ML20098G613

Responds to 840912 Request for Comments Re Electrical Transmission Line Crossing Ebenezer Creek by Util.Line Will Not Have Any Adverse Impact on Fish & Wildlife Resources, Based on Review

ML20098G613
Person / Time
Site:	Vogtle
Issue date:	09/28/1984
From:	Ledbetter J GEORGIA, STATE OF
To:	Adensam E Office of Nuclear Reactor Regulation
References
NUDOCS 8410050218
Download: ML20098G613 (3)

Text

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pcpartment of Kafural %csources J. Leonard Ledbetter 270 WASHINGTON ST. S.W.

ATLANTA. GroRGIA 3033 4 uou ess.3soo 0

b' x3wxWxEuwwx COMMISet0NER September 28, 1984 Ms. Elinor Adensam, Chief Licensing Branch No. 4 Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Ms. Adensam:

This letter is in response to your September 12, 1984, request for comments.regarding the electrical transmission line crossing of Ebenezer Creek by Georgia Power Company.

We have reviewed the proposal, and we agree that the line crossing will not have any adverse impact on the fish and wildlife resources.

The Georgia Scenic Rivers Act (Ga. L. 1969, p. 933 51)

(copy attached) only deals with the damming up of designated streams and the impeding of stream flows. Based on our knowledge of the project, it does not appear that the power line crossing will affect either of these conditions.

The only authority this Department has in regard to this project is this specific legislation and our responsi-bilities for protection of fish and wildlife resources. As a result, we cannot comment on any of the other questions raised in your letter.

If you need further information, please feel free to get in touch with us.

Sincerely,

. L onard Ledbdtter JLL:jmw Attachment 8410050219 840928 ,l PDR ADOCK 05000 mm og,m, An cou4L ruetovutur/ArrnuArive Action curtovan

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CESEACCH REFERENCES (2) That portion of the Conasauga River locaed within the Coh'utta

. Nrtional Wilderness Area zud located in Fannin, Gilmer, and Murray-C.3 5.-73 C.J.S., Public Administrative counties, Georgia, which portion extends a length of approximatcly~ 17 ~

' tubes and Procedure. 5 72- miles;

-(3) That portion of the Chattooga River and its West Fork which are Paar 2 . now designated as part of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, which portion extends a :

GEOaGIA SCENIC Rivta Sysrt.st .

length of approximately 34 nules; and (4) That portion of Ebenezer Creek from Long Bridge on County; 12-5-350. Short title. Road S 393 to the Savannah River and located in Effingham County, Georgia, which portion extends a length of approximately 7 miles.

This part shall be known and may be cited as the" Georgia Scenic Rivers .

(b) The Georgia Scem.e River System shall also be comprised of.any Ati of 1969." (Ga. L 1969, p. 933, i 1.) .

nver or section of a nver des,gnated i as a scemc nver by Act or resolunon ,

L . of the General Assembly. (Ga. L 1969, p. 933,6 3; Ga. L 1978, p. 2207,

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12-5-351. Definitions.

"" miews. - For article surveying 1977 through May 1978, see 30 Mercer L -

-\s used in this Part, the term- - Georgu- cases deahng wah ennronment. Rev. 75 (197H).

naturai resources.and land u3e rrom June -

(1) " Free-Howing," as applied to any river or section of a river, means existing or Howing in natural condition without impoundment,-

disersion, straightening, rip-rapping, or other modification of the - 12-5-353. Duties of department as to scenic rivers.

waterway..

(a) The Department of Natural Resources shall study and from time to (2) " River" means a flowing body of water, or a section, portion, or time recommend to the Governor and General Assembly rivers or sec-tributary thereof, and includes streams, creeks, branches, and small tions of rivers to be considered for designation as scenic rivers. Each gges, recommendation shall be accompanied by a report showing the proposed (3) " Scenic casement" means an interest in land which limits the use area and its classification, the characteristics which qualify the river or of land along the shoreline of a scenic river for the purpose of pro- section of river for designation as a scenic river, ownership and use of -

tecting the scenic, recreational, or natural characteristics of the area. land in the area, the state agency which should administer the area, and the estimated costs of acquiring fee title and scenic casements and of (4) " Scenic river" means certain rivers or sections of rivers of the admmistermg the area as a scemc nyer. The department may conduct State of Georgia which have valuable scenic, recreational, or natural such studies in cooperation with appropriate agencies of the State of characteristics which should be preserved for the benefit and Georgia and the Umted States and may apply for and receive funds -

enjoyment of present and future generations. (Ga. L 1969, p. 933, therefor from the Land and Water Conservation Fund and other federal I 2.) sources, provided that such studies must be first approved by the person or persons appointed by the Governor to serve as a liaison with certain federal agencies under the terms of Public Law 90-542 (82 Stat. 906),

12-5-352. Rivers comprising the Georgia Scenic River System. approved October 2,1968, such law havmg been designated the "hild and Scenic Rivers Act."

