Category Archives: Law

Reservoirs for control of stormwater –Tim Carroll

Valdosta City Council Tim Carroll spoke about the need for watershed-wide planning to reduce flooding and provide water for agriculture with distributed flood containment reservoirs. He referred to the materials he sent in advance as well as to some additional data about water quality measurements upstream and downstream of selected points. And he sent an update the next day.

Tim Carroll noted that one thing that was clear from the Valdosta City Manager Larry Hanson’s 2010 presentation to the Suwannee-Satilla Water Council about the 2009 flood was that the drainage basin study proposed by that Council (which completed its report and disbanded) still needs to be completed. For that purpose, Hanson had just sent a letter to the Army Corps of Engineers requesting assistance. Apparently they have partial answer, and they’re also talking the state.

Carroll said that with the renewed attention to flooding problems Continue reading →

Hotchkiss Landing Closed

On Tuesday evening, the Lowndes County Board of Commissioners voted 3-1, with one commissioner absent to close Hotchkiss Landing, the only public access to the Alapaha River in Lowndes County. The only commissioner to vote against the closure of the road was Demarcus Marshall, and I would like to thank him for listening to the public on this issue, and ultimately deciding on its merit.

Lead, arsenic, and uranium in water causing cancer –Janet McMahan

Uranium? Yes, really: it comes out of granite rocks up deep water wells in the Georgia Piedmont. The other metals arsenic come from human energy, industrial, and agricultural activities, ranging from fenceposts to Plant Scherer, dirtiest coal plant in the country, emitting mercury, some of which ends up in the Alapaha River. Here’s video of Janet McMahan speaking about this:


Janet McMahan spoke to the group after the
Adopt-A-Stream water quality testing training
taught by Angela Bray and Richard Batten.
Video by Gretchen Quarterman for WWALS Watershed Coalition (WWALS),
Valdosta, Lowndes County, Georgia, 5 August 2012

Janet McMahan adds:

Continue reading →

Rules for river corridor protection –GA EPD

Georgia Lakes, Rivers and Water Resources So Georgia state law requires protection for perennial river corridors and the major rivers in the WWALS watersheds qualify as perennial rivers. What are the rules? Apparently to be a “Qualified Local Government” a comprehensive plan including River Corridor Protection Plans with protection for a natural vegetative buffer area bordering each protected river is required.

Rules of Georgia Department of Natural Resources,
Environmental Protection Division
Chapter 391-3-16
Rules for Environmental Planning Criteria

391-3-16-.04 Criteria for River Corridor Protection

Georgia Rivers (1)(b) The Comprehensive Georgia Planning Act of 1989 provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local government. Maintenance of the status as a “Qualified Local Government” is contingent upon the development of such comprehensive plans (O.C.G.A. 50-8-1 et seq.).

Continue reading →

What does perennial mean?

What does “perennial” mean in Georgia Mountain and River Corridor Protection Act, O.C.G.A. 12-2-8 (2010)?

According to Merriam-Webster:

Definition of PERENNIAL
1: present at all seasons of the year

For example, does the Alapaha River at Hotchkiss Landing often (if ever) go dry? No, there is pretty much always water there.

That Georgia state law, O.C.G.A. 12-2-8 (2010), has a more specific definition:

Continue reading →

Perennial river corridors shall be protected –GA state law

Georgia state law requires local governments to protect a natural vegetative buffer 100 feet on each side of the stream banks of every perennial river corridor. The wording is “shall” as in “shall be protected”.

Georgia Mountain and River Corridor Protection Act, O.C.G.A. 12-2-8 (2010)

12-2-8. Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers

(g) The department shall, by January 1, 1992, promulgate the minimum standards and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river corridor areas. In promulgating such standards, the department may classify river corridor areas and activities by type, size, and other factors relevant to the advancement of the policies and purposes of this Code section. Such standards shall include, but are not limited to, the following:

(1) Perennial river corridors shall be protected by the following criteria:

Continue reading →

Blocked: Hotchkiss Landing closed by big blocks of concrete, October 2010

Why was a public road, Old State Road, blocked by concrete blocks from late 2010 through at least early 2012, right at Hotchkiss Landing on the Alapaha River in Lowndes County, Georgia?

According to two witnesses, this is what Old State Road at Hotchkiss Landing looked like shortly after the Lowndes County Commission decision of 26 October 2010 to keep the road open:

Seen from north side
Picture by Cactus Clyde on flickr, who wrote:
“Alapaha River a mile upstream pf the US84 bridge (on the Hotchkiss Road) east of Naylor, GA- river level 77.96′ at Statenville, GA on 12/11/11. No acces on the west side any longer- this was taken looking west.”

April Huntley says “It happened right after the decision to not close the road.” Chris Graham says this was “Few days after we won.” According to the date on that picture, the road was still blocked 11 December 2011.

Google Earth shows that same blockage for 14 January 2012 in imagery taken by NASA, and that’s also what the current google map shows:

Continue reading →