Altamaha RIVERKEEPER ®

N E W S L E T T E R
Winter 2005
P.O. Box 2642
Darien, Georgia 31305
Telephone 912-437-8164
Fax 912-437-8765
Website: Altamahariverkeeper.org
Email: stewards@altamahariverkeeper.org
Altamaha The Altamaha RIVERKEEPER is working to protect and restore the habitat, water quality,
Riverkeeper and flow of the mighty Altamaha - from its headwaters in the Oconee, the Ocmulgee and the
Ohoopee to its terminus at the Atlantic Coast.
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The Altamaha Riverkeeper’s History:

Five Years of Protecting Georgia’s
Greatest River System
“Never doubt that a small group
of people working together can
change the world. In fact, it is
the only thing that ever has.”
Margaret Mead
What became the Altamaha Riverkeeper
began with a small group of people in the
coastal fishing community of Darien who saw
their “Mighty Altamaha” and its estuary sys-
tem under attack. It was the summer of 1998
and the Georgia Environmental Protection
Division was initiating a River Basin
Planning Process on the Altamaha River. Our
group came together because we wanted to
get someone who was committed to environ-
mental protection appointed to the steering
committee.
Several months earlier coastal citizens
mobilized to protect the Altamaha’s freshwa-
ter resources after a company called TSG
proposed to withdraw and sell large quanti-
ties of water from the Altamaha, the Altamaha Riverkeeper at work in the Oconee River
Savannah, and the Ogeechee Rivers for prof-
the balance of fresh and salt water. Jeannine Cook and the late Carolyn
it. TSG wanted to take a public resource and
As we learned more about EPD’s River Hodges knew about the emerging
turn it into a private enterprise. When the
Basin Planning Process and reviewed the Riverkeeper movement that started on the
company’s request to withdraw 7.5 million
reports from other river systems, we quickly Hudson River with the work of Bobby
gallons of water per day from the Altamaha
realized that a steering committee position Kennedy Jr. and John Cronin. Jeannine got a
became known, people began organizing to
would do little to address the massive prob- copy of the book the riverkeepers and we
fight this plan.
lems facing our river and its vast watershed. began reading about what they had done. As
People who for years had made a living
We were dealing with Georgia’s largest we learned about the problems taking place
from the sea, like Jack Amason, James
watershed – 14,000 square miles including on New York’s Hudson River, we saw simi-
Holland, and Robert DeWitt knew the pro-
Georgia’s fastest growing metropolitan larities with the Altamaha. It appeared the
posed withdrawals spelled trouble. The
regions. We recognized that many of the regulatory agencies were not enforcing many
watermen told of the recent changes they
problems we were seeing on the coast were of the existing laws to protect water quality.
observed in the estuary that supported the
being generated by discharges and with- We learned of other places where fisher-
seafood industry in Georgia. Salt water
drawals upstream. The continued loss of men and environmentalists were joining
species were moving further upstream. There
fresh water caused by upstream users had to together to keep watch on what was happening
was increased stress on reproduction and
be addressed.
growth of the many species that depended on CONTINUED ON PAGE 6
 We Need your Help!!! Get Involved in 2005
It takes all of us working together to protect the Altamaha watershed. Please take time to communicate with your elected officials and state
agencies about your concerns. Working together, we can improve water quality in our watershed.

REPORT POLLUTION Once you notify the proper Fourth District Member-At-Large
PROBLEMS agency, please advise the James W. “Jim” Tysinger Walter A. Hudson Vice Chairman
Who Do You Call? Altamaha Riverkeeper of the 3781 Watkins Place, N. E. 6934 West Broad Street
The Altamaha Riverkeeper complaint so we can follow up. Atlanta, GA 30319 Douglasville, GA 30134
encourages you to report any Also contact the Altamaha Res: 770-457-2375 Bus: 770-942-5641
environmental problems that you Riverkeeper if you do not know Fax: 404-656-4729 Fax: 404-656-4729
observe. Your report creates a whom to call or you are not
Fifth District Member-At-Large
record and should initiate a rapid successful at getting help with
Thomas W. Wheeler, Jr. Phyllis T. Johnson Secretary
response so the agency in charge your problem or you are
P. O. Box 957209 87 Bill Thompson Road
can determine and stop the uncomfortable making a report.
Duluth, GA 30095 Hazlehurst, GA 31539
cause of the problem, evaluate Bus: 770-476-4801 Res: 912-375-9865
any damages and reduce any GEORGIA GENERAL Fax: 404-656-4729 Fax: 404-656-4729
negative effects. ASSEMBLY
Here is a list of telephone num- The Georgia General Sixth District Member-At-Large
bers for reporting problems. Assembly is now in session. Sara S. Clark Sally S. Bethea
Please take every opportunity to 230 Dapplegate Way 3 Puritan Mill
Call the Georgia Environmental learn about legislation being con- Alpharetta, GA 30022 916 Joseph Lowery Boulevard
Protection Department, Regional sidered and communicate your Res: 770-368-8114 Atlanta, GA 30318
EPD offices with problems such concerns with your elected offi- Fax: 404-656-4729 Bus: 404-352-9828
as: cials. The following link provides Fax: 404-656-4729
Seventh District
Erosion & sedimentation; Stream access to information on your Updated January 18, 2005
William A. “Bill” Carruth
buffer concerns; Trash dumping Georgia Representative and P. O. Box 423 Member-At-Large
in a stream; Sewer overflows; Senators. You can also view leg- Hiram, GA 30141 Glenn E. Taylor
Fuel, oil, or other toxic spills; Fish islation and communicate with Bus: 770-445-3224 1080 Donald L. Hollowell
kills. your legislators from this site: Fax: 404-656-4729 Pkwy.,NW
Brunswick: 912-264-7284 www.legis.state.ga.us To con- Atlanta, GA 30318
Albany: 229-430-4144 tact your representatives by Eighth District, Coastal District
Bus: 404-894-7940
Augusta: 706-792-7744 phone call the House Information Jenny Lynn Bradley
Fax: 404-656-4729
Athens: 706-549-4508 Line 1-800-282-5800 or the 1 Sylvan Island Road
Macon: 478-751-6612 Senate Information Line at 1-800- Savannah, GA 31404-5028
Res: 912-354-3260
COASTAL MARSHLAND
282-5803.
Call the Atlanta EPD Fax: 404-656-4729 PROTECTION
Emergency Response Team: BOARD OF NATURAL COMMITTEE
1-800-241-4113 for after hours Ninth District (Committee member name here)
RESOURCES James M. “Jamie” Reynolds, III
emergencies, such as: GA DNR
For your convenience in con- 2561 Lake Oconee Parkway
Sewage spills; Fuel, oil or toxic Coastal Resources Division
tacting the Board of Natural Greensboro, GA 30642
materials spills. One Conservation Way, Suite 300
Resources to provide input on Bus: 706-453-2397 Brunswick, GA 31520-8687
For problems or complaints any DNR issue of interest, the Fax: 404-656-4729 912-264-7218
about Wetlands, call the U.S. following may be helpful:
Tenth District ph# to leave message
Army Corps of Engineers: BOARD FAX NUMBER:
James A. “Jim” Walters 912-262-3143 fax
1-800-449-2402 404-656-4729
BOARD E-MAIL ADDRESS: P. O. Box 2935 MEMBERS
Wetland problems, such as:
dnrboard@dnr.state.ga.us Gainesville, GA 30503 Chairman Commissioner Noel
Filling; Ditching; Construction in
Bus: 770-534-1094 Holcomb
the wetland; Dumping. First District Fax: 404-656-4729 2 MLK Jr. Drive SE, Suite 1252 E
Loyce W. Turner Chairman
For salt marsh complaints Eleventh District Atlanta, GA 30334
608 Howellbrook Drive
Call the Coastal Resources Ralph W. Callaway 404-656-3500 ph#
Valdosta, GA 31602
Division in Brunswick. P. O. Box 2000 912-656-0770 fax
Res: 229-244-1501
Brad Ganes, Ecology Section, Pine Mountain, GA 31822
Fax: 404-656-4729
912-264-7218, or e-mail: Bus: 706-663-5085 Dr. Clark Alexander
brad_gane@dnr.state.ga.us Second District Fax: 404-656-4729 (Chatham County)
Salt marsh problems, such as Cader Cox Henry Williams, Jr.
Filling; Ditching; Construction in 11991 Riverview Road Twelfth District (Camden County)
the marsh; Dumping. Camilla, GA 31730 E. Raybon Anderson Leslie D. Mattingly
Bus: 229-294-4904 P. O. Box 1447 (Glynn County)
Forestry complaints Fax: 404-656-4729 Statesboro, GA 30459 Richard D. Eckburg
Call the Georgia Forestry Bus: 912-764-9084 (Chatham County)
Commission in Macon. Third District Fax: 404-656-4729
1-800-Ga-TREES Earl D. Barrs Altamaha RIVERKEEPER
149 Lamar Street Thirteenth District
Problems such as: Anything that P.O. Box 2642
Macon, GA 31204 Robert J. “Bob” Rutland
causes erosion and sedimenta- Darien, Georgia 31305
Bus: 478-741-8742 160 Clairemont Avenue, Ste. 200
tion; Road construction causing 912-437-8164
Fax: 404-656-4729 Decatur, GA 30030
dirt to go into a steam; Removing
Bus: 404-370-4202 www.altamahariverkeeper.org
the buffer; Cutting trees right up
Fax: 404-656-4729 stewards@altamahariverkeeper.org
to a stream bank.