(a) The Georgia Scenic River System shall be comprised of the follow-ing: (b) The department shall proceed to make a study of each of the-f II wing rivers and make a report ofits findings and recommendations (1) That portion of the Jacks River contained within the Cohutta t the Governor and the General Assembly:

National Wilderness Area and located in Fannin and Murray counties, Georgia, which portion extends a length of approximately 16 miles; mg un

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. > - (1) The Suw: nee River from its source in the Okef;nokee Swamp to . OPINIONS OF THE ATTORNEY GENERAL the point where it flows out cf the Stata of Georgia; and Acquisition of title to land limited. - required.- The department ma acquire (2) That section cf the Chattooga River within the" State cf Georgia. The ability of the council (now Department the title t o land lying within the authoriecd

' of Natural Resources) to acquire title to boundaries of a riser or section of riser -

' (c) Each scenic river, together with the land lying within its authorized land is limited by: (1) aiea - land lying presiously. designated . by the . General boundary, as established by the General Assembly, shall be classified as within a certain authorized boundary of the Assembly as a scenic river, but upon acqui-one of the following: designated scenic river: and (2) time . only sition, the title must be transferred to an.

after the riser has been designated by the ~ other state agency designated by the (1) NATt RAL RI'.*ER AREA. This is a free-flowing river or section of General Assembly as scenic.1970 Op. Att*> General Assembly.1970 Op. Att') Gen. No.

river generally inaccessible except by trail, with the shoreline Gen. No. 70 6. 70 6.

Transfu of tide to acquued land undeveloped and unused; (2) PA*.ToRAL river AREA. This is a free-flowing river or section of RESEARCH REFERENCES river accessible by roads, with the shoreline mostly undeveloped and unused; or Am.jur. 2d. - 1 Am. jur. 2d, Admin- C.J.S.-73 C.J.S., Public Administratise

~ .. . . istrative Law,i 178. Bodies and Procedure, i 72.

(3) RECRENIloNAL river AREA.1.his is a free-flowm.g river or section of riser accessible by roads, with limited development along the f shoreline. (Ga. L 1969, p. 933, 9 4; Ga. L 1972, p.1015, i 1511.) - PART 3 Cross references. - As to provision in U.S. Code. - The federal Wild and deeds for casements to preserse land or Scenic Risers Act, as amended, referred to .

water areas in natural or scenic condition. in this section. is codified at 16 l'.S.C.A. Law rev s. - For survey of Georgia through May 197 e 30 hiercer L Rev.

,ee t 4 410-1 et seq. I 1271 et seq. cases dealing with environment, natural 75 (1978).

resources, and d use from June 1977 12 5 354. Construction, operation, etc., of dams, etc., on scenic rivers; RESEARCH REFER CES acquisition of land within boundaries of scenie rivers.

ALR.- Applicability of r of strict or er caused by dam failure. 51 Al_R3d After designation of any river or section of a river as a scenic river by absolute liabihty to overflow o scape of 5.

the General Assembly pursuant to Code Section 12-5-352:

(1) No dam, reservoir. or other structure impeding the natural flow ~ 12-5-370. Short title, of the waterway shall be constructed, operated, or maintained in such riser or section of river so designated as a scenic river, unless This part shall be know and may cited as the " Georgia Safe Dams specifically authorized by an Act of the General Assembly; Act of 1978." (Ga. L I e8, p. 795, i 1.

(2) The department may acquire by purchase, gift, grant, bequest, devise. lease, or otherwise fee title or any lesser interest in the land lying 12-5-371. Declar on of purpose.

within the authorized Laundary of such river or section of river desig-nated as a scenic riser. Any interest in land acquired by the department It is the rpose of this part to provide for he inspection and pursuant to this Code section shall be transferred to such governmental permittin f certain dams in order to protect the 1 alth, safety, and agency as the General Assembly may by Act direct. (Ga. L 1969, p.933 welfare all the citizens of the state by reducing the risk o ailure of such i 5.) dams. he General Assembly finds and declares that the in crion and per irting of certain dams is properly a matter for regulation nder the ice powers of the state. (Ga. L 1978, p. 795, i 2.)

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