Within the jurisdiction of the Coastal Marshlands Protection Act, excavation activities for the
               installation of pipelines and transmission lines should be designed to minimize adverse environmental
               impacts.

               Creation of permanent open water canals to install pipelines shall be denied.


               All excavations in wetland areas shall be backfilled with the excavated material after installation of
               the appropriate structure, maintaining the original marsh elevation.

               Bridges and roadways traversing wetland or water areas should consider inclusion of pipelines to
               avoid additional impacts to these areas.


               Educate local governmental units and industries on existing solid waste regulations O.e, Coastal
               Georgia Regional Development Center -- Regional Solid Waste Plan).



                                                                -277-











                APPENDIX ONE                                                               DRAFT No vember 1996



                Review federal, State, and local laws for overlapping or conflicting rules. Distribute results for all
                regulatory groups.

                Maintain a directory of points of contacts for all federal, State, and local regulatory groups.

                Sewage treatment facilities and transmission systems in the coastal zone shall meet applicable
                federal, State, and local construction and water quality standards.


                The Coastal Management Program will coordinate with the Environmental Protection Division and
                other agencies with responsibility for implementing comprehensive plans affecting sewage treatment
                to ensure that proposed projects are compatible with growth and development plans and that
                alternative locations for sewage treatment facilities are considered.

                Construction of such facilities in freshwater or saltwater wetlands should not be approved by state
                agencies where feasible alternatives exist. For locations adjacent to such sensitive habitats, priority
                considerations will be given to major facilities over small plants.

                Construction of facilities shall be consistent with local, state, and federal regulations in regard to
                water quality.


                Outfall locations shall consider water depth, circulation, and mixing in order to protect water quality.
                Effluent shall not be discharged or flushed into wetland areas unless the wetlands are specifically
                designed for such purposes.

                Maximum study and analysis shall be given to no discharges and/or tertiary treatment alternatives to
                conventional treatment methods; for example, land disposal, water conservation techniques, land
                application, wetlands creation, and overland flow.

                The Coastal Management Program will ensure that plans for all proposed septic systems requiring a
                State permit will meet current Environmental Protection Division standards and regulations. Septic
                systems can degrade both underground and surface water. These shall only be installed after a
                study and analysis of the soil conditions has been conducted by qualified public health and technical
                personnel.

                The Coastal Management Program will also coordinate with local health departments. Environmental
                Protection Division, and other implementing agencies to ensure that septic systems standards and
                regulatory enforcement are adequate to protect coastal resources.

                Applications for the construction of unlined lagoons or impoundments for water treatment facilities,
                and similar activities shall be denied by applicable authorities, where adverse effects on protected
                wetlands or tidelands will result or where aquifers may be harmed. Lagoons and impoundments shall
                have a monitoring system to check on leakage.

                Waste treatment facilities shall be designed in such a manner that no effluent will be discharged into
                areas adjacent to or approved for shellfish harvesting.

                Construction of facilities shall be consistent with local, State, and federal regulations in regards to
                water quality.


                                                                -278-











              DRAFT November 1996                                                ENHANCEMENT GUIDELINES



              Excavation activities within the jurisdiction of the Coastal Marshlands Protection Act and/or the
              Shore Protection Act are sometimes required for the installation of sewage lines. These installations
              shall be designed to minimize adverse environmental impacts. In addition to standards for dredging
              and filling, the following standards are required:

              Creation of permanent open water canals to install pipelines shall be prohibited.


              Wherever feasible all excavation in wetland areas shall be backfilled with the excavated material
              after installation of the appropriate structure, while maintaining the original marshal elevation.

              The appropriate erosion control measures shall be employed during the crossing of wetland areas.
              Destroyed and removed vegetation shall be replaced with suitable plantings of native vegetation,
              consistent with the intended use, to restore as nearly as possible the original appearance.

              Discharges across public beaches shall be prohibited.

              Speculative excess capacity in treatment facilities should not be approved unless the projects meet
              population projections for the area.

              Permanent alterations to freshwater wetlands, from either dredging or filling for the construction of
              public buildings shall be prohibited unless no feasible alternatives exist or there is an overriding public
              interest or need and must comply with the Federal Wetlands regulations.


              Construction methods and site drainage plans which reduce erosion hazards and limit the direct
              discharge of storm water run-off shall be utilized to protect coastal water quality. To the extent
              feasible, public buildings should not be located in high flood zone areas, as designated under the
              Federal Flood Insurance Program.

              Plans for major public buildings or complexes shall include adequate sewage disposal capacity
              meeting federal Environmental Protection Agency, Georgia Environmental Protection Division, and
              local health department standards.

              The siting of buildings within eroding dune fields or on beaches shall be prohibited.

              All such development should conform to applicable local and/or regional plans and zoning
              requirements.


              Educate local governments and private industries on the existing dam and reservoir regulations. To
              include low flow dams.


              Appropriate sections of the Coastal Marshlands Protection Act, Shore Protection Act, Safe Dams
              Act, and Scenic Rivers Act should be applied.

              Pipelines traversing beaches shall be prohibited.

              Dimensions of excavated canals for cables and pipelines shall be minimal.




                                                              -279-











               APPENDIX ONE                                                               DRAFT November 1996



               Monitor Environmental Protection Agency, Environmental Protection Division, Police and Code
               Enforcement records for current legal and illegal waste handling practices. Serve as an information
               clearinghouse for existing data.

               Dimensions of excavated canals for cables and pipelines shall be minimal.                                            0

               Review federal, State, and local regulations for overlapping or conflicting rules. Notify all regulatory
               groups of the findings.



                                                C. Marine Related Facilities Task Force


               Recreational docks and piers shall not be permitted on lots with less than 100 linear feet of
               waterfront property. Community docks or individual recreational docks and piers shared by adjacent
               landowners are encouraged. Consider: (1) carrying capacity; and (2) master plan for docks in new
               development.

               Provision of dry storage facilities, where possible.

               Marinas and community docks shall avoid or minimize disruption of currents. Dead-end or deep
               canals without adequate circulation or tidal flushing will not be permitted, unless it can be
               determined that water quality will not be designed to prevent long-term degradation of water quality.
               Georgia Ports Authority should not have jurisdiction over private projects, perhaps DNR holds                        0
               jurisdiction.

               Provision of loading/unloading docks on new public boat ramps, where construction is feasible.

               Boat ramp locations that require dredging of wetlands to provide channel access to deep water will                   0
               be prohibited.


               The following priorities will be considered when justifying boat ramp location in sensitive areas: (i)
               public use -- open to all citizens; (ii) restricted use -- open to citizens of a particular area or
               organization only; and (iii) private use -- use for one citizen or family.
               Recreational docks and piers shall be constructed in a manner that does not restrict waterflow.                      0

               In review and certification of marinas and community dock permit applications, the extent of public
               demand for the facilities, as demonstrated by the applicant, will be considered.

               Construction of marinas or community docks within 1,000 feet of approved or restricted shellfish                     0
               harvesting areas shall be prohibited.

               Excavation of boat basins in marshlands shall be prohibited.

               Marinas and community docks shall be located in areas where the least amount of initial and
               maintenance dredging will be required. No project will be certified if initial and maintenance dredging              0
               will result in dissolved oxygen or turbidity levels not in compliance with the Georgia Erosion and


                                                                -280-











              DRAFT November 1996                                              ENHANCEMENT GUIDELINES



              Sedimentation Act or current Corps of Engineers dredging guidelines. Applications for marinas and
              community docks shall include maintenance dredging and schedules and dredged material disposal
              sites when applicable.

              Excavation of boat basins in upland areas shall be permitted provided other criteria in this section
              and all applicable local, State, and federal specifications and requirements are met. An upland boat
              basin is defined as a facility built at greater than 5'6" above mean sea level, with positive natural
              flushing or a lock system. Depth of the basin cannot exceed the depth of the adjoining water body.
              Canal width shall be no greater than the minimum required for boat ingress and egress. Canal length
              shall be as short as possible, based on site-specific parameters. ..Facilitieswill not be allowed on
              access canals.


              Provision of adequate parking facilities and transportation access from the landward side.

              Georgia tax incentives. and technical assistance will be provided for marinas and community docks
              that are constructed using less toxic alternatives to new CCA-treated wood, including plastic lumber,
              untreated wood, salvaged dock materials, and concrete.


              Construction of joint use or community piers rather than individual structures.

              Recreational docks and piers shall not impede navigation or restrict reasonable public use of the
              waters.


              Siting of public use boat ramps in easily accessible areas, such as bridged and dead-end causeways.

              Provision of telephones accessible to Emergency 911.

              Marinas and community docks shall be located in areas that will have the least potential adverse
              impact on wetlands and water quality as stated in Section 404 of the Clean Water Act and following
              sequencing requirements as described in the Corps of Engineers 404(b)(1) guidelines.

              Marinas and community dock designs shall minimize the need for excavation and filling of shoreline
              areas and salt marsh as stated in Section 404 of the Clean Walter Act and following sequencing
              requirements as described in the Corps of Engineers 404(b)(1) guidelines.

              Marinas and community docks shall be located in areas that will have the least potential adverse
              impact on Federal and State listed species and migratory birds, as stated in the Endangered Species
              Act of 1973 (as amended), the State of Georgia Endangered Species Act, and the Migratory Bird
              Treaty Act. U.S. Fish and Wildlife Service and Corps of Engineers Standard Manatee Conditions for
              construction activities and manatee awareness will apply to all new marinas and community docks.

              Marinas and community docks shall be prohibited in the jurisdictions of the Shore Protection Act in
              those areas on the Atlantic Ocean.


              Buildings associated with marinas and community docks shall riot be constructed within the wetland
              setback required by county ordinance and/or State law, whichever is wider.




                                                             -281-











               APPENDIX ONE                                                             DRAFT November 1996



               New marinas shall provide facilities for proper handling and disposal of fuel, lubricants and other
               petroleum products; wastes from cleaning, painting, maintenance, and repair operations; and
               sewage, litter, waste, storm water and wash water runoff, in accordance to all applicable local,
               State, and Federal specifications and requirements. New community docks with launch and haul-out
               facilities must provide facilities for proper handling and disposal of storm water and wash water
               runoff. Boat maintenance areas in new marinas and community docks shall be designed so that all
               bottom scraping and painting is conducted over dry land with proper control and deposition of
               residues, spills, and storm water runoff.

               New marinas shall provide pump-out facilities and trash receptacles. New community docks must
               provide trash receptacles. All pump-out and sewage facilities shall be included in the public notice
               and certified by the Environmental Protection Division or appropriate authority before permit
               approval. Proper trash receptacles or similar facilities should be plentiful and convenient for proper
               disposal of trash, waste, and noxious materials such as paints, rags, and oil cans required for normal
               boat maintenance and repair.

