Rule 391-5-9-.06 - Permit Conditions(1) The Department may condition any permit as necessary to protect the best interests of the State.(2) Each permit shall be conditioned upon the permittee's compliance with all applicable federal, state and local laws and regulations.(3) Each permit shall be effective for a period of one year from the date of issuance; provided however, that upon a written request submitted in advance of the date of termination, the Department may in its discretion extend such permit for periods not to exceed 6 months.(4) A permit may be conditioned upon the requirement that the permittee maintain and submit copies of a daily log of all activities, including but not limited to, the type of equipment used, site conditions, and other site-specific data.(5) Each permit shall be conditioned upon the requirement that the permittee submit a draft report to the Department within 120 days of completion of all field work and analysis which details and describes the significant activities and results of the operation. Such draft report shall be reviewed by the State Archaeologist and returned with any comments to the permittee. A final report acceptable to the Department shall be submitted within one year of the completion of all field work and analysis. All final reports shall become a part of the permanent public record of the permitted activity.(6) Each permit shall be conditioned upon the requirement that the permittee agree to indemnify, hold harmless, and defend the State Archaeologist, State of Georgia, Department and its agents, employees or officers from and against all claims, losses, damages, expenses, fines, liabilities, payment of any sum or sums of money to any person whomsoever, damage to property, including property of third person, the Department of Natural Resources, State of Georgia, the permittee(s), arising out of, or in connection with, their performance and prosecution of the operation permitted hereunder, whether caused by the claimed, actual, or sole negligence of the permittee(s). Except that this requirement shall not be applicable to state agencies or the Board of Regents.(7) A permit may be conditioned upon an agreement with the permittee that in reasonable consideration of permittee's efforts to further the public interest of exploration, survey, protection, preservation, or recovery of other related submerged cultural resources, the State agrees to allow the permittee to retain a portion of the recovered submerged cultural resources; provided, however, that without such an express agreement, each permit shall require that all specimens, artifacts, materials, copies of field notes and photographs, documents, and information collected or produced as a result of the permitted operation will remain the property of the State of Georgia and shall be kept as a collection in an appropriate facility(ies), available for future study, research, analysis, or display.(8) A permit may be conditioned upon the permittee's commencement within a certain period of time from date of issuance, and further conditioned upon the permittee's diligent pursuit of all operations.(9) Each permit shall be conditioned upon the right of the Department to enter upon and into all facilities, vessels, or other premises directly associated with the permitted operation for the purpose of inspection and in order to make determinations of compliance with the terms of any permit, these rules, and all other applicable laws and rules.(10) Each permit shall be conditioned upon the requirement that if the Department determines that the permittee has violated the permit, these rules, or other applicable laws then the permit may be either immediately suspended or revoked. By accepting a permit the permittee acknowledges that irreparable harm and damage to state property can occur if the terms of the permit are not followed; therefore, all permits are conditioned upon immediate suspension or revocation which the permittee accepts as an express condition to its operation; provided that permittee accepts as adequate protection of its interests that it may appeal any such immediate suspension or revocation in the manner provided in O.C.G.A. § 12-3-52.(d) and these rules.(11) Each permit shall provide conditions as follows:(a) No permit may be transferred or assigned without the written permission of the Department;(b) The State Archaeologist will be notified by telephone at least 24 hours in advance of commencement of any on-site recovery operations; and(c) The State Archaeologist shall be notified by telephone within three days of completion of all on-site operations.Ga. Comp. R. & Regs. R. 391-5-9-.06
O.C.G.A. § 12-3-80et seq.
Original Rule entitled "Permit Conditions" adopted. F. Feb. 9, 1987; eff. Mar. 1, 1987.Amended: F. Mar. 22, 2021; eff. Apr. 11, 2021.