13 Altamaha RIVERKEEPER ®

Five Years...
CONTINUED FROM PAGE 1
recording site visits and follow up work.
Slowly we learned more about the laws and
regulations that protect water quality. Our
site visits provided first hand examples of
how water quality could be protected by
enforcing existing laws and regulations.
Our findings and observations provided
proof to policy makers, as well as our envi-
ronmental and legal associates, that the laws
and regulations to protect water quality were
not being enforced. The Georgia Center,
Stack & Associates, the Southern
Environmental Law Center, and the Turner
Environmental Law Clinic provided the
ongoing legal counsel and expertise to help us
understand and use the law to protect water
quality.
The Altamaha Riverkeeper’s five pro-
gram areas were developed through observa-
tion and citizen calls for help.
Enforcing the Clean Water Act: This
was a logical place to start because we were
getting reports of problems with discharge
pipes. We learned more about the Clean
Water Act’s provisions for legally polluting
our waterways. Our initial investigations pro-
vided some startling information. Many
clearly polluting discharges were perfectly
legal. We learned that the federal Clean
Water Act (CWA) provides for the legal dis-
charge of pollutants through the National
Pollution Discharge Elimination System
(NPDES) permitting system. Discharges are
permitted by the Georgia Department of
Natural Resources (DNR) Environmental
Protection Division (EPD) and allow the per-
mit holder to discharge specific amounts of
specific pollutants. They are required to self-
monitor their discharge and report on how
they are doing in regard to their permit
through monthly Discharge Monitoring
Reports (DMR’s). When a citizen reports a
problem pipe, we visit the site to evaluate and
document the problem. At the same time, our
attorneys from the Georgia Center for Law in
the Public Interest (GCLPI) research the
required DMR’s to determine whether the
permit holders are reporting any problems.
To our great surprise, we found that compa-
nies often were reporting violations of their
permits month after month, yet they are
allowed to continue subjecting the river to
additional pollution.
Over the last five years, ARK has devel-
oped significant expertise in bringing legal
actions to protect our watershed. Through the
efforts of our attorneys, we have successfully
Altamaha RIVERKEEPER ®
prosecuted five Clean Water Act cases
(Amercord, Lumber City, Cochran,
Sandersville, Imery’s Kaolin) resulting
in positive court rulings or negotiated
settlements to protect water quality. We
have also resolved two permit appeals
(Rayonier & Georgia Pacific) through
settlement negotiations. In each of
these cases, ARK worked with citizens
to identify problems, build successful
legal arguments, and create both the
evidence and standing to resolve the
pollution issues.
Protecting Forested Wetlands:
Soon we were learning more about the
loss of forested wetlands and their con-
version to pine plantations. We found
that Georgia’s Best Management
Practices (BMP’s) for harvesting timber are
voluntary and in many cases not being fol-
lowed. Non-compliance with BMP’s results
in degradation of water quality and the
destruction of valuable wetlands. Conversion
of wetlands to pine plantations is still being
practiced with negative consequences to the
hydrology of the entire region.
ARK has worked with property owners to
visit and document dozens of violations of
BMPs in wetlands. We have asked the
Georgia Forestry Commission (GFC) to
require timber harvesters to comply with the
Clean Water Act (CWA) and use BMPs when
harvesting timber in wetlands. Forestry prac-
tices are exempt from the Clean Water Act
(CWA) if they follow BMPs, but too often the
BMPs are ignored. We have called upon the
Environmental Protection Agency (EPA) to
cite timber harvesters when they violate the
CWA while harvesting timber. Property own-
ers and their downstream neighbors continue
to contact ARK for advice and assistance in
working to protect water quality when timber
is being harvested. ARK will continue to
work with landowners, the GFC, and the EPA
to improve timber harvest practices in wet-
lands and reduce the conversion of wetlands
to pine plantations.
Enforcing the Coastal Marshland
Protection Act: Rapid development of
Georgia’s coast impacts our watershed.
Wetlands are continuously being drained and
filled and river and marsh front is developed.
Working to enforce the Coastal Marshland
Protection Act (CMPA) and other provisions
to protect the estuary will require even greater
attention in the future as coastal development
continues to escalate. ARK reviews permits
before the Coastal Marshland Protection
Committee (CMPC) and participates in
CMPC meetings as an advocate for enforcing
the CMPA to protect our marsh and estuary
system. ARK has been a party to two CMPA
appeals (Emerald Point & Manhead Marina)
successfully prosecuted by the SELC and one
(Mayhall Island) that was resolved by settle-
ment.
Erosion and Sedimentation: Large
quantities of dirt entering our rivers and
streams are reported and observed on a con-
tinual basis throughout the watershed. New
construction activities and the development
of new roads are common sources of dirt
entering our waterways and marshes. Poor
agriculture and development practices also
contribute to the degradation of the watershed
by erosion and sedimentation. ARK works
with citizens to document and report E & S
violations and encourage local governments
to require the use of erosion prevention meas-
ures in construction projects.
River Flow: As Georgia’s cities grow and
develop, there is more and demand for water.
The problems caused by loss of natural water
flow are becoming more visible throughout
the watershed. Every withdrawal and reser-
voir upstream diminishes the fresh water flow
to the estuary. ARK monitors the withdrawal
of fresh water throughout the watershed and
advocates maintaining an adequate fresh
water flow to sustain the health of the river
system and the estuary.
ARK must maintain a strong membership
and organization to monitor these five areas
for a healthy watershed. The Altamaha
Riverkeeper has gained significant support
and recognition for our efforts to protect the
watershed over the past five years. We are
grateful to hundreds of people who care about
the river and provide the generous financial
support that makes our work possible. As we
continue into the future, the vision of our mis-
sion remains sound.

