HomeMy WebLinkAboutORD 7286 SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL ORDINANCE t � t
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Ord 7286 ' �`
Soil Erosion, Sedimentation and Pollution Control Ordinance
NOW, THEREFORE, BE IT ORDAINED, BY THE AUGUSTA COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME, AS FOLLOWS
SECTION I
TITLE
This Ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance."
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Ordinance,
unless otherwise specifically stated:
1. Best Management Practices (BMPs): These include sound conservation and
engineering practices to prevent and minimize erosion and resultant sedimentation, which
are consistent with, and no less stringent than, those practices contained in the "Manual
for Erosion and Sediment Control in Georgia" published by the Commission as of
January 1 of the year in which the land-disturbing activity was permitted.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural
state of vegetation, which facilitates the protection of water quality and aquatic habitat.
4. Certi�ed Personnel A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission
(GSWCC).
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
7. Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation; the depth below original ground surface to the excavated surface.
Also known as "excavation".
8. Department: The Georgia Department of Natural Resources (DNR).
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9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional In Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refers to the person or persons, corporation, or other business
applying for a permit to undertake land-disturbing activity and performing
development within the scope of this Ordinance.
11. Development: Refers to any activity which would alter the elevation of the land,
remove or destroy plant life, cause structure of any kind to be installed, erected, or
removed, or a change of any kind from conditions existing as of the effective date of this
Ordinance unless such activity is exempted under §7-3-33.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Georgia Department of
Natural Resources (DNR).
15. Drainage Structure: A device composed of a virtually nonerodible material such as
concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm-water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind, water,
ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in Section IV.C. of this Ordinance.
18. Existing Grade: The vertical location of the existing ground surface prior to any
grading, excavation or filling.
19. Fill: A portion of land surface to which soil or other solid material has been added; the
depth above the original ground surface or an excavation.
20. Final Stabilization All soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas located
outside the waste disposal limits of a landfill cell that has been certified by EPD for waste
disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a
density of 70% or greater, or equivalent permanent stabilization measures (such as the
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use of rip-rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial
vegetation appropriate for the time of year and region; or a crop of annual vegetation and
a seeding of target crop perennials appropriate for the region. Final stabilization applies
to each phase of construction.
21. Finished Grade The final elevation and contour of the ground after cutting or filling
and conforming to the proposed design.
22. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. Land Activity Any activity which may result in soil erosion from water or
wind and the movement of sediments into state waters or onto lands within the state,
including, but not limited to, clearing, dredging, grading, excavating, transporting, and
filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, "plan" means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta Planning and Development Department. The Augusta
Engineering Deparhnent is an extension of the LIA with respect to plan review and
enforcement.
27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A.
12-5-440 et. seq., which addresses environmental and developmental matters in certain
metropolitan river corridors and their drainage basins.
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
29. Natural Ground Surface The ground surface in its original state before any grading,
excavation ar filling.
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30. Nephelometric Turbidity Units (NTU): Numerical units of ineasure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. Notice of Intent (NOI): A Notice of Intent form provided by EPD for coverage under
the State General Permit.
32. Notice of Termination (NOT) A Notice of Termination form provided by EPD to
terminate coverage under the State General Permit.
33. One Hundred Year Floodplain / 1% Annual Chance Floodplain / Special
Flood Hazard Area (SFHA): The area that is subject to flooding by the 1% annual
chance flood (the flood that has a 1% chance of being equaled or exceeded in any given
year).
34. Operator: The party or parties that have: (A) operational control of construction project
plans and specifications, including the ability to make modifications to those plans and
specifications; or (B) day-to-day operational control of those activities that are necessary
to ensure compliance with an erosion, sedimentation and pollution control plan for the
site or other permit conditions, such as a person authorized to direct workers at a site to
carry out activities required by the erosion, sedimentation and pollution control plan or to
comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site, or if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under the
provisions of this Ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-part or
segment is constructed and stabilized prior to completing construction activities on the
entire construction site.
39. Planning : Augusta Planning and Development Department
40. Project: The entire proposed development project regardless of the size of the area of
land to be disturbed.
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41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
(Manual) published by the Georgia Soil and Water Conservation Commission (GSWCC)
as of January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed
of a virtually non-erodible material such as concrete, steel, plastic, or other such material
that conveys water under a roadway by intercepting the flow on one side of a traveled
roadway consisting of one or more defined lanes, with or without shoulder areas, and
carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being
transported, or has been moved from its site of origin by wind, water, ice, or gravity as a
product of erosion.
44. Sedimentation: The process by which eroded material is transported and deposited by
the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation
and pollution control plan approved in writing by the Brier Creek Soil and Water
Conservation District.
46. Soil Erosion, Sedimentation and Pollution Control Measures: Refers to
mechanical measures used to reshape the land to intercept, divert, convey, retard, or
otherwise control runoff, including, but not limited to, land grading, bench terraces,
subsurface drains, diversions, berms, storm sewers, outlets, waterway stabilization
structures, lines channels, sediment and debris basin, and stream channel and bank
stabilization; and vegetative measures to provide temporary cover to help control erosion
during construction and permanent cover to stabilize the site after construction is
complete.
