Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-5 - HISTORIC PRESERVATION
Subject 391-5-9 - SUBMERGED CULTURAL RESOURCES
Rule 391-5-9-.05 - Permit Procedures
Universal Citation: GA Rules and Regs r 391-5-9-.05
Current through Rules and Regulations filed through March 20, 2024
(1) Application for Permit.
(a) All applications for permits must be on
forms prescribed by the State Archaeologist and contain the following
information:
1. Applicant's name, address,
corporate designation and registered agent for service if applicable;
2. A description of the location(s) of the
proposed operation, including Universal Transverse Mercator (UTM) Grid System
coordinates of latitude and longitude;
3. A U.S. Geological Survey quadrangle
(1:24,000 scale) map or a U.S. National Oceanic & Atmospheric
Administration "Intra-coastal Waterway (Inside Route) Chart" (1:40,000 scale)
depicting the location of the operation;
4. A brief statement of the purposes and
objectives of the operation;
5. A
clear description of the exact nature and scope of the proposed operation,
including, but not limited to, research design, methods, techniques, and
equipment to be employed;
6. A
description of the methods, materials, and procedures to be used at the
conclusion of the operation to stabilize, reclaim, and protect the area of the
operation;
7. Name, and address of
the professional archaeologist who will supervise or conduct the
operation;
8. Evidence of financial
responsibility to complete the operation and to stabilize, reclaim, and protect
the area of the operation;
9. The
name(s) and location(s) of the facility(ies) where all recovered artifacts or
other submerged cultural resources will be stored, analyzed, and
conserved;
10. The name(s) and
location(s) of the facility(ies) where all recovered submerged cultural
resources, artifacts, notes, records, data, photographs, maps, plans, drawings,
or other materials will be curated after conclusion of all conservation,
analysis, or other tasks of the operation;
11. An application fee in the amount of
$30.00, by check or money order made payable to the Georgia Department of
Natural Resources; and
12. Any and
all other relevant data required by the State Archaeologist.
(b) An application is complete
when it contains all of the information, documents, forms, fees, and materials
required in this Rule.
(2) Consideration of Application.
(a) Once an application is complete, it shall
be submitted to the State Archaeologist for review and consideration. Within 10
days of receipt of a completed application, the State Archaeologist, shall
determine in their discretion whether an application presents issues of
significant public interest such that public notice and a public hearing should
be provided. If no public hearing is deemed necessary, then the State
Archaeologist shall formulate a recommendation to the Department on each such
application within 45 days of receipt. The Department shall grant, deny, or
condition the required permit based upon the standards and criteria set forth
in O.C.G.A. §
12-3-82., and as more particularly
provided by these rules.
(b) If a
public hearing is scheduled following 30 days' public notice, then the State
Archaeologist, or his designee, shall conduct such hearing in the vicinity of
the state nearest the subject cultural resources to receive public comments on
the application subject to consideration. Any applicant for a permit or other
interested person shall be given a reasonable period of time to state their
views regarding a pending application. Following this hearing, the State
Archaeologist shall consider the public comments and formulate a written
recommendation to the Department, along with a summary of the public
comments.
(c) If following the
receipt of public comments and the recommendations of the State Archaeologist
the Department determines that the public interest will be served in accordance
with the standards and criteria established by these rules and O.C.G.A. §
12-3-82., then the Department
shall grant, deny, or condition the required permit subject to such terms and
conditions as provided by these rules and as are necessary and appropriate for
the protection of the public interest and the preservation and protection of
submerged cultural resources. All applications shall be acted upon by the
Department within 90 days of the filing of a completed
application.
(3) Standards and Criteria for Permit Review.
(a)
A permit for exploration, survey, etc. of submerged cultural resources shall be
issued only when:
1. the proposed operation,
including all terms and conditions of any permit, is for the purpose of
furthering archaeological or historical knowledge and is in the public
interest;
2. the applicant is a
scientific or educational institution or an individual with evidence of
financial responsibility sufficient to determine that the operation can be
completed as proposed;
3.
state-owned waterbottoms will be restored or stabilized and submerged cultural
resources will be utilized in the state's best interest;
4. the applicant has retained at least one
professional archaeologist to supervise the operation with knowledge and
experience in the proposed operation;
5. the proposed operation will utilize
professionally accepted techniques for identification, exploration, recovery,
recording, conservation, preservation, and analysis of submerged cultural
resources or other archaeological resources;
6. the methods, techniques, and procedures to
be utilized will maximize the retrieval of data associated with the
operation;
7. the methods,
techniques, and procedures to be utilized at the conclusion of the operation
are adequate to protect any residual scientific values associated with any
recovered or remaining submerged cultural resource;
8. adequate measures have been taken to
secure facilities and plan for the conservation, analysis, and curation of all
artifacts, records, and other materials resulting from the proposed operation;
and
9. the proposed operation is
consistent with all other federal, state and local laws, ordinances, and
regulations, specifically including relevant provision of the Georgia Water
Quality Control Act (O.C.G.A. §
12-5-20., et
seq.) and the Clean Water Act of 1977 (33 U.S.C. §
1251.,
et seq.).
(b) Where there are two or more applications
for a permit for explorations, survey, etc., of the same submerged cultural
resources, a preference shall be afforded to the first application in hand
received by the Department and to the applicant who can demonstrate to the
satisfaction of the Department that the applicant first discovered the subject
submerged cultural resource.
O.C.G.A. § 12-3-80et seq.
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