8
 River Conservationist of the Year
James Holland, the Altamaha
Riverkeeper, has been selected to receive the
distinction of River Conservationist of the
Year by The Georgia River Network.
Holland will be honored during a ceremony at
the 2005 Georgia River Network Conference
at the statewide organization’s 1st Annual
River Celebration Awards.
River Conservationist of the Year is
awarded to an individual whose efforts to pro-
tect Georgia’s rivers have had a positive
affect on Georgia’s waters.
According to the Georgia River Network,
Oconee County Residents Object to
Stream Destruction
Stream banks destroyed near Epps Bridge.
When citizens witnessed the complete
eradication of a stream and the clearing of all
of the trees from its former bank, near the
town of Watkinsville, they called on the
Altamaha Riverkeeper for help. Holland
investigated the 42-acre site of a new devel-
opment near Epps Bridge Parkway and dis-
covered a valley of red clay where once there
had been trees and other vegetation.
At the same time, the DNR Board of
Natural Resources was working to reduce
stream buffer protection throughout the state
by granting stream buffer variances for head-
water streams.
In most areas of Georgia the responsibil-
ity for enforcing Erosion & Sedimentation
Altamaha RIVERKEEPER ®
the award recognizes an individual who has
demonstrated leadership, inspired the work of
others, utilized innovative strategies and tech-
niques to achieve significant results, and fos-
tered the growth and sustainability of a water-
shed community.
The Land-Water Connection will be the
topic of the conference, February 18-20, in
Milledgeville at the Georgia College and
State University. If you are interested in
learning more about the conference call the
Georgia River Network at 706-549-4508 or
check out their website at www.garivers.org.
laws is delegated to the local government but
they are not given the authority to grant vari-
ances on stream buffers. It appears that the
local government in Oconee County granted
this variance without authority.
In requests for help to the Altamaha
Riverkeeper, Oconee County residents com-
plained their local officials and development
planners were not listening to their concerns
over bad development, nor were elected offi-
cials listening to their constituents at county
commission meetings.
Residents also criticized the
Environmental Protection Division (EPD)
because the agency had not required develop-
ers to obey the erosion and sedimentation
laws. There were more complaints because
the EPD said they did not have enough staff
and sent the concerned citizens to the local
issuing authorities (LIA). According to EPD,
local government was supposed to take care
of erosion and sedimentation (E&S) con-
cerns.
These are typical of the complaints we
hear up and down the Altamaha Watershed.
The EPD is the agency in our state
charged with protecting the environment and
even if they are short of staff, it is nonsense
for them to send citizens to the issuing
authority with an environmental concern.
Most sub divisions, shopping center com-
plexes, and developments that disturb more
than one acre of earth come under a “General
National Pollution Elimination System
(NPDES) Permit” for discharge of storm
water from a construction site. This is a
Federal Clean Water Act (CWA) Permit,
administered by the Georgia EPD for the
Federal Environmental Protection Agency
(EPA).
Local issuing authorities are not author-
ized to enforce a NPDES permit; ONLY the
EPD is authorized to enforce this permit. If
there are stream buffer and erosion concerns
on these sites, the EPD should be responsive
to local residents.
ARK applauds the efforts of Oconee
County residents for getting involved and
protecting downstream property rights and
water quality. When you see poor develop-
ment practices and violations of Erosion &
Sedimentation laws, please take action to
report these problems to the EPD and your
local government. Working together, we can
protect water quality and downstream proper-
ty rights.

2
 Highlights of the Altamaha Riverkeeper
Fishing Rodeo and River Clean Up
Think about planning a relaxing day of the River Clean Up and Fishing Rodeo: Isles Marina; Sun Trust Bank, SE Georgia
fishing and fun, the anticipation of spending Members of the Ohoopee River Canoe Club, In Laurens County: Dubose Porter; Laurens
time on a beautiful river and upon arrival at Neil Carey, Robert DeWitt, Rene DeWitt, County Sportsman Club
your favorite spot, finding it covered in trash. Rett Davis, Evan Morris, Ron Morris, Ann In McIntosh County: Dixie Transmissions;
That was the inspiration for the Altamaha Trapnell, Marilyn Lanier, Linda Daniels, J D First Georgia Hardware & Marine; Georgia
Riverkeeper’s Fishing Rodeo and River Daniels, Ann Marie Prince, Jason Strickland, Commercial Fishermen; Harris Ace
Clean Up held in Wayne County on Tracy Adams, Richard Madray, Skipper Hardware; Lilliston Ford; Lockwood Marine;
September 25th. Riggins, Faye Davis, Walter Ogden, Bruce McIntosh Rod and Gun Club
Old televisions, microwaves, stereo Berryhill, Wendell Berryhill, Kary Davis and In Toombs County: Sullivan Environmental
equipment, box springs, bait buckets, bags of Aoki Yanagiya, Motoki Yanagiya, Nanae Services
clothes, and hundreds of beer bottles were Yanagiya. In Wayne County: Beverly Tire and Oil
some of the items of trash removed from the Please support the sponsors for the Company; City of Jesup; Eagle Pawn;
banks of the Altamaha River by volunteers Altamaha Riverkeeper Fishing Rodeo, busi- Greenview Polled Hereford Farms; Harper
working on the Clean Up. The diligent crew nesses that help support a clean river. Gas Service, Inc.; Harris Ace Hardware;
filled a one-ton container with trash picked up In Appling County: Seven Rivers Resource Interstate Federal Credit Union; Murphy
from Upper County, Oglethorpe Bluff, and and Development Area, Inc. Builders Supply; ONYX Way Services S.E.;
Jay Cee landings in Wayne County and In Bleckley County: Tim Knight & Family Sybil’s Family Restaurant; Ted Odom;
Johnston Station Landing in nearby Long In Glynn County: Express Lube & Car Western Sizzlin Steakhouse
County. Wash / Hwy. 341/Winn Dixie Plaza; Golden
“The river offers a great place for boat-
ing, fishing, and appreciating nature and pro-
vides a habitat for hundreds of animals and
plants. Local counties have gone to a lot of
expense to provide and maintain public
access to the river at these landings. It is a
shame that people trash beautiful and impor-
tant assets to our region. The clean up was a
way to promote stewardship of the river and
discourage future dumping and careless litter-
ing. People should take pride and protect
these rivers. With care, we can maintain our
waterways as a legacy for the future, one that
will sustain healthy populations of fish and
wildlife.” says James Holland, the Altamaha
Riverkeeper. Rodeo Fishermen
The clean up was part of Rivers Alive, a
statewide effort to beautify Georgia’s water
resources, sponsored by the DNR’s
Environmental Protection Division and Keep
Georgia Beautiful.
Meanwhile that day, at the Altamaha
Riverkeeper Fishing Rodeo at Upper County
Landing, Wayne County resident, Karey
Davis caught the largest bass and won the
$200 dollar prize for his 2-pound catch and
Wendell Berryhill from Bleckley County
caught the largest catfish and the largest
bream and won $100. Nothing kept these
fishermen from being winners, not a high
river or threats of a hurricane. It was a great
day for everyone involved.
The Altamaha Riverkeeper wishes to
thank all the sponsors and participants in the
Fishing Rodeo and River Clean Up and as
Holland, the Altamaha Riverkeeper says,
“the critters thank you too.”
Special thanks go to our participants in Clean up participants.