               Marinas and community docks with fueling facilities shall have an approved contingency plan for
               spills of petroleum projects, as required by the Corps of Engineers and the Coast Guard.

               Before any State-issued permit, license, or lease shall be renewed, marinas and community docks
               existing at the time of approval of the Georgia Coastal Management Program must not be in violation
               of all applicable local, State, and federal laws, policies, specifications, and requirements.

               Provision of upland facilities at new marinas that are compatible with and enhance recreational
               boating opportunities (such as bathrooms, showers, laundry facilities, and telephone accessible to
               Emergency 911).

               Provision and maintenance of recycling containers.

               Georgia tax incentives and technical assistance will be provided for recreational docks and piers that
               are constructed using less toxic alternatives to new CCA-treated wood, including plastic lumber,
               untreated wood, salvaged dock materials, and concrete.

               The size and extension of a recreational dock or pier shall be limited to that reasonable for the
               intended use. To preclude shading of marsh vegetation, decks shall not be located over vegetated
               marsh and walkways to the dock or pier that are built over vegetated marsh shall not exceed six feet
               in width and shall be elevated at least three feet above mean high water. Docks that extend more
               than 1,000 feet from the top of the bank shall not be permitted.

               Construction of recreational docks and piers within 1 000 feet of approved or restricted shellfish
               harvesting areas shall be prohibited.

               Projects shall include facilities for proper handling of litter, waste, and refuse, where applicable. No
               disposal of petroleum products will be permitted at private recreational docks and piers.

               Recreational docks and piers are prohibited in areas subject to the jurisdiction of the Shore Protection
               Act.



                                                              -282-











              DRAFT November 1996                                               ENHANCEMENT GUIDELINES



              Use of easily maintained and repaired construction materials.

              Provision of dry storage facilities, where possible.

              Fill of productive salt, brackish, or freshwater wetlands for boat ramp construction will be prohibited
              unless no feasible alternatives exist in adjacent non-wetland areas. Boat ramp designs shall minimize
              the need for excavation and filling of shoreline areas and salt marsh as stated in Section 404 of the
              Clean Water Act and following sequencing requirements as described in the Corps of Engineers
              404(b)(1) guidelines.

              Boat ramps shall be constructed of environmentally acceptable materials, such as concrete or oyster
              shell. Environmentally unacceptable materials include, but are not limited to, roofing shingles,
              asphalt, and old tires.

              Construction of boat ramps within 1 000 feet of approved or restricted shellfish harvesting areas
              shall be prohibited.

              Provision of adequate parking facilities and transportation access from the landward side.

              Provision and maintenance of trash receptacles and recycling containers.


              Incorporation of public boat ramps with other public boating facilities to improve recreational
              opportunities.

              Construction and maintenance of new public docks to minimize damage to vehicles, boats, and
              trailers during loading and unloading.

              A study should be conducted to evaluate the impact of wash water runoff (soap and water washing
              or rinsing after boat pulled out of water) on wetland resources.



                                                   D. Transportation Task Force

              Maximize reuse/beneficial use of materials (active/passive) through improved interagency
              coordination.


              It should be recognized that harbor maintenance has impacts on sand-sharing system.

              Explore county-to-county consistency in implementation of standards.


              Balance access and impacts on resources such as barrier islands.


              Provide for multiagency (all) acceptance of an existing standard application for permits.

              Quality assurance process for environmental studies.





                                                              -283-











               APPENDIX ONE                                                             DRAFT November 1996



               Dredging of commercial/industrial berthing areas must be conducted in accordance with existing
               water quality standards for the appropriate river classification, in light of new technologies and
               research finding.

               Require peer review of scientific data for developing, establishing or revising policies/regulations.
               Require development of peer review process prior to initiation of specific study.

               Issue CZM "updates", i.e., newsletter, on proposed/ongoing studies. Available to the general public.

               Maximize uses of current industrial/commercial areas prior to developing outside existing
               industrial/commercial areas.


               Consolidate wetland crossings to a single point wherever possible.

               Infrastructure and access on publicly held lands must be compatible with the purpose for which
               these lands were established.


               Encourage public acquisition of privately held islands.

               Encourage and facilitate general consistency determinations for agency O&M operation and
               maintenance activities, e.g., dike repair, water control, dredging, disking, prescribed burns, HAZMAT
               transf er/transport.

               Recognize ports/harbors as an economic resource that should be kept economically viable.

               Areas of special consideration within the coastal zone (e.g., national/state parks or wildlife refuges,
               public lands) should be restricted from incompatible uses such as jet skis, billboards, or other
               degrading factors. Use should not ruin the special consideration of the area.

               Make available informal preplanning guidelines for all permittees, agencies, and potential mitigation
               landowners.


               Develop/implement educational program to foster awareness of CZM-related requirements for
               permits, etc.
               Maximize life of existing disposal areas.


               Establish and maintain efficient intermodal links.


               Establish program to encourage responsible disposal of abandoned vehicles/vessels. When such
               efforts fail, levy appropriate penalties to the offender.

               All man-made structures within the coastal zone will be designed to utilize best management
               practices (BMPs) for controlling non-point source discharges.

               Assure facilities designed, built, and operated within the coastal zone adhere to BMPs for transfer of
               oil and hazardous materials.





                                                              -284-











              DRAFTNovember 1996                                               ENHANCEMENT GUIDELINES



              Enforce laws and regulations concerning dumping along transportation corridors (roadways, rivers,
              streams, railroads, pipelines).


              Ensure compliance with existing test requirements. Implies good tests now, some test unnecessary.
              New technology demands flexibility in requirement/testing.
              Retain current easements for future use where possible. Government will acquire and retain land
              often for uncertain reasons.



                                              E. Areas of Special Concern Task Force

              Discourage additional development on barrier islands without causeway access (e.g., no state tax
              benefits, no state grants or loans in support of such development, and state compliance with federal
              Coastal Barrier Island Improvement Act for state-owned barrier islands, or portions thereof).


              Encourage use of land in areas most suitable for such uses; discourage development of areas not
              within existing public service areas. (Use city, county, and state tax incentives, location or public
              facilities and services, acquisition and maintenance of conservation easements, and zoning,
              subdivision regulations, performance standards, and other local land use management controls.)

              Conduct geological studies of the system-wide effects of beach, dune, and inlet dynamics on all
              developed barrier islands (Tybee, Saint Simons, Sea Island, Jekyll). Incorporate already existing
              studies such as the Corps of Engineers study of Jekyll. Saint Simons, Sea Island, and Little Saint
0             Simons Islands.


              Develop and implement public education and training programs to enhance understanding about
              special areas and their importance.

              Require water management plans to be developed and implemented by local governments; develop
0             new regional plans.

              Water conservation measures need to be enacted and enforced now -- residential, commercial, and
              industrial. Encourage innovative measures to decrease amount of water used. (Such as: treated
              wastewater on golf courses and lawns instead of using aquifer drinking water, etc.) Require water
              conservation in individual homes, commercial, and industry -- ALL water users. Encourage low-use
0             plumbing codes and ordinances changes.

              To hammocks larger than two acres that are accessible by motor vehicle apply the following
              provisions:
                      * Hammocks larger than two acres that are accessible either by existing causeways or on
                      existing navigable creek or channel may be developed provided that a setback buffer (25
0                     feet) of natural vegetation be preserved on the borders of the hammocks facing waterways
                      and marshes, except under special appeal. This setback is consistent with the Soil Erosion
                      Sedimentation Act and is subject to alteration if justified by further study. Construction
                      within the buffer should be discouraged but may be allowed under a special appeals process.
                      e Consistently analyze the resource impacts of development on hammocks through local
                      evaluation studies paid for by CZM program funds. Subsequently utilize findings of such
0                     studies in stipulating conditions applied to development and use of property under the

                                                             -285-











                APPENDIX ONE                                                               DRAFT November 1996



                        authority of State and local government.
                        o Encourage use of land in areas most suitable for such uses; discourage development of
                        areas not within existing public service areas. (Use city, county, and State tax incentives,
                        location of public facilities and services, acquisition, and maintenance of conservation
                        easements, and zoning, subdivision regulations, performance standards, and other local land
                        use management controls.)
                        a Maintain the scale and visual character of hammocks by developing and implementing
                        locally enforced standards and local government policies to ensure the following.
                                  Adequate protection of native vegetation and wildlife.
                                  Control of building size, height, and density.
                                  Limitations on impervious surfaces (paving and buildings).
                                  Adequate capacity, appropriate location, and design of public service systems,
                                including water and sewer, drainage, roads, and lighting, signage, recreation
                                facilities/areas, and provision of open space and publicly accessible natural areas.
                          Any hammock of any size that is isolated, either because it is surrounded by marsh or
                        accessible at mean high water only by a tidal creek impassable by boats larger than 14 feet
                        should be left in its natural state. Engineering modifications to provide access to hammocks
                        should be discouraged.


                Hammocks of two acres or less should be left in natural condition.


                Strict consistent and prompt enforcement of all existing laws and regulations regarding aquifer
                protection, management, and monitoring.

                Provide CZM-funded technical support in determining the areas and activities most suitable for
                sustainable economic development throughout coastal Georgia.

                Discourage development on hammocks larger than two acres without motor vehicle access (e.g., no
                state tax benefits, no state or local grants or loans in support of such development).

                Research existing studies and programs to compile a list of description of all areas in coastal Georgia
                that are environmentally unique or vulnerable.

                Use funding from CZM in combination with other State and federal sources to secure additional
                public access areas to coastal waters, as determined by access studies.

                Monitor effects of silviculture and agriculture practices for impact on freshwater wetlands and for
                compliance with "Best Management Practices for Forested Wetlands in Georgia" (Published by
                Georgia Forestry Association -- Wetlands Committee, July 1990).

                Update/Upgrade identification of and protect aquifer recharge areas for both the Floridan and the
                Miocene aquifers. Use CZM funds to support local governments in their efforts to implement
                protective measures addressed in their comprehensive plans.

                Seek and implement alternative sources for secondary uses of water by industry, golf courses, lawn
                care, etc.





                                                                -286-











              DRAFTNovember 1996                                                 ENHANCEMENT GUIDELINES



              Ensure that all industrial and effluent meets or exceed existing water quality standards.

              All future wastewater treatment plants that are sited on rivers or drain into a river system
              (watershed) will provide, as a minimum, [tertiary] treatment of the effluent - sewage treatment for
              removal of nutrients.


