Thirty-day comment periods closing 12 August 2015 to comment on the US 84 widening project, say two Public Advisories from GA-EPD Watershed Protection Branch. One is in the Satilla River watershed, about “two existing open water ponds (outflowing into jusrisdictional[sic] wetlands associated with Lees Branch)”: those ponds are next to the groundwater-contaminating CSX railyard in Waycross. One is in the Upper Suwannee River watershed, about “three existing open water ponds (outflowing into jusrisdictional[sic] waters associated with Greasy Creek and the CSX railroad)”. Maybe the Southern Environmental Law Center letter to GDOT and the U.S. Army Corps of Engineers got some results, although these advisories are from a different state agency.

The Upper Suwannee one starts at Frank S. Sessoms Memorial Highway (aka Cogdell Highway) in Homerville and runs 19.4 miles across Woodyard Creek, Cane Creek, Peters Branch, Box Creek in Argyle, Little Suwannee Creek, Suwannee Creek, through Manor, Greasy Branch, Little Alligator Creek, and Big Alligator Creek to Ruskin Road (CR 88).

The Satilla one continues from Ruskin Road (CR 88) 4 miles to Wadley Road (CR 294) just west of Waycross, and just east of Lees Branch by which the CSX train yard drains into Kettle Creek, which runs around the edge of Waycross into the Satilla River. That’s the CSX railyard famous for trichloroethylene groundwater contamination, and from which Seven Out Superfund wastewater was shipped to the Pecan Row Landfill in Lowndes County, Georgia in the Withlacoochee River watershed.

The titles of both advisories instead refer to Fire Tower Road as the dividing point between them. That can’t be right, since Fire Tower road is between Greasy Branch and Little Alligator Creek and solidly in the Upper Suwannee River watershed.

Both Public Advisories refer to the “Manual for Erosion and Sediment Control in Georgia”, about which the Georgia Soil and Water Conservation Commission says:

For calendar year 2015, both the 5th and 6th editions of the Manual for Erosion and Sediment Control can be used as in 2014.

• Fifth Edition, 2000, includes any chnages through January 1, 2000
• Sixth Edition, 2014

Both Public Advisories also refer to OCGA 12-7-1 Erosion and Sedimentation Control Act, and to 391-3-7.05 Buffer Variance Procedures and Criteria. Both advisories say the U.S. Army Corps of Engineers must supply a permit with a mitigation plan per 391-3-7.05 (2)(h), and the Upper Suwannee advisory also involves per 391-3-7.05 (2)(a) “the construction or repair of an existing infrastructure project or a structure that, by its nature, must be located within the buffer.”

Here are the two advisories, with the Upper Suwannee one first, followed by the Satilla advisory.

Upper Suwannee River Watershed Public Advisory:
Request for State Waters Buffer Variance BV-148-15-02, Ware County

(a) The project involves the construction or repair of an existing infrastructure project or a structure that, by its nature, must be located within the buffer. Such structures include, include but are not limited to, dams, public water supply intake structures, detention/retention ponds, waste water discharges, docks including access ways, boat launches including access ways, and stabilization of areas of public access to water; or

(h) For non-trout waters, the proposed land disturbing activity within the buffer will require a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; or

Here’s the text of the advisory:

ENVIRONMENTAL PROTECTION DIVISION
PUBLIC ADVISORY
WATERSHED PROTECTION BRANCH

Ware County
City/County

July 13 2015
Advisory Issue Date

BV-148-15-02
Control Number

August 12 2015
Advisory Close Date

GDOT Projects #EDS00-0084-00(026), BHN00-0007-03(028), PI #0012845, PI #522770
SR 38/US 84 Roadway Widening from Homerville to Fire Tower Road Activity

This advisory is issued to inform the public of a receipt of an application for a variance submitted pursuant to a state environmental law. The public is invited to comment during the 30-day period on the proposed activity. Since the EPD has no authority to zone property or determine land use, only those comments addressing environmental issues related to air, water, and land protection will be considered in the application review process. Written comments should be submitted to: Proqram Manager NonPoint Source Proqram Erosion and Sedimentation Control 2 MLK Jr. Dr. S.W. Suite 1462 Atlanta Georgia 30334.