9 Altamaha RIVERKEEPER ®
 The Altamaha Riverkeeper’s 5th Anniversary
Everyone had a great time at the 5th Anniversary celebration.
It was a wonderful day with friends from
all over the state who came to celebrate the
Altamaha Riverkeeper’s 5th Year
Anniversary in Hawkinsville. Thanks to the
gracious hospitality of Bub and Mary Lynde
Way, who shared their great river house on
the banks of the Ocmulgee, over 200 guests
enjoyed an afternoon of fishing, canoeing,
and boat tours of the river. Lunch was a treat
of low country boil, fresh fried fish, and a
table full of home made desserts.
Entertainment featuring river music and
songs was provided by Joyce and William
Ellison. ARK staff gave a presentation on the
organization’s work, presented its board of
directors with plaques for outstanding serv-
ice, and gave a special award “Volunteers of
the Year.” to Wendell and Kathleen Berryhill.
ARK members had a chance to share tales
from all over the watershed and the impor-
tance of keeping it healthy. During our time
on the Ocmulgee, one of the four great rivers
that make up the system, everyone had a great
time.
Our special thanks to: Our guests, who
brought the tasty deserts and shared the cele-
bration; The cooks, Robert DeWitt, Carl and
Jackie Poppell, James & Sumiko Holland, Pat
& Ferrell Griffin, Wendell and Kathleen
Berryhill, Bruce Berryhill and Katrina Joren;
The boat captains, Butch Hall and Travis
Bentley for providing the wonderful tours of
the Ocmulgee River and thanks to Ed
McDaniel for providing his boat; Alan and
Pat Sproles and Robert Dewitt for donating
food and supplies; Greg and Karen Dollar at
Harris Kountry Meats for donating the great
sausage.

Destruction... opers claim their property rights are being

taken and too much regulation is slowing
strates that new waterfront development is
rapidly changing the landscape with little
CONTINUED FROM PAGE 4
development. concern about impact on the property rights
docks in the marsh without considering how A short visit by air, land, or water to any of existing landowners or the marsh ecosys-
these developments would impact the marsh. county on the Georgia coast quickly demon- tem.
In both cases the courts supported the state’s
responsibility to consider the impact of
upland development on the marsh before
granting permits.
Neighbors and advocacy groups continue
to come before the CMPC asking that new
projects not be allowed to destroy the charac-
ter of their existing neighborhoods.
Meanwhile developers say their projects have
to be closer to the water and have smaller lots
to achieve their profit margin. Very often,
over the objections of existing residents and
advocacy groups, the new developers are
granted permits.
In community after community, the rights
of developers are trumping the rights of exist-
ing property owners as they strive to maintain
their quality of life, water quality, and view of
the marsh or beach. As developer’s “rights to
increase profit margins” control decision-
making on land use and public resources, the
very thing that makes the Georgia coast desir-
able, is rapidly eroding.
Meanwhile, a small group of angry devel-

Altamaha RIVERKEEPER ®

10
 Water Quality Problems in the Oconee River
The Oconee River begins its journey to the
sea north of Athens in the foothills of the
Georgia Mountains. The Oconee and her
waters have been a source of food, transporta-
tion, and economic opportunities for genera-
tions of people who have used and abused its
rich and abundant natural resources.
ARK is now hearing from an alarming
number of people concerned about the many
assaults facing the Oconee. We are grateful to
the many citizens who have gotten directly
involved in protecting the Oconee River.
Please send your tax-deductible donation
today to help support this work.
Soap Creek Bubbles Over
into the Oconee River
It was hard to miss the foam coming from
the City of Dublin’s wastewater treatment
pipe as it emptied into Soap Creek and head-
ed to the Oconee River. It flowed into the
river creating a giant bubble bath for all to
see. Local citizens called on ARK to address
this problem in early 2004. Numerous trips to
document the discharge indicated it was not
an isolated event. Over several months, the
foam just kept on coming, and that was not
all.
On one trip to document the problem,
Altamaha Riverkeeper, James Holland, found
the area surrounding the pipe littered with
what appeared to be untreated sewage. Toilet
paper and condoms were hanging in small
trees next to the
creek. These are
clear indicators that
unprocessed sewage
has been discharged
into the river.
Shortly after ARK
reported this prob-
lem to the EPD and
the local media, city
workers cut down
and disposed of the
small trees and their
unsanitary and
unsightly orna-
ments.
After document- Foamy discharge in Dublin.
ing the continuous
nature of the problem discharge, ARK filed a pipe. Indeed, the flow of wastewater was
60-day notice of intent to sue under the Clean minimal at that time because the vast majori-
Water Act. Dublin officials denied any prob- ty of wastewater was being sent to SP
lems but invited ARK’s staff, attorneys, and Newsprint. While we remain concerned
experts to meet with them and tour their about this facility, it appears that Dublin offi-
wastewater treatment facility. cials are working to clean up the discharge.
It is our understanding that the foamy dis- ARK continues to monitor Dublin’s dis-
charge is the most severe during the time peri- charge pipe and encourages everyone who
od when neighboring SP Newsprint is not tak- uses the river near Dublin to keep their eyes
ing the City’s wastewater. and noses alert for problems when they are in
At the time of our visit, Dublin’s waste- the area. If you see problems, please docu-
water facility was operating properly and ment by photos or written descriptions and
there was no visible foam or other question- contact EPD and ARK to follow up.
able materials being discharged from their

Is it legal to discharge six pounds of

shredded plastic daily into a river?
The Altamaha Riverkeeper
doesn’t think so.
Alert citizens hold the key to improving
water quality in our watershed. Quick action
on the part of a family who fishes in the
Oconee River brought Altamaha Riverkeeper,
James Holland, back to the same Oconee
River landing near Dublin just months after
responding to complaints about the City of
Dublin’s Wastewater Treatment Plant.
Holland was alerted to a problem when
their fishing lines, and they said they had seen
it before.
After securing more details on the loca-
tion and nature of the discharge, Holland pre-
pared for a trip to Dublin to investigate the
situation. He identified the pipe as belonging
to SP Newsprint, a newspaper recycling com-
pany formed by a general partnership
between media corporations - Cox
Enterprises, Knight Ridder, and Media
General. While we speculated about the pos-
the water’s surface, as well as, foam and a
pungent nasty smell bubbling up through the
water. This did not appear to be a short-term
problem and the source of the plastic was
troubling. Upon close examination, the plas-
tic pieces appeared similar to the plastic bags
you get at the grocery store. We speculated
on how this plastic film might make its way
into the discharge water, but soon we came to
understand where the plastic came from and
CONTINUED ON PAGE 11

sportsmen in Dublin reported that while fish-
ing at their favorite drop they were pulling in
shredded plastic on their lines. The report
was quite unusual and the fishermen were
very concerned. Bubbling up from the center
of the river from what appeared to be an
underwater pipe, they saw a stream of small
pieces of shredded plastic, an inch or more in
diameter, being discharged into the river.
There was enough plastic to get caught in
sible source of the plastic, at first we assumed
that the fishermen had happened upon some
kind of unusual problem event in the recy-
cling facilities operation.
Holland traveled to Dublin fully expect-
ing the problem discharge to be gone.
Unfortunately, his observations that day were
cause for great concern. He collected a bag of
plastic pieces, some black, some blue, and
some tan. He also observed an oily scum on Plastic pieces in Oconee River.