              Due to sediment flow restrictions and water quantity/quality problems created by dams, no new
              dams shall be built on rivers in Georgia below those already in place. This applies to rivers with a
              flow rate of 400 cubic feet/second or greater. Investigate downriver effects of any proposed
              alteration of Georgia rivers (such as channelization, discharge, dredging and operation of dams).
              Based on these findings, propose further controls in the public interest. No more big dams in the
              State.


              Identify, manage, and protect areas of special concern along Our rivers such as unique plant
              communities and other areas of ecological significance, consistent with the General Policies.
              Encourage sustainable yield practices.

              Use CZM funding to support local governments in developing and implementing land use/zoning
              policies that address the specific needs of our riverine systems, consistent with requirements of
              Georgia Mountains and River Corridor Protection Act. Use as baseline the "Recommended River
              Corridor Protection" developed by the Coastal Georgia Regional Development Center. Use landsat
              and other "state-of-the-art" technology to delineate these areas.


              Identify, cap, and monitor abandoned wells, especially on or near hazardous waste sites and military
              facilities, to avoid contamination. Federal standards need to be met or exceeded.


              Review all applications for permits to the U.S. Army Corps of Engineers for Section 404 activity.

              Identify management concerns for sites. Examples include impacts from recreational use, deposition
              of dredge spoil, and any other activity which might adversely impact shorebird nesting.

              Use State tax incentives for environmentally sensitive areas.

              Public access to publicly- and privately-owned barrier islands and other publicly-owned lands should
              be managed so as to reduce conflicts with the functions of such areas to ensure compliance with
              management plans.


              Minimize length of docks with criteria to include: aesthetics; navigation; environmental; safety.

              Planning efforts in the coastal zone should be incorporated into large area development (malls,
              highways, industrial parks, etc.) to keep deforestation to a minimum. Existing large trees should be
              kept and trees planted where possible.

              Prohibit dredging or excavation of any new shipping channels from the Atlantic Ocean to inland
              waters. Examples of areas protected by this policy include the Altamaha, Ogeechee, and Satilla
              rivers, and sounds that are not currently being dredged.




                                                               -287-






                                                                                                                                     0




                APPENDIX ONE                                                              DRAFTNovember 1996



                Review proposals for deepening or extending existing channels in terms of impacts on erosions,
                freshwater and saltwater habitat, wildlife refuges, water quality, and other measures of
                environmental stability.

                25-foot vegetative buffer adjacent to marshes should be maintained as required under the Erosion
                and Sedimentation Act.


                All development adjacent to marshlands will apply a 25-foot buffer of natural vegetation.

                Yearly survey of potential shorebird nesting sites on public and private lands to determine nesting
                activity and the need for protection. This could be coordinated by the Department of Natural
                Resources and/or the U.S. Fish and Wildlife Service, and utilize volunteers, seasonal sea turtle
                interns, and agency personnel.

                Open space standards should be p rovided/establ i shed for each coastal county to be enforced through
                the planning and zoning process established by respective communities or municipalities.

                Provide and distribute information about the location and features of public access facilities as a
                means for ensuring their maximum benefit to both resident and tourists.

                Encourage research to determine best construction designs and materials to use in dock
                construction, especially in the area of fuel storage and handling over or adjacent to coastal waters.

                Based on findings of this evaluation, establish a coastal resources public access program, including
                priorities and funding recommendations for easement acquisition and maintenance and for facility
                construction, improvement, and maintenance.

                In an effort to reduce the amount of time required to assess sites of potential significance, form a
                citizen review committee of qualified individuals. They will initiate action upon notification by the                0
                State Historic and Preservation office to research and evaluate property proposed for development     or
                as requested.

                The State shall identify and map areas of archaeological interest within the coastal zone by
                interviewing professional and non-professional archaeologist and combine with existing information.
                Archaeological field surveys should be undertaken on these sites on a priority basis by the State with               0
                the assistance of a citizens advisory committee. (Utilize University and Colleges to take on
                investigation and research of this program. Adequate supervision will be required.)

                Initiate studies of various resource systems and areas to determine carrying capacity/sustainable use
                conditions, to ensure adequate biodiversity, and adopt management plans that include controls and
                incentive measures to ensure compliance with findings of these studies. Encourage private financial                  0
                participation in such studies for large development projects.
                Devise management plans for all areas of special concern, including those that are privately owned,
                integrating such plans into the local comprehensive planning process to the maximum extent
                possible.

                Establish monitoring programs to be used on a continuing basis to determine the existing condition                   0
                and use of special areas.


                                                                 -288-











              DRAFT November 1996                                                ENHANCEMENT GUIDELINES



              Consistently analyze the resource impacts of development on barrier islands through local evaluation
              studies paid for by CZM program funds. Subsequently utilize findings of such studies in stipulating
              conditions applied to development and use of property under the authority of state and local
              governments.


              Maintain the scale and visual character of barrier islands by developing and implementing locally
              enforced standards and local government policies to ensure the following:
                  ï¿½ Adequate protection of native vegetation and wildlife;
                  ï¿½ Control of building size, height, and density;
                  ï¿½ Limitations on width of roads and streets; and
                  a Limitations on impervious surfaces (paving and buildings).

              Consistently analyze the resource impacts of development on barrier islands through local evaluation
              studies paid for by CZM program funds. Subsequently utilize findings of such studies in stipulating
              conditions applied to development and use of property under the authority of state and local
              governments.


              Research and set a percentage to reduce aquifer water use by industry and communities by the year
              2000.


              Develop and enforce a program for long-term management of the sand-sharing system based on
              these studies. Management program should include cost/benefit analysis of its implementation and
              detailed analysis of financing and pay-back for recommended projects. Make a cost analysis of the
              pay-back to the public, including tourism, and recreational benefits for the publicly-funded portions of
              all future projects.

              Based on these studies, determine relationship between channel maintenance and sand-sharing
              system, and recommend related policies and procedures for protecting shorelines from erosion.
              When dredging shipping lands, opening sand-clogged inlets, or in other ways artificially taking
              sediment out of the natural system, the sediment should be placed in favorable down-draft positions
              so as to re-enter the littoral stream. No new shipping channels should be developed on the Georgia
              coast.


              If and when beach renourishment projects are used as part of the sand-sharing system management
              program, ensure that material used exceed minimum standards of quality, as measured in chemical
              composition and physical characteristics, consistent with applicable state and federal water quality
              standard. Use dredge material whenever it is available, provided that it meets or exceeds these
              standards.


              Avoid using engineered structures, or other beach modifications, that prevent full function of the
              sand-sharing system in adjacent areas, or which degrade physical, biological, or chemical effects or
              functions, or the appearance or recreational use of the shoreline.

              Establish cooperative partnerships between regional and local organizations, for the purpose of
              developing and applying the leadership needed to ensure properly balanced and successful economic
              development.




                                                              -289-











               APPENDIX ONE                                                            DRAFTNovember 1996



               Through assistance from the Georgia Coastal Management Program, encourage counties lacking
               State-recognized Erosion and Sediment Control Ordinances to adopt and implement them to obtain
               state certification under the Georgia Erosion and Sediment Control Act. The Coastal Management
               Program should sign-off before issuance of permit.

               All storm sewer discharge will be removed from sewage treatment systems and treated, as needed,
               through a separate system.

               Potential sites for landfill and/or dredged materials disposal which encompass significant historic,
               cultural, or archaeological areas shall not be approved.

               Include vertebrate Paleolithic remains dating to the late Pleistocene (20,000 BC).

               Basic survey information of unsurveyed and partially surveyed counties should be completed by the
               State so that consistent, reliable, and up-to-date field survey information is available to make
               informed decisions regarding historic properties within the coastal zone. Analysis and synthesis of
               survey data on a county by county and regional basis should be undertaken to augment the
               development of historic contexts by providing solid information on historic properties.

               Develop and implement financial techniques, tax incentives, and state and local protection
               ordinances to protect archaeological sites within the coastal zone that have been identified. Tax
               incentives should be afforded developers who plan construction and development which takes into
               account historic, cultural, or archaeological areas within the proposed development area, as approved
               by the State Historic Preservation Office.

               Develop criteria and procedures to ensure that sites for development which encroach upon historic,
               cultural, or archaeological sites on ALL property will not be approved without actions being taken to
               ensure adequate mapping and exploration or avoidance of said areas. This will require elimination of
               certain existing public exemptions. (Possibly use as a guide Hilton Head and Jasper County, South
               Carolina archaeological resource preservation ordinance.) Adequate tax incentives are provided the
               developer to meet or exceed the cost of such mapping and exploration.

               Nontitled land within the coastal zone which includes historic, cultural, or archaeological sites should
               be deemed State property so that they may be adequately protected from harm.

               Take advantage of existing corridors (canals, parkways, etc.) to provide space for recreational,
               aesthetic, or wildlife benefits.


               Inventory and evaluate the adequacy of public access locations and facilities throughout coastal
               Georgia.

               Establish a monitoring program to periodically re-evaluate the adequacy and use of coastal public
               access areas and facilities.


               Where a residential community is sited, a community dock should be built instead of individual
               docks.


               Docks should be permitted with consideration for impacts to the marsh, shellfish, and water flow.


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              DRAFT November 1996                                               ENHANCEMENT GUIDELINES



              Docks should be constructed of materials that are the least harmful to the environment (pollution,
              chemicals, etc.)


              Coastal habitats are numerous and varied, each with its unique value. The public should be allowed
              access to representative areas for enjoyment, relaxation, and education.

              Coastal counties should be inventoried to identify areas that could be purchased or preserved for
              open space.


              Additional open land corridors should be provided for alternative forms of transportation, i.e.,
              bicycling.


              Determine need for additional research required to identify such areas, including technical criteria to
              be used.


              Promote State and non-profit acquisition and management of highest priority areas (refer to Heritage
              Trust and Preservation 2000 programs, but other areas may be added).


              Install signage as needed in critical areas to inform the public about restrictions on activities (by
              season and activity), consistent with special area management plans.

              Establish fund and long-term program of implementation for property acquisition or purchase of all or
              partial development rights and/or conservation easements from private landowners.

              Investigate the feasibility of providing additional incentives for contribution of property or
              development rights by private landowners to public agencies (state or local government or non-profit
              corporations).

              Adequate capacity, appropriate location, and design of public service systems, including water and
              sewer, drainage, roads, lighting, signage, recreation facilities/areas, and provision of open space and
              publicly accessible natural areas.


              Require a copy of all U.S. Army Corps of Engineers letters certifying Section 404 Wetland
              Delineation and surveys within the Georgia coastal zone by sent to the Georgia Coastal Management
              Program.

              Certify proposed Army Corps of Engineers Permits that comply with Federal Guidelines.

              Analyze feasibility of Mitigation Banking for Freshwater Wetlands.

              Use the findings of such studies to support local land use decisions, investment in capital
              improvements, promotion of business and industry, and other actions related to economic
              development.

