Ga. Comp. R. & Regs. 391-5-9-.05

Current through Rules and Regulations filed through October 17, 2024

Rule 391-5-9-.05 - Permit Procedures

(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.

Ga. Comp. R. & Regs. R. 391-5-9-.05

O.C.G.A. § 12-3-80et seq.

Original Rule entitled "Permit Procedures" was filed on February 9, 1987; effective March 1, 1987.

Amended: F. Mar. 22, 2021; eff. Apr. 11, 2021.