3 Altamaha RIVERKEEPER ®
Oconee...
CONTINUED FROM PAGE 3
why.
ARK continued to investigate the dis-
charge pipe – going back many times to doc-
ument the same continuing problem. We
learned that the plastic discharge was routine
and had been occurring for several years. As
we talked with more and more people who
used the river, we learned more disturbing
facts about the continuous flow of plastic
pieces into the river. We learned that many
people had stopped fishing the area long
before due to their concerns about what this
pipe was spewing into the river.
It seems that the plastic itself was just
what it looked like, shredded pieces of plastic
bags. The SP Newsprint mill receives news-
papers from 230 suppliers and more than
7,000 receptacles located at schools and busi-
nesses in 10 states. It shreds the old
newsprint to produce recycled paper.
Unfortunately, many of the newspapers
placed in recycling receptacles are left in
plastic sleeves or deposited in plastic bags. If
the plastic bags are not removed from the
massive piles of used newspaper before the
shredding process begins, they become small-
er and more difficult to retrieve from the
water used in processing the pulp fiber. This
water is combined with other processed
wastewater from the plant and discharged
into the Oconee River in an underwater pipe.
Maintaining that this is a legal discharge, SP
Newsprint has allowed the pieces of plastic to
end up in the river.
The company orgionally estimated it dis-
charged approximately six pounds of plastic a
day into the Oconee River. ARK’s Executive
Director Deborah Sheppard notes, “This dis-
charge amounts to over one ton of shredded
plastic in the river every year. It is unhealthy
for the river, the fish, and people.”
In August 2004, the Altamaha
Riverkeeper filed a sixty-day notice of intent
to sue SP Newsprint under the federal Clean
Water Act (CWA). The CWA allows specific
pollutants in specific quantities to be dis-
charged into our nation’s waterways through
National Pollution Discharge Elimination
System (NPDES) permits. In Georgia, these
permits are granted and monitored by the
state Environmental Protection Division
(EPD).
In passing the Clean Water Act in l972,
Congress included citizens suit provisions to
allow ordinary citizens to become directly
involved in enforcement actions. Congress
recognized that no matter how much authori-


11
ty was vested in the federal and local govern-
ments to enforce environmental laws, govern-
mental agencies, for many reasons, might not
always be willing to go after industrial or
municipal polluters.
Citizen suit provisions enable local citi-
zens to “step into the shoes” of government
prosecutors and take polluters into court to
demand an end to harmful activities, clean
ups and fines. Under the CWA section 505,
“any citizen may commence a civil action on
his own behalf against any person…. who is
alleged to be in violation of any effluent stan-
dard or limitation. This means that citizens
harmed by violations of our nation’s environ-
mental laws, need not wait for the govern-
ment to act to put an end to pollution.
Citizen suits against polluters under the
Clean Water Act typically begin with the fil-
ing of a 60-day letter of intent to sue. This
means that plaintiffs, like ARK, must wait at
least 60 days after putting the alleged viola-
tor on notice before filing a lawsuit in court.
This notice letter serves to give the alleged
violator a chance to cease the polluting activ-
ity and it allows a state or federal environ-
mental agency to exercise its prosecutorial
power and go after the polluter itself.
After receiving the 60-day notice letter,
SP Newsprint’s attorneys contacted ARK’s
attorney, Justine Thompson, at the Georgia
Center for Law in the Public Interest and
requested a meeting at the plant site. ARK’s
staff, attorneys, and experts met with officials
from SP to tour their facility and learn about
their efforts to remove plastic from the waste
stream.
ARK and SP Newsprint agreed to attempt
to resolve this matter outside of court through
a negotiated settlement between both parties.
As we go to press, ARK continues to negoti-
ate with SP regarding specific measures that
can be taken to eliminate the plastic from the
discharge. If we cannot reach resolution,
ARK’s attorneys are prepared to file suit in
Dublin Division of US District Court. EPD
has received notice of the violations but has
not responded.
Updates on this case will be posted on our
website at www.altamahariverkeeper.org and
sent to members on our email alert system.
You can help SP Newsprint and ARK to
keep the plastic out of the Oconee by telling
everyone you know to keep plastic bags out
of newspapers to recycle.
Thanks to the Georgia Center for Law in
the Public Interest and Stack and &
Associates for representing ARK in this case
and to the citizens who reported this and other
water quality problems to ARK.
Fund Raising
Challenge
ARK wants to thank all of our
members. Your support allows us
to continue our work to defend the
right to a clean and healthy supply
of water in the Altamaha River
Watershed for all citizens. Over the
last five years, you our members
and ARK’s Board of Directors
have supported our mission and
given your time and money gener-
ously. We appreciate your support.
Our foundations have been sup-
portive as well. A new challenge by
the Mott Foundation is offering to
award the Altamaha Riverkeeper
an additional $10,000 if we receive
$10,000 in donations at or above
the $1,000 level from individuals
who previously have not given at or
above this level.
If you are able and willing to give
at this level for the first time we will
share a special river excursion with
the Riverkeeper with you and three
of your friends. Experience first
hand what we all work so hard to
protect. You may take a tour of the
delta or upriver and the outing will
include a picnic on the river or
sandy beach. Whichever tour you
choose it, will be an unforgettable
trip.
We need and appreciate your
support at any level. If your mem-
bership has lapsed, please renew.
If you have a friend who might be
interested in our work please refer
them to us or contact us and give
us their name and address. All
contributions make a difference
and help support the Altamaha
Riverkeeper’s work to protect the
Altamaha, Oconee, Ocmulgee, and
Ohoopee Rivers, our watershed,
and delta.
Altamaha RIVERKEEPER ®
 “When things get so far wrong as to
attract their notice, the citizens,
when well informed, can be relied
upon to set them right.”
- Thomas Jefferson
principal characteristics of the Riverkeeper
movement is the willingness to use litigation
as a tool to protect local communities and it
worked.
The knowledge and information Robert
and James gained by visiting throughout the
watershed, even before we were a full fledged
Riverkeeper organization, paved the way for
what we were to become. We knew that
responding to citizen complaints could be a
very valuable educational tool. Today, after 5
years as an organization, the Altamaha
Riverkeeper has responded to over 500 citi-
zen complaints, taken thousands of photo-
graphs, and written dozens of letters to regu-
latory agencies asking for their help in halting
pollution problems.
ARK’s Issues Work
Five Years of Evolving to
Meet the Needs of Our Rivers.
Our greatest accomplishment is helping
citizens become aware that when government
agencies fail to correct water quality prob-
lems in their communities and backyards, cit-
izens can take action, get laws enforced, and
protect public resources. In many cases peo-
ple knew the conditions existed but had no
faith in their elected and appointed officials to
correct the problems. James could probably
write a volume about things he has heard cit-
izens say, like, “They ain’t going to do any-
thing about my problems”. The sad thing was
they were referring to their government.
Citizens have now learned through the
Altamaha Riverkeeper’s work that under U.S.
law, individuals and organizations have the
right to bring lawsuits against polluters.
ARK’s mission is a big one: To protect
and restore the water quality and flow of the
mighty Altamaha- from its headwaters the
Ocmulgee, the Oconee, and the Ohoopee to
its terminus at the Atlantic Ocean.
ARK’s founders were very clear in their
desire to create an organization whose scope
of work would include the entire watershed
and estuary system. We soon learned that our
14,000 square mile watershed was not only
special to those of us who have been fortunate
enough to know it but that our rivers also held
national and international significance. The
Altamaha watershed is considered the second
largest drainage area east of the Mississippi
River. The lower Altamaha was designated
by The Nature Conservancy as one of the