              Use CZM-funded staff to help local governments develop and implement strategic economic
              development programs, consistent with the above policies, to achieve more complementary
              relationships between economic development and resource management.



                                                             -291-











               APPENDIX ONE                                                            DRAFT November 1996



               Ensure the State investments and permitting activities are consistent with the above policies, in an
               effort to achieve better coordination between local and state economic development programs, while
               promoting predictable and sustainable use of resources.

               Provide incentives for developers to encourage use of management plans meeting or exceeding
               criteria to be established by the local governments in cooperation with the State.                               0

               Encourage, promote, and monitor the use of Agricultural and Silvicultural Recommended Best
               Management Practices.

               Monitor and increase quality (where justified) of rivers to comply with the Georgia Water Quality
               Control Act. Investigate the river and water classification procedures and their application to coastal
               rivers and based on this research upgrade the classification to reflect the actual quality of the water.

               Initiatives should be taken to upgrade existing sewage treatment facilities that are sited on river
               systems in order to conform with these policies.

               Establish legal mechanism to seasonally protect sites from activities which might have negative
               impacts on shorebird nesting.

               Provisions in tax laws to protect culturally unique communities from rising property taxes where the
               community retains right-of-first-refusal when culturally unique areas are for sale.

               Use the CZM program to help create jobs with upward mobility and long-term stability for regional
               residents, especially for the unemployed or underemployed, with an emphasis on enterprises based
               on sustainable use of resources. This is boilerplate, out front phrasing, more appropriate to
               introduce CZM than as a specific policy recommendation.
               Private islands should be protected against trespassing (above high water line).

               Public access for other reasons should be avoided within 2,000 feet of historic sites (on the National
               Register of Historic Places), national wildlife refuges and State management areas or other
               environmental ly-sensitive areas. Within this zone, nationwide/county permits would not apply, and
               formal permitting process would be required.



                                                   F. Manufacturing Task Force

               Potential and rate of growth outside the coastal zone should be recognized (i.e., downstream
               effects, and watershed impacts as groundwater use).

               The use of groundwater should be controlled to ensure the withdrawal rate is not greater than the
               recharge rate.

               Landowners should be compensated for loss of use due to environmental regulation.

               Develop adequate means for resolving potentially competing concerns of various jurisdictions.




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              DRAFT November 1996                                               ENHANCEMENT GUIDELINES



              Ground regulations in sound science -- provide funds for literature and field studies.

              Existing industrial users should be encouraged to reduce the use of groundwater through recycling or
              location of alternative sources.


              Growth of environmentally compatible industries should be encouraged.

              Uniform application of regulations is necessary.

              Surface water should be the primary source of water for most new industrial uses.

              Some consideration should be given to the priority of use of groundwater with respect to need and
              cost.


              Industry needs to know in advance what new regulations are likely to be imposed for realistic
              implementation time-frame.

              Development of environmental standards for existing industry should include consideration of
              economic needs of a community as a factor.

              Current industrial users of water should be encouraged to utilize surface water where it is
              economically feasible to do so.

              There must be in place a scientific procedure to locate and identify those parameters of water quality
              which are real concerns to the resources of the area. Industry should then make the necessary
              changes.

              Current regulations of wetlands are strong enough to control the industrial impact on wetland areas.

              The ability to evaluate the effects of smaller and smaller levels of air emissions combined with new
              regulations under development will address many concerns.

              Dedicate funds to a survey of unexplored subject areas and their biological significance to the coastal
              region.

              CZM should act as a "clearing house" for permitting processes (without eroding DNR's "One-stop
              permitting" or adding layers of regulation or permit review).

              Incentives should be provided to encourage existing facilities to upgrade to current environmental
              standards.


              Existing regulations should be enforced.

              Storm water runoff regulations should only reflect existing controls which will prevent adverse
              impacts from industrial sites.





                                                             -293-











              APPENDIX ONE                                                        DRAFTNovember 1996



                                G. Residential, Commercial, and Industrial Development Task Force

              Design, implement, and enforce a master drainage plan at the county, regional, and watershed level.
                  a. Facilitate retention and reuse of runoff water for irrigation, etc.
                  b. Consider tree ordinances.


              Seek the establishment of a "green belt" or a continuous natural landscaped buffer between
              development and the marshes, salt water, or major fresh water rivers.
                  a. Consider establishing scenic corridor zoning.
                  b. Consider tree and lighting ordinances.

              Do not let standards slide and preserve "fishing" grade water quality standards for all coastal rivers
              in the short term, and move toward "recreational" standards; with Georgia Environmental Protection
              Division and U.S. Environmental Protection Agency established timetables.

              Implement a large-scale study to determine, track, and continuously model sustainable use of coastal
              aquifers.
                  a.  Bring all large-scale users into the model, including agricultural users.
                  b.  Identify potential users of non-aquifer and non-potable water supplies.
                  c.  Relate study to comprehensive growth management plans.
                  d.  Identify interstate issues and potential solutions.
                  e.  Identify and plan ahead for alternative water sources, costs, and implementation schedules.
                  f.  Minimize delays and encourage implementation.
                  g.  Recommend an effective implementation and regulatory strategy and mechanism, such as a
                      State or regional water commission.

              Design  surfaces to facilitate absorption by local soils and wetlands.
                  a.  Use trees and grass islands in parking lots.
                  b.  Design drainage to slow and divert flow. Consider alternatives to curbs and gutters, such as
                      drainage ditches.
                  c.  Reduce and control slopes.
                  d.  Protect tree cover.


              DNR accelerate the development of artificial reefs.

              Conduct studies to determine reasonable limits and capacity for development in coastal region.
              Develop incentives and controls to apply the findings of the studies. Provide an opportunity for
              public input before implementing any findings from the studies.

              The use of the Floridan aquifer should be prioritized for drinking (domestic) consumption. All new
              development must provide for its water supply in accordance with a comprehensive regional water
              use and allocation plan.
                  a. Relate implementation to factual data from the study.
                  b. Give priority to development in areas with available capacity.
                  c. Discourage development in areas with insufficient capacity.

              Fully fund and staff wetlands delineation, permitting, and enforcement programs.

              Minimize the construction of impervious surfaces.


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              DRAFT November 1996                                               ENHANCEMENT GUIDELINES



                  a.  Use grass lawns for overflow parking.
                  b.  Lay out compact car spaces in parking lots.
                  c.  Use permeable parking surfaces (such as "popcorn asphalt").
                  d.  Manage growth.
                  e.  Require subdivision drainage plans and review existing subdivision drainage engineering
                      requirements.

              Promote quality, affordable housing with performance standards.
                  a. Discourage mobile homes.
                  b. Avoid 100-year floodplains.
                  c. Consider public transportation accessibility in site selection.
40                d. Encourage the use of existing infrastructure.

              Environmental Protection Division reduce permitted toxic discharge (per NPDES permits) in all areas
              draining into fisheriesand prohibit additional toxic discharge from new development.

              Conduct a cost/benefit analysis of proposed actions including internal, external, and quality of life
              considerations.


              Prohibit the construction of all new revetments on the coast of Georgia.

              Conduct a review of the existing regulatory structure.

              Respect individual property rights -- but not preeminent to the needs of the community.

              Conduct regional studies to determine the specific protective measures for different wetland types
              and areas.
                  a.  Study the appropriate sizes of buffers between development and wetlands or rivers.
                  b.  Use the study to determine allowable variances and subdivision guidelines.
                  c.  Identify wetlands possibly requiring government acquisition for protection.
                  d.  Determine appropriate grandfathering practices and policies for existing development.
                  e.  Determine adequate funding and staffing for wetlands delineation, permitting, and
                      enf orcement.


              Encourage the study and development of alternative energy sources in the coastal zone.
                  a. Prohibit the development or expansion of "Waste-to-Energy" municipal garbage incinerators.
                  b. Investigate the utilization of wood debris, and other forms of biomass, as an energy source.
                  c. Investigate the utilization of wave energy and other aquatic-based sources of energy.
                  d. Solar, wind, and other "clean" alternatives should also be investigated.

              Discourage the establishment of fission nuclear power plants in coastal Georgia.

              Discourage the use of energy-efficient materials, methods, and equipment in all new construction
              through the use of county building codes and other means.

              Avoid and reduce the disturbance of soils and ground cover at construction sites.

              Encourage the use of non-polluting alternatives to substances contained in runoff waters.


                                                             -295-











              APPENDIX ONE                                                         DRAFT November 1996



                  a. Consider alternatives to pesticides and fertilizers.
                  b. Require leaking automobiles to be corrected.

              Prioritize waterfront property use by water-dependent development in accordance with long-term
              comprehensive area planning.

              Minimize dependence on "stocking" for maintaining fish populations in natural areas.

              Consolidate the permitting process without reducing the authority of existing regulatory bodies.
                  a. Provide a single point of contact for permits.
                  b. Provide time limits for response from regulators
                  c. Provide adequate funding for permit staff.
                  d. Regulators should provide applicants with a team review of reasons for denial of a permit.

              Locate new development to maximize use of existing infrastructure.
                  a. Encourage compact growth.
                  b. Encourage new development to go in between existing developments, not in undeveloped
                     areas (in-filling).
                  c. Reuse existing structures and sites.

              Planning for highways should include an evaluation of their impact on land use.

              Base taxes on a property's current use, rather than highest and best use.
                  a. Assist historical and cultural land use.
                  b. Encourage counties to factor in existence of conservation and other restricted-use
                     conservation easements in their tax assessment process.
                  c. Protect long-term residents from being dispossessed by reason of tax reevaluation.
                  d. Protect historically- and culturally-significant communities from dispossession by reason of
                     tax reevaluations.


              Maximize the use of non-aquifer water, particularly for new developments where appropriate.
                  a. Use "gray" and recycled sewage water for irrigation.
                  b. Use the lowest quality waters for their highest and best use, prior to utilizing the highest
                     quality waters.
                  c. Reuse waters on site, where economically feasible.
                  d. Reuse storm water runoff.
                  e. Provide incentives for all of the above.


              Implement water conservation measures for all new development.
                  a. Use "xeric" landscaping.
                  b. Meter water use for all new development.
                  c. Encourage low use plumbing.
                  d. Provide incentives for all innovative solutions.


              Residential, commercial, and industrial development should occur outside of wetland areas, and
              impact wetland areas as little as possible.
                  a. Require buffers between development and wetlands.



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              DRAFTNovember 1996                                                   ENHANCEMENT GUIDELINES



                  b.   Don't subdivide properties into parcels that make the parcels difficult or impossible to build
                       on without a variance to wetland regulations.
                  c.   Facilitate undivided ownership in natural areas common to a subdivision.
                  d.   Allow some flexibility in local subdivision rules (such as minimum property sizes or setbacks)
                       to facilitate the protection of wetlands.
                  e.   Consider the implementation of closely-regulated permit variances for access when there is
                       no practical alternative.