Type of Permit Application:	Variance to encroach within the 25-foot State waters buffer.
Applicable Law:	Georgia Erosion and Sedimentation Act O.C.G.A. 12-7-1 et seq.
Applicable Rules:	Erosion and Sedimentation Control Chapter 391-3-7
Basis under which variance shall be considered (391-3-7.05 (2)(a-k)):	a, h

Description and Location of Proposed Activity:
Application proposes to impact 951 linear feet (9,575 square feet) of buffer to three existinq open water ponds (outflowinq into jusrisdictional waters associated with Greasy Creek and the CSX railroad) within the Suwanee Watershed for widening SR 38/US 84. Disturbance activities will consist of placement of fill construction of side-slopes and drainaqe ditches and installation of BMP’s and OBF. Project on SR 38/US 84 begins east of Frank S Sessoms Memorial Highway and ends west of CR 88/Ruskin Rd in Ware County.

Name and Address of Permit Applicant:

Ms. Hiral Patel
Georgia Department of Transportation
Office of Environmental Services
600 W. Peachtree Street NW 16^th Floor
Atlanta, Georgia 30308

Summary of Rules Requirements for Variance Application:

The application for a variance must include an approved Erosion and Sediment Control Plan with control measures based on sound conservation and engineering practices which meet or exceed the standards in the “Manual for Erosion and Sediment Control in Georgia” and which will minimize erosion and deposition of sediments on adjacent lands or into State waters.

For Additional Information Contact:

William Smith, Environmental Specialist
EPD, Watershed Protection Branch
NonPoint Source Program
2 MLK, Jr. Dr. S.W., Suite 1462 East
Atlanta, Georgia 30334
Telephone: 404-651-8553 FAX: 404-651-8556

Satilla River Watershed Public Advisory:
Request for State Waters Buffer Variance BV-148-15-01, Ware County

(h) For non-trout waters, the proposed land disturbing activity within the buffer will require a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; or

Here’s the text of the advisory:

ENVIRONMENTAL PROTECTION DIVISION
PUBLIC ADVISORY
WATERSHED PROTECTION BRANCH

Ware County
City/County

July 13 2015
Advisory Issue Date

BV-148-15-01
Control Number

August 12 2015
Advisory Close Date

GDOT Project #HPPNE-0084-00(027)
PI #522780
SR 38/US 84 Roadway Widening from Fire Tower Road to Wadley Road Activity

This advisory is issued to inform the public of a receipt of an application for a variance submitted pursuant to a state environmental law. The public is invited to comment during the 30-day period on the proposed activity. Since the EPD has no authority to zone property or determine land use, only those comments addressing environmental issues related to air, water, and land protection will be considered in the application review process. Written comments should be submitted to: Proqram Manager NonPoint Source Proqram Erosion and Sedimentation Control 2 MLK Jr. Dr. S.W. Suite 1462 Atlanta Georgia 30334.

Type of Permit Application:	Variance to encroach within the 25-foot State waters buffer.
Applicable Law:	Georgia Erosion and Sedimentation Act O.C.G.A. 12-7-1 et seq.
Applicable Rules:	Erosion and Sedimentation Control Chapter 391-3-7
Basis under which variance shall be considered (391-3-7.05 (2)(a-k)):	h

Description and Location of Proposed Activity:
Application proposes to impact 1,998 linear feet (22,790 square feet) of buffer to two existing open water ponds (outtlowinq into jusrisdictional wetlands associated with Lees Branch) within the Satilla Watershed for wideninq SR 38/US 84. Disturbance activities will consist of placement of fill construction of side-slopes and drainage ditches and installation of BMPs. Proiect on SR 38/US 84 begins west of CR 88/Ruskin Rd and ends east of CR 294/Wadley Rd in Ware County.

Name and Address of Permit Applicant:

Ms. Hiral Patel
Georgia Department of Transportation
Office of Environmental Services
600 W. Peachtree Street NW 16^th Floor
Atlanta, Georgia 30308

Summary of Rules Requirements for Variance Application:

The application for a variance must include an approved Erosion and Sediment Control Plan with control measures based on sound conservation and engineering practices which meet or exceed the standards in the “Manual for Erosion and Sediment Control in Georgia” and which will minimize erosion and deposition of sediments on adjacent lands or into State waters.

For Additional Information Contact:

William Smith, Environmental Specialist
EPD, Watershed Protection Branch
NonPoint Source Program
2 MLK, Jr. Dr. S.W., Suite 1462 East
Atlanta, Georgia 30334
Telephone: 404-651-8553 FAX: 404-651-8556

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