7
“Last Great Places” in the world. It sends
100,000 gallons of water to the Atlantic every
second, historically creating the most produc-
tive estuary habitat in Georgia. Its delta pro-
vides food for thousands of migratory birds
from around the world. In 2002, the national
organization American Rivers named the
Altamaha as the 7th most endangered river in
the United States.
Exactly how would the Altamaha
Riverkeeper’s work be different from all the
many important policy and educational
groups that were already underway through-
out the state? How would we use our very
limited resources to change the way people
viewed this precious watershed? How could
our efforts possibly “protect and restore water
quality and flow” of a 14,000 square mile
region?
We were guided from our beginnings by
the basic principles of the “Waterkeeper”
movement. Started in America in l983 by
fishermen on New York’s Hudson River, the
diverse and loosely affiliated “keepers” share
the guiding principle that citizens can and
should assist government regulatory agencies
in enforcing the laws developed to protect
water quality. Since rivers cannot speak for
themselves, one person is designated as the
“keeper” with the job of being the spokesper-
son for the water body. That person actively
seeks the help of people who use the river to
gather ongoing information about water
quality and specific problems that impair
water quality.
Many strong laws and regulations protect
water resources at the local, state, and federal
level but far too many are not enforced for
reasons ranging from lack of resources to lack
of political will or economic ability. In
Georgia, we are fortunate to have many state
and national organizations that focus their
work on the development of sound policy.
Still others work with communities to help
them organize their efforts to fight particular
projects or protect specific places, but work-
ing with individual citizens to address specif-
ic pollution problems seemed to be the miss-
ing element. As important as the individual
cases were, few organizations were willing or
able to respond to the concerns of individual
citizens desperate for help in interpreting the
law and understanding their rights. As we
traveled the watershed people related the
problems they experienced and their growing
sense of hopelessness in getting something
done. ARK wanted to become the organiza-
tion to fill this void.
We knew our watershed was facing
“death by a thousand cuts” and one cut at a
time would be our goal. Our work would
attempt to build support, change policy, and
protect our precious watershed.
If laws that protect water quality were not
enforced for citizens then what good was pol-
icy? ARK would work to link the strong laws
that protect water quality with enforcement.
We would respond to problems presented by
citizens, evaluate them for compliance with
laws and regulations, and act to secure
enforcement. Then we could make a differ-
ence. Our work is about every American’s
right to protection. To refer to the riverkeep-
ers “ The environment is our neighborhood,
our community; it is our quality of life, a right
for every American.”
As people heard about our organizing
efforts, citizens began to report problems and
call on the Altahama Riverkeeper for help.
We established a process for conducting and
CONTINUED ON PAGE 8
Altamaha RIVERKEEPER ®
Across the street...
CONTINUED FROM PAGE 5

structures now darken and block the river

view along Broad Street, the street closest to
the river. Prior to the condominiums, all the
residents and businesses along Broad Street
had a beautiful view of the Darien Waterfront,
docked shrimp boats, the wide expanse of
marsh and river and spectacular sunsets.
Beyond the immediate impact, the river views
of other residents and pedestrians are blocked
as well; where there was once an expansive
view of the Darien River and marsh, now
there is darkness. Crossing over the Darien
River on old Highway 17, the town’s pictur-
esque landmark used to be the ruins of the
historic tabby warehouses and the Strain A new view of the marsh.
Building, now the area is dominated by ugly
condominiums. The landscape is changed and the neighbor’s
forever. individual property
To realize what this really means you need rights.
to understand one of the main reasons why Is our Coastal
people live on Georgia’s coast. Many new Marshland Protection
and long time residents bought property and Committee out of
made their homes here simply for the view, control? Are they
which they consider sacred. They love to see doing their job?
the sun rise and set on the vast area of marsh Aren’t they supposed
and river. to be working for us
The General Assembly recognized this to make sure “that
when the Georgia Coastal Marshlands activities and struc-
Protection Act was written and included tures in the coastal
restraints to protect the rights of adjoining marshlands are reg-
riparian landowners. These excerpts are ulated so that the val-
taken from the Marshland Protection Act: ues and functions of
12-5-288. Restriction on granting of per- the coastal marsh-
mit; size restriction; activities and structures lands are not
considered contrary to public interest. impaired”? Does the
(1) Filing of marshlands for residential, Committee care
commercial, and industrial uses about our natural
7) Construction of structures that consti- resources and indi-
tute an obstruction of view to adjoining vidual property
riparian landowners, including signs and rights? If you care
enclosures; about the long-term
The Settler’s Bluff project has filled the protection of the
marsh for residential development and built Georgia coast, you
structures that block the view of adjoining need to be asking
riparian landowners. The CMPC and the these questions and
CRD should enforce the law. They should getting answers. Move over shrimp boats...
review the impact of projects requesting Georgia needs to
marsh permits to evaluate not only the impact maintain strong protection for its coastal developments at the expense of the publicly
of docks or bridges in the marsh, but also the marshland. Please contact your state senator protected marsh ecosystem. The Coastal
impact to upland developments. This and representative today and ask them to sup- Marshland Protection Act exists to protect the
includes the individual property rights of port strong protection on issues that affect our coast for future generations, not to provide
the people who own adjacent property and marsh, such as, upland impact, density, and large short-term real estate profits. Your help
live in this area. It is the Committee’s respon- storm water run off. Ask them to oppose any is needed to bring reason to this discussion.
sibility to look at upland impacts, the Act is efforts to weaken the CMPC or buffer laws to It is our coast and we must all act now to
very clear in this respect. In ARK’s opinion, allow construction closer to the water. protect it.
the Committee’s failure to do its job properly Some coastal developers are working hard
with Settler’s Bluff appears to violate the law to create greater short-term profits for their

Altamaha RIVERKEEPER ®

12
Please support the Altamaha Riverkeeper’s work to protect the Altamaha River and watershed - from
its headwaters in the Ocmulgee, Oconee, and Ohoopee Rivers to its terminus at the Atlantic Coast.
Your donation will help to keep the rivers healthy for people, fish, and wildlife, now and for the
Thanks to
future.

( ) $30 Individual ( ) $40 Family/Dual ( ) $15 Student/Senior Citizen/Volunteer

our Volunteers
( ) $50 Patron ( ) $100 Sponsor ( ) $150 Protector ( ) $250 Friend ( ) $500 Benefactor Don & Doris Cohrs
( ) Any other amount_______________ ( ) $45 Newsletter Subscription Only Ellie Legg
For donations of $250 or more, members will receive a first edition set of note cards with photographs Jean Norris
of inhabitants of our watershed, taken by the Altamaha Riverkeeper. Joe Durrett
Please accept $__________ as a gift membership for: Name_________________________________ Tommie Kapler
Address__________________________________________________________________________ South Wings
____In memory of a loved one ____In honor of a special person or loved one Bruce and Wendell Berrryhill
____Please make my donation anonymous. Sherry Burns
Greg Milks
Your Name:_______________________________________________________________________ Mike Evans
Address:_________________________________________________________________________ Christine Rodick
Violet Dawe
City:_________________________________________ State:__________ Zip:_________________
Burnadine Belmore
Phone:_____________________(H) _____________________(W) ______________________(Fax) Mary Mellein
Email:__________________________________________________________ (Please print clearly) Lisa Knighton
( ) Please include me in the Altamaha Riverkeeper Action e-mail list. Dr. John Bembry
Please make membership and donations payable to the Altamaha Riverkeeper, Inc. The Altamaha Bub and Mary Lynde Way
Riverkeeper organization is a 501 © 3 organization and all donations are fully tax deductible. Please Lauren County Sportsman Club Members
return this form with your donation to Altamaha Riverkeeper, Inc., P.O. Box 2642, Darien, Georgia The many people in Athens who have
31305. Website: AltamahaRiverkeeper.org.
been so generous and helpful.
Thank you!!