              Identify and restrict sources of land erosion and sedimentation at construction sites -- consider buffer
              zones between construction and drainage systems.

              Hold new development to stricter standards of water effluent quality than existing development.

              Site landfills away from aquifer recharge and drainage zones.
                  a.   Encourage source reduction.
                  b.   Encourage recycling.
                  c.   Provide incentives.


              Provide  an adequate amount (green zones) of land for agriculture and silviculture use through State
              growth   management planning, i.e., conservation easements for family lands.
                  a.   Consideration of rural preservation zoning districts.
                  b.   Encourage growth within existing cities and towns as an alternative to suburban
                       development.
                  c.   Establish goals for agricultural, silvicultural, and developmental acreage according to local
                       needs and requirements.



                                                H. Tourism and Recreation Task Force


              Promote ecotourism.


              DNR must consider recreational fishing during any discussions concerning fishing.

              CZM should identify and acquire scenic easements.

              Encourage communities to identify scenic areas and take steps to preserve them.

              A permanent funding source, such as user fees, should be explored in order to develop low-impact
              recreational pursuits and education programs.

              CZM should identify and encourage preservation of historic and archaeological sites on both public
              and private land.


              When decisions are made regarding new development, maintaining lakes, streams, etc., in good
              condition for tourism and recreation should be a top priority.

              CZM should develop tax incentives (easy to use) in order to encourage the protection of cultural
              entities.


                                                               -297-











               APPENDIX ONE                                                            DRAFT November 1996



               CZM should actively research, recognize, and educate tourists about cultural entities and foster and
               preserve such cultures that still exist.


               When decisions are made regarding new development, maintaining groundwater in good condition
               for drinking should be a top consideration.

               CZM should encourage tourism- and recreation-oriented users of groundwater to conserve as much
               water as possible.

               Be sensitive to wetlands and surrounding areas in all proposed developments.

               Encourage tourism and recreation-oriented use of wetlands which do not have a negative impact on
               the area.


               DNR's canoe trips on the Altamaha should be continued or expanded.

               All fishing, both fresh water and salt water, be subject to licensing with limits imposes... (if fish
               stocks are low and selective fish breeding is not a cost-effective option).

               CZM should provide public access to publicly-owned areas so that visitors can see native wildlife and
               plants.


               Provide public access to scenic areas.


               Develop primitive camping on at least one barrier island.


               Any recreational development on a State-owned island shall have minimal negative impact to the
               environment.


               Maintain clean water so that habitats for fish are not reduced.


               Increase fish stocks by either licensing or selective fish breeding.


               Any taking of minerals should be done with a minimum impact.


















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         APPENDIX ONE                                  DRAFTNovember 1996

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          1 441*.\ APPENDix Two:
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             DRAFTNovember 1996                                                                 GLOSSARY




             "A Zone" -- that portion of the 100 year flood plain not subject to wave action. The residual
                 forward motion of the breaking wave may be present in this zone.

             Access canals -- waterways designed and constructed strictly for passage to and from marinas
                 and other launch facilities.


             Activity -- an action that results in a direct and significant irnpact to the natural topography,
                 water quality of surface or ground waters, or natural habitats. Activities shall include, but are
                 not limited to, dredging, filling, construction of structures, groundwater withdrawal,
                 discharge of water to surface waters, and land alteration (O.C.G.A. 12-5-260 et seq.).

             Agency (State or Federal) -- the State of Georgia and all its departments, boards, bureaus, and
                 commissions; or the United States Government and all its departments, boards, bureaus, and
                 commissions.


             Applicant -- any person or agency who files an application for a pen-nit.

             Aquaculture -- the extensive or intensive farming of aquatic animals or plants.

             Bare sand surface -- an area of nearly level unconsolidated sand landward of the ordinary high-
                 water mark which does not contain sufficient indigenous vegetation to maintain its stability.

             Barrier islands -- the following islands: Tybee, Little Tybee, Petit Chou, Williamson, Wassaw,
                 Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg, Little St. Simons, Sea, St.
                 Simons, Jekyll, Little Cumberland, Cumberland, and any ocean-facing island which is
                 formed in the future and which has multiple ridges of sand, gravel, or mud built on the
                 seashore by waves and currents; ridges generally parallel to the shore; and areas of
                 vegetation.

             Beach -- a zone of unconsolidated material that extends landward from the ordinary low-water
                 mark to the line of permanent vegetation.

             Best Management Practice (BMP) -- a method, activity, maintenance procedure, or other
                 management practice for reducing the amount of pollution entering a waterbody. BmPs
                 generally fall into two categories: source control BmPs and stormwater treatment BNIPs.
                 The term originated from the rules and regulations developed pursuant to section 208 of the
                 federal Clean Water Act (40 CFR 130).


             Board -- the Board of Natural Resources.


                                                           303-











              APPENDIX TWO                                                        DRAFT November 1996

                                                                                                                         0
              Boardwalk or crosswalk -- a nonhabitable structure, usually made of wood and without a paved
                  or poured surface of any kind, whose primary purpose is to provide pedestrian access to or
                  use of the beach, while maintaining the stability of any sand dunes it traverses.

              Certification of Consistency -- means a consistency determination made by a person or federal
                  agency in connection with an application for a federal permit or other federal authority to
                  conduct activities in the coastal area. Such certification of consistency shall be based on
                  determination of the activity's compliance with the Coastal Management Program Document
                  (O.C.G.A. 12-5-260 et seq.).

              C.F.R. or CFR -- U.S. Code of Federal Regulations, where the regulations of all departments of
                  the United States Government are published or "codified."

              Coastal area or coastal zone -- all coastal waters and submerged lands seaward to the state's
                  jurisdictional limits and the lands, submerged lands, waters, and other resources within the
                  counties of Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Long, Liberty,
                  Mchitosh, and Wayne.

              Coastal marshlands or marshlands -- any intertidal area, mudflat, tidal water bottom, or salt
                  marsh in the state of Georgia within the estuarine area of the state, whether or not the
                  tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated
                  marshlands" shall include those areas upon which grow one, but not necessarily all, of the
                  following: salt marsh grass (Spartina altemiflora), black needlerush (Juncus roemerianus),
                  saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cyposuroides), saltgrass
                  (Distichlis spicat ), coast dropseed (Sporobolus virginicus), bigelow glasswort (Salicorni
                  bigelovii), woody glasswort (Salicornia virginic ), saltwort (Batis maritima), sea lavender
                  (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia , false
                  willow (Baccharis angustifoli ), and high-tide bush (Iva frutescens . The occurrence and
                  extent of salt marsh peat at the undisturbed surface is deemed to be conclusive evidence of
                  the extent of a salt marsh or a part thereof.

              Coastal Management Program Document or Program Document or Plan -- that management
                  plan prepared by the Department in consultation with the agencies and local governments
                  exercising statutory authority in the coastal area and in accordance with the requirements of
                  the federal Coastal Zone Management Act of 1972, as amended (P. L. 92-583).


              Coastal Wetlands -- see "wetlands."


              Commissioner -- the Commissioner of the Department of Natural Resources.



                                                          -304-











              DRAFT November 1996                                                                    GLOSSARY


              Conservation easement -- a legally binding agreement between a property owner and a
                  governmental body or land trust that restricts the type and amount of development and use
                  that may take place on the property. A conservation easement may be arranged for
                  conservation purposes, to allow public access to beaches or other areas, to provide hiking
                  trails, or for other similar objectives.

              Consistency -- the compliance with the resource policies and requirements as outlined in the
                  Coastal Management Program Document (O.C.G.A. 12-5-260 et seq.).


              Crosswalk -- see "Boardwalk."


              Demand-side Capacity Option -- A program proposed by a utility or the Public Service
                  Commission for the reduction of future electricity requirements the utility's Georgia retail
                  customers would otherwise impose, including, but not limited to energy efficiency and energy
                  management options (together known as demand-side resources), and co-generation and
                  renewable resource technologies. Co-generation and renewable resource technologies are
                  generally included among supply-side resources because they add to the total amount of
                  electrical energy produced by society.

              Department      the Department of Natural Resources.

              Disposal site    That portion of the "waters of the United States" where specific disposal
                  activities are permitted and consist of a bottom surface area and any overlying volume of
                  water. In the case of wetlands on which surface water is not present, the disposal site consists
                  of the woodland surface area. Upland locations can alsoconstitute disposal sites.

              Dolomitic -- geologic term, referring to material that consists of or contains dolomite, a rock or
                  mineral consisting of calcium and magnesium carbonate.

              Dredged material -- Material that is excavated or dredged from water of the United States.

              Dynamic dune field -- the dynamic area of beach and sand dunes, varying in height and width,
                  the ocean boundary of which extends to the ordinary high-water mark and the landward
                  boundary of which is the first occurrence either of live native trees 20 feet in height or greater
                  or of a structure existing on July 1, 1979. The landward boundary of the dynamic dune field
                  shall be the seaward most line connecting any such tree or structure as set forth in the Shore
                  Protection Act to any other such tree or structure if the distance between the two is a
                  reasonable distance not to exceed 250 feet. In determining what is a reasonable distance for
                  purposes of this paragraph, topography, dune stability, vegetation, lot configuration, existing
                  structures, distance from the ordinary high-water mark, and other relevant information shall


                                                             -305-











               APPENDIX TWO                                                              DRAFT November 1996



                   be taken into consideration in order to conserve the vital functions of the sand-sharing
                   system. If a real-estate appraiser certified pursuant to Chapter 39A of Title 43 of the Official
                   Code of Georgia Annotated determines that an existing structure, shoreline engineering
                   activity, or other alteration which forms part of the landward boundary of the dynamic dune
                   field has been more than 80 percent destroyed by storm driven water or erosion, the landward
                   boundary of the dynamic dune field shall be determined as though such structure had not
                   been in existence on July 1, 1979.

               Easement --A right, other than the acquisition of title, acquired to use or control property for a
                   designed purpose.

               Electrical plant -- Any facility, or portion of a facility, that produces electricity, or is intended
                   to produce electricity, for a utility's Georgia retail customers. Electric plant' includes the
                   realty, ancillary facilities, and associated facilities required to interconnect the electric plant
                   with the bulk power supply system.

               Eligible person -- any person who is the owner of high land adjoining the state owned marshland
                   or water bottoms, or combination thereof, sought to be leased by said person such that at least
                   100 percent of the landward boundary of the state owned marshland or water bottom, or
                   combination thereof, sought to be leased is bordered by said adjoining high land.

               Energy Facilities -- any equipment or facility which is or will be used primarily in the
                   exploration for or the development, production, conversion, storage, transfer, processing, or
                   transportation of, any energy resource; or for the manufacture, production, or assembly of
                   equipment, machinery, products, or devices which are involved in any of these activities.

               Environmental integrity -- a complete or whole natural system, unimpaired by physical
                   alteration or contamination to function as an ecosystem.

               Erosion -- the wearing away of land whereby materials are removed from the sand dunes,
                   beaches, and shore face by natural processes, including, but not limited to, wave action, tidal
                   currents, littoral currents, and wind.

               Estuarine area -- all tidally influenced waters, marshes, and marshlands lying within a tide-
                   elevation range from 5.6 feet above mean tide level and below.

               Federal Insurance Administration -- A section of the Federal Emergency Management Agency
                   (FEMA) that administers the National Flood Insurance Program.





                                                                -306-











             DRAFTNovember 1996                                                                  GLOSSARY


             Federal Emergency Management Agency (FEMA) -- The agency charged with the
                 responsibility of administering the National Flood Insurance Program through the Federal
                 Insurance Administration.


             Feral -- having reverted from domestication back to the original wild or untamed state, such as
                 feral horses and pigs on Georgia's barrier islands.

             Flood hazard areas -- Areas designated by the Federal Insurance Administration as flood-prone.
                 These areas include all land inundated by the flood that has a one percent chance of being
                 equalled or exceeded in any given year (also known as the "base flood" or "100 year flood").
                 Flood hazard areas are categorized into two zones: A Zones and V Zones.

             Floodplain -- a plain bordering a river and made of sediment deposited during floods.

             Freshwater wetlands -- those wetland areas that are characterized by vegetation adapted to
                 saturated conditions, but are not tolerant of saline conditions.


             Greenbelt -- a vegetated area of various widths provided between or surrounding an area, often
                 used to provide a natural barrier between industrial and residential areas, airports, etc.
                 Greenbelts provide air and water filtration, habitat for plants and animals, noise reduction,
                 and visual and aesthetic improvement.

             Groundwater -- water that flows or seeps downward and saturates soil or rock, supplying
                 springs and wells. The upper level of this saturated zone is called the water table.

             Hammock(s) -- forested islands adjacent to salt marshes that. exist as a result of a number of
                 processes such as: the remnants of old barrier islands formed during times of higher sea
                 level; islands separated from larger islands by erosion; formations from ballast dumped by
                 ships during the colonial era; or, dredge spoil sites.

             Highway, Road, Street -- Each of these words is a general term denoting a public way for the
                 purpose of vehicular travel including the entire area within the Rights of Way.

             Hydric soils -- a soil that is saturated, flooded, or ponded long enough during the growing season
                 to develop anaerobic conditions in the upper part.

             Hydrologic -- having to do with water and its properties, physical laws, geographical
                 distribution, etc., as in hydrologic cycle.





                                                          -307-











               APPENDIX TWO                                                         DRAFTNovember 1996



               Hydrophytic vegetation -- plant life growing in water or on a substrate that is at least
                  periodically deficient in oxygen as a result of excessive water content.

               Integrated Resource Plan (IRP) -- A utility resource planning process defined in O.C.G.A. 46-
                  3A, in which an integrated combination of demand-side and supply-side resources is selected
                  to satisfy future energy service demands at least cost (considering both direct and indirect
                  costs) to society, balancing the interests of utility customers, utility shareholders and society-
                  at-large. In Integrated Resource Planning, 0 resources reasonably available to meet future
                  energy supply demands are considered by the utility on a fair and consistent basis.

               Land-disturbing activity -- any activity that may result in soil erosion from water or wind and
                  the movement of sediments into state waters or onto lands within the state, including, but not
                  limited to, clearing, dredging, grading, excavating, transporting, and filling of land other than
                  federal and state lands, except that the term shall not include those activities exempted by
                  O.C.G.A. 12-7-17.


               Land trust -- Land trusts are non-profit corporations whose purpose includes acquiring and
                  holding land and interests in land for conservation purposes. Land trusts are recognized as
                  publicly-supported charitable organizations by the Internal Revenue Service.

               Liquified Natural Gas (LNG) -- Natural gas that has been made liquid by reducing its
                  temperature to minus 260 degrees Fahrenheit at atmospheric pressure. Liquified natural gas
                  is 1/600th of its original gas volume.

               Litter -- all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse,
                  garbage, trash, debris, dead animals, or other discarded materials of every kind and
                  description which are not waste as such term is defined in Paragraph 6 of O.C.G.A. Section
                  16-7-51.


               Live-aboard -- a floating vessel or other water craft that is moored to a dock, tree, or piling, or
                  anchored in the estuarine waters of the state and is utilized as a human or animal abode. Live-
                  aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, and
                  other floating structures that are used for human or animal habitation. See also "Riverhouse
                  Structure."


               Local unit of government -- a county, as defined by O.C.G.A. 36-1-1, or an incorporated
                  municipality, as defined by O.C.G.A. 36-40-21, or any combination thereof which has been
                  authorized by an Act of the General Assembly, any of which has within its jurisdiction any
                  coastal area.




                                                            -308-











              DRAFT November 1996                                                                  6LOSSARY


              Marl -- a loose, crumbly rock material or earthy deposit containing clay and calcium carbonate.
                  Marl is used as fertilizer.


              Marshlands -- See "coastal marshlands."


              Midden -- loosely consolidated structures associated with native American habitation, often
                  composed of the "by-products" of daily living, including such refuse as bones, shell
                  fragments, pottery pieces, and charred materials. Middens vary in size but are generally less
                  than ten feet in diameter and five feet in depth. Middens should not be confused with burial
                  mounds.


              Minor alteration -- any change in the marshlands which, taken singularly or in combination
                  with other changes, involve less than 0.10 acres.

              Mitigation -- a term that encompasses a broad array of activities, especially as applied to
                  wetlands management. Mitigation describes the efforts to minimize, or compensate for, the
                  impacts of a development project. The process of mitigation follows a preferred sequence of
                  options, as defined by the National Environmental Policy Act (NEPA):
                  (A)        Avoiding the impact altogether by not taking a certain action or parts of an action;
                  (B)        Minimizing impacts by limiting the degree or magnitude of the action and its
                             implementation;
                  (C)        Rectifying the impact by repairing, rehabilitating, or restoring the affected
                             environment;
                  (D)        Reducing or eliminating the impact over time by preservation and maintenance
                             operations during the life of an activity; and,
                  (E)        Compensating for the impact by replacing or providing substitute resources or
                             environments.


              National Flood Insurance Program -- Initiated by Congress in 1968, this program makes flood
                  insurance available to communities with flood hazard areas while regulating new
                  construction and development in special flood hazard areas. This program is administered by
                  the Federal Insurance Administration section of the Federal Emergency Management Agency.

              Nationwide Programmatic General Permit (NWP) -- a type of general permit issued on a
                  nationwide basis by the U.S. Army Corps of Engineers that authorizes activities that are
                  substantially similar in nature and cause only minimal individual or cumulative impacts.
                  NWPs are designed to reduce regulatory delays for certain activities with minimal
                  environmental impacts.





                                                            -309-











              APPENDIX TWO                                                        DRAFT November 1996



              Navigable waters -- as defined in the federal Clean Water Act (33 USC ï¿½ 1362(7)), and
                  interpreted by the courts to mean the "waters of the United States," which includes wetlands
                  that are adjacent to waters associated with interstate commerce, as well as certain intrastate
                  "isolated" wetland areas located great distances from streams and navigable water bodies.

              NOAA -- National Oceanic and Atmospheric Administration, an agency within the U.S.
                  Department of Commerce. NOAA is the parent agency for the Office of Ocean and Coastal
                  Resource Management (OCRM), the office that administers the federal Coastal Zone
                  Management Act.

              Nonpoint source -- any source that discharges pollutants into the waters of the state from other
                  than a point source. Such sources include, but are not limited to, agricultural and stormwater
                  runoff.


              Nursery areas -- habitat areas that provide suitable safety and food supply for young fish.

              Ordinary high-water mark -- the position along the shore of the mean monthly spring high tide
                  reached during the most recent tidal epoch. This term is not synonymous with "mean" high-
                  water mark.


              O.C.G.A. -- Official Code of Georgia Annotated. All of the laws of Georgia are in the O.C.G.A.
                  The O.C.G.A. is arranged by titles, chapters, and sections; the Shore Protection Act is cited as
                  O.C.G.A. 12-5-230, et seq., because it is codified at Title 12 Chapter 5 Section 230. The
                  term et seq is used to indicate that the sections following the one cited are also applicable.

              Ordinary low-water mark -- the position along the shore of the mean monthly spring low tide
                  reached during the most recent tidal epoch. This term is not synonymous with "mean" low-
                  water mark.


              Permeable or permeable zone -- the property of a material that allows the passage or diffusion
                  of liquids. Permeable zones refer to those areas that have soil characteristics that allow
                  infiltration of water.


              Pernidt-issuing authority -- the Shore Protection Committee, the Coastal Marshlands Protection
                  Committee, or a local unit of government which has adopted a program of shore protection
                  which meets the standards of the Shore Protection Act and which has been certified by the
                  board as an approved program.

              Person -- any individual, partnership, corporation, municipal corporation, local government,
                  association, or public or private authority.                                                           0


                                                           -310-






0




             DRAFTNovember 1996                                                                   GLOSSARY


             Pocosin -- evergreen shrub swamps or bogs, common to the Southeast United States. Pocosins,
                 and shrub swamps in general, tend to be transitional systems between marsh and upland
                 areas.


             Point source -- any discernible, confined, or discreet conveyance, including, but not limited to,
                 any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
                 concentrated feedlot operation, or vessel or other floating; craft, from which pollutants are or
                 may be discharged.

             Political subdivision -- the governing authority of a county or a municipality in which the
                 marshlands to be affected or any part thereof are located.

             Pollution -- any manmade or man-induced alteration of the chemical, physical, biological, and
                 radiological integrity of the environment.

             Private dock -- a structure built onto or over the marsh and submerged lands that is used for
                 recreational fishing and other recreational activities, is not available to the public, does not
                 have enclosures, and does not create a navigation hazard; provided, however, that a private
                 dock may be covered and screened with a wainscotting not higher than three feet and may be
                 equipped with a hoist.

             Reason to believe -- Subpart G of the Corps of Engineers 404(b)(1) guidelines requires the use
                 of available information to make a preliminary determination concerning the need for testing
                 of material proposed for dredging. This principle is commonly known as "reason to believe,"
                 and is used in Tier I evaluations to determine acceptability of the material for discharge
                 without testing. The decision not to perform additional testing based on prior information
                 must be documented, in order to provide a "reasonable assurance that the proposed discharge
                 material is not a carTier of contaminants."