ing label. Please send your tax deductible donation today.

watershed. Your membership expiration date is listed on your mail-
Deborah Sheppard, Executive Director
Your membership contributions help us to keep working for your Constance Riggins, Development Director
James Holland, Altamaha Riverkeeper
Debbi Davis, Administrative Tech
Staff
Mary Ellen Wilson, Eastman
Ann Trapnell, Metter
Janisse Ray, Baxley
Carl Poppell, Darien
Richard Madray, Jesup
Marilyn Lanier, Cobbtown
Christi Lambert, Darien
James Holland, Brunswick
Neill Herring, Jesup
Len Hauss, Reidsville
Kyla Hastie, Athens
Wright Gres, Baxley
Robert DeWitt, Darien
Bruce Berryhill, Cochran
Tracey Adams, Vidalia
Board Members
Altamaha Riverkeeper

Riverkeeper
Altamaha
RETURN ADDRESS REQUESTED

DARIEN, GA Darien, Georgia 31305

PERMIT #15
PAID P.O. Box 2642
US POSTAGE Altamaha RIVERKEEPER ®
PRSRT STD
Five Years... stantial amount of money to
get underway. Friends were
CONTINUED FROM PAGE 1 asked to be members and
to their river. The people in these groups grant proposals were devel-
were gathering information, documenting oped and the Sapelo
problems, and urging the state environmental Foundation granted “start-
regulators to enforce the law. Citizens were up” funding. Dave Kyler
helping those charged with protecting water and Kyla Hastie filed incor-
resources to do their jobs. poration papers and applied
As the number of people who wanted to for approval for our organi-
form “waterkeeper” groups increased, the zation to be a part of the
national Waterkeeper Alliance (WKA) formed Waterkeeper Alliance and
to bring the existing “keeper” groups togeth- use the keeper name. In
er and to set standards for new groups who April l999, the Altamaha
wanted to use the name. Being a “keeper” Riverkeeper was approved
organization required making a commitment as the 26th keeper program.
to have a full time advocate for your body of That summer, Wright Gres,
water. That person, the Riverkeeper, would an ARK board member,
attended the WKA meeting representing the Riverkeeper and Deborah Sheppard as
be the central spokesperson for the river.
Altamaha Riverkeeper. Janisse Ray wrote Executive Director, the Altamaha
Each keeper group works to promote the
articles about ARK’s founding that quickly Riverkeeper was in business and ready to go
awareness and enforcement of local, state,
got the word out. Dozens of people got to work.
and federal laws to protect water quality and
involved in getting this new advocacy group ARK’s Work Begins
flow.
underway. James Holland and board member Robert
Our group decided a Riverkeeper organi-
As the group came together, each person’s DeWitt traveled the watershed building sup-
zation was needed for the Altamaha. We
skills were tapped to develop this new organ- port for our organization. ARK volunteers
began to identify people who wanted to see
ization. The Altamaha watershed covers 1/4 went to all kinds of meetings and talked about
the river protected. Our numbers kept grow-
of the state of Georgia. We knew we were the new organization called the Altamaha
ing until we had business people, environ-
taking on a big mission but we did not see any Riverkeeper. What we did not know was that
mentalists, scientists, artists, writers, farmers,
choice; how could we expect to improve soon we would be deluged with dozens of
recreational, and commercial fishermen at the
water quality if we ignored pollution environmental problems throughout the
table. In January of l999 we assembled in
upstream? watershed. Right away people began telling
Darien to elect ARK’s founding board. James
ARK’s board hired Deborah Sheppard to us about the problems they observed while
Holland, Kenny Atwood, E.A. Cheek, Irwin
be the organization’s Executive Director in fishing, boating, and using the river. We lis-
Corbitt, Robert DeWitt, Bill Duckworth,
December l999. Deborah was a twenty-year tened to people talk about their concerns for
Wright Gres, Carolyn Hodges, Jeannine
veteran in environmental policy having been the river and James and Robert began investi-
Cook, David Kyler, Kyla Hastie, Christi
a founder and Executive Director for gating.
Lambert, Marilyn Lanier, Janisse Ray, and
Campaign for a Prosperous Georgia, a con- On one of the nights when we were
Gordon Rogers were elected and all agreed to
sumer advocacy group. According to a l995 attending a flathead catfish meeting, an elder-
serve. Also in attendance were Charles
Georgia House of Representatives resolution ly man approached James Holland. He told
Stewart, Paul Knight, Deborah Sheppard,
“Deborah had used her native charm, educa- James that he had been fishing in the same
Sam Latham, and Ruth Anderson. There was
tion, wit, and tenacity to confront our envi- spot in the Ocmulgee River for many years.
much discussion about how to proceed.
ronmental problems and to promote pragmat- There was a drainage pipe, he said, that
James Holland was elected President. James
ic solutions to those problems.” poured milky liquid into the river that made
was concerned over the health of the rivers
ARK’s founding board members decided the mullet swim away. He proceeded to talk
and knew there was a statewide water quality
she was the person for the job. James about a sewage treatment plant pipe and what
problem and he wanted to do something
Holland was asked to expand the work he you could see around the pipe when the river
about it. Everyone in the group began taking
began as a volunteer and to become the first was low.
a role in recruiting members and building the
official Altamaha Riverkeeper in July 2000. Both these pipes were in Lumber City.
organization.
James had not only made his living as a local One of the pipes belonged to the Amercord
We continued to meet as often as twice
waterman, he had experienced first hand how Corporation and the other was the sewage
monthly. We argued, disagreed, agreed, and
poor water quality could affect marine life. system belonging to Lumber City. The
united to design the best program we could.
The crabbing industry had declined right Altamaha Riverkeeper took action and filed
The group had the knowledge and foresight to
along with the decline in water quality. To our first two lawsuits under the Federal Clean
know the only way to protect the Altamaha
understand why, he had spent the last few Water Act (CWA) National Pollution
River was to work on the entire watershed.
years talking to scientists, biologists, profes- Discharge Elimination System (NPDES).
Our founders were committed to build an
sors and fishermen learning all he could about Our attorneys Don Stack of Stack and
organization that included the Altamaha, its
the estuary and river system, its watershed Associates and Justine Thompson with the
estuary system, and its tributaries - the
and the effect water quality had on the ani- Georgia Center for Law in the Public Interest
Ocmulgee, the Oconee, and the Ohoopee.
mals who lived in it. With James Holland as successfully litigated both cases. One of the
It was clear we would need to raise a sub-