             Recreational dock -- See definition for "Private Dock."


             Revetment -- A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore
                 structure against erosion by wave action or currents.

             Riverhouse structure -- Any structure located upon any tidewaters of the State of Georgia,
                 where such structure is floating upon such tidewaters and is made fast by the use of lines,
                 cables, anchors, or pilings, or any combination thereof, or is built upon anchors, or pilings, or
                 any combination thereof, or is built upon pilings embedded in the beds of such tidewaters
                 when such structure is being or has been used or is capable of being used as a place of
                 habitation, dwelling, sojournments, or residence for any length of time; is not being used or is


                                                           -311-











              APPENDIX TWO                                                         DRAFT November 1996



                  not capable of being used as a means of transportation upon such tidewaters; and is used as a
                  means of transportation upon such tidewater; and is not owned, occupied, or possessed
                  pursuant to a permit issued by the Commissioner of the Department of Natural Resources
                  under Code Section 52-1-10.


              Sand dunes -- mounds of sand deposited along a coastline by wind action, that mounds are
                  often covered with sparse, pioneer vegetation and are located landward of the ordinary high-
                  water mark and may extend into the tree line.

              Sand-sharing system -- an interdependent sediment system composed of sand dunes, beaches,
                  and offshore bars and shoals.


              Shall or will -- A mandatory condition. When certain requirements are described with the
                  "shall" or "will" stipulation, it is mandatory that the requirements be met.

              Shoreline engineering activity -- an activity that encompasses any artificial method of altering
                  the natural topography or vegetation of the sand dunes, beaches, bars, submerged shoreline
                  lands, and other components of the sand-sharing system. This includes, but is not limited to,
                  such activities as:
                  (A)        Grading, clearing vegetation, excavating earth, or landscaping, where such
                             activities are for purposes other than erection of a structure;
                  (B)        Artificial dune construction;
                  (C)        Beach restoration or renourishment;
                  (D)        Erosion control activities, including, but not limited to, the construction and
                             maintenance of groins and jetties;
                  (E)        Shoreline stabilization activities, including, but not limited to, the construction
                             and maintenance of seawalls and riprap protection; and
                  (F) The construction and maintenance of pipelines and piers.

              Should -- An advisory condition. Considered to be recommended but not mandatory.

              Silviculture -- the practice of applied forest ecology. As used in the timber industry, the practice
                  of considering all aspects of the forest community for management of the forest for timber
                  harvesting, such as using sound practices to avoid introduction of sediment and contaminants
                  into streams and waterways, avoid disruption of spawning and nursery grounds, and
                  maintenance of forest habitat.


              Spawning areas -- areas that provide suitable habitat for deposition of eggs or sperm directly
                  into the water by aquatic animals, such as fish, shellfish, frogs, etc.



                                                           -312-











             DRAFT November 1996                                                                  GLOSSARY


             Stable sand dune -- a sand dune that is maintained in a steady state of neither erosion nor
                 accretion by indigenous vegetative cover.

             State Programmatic General Permit (SPGP) -- a type of general permit issued, on a statewide
                 basis, by the U.S. Army Corps of Engineers that authorizes, for purposes of the Rivers and
                 Harbors Act and/or Section 404 of the Clean Water Act, certain activities that are also
                 regulated by state, regional, or local regulatory programs. As with nationwide permits, they
                 are issued for activities that are substantially similar in nature and cause only minimal
                 individual or cumulative impacts. SPGPs are designed to reduce regulatory delays for certain
                 activities with minimal environmental impacts, and they serve to augment the requirements
                 and environmental features of the state, regional, or local program by adding specific
                 conditions to those programs. They are intended to avoid unnecessary duplication of
                 regulatory control by other agencies.

             Stormwater runoff -- overland flow from rainfall that does. not infiltrate the ground or evaporate
                 but instead flows onto adjacent land or watercourses or is routed into drain/sewer systems.

             Structure -- an institutional, residential, commercial, or industrial building (O.C.G.A. 12-5-230
                 et seq.).

             Submerged shoreline lands -- the intertidal and submerged lands from the ordinary high-water
                 mark seaward to the limit of the state's jurisdiction in the Atlantic Ocean.

             Surficial -- found at or near the surface, especially as related to water found near the surface of
                 the soil.


             Temporary -- as used in shore structures, means those structures that are not intended to remain
                 in place except for a very short period of time and that may be used for special events. Such
                 structures include, but are not limited to, tents, signal towers, and fences.
0            Tidal epoch -- the variations in the major tide-producing forces that result from changes in the
                 moon's phase, declination of the earth, distance of the moon from the earth, and regression of
                 the moon's modes, and which go through one complete cycle in approximately 19 years.


             Tidal water bottoms -- the bed or bottom of all tidewaters within the state. The State of
0                Georgia continues to hold title to all tidal water bottoms within the state, except where title in
                 a private party can be traced to a valid Crown of England and by the common law.

             Tidal wetlands -- those woodland areas that are influenced primarily by tidal inundation of salt
                 or brackish water. Plants and animals in these systems are adapted to the stresses of salinity,
0                periodic inundation, and extremes in temperature.


                                                           -313-











              APPENDIX TWO                                                          DRAFT November 1996



              Tidewaters or Tidally-influenced waters -- The sea and all rivers and arms of the sea that are
                  affected by the tide, where the tide rises and falls, which are capable of use for fishing,
                  passage, navigation, commerce, or transportation, and which are located within the
                  jurisdiction of the State of Georgia.

              Tiered approach -- A structured, hierarchical procedure for determining data needs relative to
                  decision-making, which involves a series of tiers of levels of intensity of investigation.
                  Typically, tiered testing involves decreased uncertainty and increased available information
                  with increasing tiers. This approach is intended to ensure the maintenance and protection of
                  environmental quality, as well as the optimal use of resources. Specifically, least effort is
                  required in situation where clear determination can be made of whether (or not) unacceptable
                  adverse impact are likely to occur based on available information. Most effort is required
                  where clear determination cannot be made with available information.


              USC or U.S.C. -- United States Code. All of the statutes passed by Congress are in the United
                  States Code. The U.S.C. is arranged by titles and sections; the Endangered Species Act, for
                  instance, is cited as 16 U.S.C. ï¿½ï¿½ 1531 to 1544, because it is codified in Title 16 of the
                  United States Code at sections 1531 through 1544. The titles are arranged by subject matter.
                  The term et seq. is sometimes used to indicate the sections following the one cited are also
                  applicable.                                                                                              0

              "V Zone" (Velocity Zone) -- That portion of the coastal 100 year flood plain that would be
                  inundated by tidal surges with velocity wave action. Generally, the V Zone indicates the
                  inland extent of a three-foot breaking wave, where the stillwater depth during the 100 year
                  flood decreases to less than four feet.                                                                  0

              Water dependent -- Water related, dependent on waterfront access, or cannot be satisfied by the
                  use of an alternative nonmarshland site. (Modified from the Coastal Marshlands Protection
                  Act.)

              Waters or waters of the State -- any and all rivers, streams, creeks, branches, lakes, reservoirs,
                  ponds, drainage systems, springs, wells, wetlands, and all other bodies of surface or
                  subsurface water, natural or artificial, lying within or forming part of the boundaries of the
                  state which are not entirely confined and retained completely upon the property of a single
                  individual, partnership, or corporation.

              Watercourse -- a flowing, channelized water system.

              Wetlands or coastal wetlands -- those areas that are inundated or saturated by surface or
                  groundwater at a frequency or duration sufficient to support, and that under normal                      40


                                                           -314-











             DRAFT November 1996                                                             GLOSSARY


                circumstances do support, a prevalence of vegetation typically adapted for life in saturated
                soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. C&e
                33 CFR ï¿½ 323.2, and 40 CFR ï¿½ 230.3). Wetlands include both freshwater and tidal wetlands.
                (This definition is taken from the U.S. Army Corps of Engineers Wetlands Delineation
                Manual, as published in January 1987. This definition shall be used until such time as a more
                generally accepted definition is developed.)









0






































                                                        -315-










         APPENDIX TWO                                 DRAFTNovember 1996

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            401%\ APPENDix THREE:
0                LIST OF PARTICIPANTS













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             DRAFTNovember 1996                                                  L IS T OF PA R TICIPA N TS


                This document was produced in cooperation with the citizens of Georgia.



                                THE COASTAL ADVISORY COMMITTEE


             Dewey Benefield                  Bill Foster, Sr.                  Don Mendosa
             George "Bubba" Bird, III         Virginia Gunn                     Danny Norman
             Tom Bordeaux                     Huey Ham                          Walter Parker
             Ben Brewton                      Charles E. Hartzog                Joe Murray Rivers
             Allan Bryant                     Vernon J. Henry                   Rebecca Shortland
             A. Rundle Cook                   Sanford Hershey                   Larry Stuber
             John Eden                        Vernon Martin                     Daniel L. Williams, Jr.
             Jimmy M. Floyd                   Jerry McCollum                    Herb Windom

             Note: Former members of the Coastal Advisory Committee and its predecessor, the Coastal
             Zone Advisory Committee include Jack Blanton, William "Jackie" Carter, Dennis Duke, Jim
             Kundell, Randal Morris, Lee Noel, Delores Roberson, Robert Russell, and Julie Smith.




                                THE RESOURCE POLICY TASK FORCES


                                          AgriculturelSilviculture Task.Force

             Wayne Adkins                     David M. Karwacki                 Claude (Joe) Sears
             Jack L. Amason                   Jerry Lee                         Bill Simpson
             Tee Brower                       John F. McCormick                 J. Owens Smith
             David A. Ferrell                 Tyler Mitchell                    Steve Swanberg
             Frank Green                      Richard Morgan                    Boyd Walden
             John Godbee                      Neil W. Nichols                   Stanley M. Whitt
             Alva J. (Joe) Hopkins, IR        Tom Norris                        Ronald Wildinson
             Frank Ivey                       Gordon Rogers                     Buron Jed Wilson
             Bob War                          John R. Sanders                   Alton L. Wooten
             Thomas L. Joyner








                                                          -319-











               APPENDIX THREE                                                         DRAFT November 199


                                                   Transportation Task Force

               Jack Alderman                      Charles F. Griffen                 J. Larry Miles, Jr.
               Charles H. Boles                   Jim Henry                          Charles Milmine
               Denise Bonnette                    Thomas F. Howard                   Jim More
               John P. Davis                      Jim Knight                         Erik Peterson
               Susan Durden                       Jim McDonald                       John Phillips
               Keith Flanagan




                               Residential, Commercial, & Industrial Development Task Force

               Ed Abel                            Robert Gilleski                    Allen Rigdon
               Neel Ackerman                      Jo Hickson                         Kirk Schlemmer
               E. Cameron Bland                   Terri Mason                        Lawrence Shaffield
               Loretta Conner                     Jim Morrison                       Larry Stuber
               Albert Rundell Cook                Johnny Murphy                      Tom Thompson
               Jane DelMestro                     Mara S. Peterson                   Charlie Von Ohsen
               Bill Dorroh                        Robert Randall                     Betty Lou Wood
               Mary Gibson                        Andrew Rea                         Robert Wood




                                             Areas of Special Concern Task Force

               Steve Applegate                    Dave Kyler                         Chris Schuberth
               Rick Causey                        Kevin McIntyre                     Newton Sikes
               Jack d'Antignac                    Mark J. Musaus                     Hudson Slay
               Lorraine Dusenbury                 Ronnie Perry                       Claudia Taylor
               Willard Fell                       Jean Poleszak                      Diana Vance
               Bill Foster, Sr.                   Carl A. Poppell, Sr.               Heidi M. Whitt
               W. R. Gwin                         Gene Rigdon                        Sarn Wilcox
               Royce Hayes                        John A. Rust                       Anton S. Withington
               Jim Henry









                                                              -320-











              DRAFTNovember 1996                                                      L IS T OF PA R TICIPA N TS



                                            Marine Related Facilities Task Force


              Lodwick Alford                     Martin 0. Gillette                 Tom Moore
              Fred N. Beason, Jr.                Paul Glenn                         Jim Patterson
              Richard M. Bourgeois, Jr.          Robin Goodloe                      Barnard M. Portman
              Paul Christian                     Jim Henry                          Michael M. Sancomb
              Ralph V. Croft, Jr.                Dan Jensen                         Steve Swanberg
              William C. Fleetwood, Jr.          Jim Livingston                     Michael Terry
              H. Lynn Gas'kins, Jr.              Boyce Mann                         W.B. Wikoff




                                                  Manufacturing Task For-ce

              James R. Baker                     Christy Lambert                    Roberta Marinelli
              Matt Gignilliat                    Steve Lewis                        Alan McGregor
              John W. Hicks                      Joseph T. Lott                     Jim Van Horn
              Mike Kelly




                                                 Fish and Wildlife Task Force


              Lee Andrews                        Ruth Mannebach Geib                Carl Paulsen
              George E. Argo                     Sandy Gorse                        Mallory Pearce
              John D. Breen                      Curtis Gowen                       John Robinette
              Mark Bujold                        David D. Johns                     Daniel L. Williams, Jr.
              Jim H. Daniel                      James Karwacki                     Robert Wood
              L. B. Davenport, Jr.               Eugene P. Keferl                   John C. Wylly, Jr.
              Fred Dennis, Jr.                   Richard H. Madray




                                             Public Service Facilities Task Force


              Gene Ashley                        Thomas D. Houston                  Monroe Todd
              Scott T. Ashworth                  Dudley Kyle                        Carr Tyndall
              Danny Blitch                       Deb L. Nahikian                    Ronald E. Widener
              Allen Cywin                        Charles L. Samz




                                                             -321-











               APPENDIX THREE                                                        DRAFTNovember 199



                                             Tourism and Recreation Task Force


               Skip Adamson                      Ronald C. King                    Jane Perry
               Gerry Allen                       Walter Lawson                     Mike Tennent
               Sarah Brown                       Harris K. Lentini                 Doug Traub
               John Enlow                        Gwen McKee                        Cynthia D. Williams
               Fred Haeussler                    Ward T. Milner                    May Howard Zipperrer
               Mike Jacobs







                                            THE JOINT HOUSE/SENATE
                              COASTAL MANAGEMENT STUDY COMMITTEE


               Representative Bob Hanner (co-c   hair)              Senator Hugh Gillis (co-chair)
               Representative Kathy Ashe                            Senator Ed Boshears
               Representative Tom Bordeaux                          Senator Mike Egan
               Representative DuBose Porter                         Senator Steve Henson
               Representative Charlie Smith, Jr.                    Senator Rene Kemp






                            DEPARTMENT OF NATURAL RESOURCES STAFF
                              ASSISTING WITH PROGRAM DEVELOPMENT


                                                         Current Staff.

               Michelle Aldenderfer              Duane Harris                      Terry West
               Lonice Barrett                    Rhonda Knight                     Kathryn Zagzebski
               Kelie Cochran                     Stuart Stevens                    Janet Zimmerman
               Phillip Flournoy                  Steve Thompson








                                                             -322-






6




            DRAFT November 1996                                          L IS T OF PA R TICIPA N TS

0
                                                Former Staff.

           Christina Faughnan            Tiffany Lutterman              Tim Steele
           Tami Hunter                   C. Victor Pyle, IIJ            Susan Wentworth
0






0






0






0




















S







-.4


                                                    -323-











          APPENDIX THREE                                DRAFTNovember 199

                                                                                  0






                                                                                  0






                                                                                  0






                                                                                  0






                                                                                  0






                                                                                  a






                                                                                  a

















                                        -324-



                                                                                  c






9





0

                   APPENDix FOUR:
0                   UST OF REFERENCES



0











0





0





dft
we
        qo!l@










il











            DRAFTNovember 1996                                                LIST OF REFERENCES




            Akioka, Lorena M. 1994. Georgia Statistical Abstract, 1994-95. Selig Center for Economic
                Growth. Athens, GA: University of Georgia Press. 521 pp.

            Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power
                Company, and Southern Electric Generating Company, 1988. Southern Electric System
                Power Plant Directory.

            Atlanta Gas Light Company. 1994. Atlanta Gas Light Company 1994 Annual Report.

            Averitt, Jack N. 1964. Georgia's Coastal Plain, A History; Volumes I and 11. New York: Lewis
                Historical Publishing Company. 849 pp.

            Bachtel, Douglas C. and Susan R. Boatright (eds.). 1993. The Georgia County Guide, Twe@fth
                Edition. Athens, GA: University of Georgia Press. ISSN 1044-0976. 197   pp.

            Brunswick and Glynn County Development Authority. 1992. Brunswick and the Golden Isles of
                Georgia Statistics. 4 pp.

            Bush, David M. and Orrin H. Pilkey, Jr. 1992. Principles oj'Property Damage Mitigation from
                Coastal Storms and Hurricanes: Examples from the North Carolina and South Carolina
                Coasts. Duke University Department of Geology, Program for the Study of Developed
                Shorelines. 156 pp.

            Coastal Georgia Regional Development Center. 1993. Drafi, Overall Economic Development
                Program: Coastal Georgia, 1993.

            Coastal Georgia Regional Development Center. 1993. Regional River Corridor Protection
                Plan.


            Coastal States Organization. 1994. The Coastal Zone Management Act: The Congressional
                Plan for Managing America's Coasts. Washington, DC: Coastal States Organization, Inc.

            Department of Energy/Energy Information Administration. 1994. Federal Offshore Statistics:
                1993. OCS Report, MMS 94-0060.

            Department of Energy/Energy Information Administration. 1993. U.S. Crude Oil, Natural Gas,
                and Natural Gas Liquid Reserves 1993 Annual Report.





                                                      -327-











              APPENDIX FOUR                                                   DRAFT November 1996


              Georgia Department of Natural Resources. 1978. A. Scenic and Recreational River Proposalfor
                 the Great Altamaha Swamp. Atlanta, GA. 162 pp.

              Georgia Public Service Commission. 1992 and 1995. Georgia Public Service Commission
                 Reports, 1992 and 1995.

              Hodler, T.W. and H.A. Schretter (eds.). 1986. The Atlas of Georgia. Athens, GA: University
                 of Georgia Institute for Community and Area Development. 273 pp.

              Johnson, A.S., H.O. Hillestad, S.F. Shanholtzer, and G.F. Shanholtzer. 1974. An Ecological
                 Survey of the Coastal Region of Georgia. National Park Service Scientific Monograph Series
                 #3. Washington, DC: Government Printing Office.

              Krause, R.E., and R.B. Randolph. 1989. "Hydrogeology of the Floridan aquifer system in
                 southeast Georgia and adjacent parts of Florida and South Carolina." U.S. Geological Survey      0
                 Professional Paper 1403-D.

              Lovell, Caroline Couper. 1981. The Golden Isles of Georgia. Atlanta, GA: Cherokee
                 Publishing Co. 300 pp.

              McKee, Gwen (ed.). 1984. The Georgia Conservancy Guide to the Georgia Coast.
                 Jacksonville, FL: Miller Press. ISBN 0-9614284-0-6.

              Municipal Electric Authority of Georgia. 1995. Unpublished Report.

              Official Code of Georgia Annotated. Also O.C.G.A. or OCGA.

              Peck, M.F. 1991. "Potentiometric surface of the Upper Floridan aquifer in Georgia and
                 adjacent parts of Alabama, Florida, and South Carolina, May-June 1990." U.S. Geological
                 Survey Open-File Report 91-206.

              Public Service Commission. 1995. Unpublished Materials.

              Savannah Area Chamber of Commerce. 1994. Savannah Area Economic Trends, 1988-1993.
                 Savannah, GA: Savannah Area Chamber of Commerce. 38 pp.

              Schoettle, H. E. Taylor. 1993. A Naturalist's Guide to St. Simons Island St. Simons, GA:
                 Watermarks Printing Co. LCN: 93-61513. 120 pp.

              Terrine Institute. 1993. American Wetlands Month Brochure.



                                                        -328-











            DRAFT November 1996                                              LIST OF REFERENCES


            U.S. Department of Commerce. 1976. Business Prospects Under Coastal Zone Management.
               National Oceanic and Atmospheric Administration, Office of Coastal Zone Management,
               Washington D.C.

            U.S. Department of the Interior/Minerals Management Service, Information and Training
               Branch. 1994. Facts About Offshore Natural Gas. OSC Report, MMS 94-0069.

            U.S. Geological Survey. 1994. "Ground-Water Conditions in Georgia, 1993." Open File Report
               94-118. Atlanta, Georgia.

            Wharton, C.H. 1978. The Natural Environments of Georgia. Geologic and Water Resources
               Division and Resource Planning Section, Office of Planning and Research, Georgia
               Department of Natural Resources, Atlanta, Georgia.





































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                                              A publication of the Georgia Department of Natural Resources
                                                                                 pursuant to the
                                                      National Oceanic and Atmospheric Administration
                                                                       Award Number NA5700409




                                                                                                                                       DEPT OF
                                                                                                                                       NAT R@
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                                                                                                                                          GEORGIA