Altamaha RIVERKEEPER ®

!6
 Destruction of Georgia’s Coast:
One Permit at a Time
In 1970 the General Assembly of the
State of Georgia enacted the Coastal
Marshlands Protection Act of 1970 which
states:
The General Assembly finds and
declares that the coastal marshlands of
Georgia comprise a vital resource system.
It is recognized that the estuarine area of
Georgia is the habitat of many species of
marine life and wildlife and without the
food supplied by the marshlands, such
marine life and wildlife cannot survive.
The General Assembly further finds that
intensive marine research has revealed that
the estuarine marshlands of coastal
Georgia are among the richest providers of
nutrients in the world. Such marshlands
provide a nursery for commercially and
recreationally important species of shell-
fish and other wildlife, provide a great
buffer against flooding and erosion, and
help control and disseminate pollutants.
Also, it is found that the coastal marsh- Words can’t describe the experience of ers protected Ossabaw, Wassaw, Cumberland,
lands provide a natural recreation looking out on the undeveloped tidal marsh- and Sapelo Islands through sale and donation
resource, which has become vitally linked lands of the Georgia coast. People come here of their land to the state and federal govern-
to the economy of Georgia’s coastal zone to find respite and solitude from the busy ment. The Coastal Marshland Protection Act
and to that of the entire state. world. For decades, as our neighbors to the (CMPA) was passed in l970 to protect our
The General Assembly further finds that north and south developed their coastlines coastal resources from manmade intrusions.
this coastal marshlands resource system is into masses of condominiums, waterfront Many Georgians believe Georgia’s coast
costly, if not impossible, to reconstruct or hotels, and businesses, Georgia’s coastal is a great place of peace and beauty and that
rehabilitate once adversely affected by man ecosystem was appreciated and highly valued it should remain a magnificent and priceless
related activities and is important to con- for its undeveloped expansive natural vistas. resource for generations to come. It should
serve for the present and future use and Now in this place where space and tran- also be protected by the CMPA.
enjoyment of all citizens and visitors to this quility once reigned as the ultimate rejuvena- The past few years on the Georgia coast
state. tion for the soul, turmoil and adversity are have proved to be a rude awakening. The
The General Assembly further finds that taking hold; Georgia’s coastal marshlands are CMPA is being gutted through lack of
the coastal marshlands are a vital area of under assault. enforcement by the very state agencies
the state and are essential to maintain the Widely considered to be the most impor- charged with protecting our marshlands for
health, safety, and welfare of all the citizens tant marsh ecosystem remaining in the United the public interest. The state of Georgia is
of the state. States, our marsh provides a nursery ground spending thousands of taxpayer dollars to
Therefore, the General Assembly for millions of organisms that make up the defend the rights of private property owners
declares that the management of the food chain that produces our favorite seafood to develop the resources they are supposed to
coastal marshlands has more than local delicacies. For years Georgia’s waters, protect.
significance, is of equal importance to murky from their yearly crop of decomposing Through continued advocacy and legal
ALL citizens of the state, is of state-wide salt marsh grass or spartina were not as attrac- actions, private citizens working through
concern, and consequently is properly a tive to developers as the blue ocean waters non-profit organizations, are now forced to
matter for regulation under the police above and below us. Our barrier islands, take on the responsibility to uphold the law
power of the state. The General Assembly detached from the mainland by miles of and protect our marshland and water
further finds and declares that activities marsh were difficult to access, making our resources. The Southern Environmental Law
and structures in the coastal marshlands expansive beaches available only by boat or Center (SELC) filed legal permit challenges
must be regulated to ensure that the val- extensive and expensive bridges. in 2001 (Emerald Pointe) and 2002 (Manhead
ues and functions of the coastal marsh- In the late 60’s and early 70’s attempts to Marina) on behalf of ARK and other coastal
lands are not impaired and to fulfill the develop several of Georgia’s larger barrier groups. These cases were filed after the
responsibilities of each generation as pub-
islands were thwarted and our leaders made Coastal Marshland Protection Committee
lic trustees of the coastal marshlands for
efforts to protect these priceless resources for (CMPC) granted permits for bridges and
succeeding generations.
future generations. Public-spirited landown- CONTINUED ON PAGE 10

Altamaha RIVERKEEPER ®

4
 Across the Street: Regulatory Failure
at the Local, State, and Federal Level
The current development allowed by the
City of Darien, Coastal Marshland Protection
Committee, and Corp of Engineers on the
Darien waterfront is a prime example of the
community-wide consequences of short-term
thinking. Across from ARK’s office, a new
development called Settler’s Bluff is now
under construction and consists of a restau-
rant, oyster bar, dock complex, paved parking
lot, 42 condominium units, and a pool. When
complete, this high-density development will
occupy less than 3 acres of waterfront proper-
ty, a large portion of which is filled marsh-
land. There is also what has been inaccurate-
ly referred to as a “public marina” on the site,
owned by the condominium owners.
There is no boat launch attached to this
so-called public marina, they are 42 boat slips
behind a locked gate. You can use your imag-
ination as to what is taking place here. There
are 42 condo units and the docking slips are to Pre-construction at Settler’s Bluff
be leased on a first come first serve basis.
pool. The DDA initially proposed and ings to be located directly on the site that was
The Marshland Protection Act is very
secured a $500,000 One Georgia Economic marsh less than 20 years before. The entire
clear; if the project is not water related or
Development Grant for the city to purchase .8 site is subject to standing water and flooding
dependent on waterfront access or can be
acres of the Settlers Bluff site that would be with even modest rains. Construction of the
satisfied by the use of an alternative non-
leased to the developers for the construction condos required adding hundreds of loads of
marshland site or by use of existing public
of a restaurant. This grant and access to other fill dirt to the site. When the Corp granted the
facilities, a permit usually should not be
economic development funds were presented permit modification based on the developers
granted pursuant to Code Section 12-5-
as the incentive to get the developers to “do argument of financial necessity, in ARK’s
286. Since when are condominiums water
the deal”. An Economic Incentive Grant was opinion, they failed in their regulatory
related or water dependent?
also secured to hire local employees at the responsibility to the public and opened the
A native McIntosh County family origi-
restaurant and to renovate the docks for dock door for a project that is ill suited to its loca-
nally owned the site where they operated a
space for those visiting the restaurant by tion. The ultimate financial and environmen-
shrimp dock and shrimp packing facility.
water. The normal Coastal Resources tal impact of the condo project to the Darien
Back in the early 90’s they had the idea of
Division (CRD) public review and regulatory community, the Darien River, and adjacent
putting a public marina on the site and
oversight that is required by the Coastal landowners is still unfolding.
obtained a permit to fill the marshland to
Marshland Protection Act for a new develop- The City of Darien has a height ordinance
accommodate the marina, dry storage and
ment in a marsh was never required or held. that restricts buildings to a maximum height
parking. Public marinas pass the public inter-
ARK and others repeatedly asked CRD to of 35 feet. Most of Darien’s buildings are 25
est review test and that is how they managed
follow the law and review the new project feet or less. As a condition of purchasing the
to get a permit to fill the marsh and construct
before transferring the dock permit to the new property and going forward with the project,
an extensive dock system. Time passed, the
owners for a different use. Former the developers required a height variance
public marina was never built and the owner
Commissioner Lonice Barrett, CRD, and the from the City that would accommodate high-
decided to sell out and retire.
CMPC ignored repeated correspondence and density development. Despite questions
In September 2001 the Director of
public requests for review of this project, in about the project and concerns of neighbors
Darien’s newly formed Downtown
spite of the fact that their own attorney inter- about how these tall buildings would affect
Development Authority (DDA) proposed an
preted the law to say that if the original proj- their view, the city took quick action to allow
economic development project for the site
ect had changed, a review was necessary the 45-foot height variance. City officials and
that would be initiated and stimulated by pub-
before transferring the dock permit. the developers rejected citizen concerns and
lic grants but developed and controlled by
“To secure their required profit margin,” insisted the project would be something
private developers. This public-private part-
the Settler’s Bluff developers packed five Darien could be proud of for years to come.
nership set forth a grand scheme to revitalize
buildings housing 42 condominiums on less Three years later, five 45 feet high build-
downtown Darien with a restaurant, shopping
than 2 acres. The developers requested and ings are in various stages of construction on
complex, additional docks, and a 42-unit pri-
the Corp of Engineers granted a permit mod- the Darien River. These looming box-like
vate condominium complex and swimming
ification for the site to allow two of the build- CONTINUED ON PAGE 12

5 Altamaha RIVERKEEPER ®