47. Stabilization: The process of establishing an enduring soil cover of vegetation by the
installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
48. State General Permit: The National Pollution Discharge Elimination System
(NPDES) General Permit or permits for stormwater runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state's
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (fl of
Code Section 12-5-30.
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49. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural
or artificial, lying within or forming a part of the boundaries of Georgia which are not
entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as designated
by the Wildlife Resources Division of the Georgia Department of Natural Resources
under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 in the
rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org.
Streams designated as primary trout waters are defined as water supporting a self-
sustaining population of rainbow, brown or brook trout. Streams designated as secondary
trout waters are those in which there is no evidence of natural trout reproduction, but are
capable of supporting trout throughout the year. First order trout waters are streams into
which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment producing areas by covering the soil with:
a. Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
b. Temporary seeding, producing short-term vegetative cover, or
c. Sodding, covering areas with a turf of perennial sod forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment
Control in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows
either continuously or intermittently and which has a definite channel, bed and banks, and
including any area adjacent thereto subject to inundation by reason of overflow or
floodwater.
54. Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support a prevalence. of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
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SECTION III
EXEMPTIONS
This Ordinance shall apply to any land disturbing activity undertaken by any person on any land
except for the following:
1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia
Surface Mining Act of 1968";
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which
result in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale
with a planned disturbance of equal to or greater than one (1) acre and not
otherwise exempted under this paragraph; provided, however, that construction of
any such residence shall conform to the minimum requirements as set forth in
O.C.G.A. 12-7-6 and this paragraph. For single-family residence construction
covered by the provisions of this paragraph, there shall be a buffer zone between
the residence and any state waters classified as trout streams pursuant to Article 2
of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone,
no land-disturbing activity shall be constructed between the residence and the
point where vegetation has been wrested by normal stream flow or wave action
from the banks of the trout waters. For primary trout waters, the buffer zone shall
be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted.
For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but
the Director may grant variances to no less than 25 feet. Regardless of whether a
trout stream is primary or secondary, for first order trout waters, which are
streams into which no other streams flow except for springs, the buffer shall be at
least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones
provided by this pazagraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding
or managing livestock or poultry; producing or storing feed for use in the
production of livestock, including but not limited to cattle, calves, swine, hogs,
goats, sheep, and rabbits or for use in the production of poultry, including but not
limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals;
the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and
apiarian products; farm buildings and farm ponds;
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6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or
other activities otherwise prohibited in a buffer, as established in paragraphs (15)
and (16) of Section IV C. of this Ordinance, no other land-disturbing activities,
except for normal forest management practices, shall be allowed on the entire
property upon which the forestry practices were conducted for a period of three
years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger
common plan of development or sale with a planned disturbance of equal to or
greater than one (1) acre or within 200 feet of the bank of any state waters, and for
purposes of this paragraph, "State Waters" excludes channels and drainage ways
which have water in them only during and immediately after rainfall events and
intermittent streams which do not have water in them year- round; provided,
however, that any person responsible for a project which involves less than one
(1) acre, which involves land-disturbing activity, and which is within 200 feet of
any such excluded channel or drainage way, must prevent sediment from moving
beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing
Authority from regulating any such project which is not specifically exempted by
paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole
or in part, or both, by the Deparhnent of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority; or any road construction or
maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the Department
of Transportation or the State Road and Tollway Authority which disturb one (1)
or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-
7.1; except where the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case a copy of a notice of intent under the state
general permit shall be submitted to the Local Issuing Authority; the Local
Issuing Authority shall enforce compliance with the minimum requirements set
forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be
subject to the same penalties as violations by permit holders;
10. Any land-disturbing activities conducted by any electric membership corporation
ar municipal electrical system or any public utility under the regulatory
jurisdiction of the Public Service Commission, any utility under the regulatory
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jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the
United States engaged in the generation, transmission, or distribution of power;
except where an electric membership corporation or municipal electrical system
or any public utility under the regulatory jurisdiction of the Public Service
Commission, any utility under the regulatory jurisdiction of the Federal Energy
Regulatory Commission, any cable television system as defined in O.C.G.A. 36-
18-1,or any agency or instrumentality of the United States engaged in the
generation, transmission, or distribution of power is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case the Local Issuing Authority shall enforce
compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a
permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders; and
1 L Any public water system reservoir.
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the Ordinance and the NPDE5 General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this Ordinance
shall contain provisions for application of soil erosion, sedimentation and pollution control
measures and practices. The provisions shall be incorporated into the erosion, sedimentation and
pollution control plans. Soil erosion, sedimentation and pollution control measures and practices
shall conform to the minimum requirements of Section IV B. & C. of this Ordinance. The
application of ineasures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements.
Measures shall be installed to prevent or control erosion, sedimentation and pollution during all
stages of any land-disturbing activity in accordance with requirements of this Ordinance and the
NPDES General Permit.
B. MINIMUM REQUIREMENTS / BMPs
1. Best management practices as set forth in Section IV B. & C. of this Ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to
any action by the Director or to any other allegation of noncompliance with
paragraph (2) of this subsection or any substantially similar terms contained in a
permit for the discharge of storm water issued pursuant to subsection ( fl of
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O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this
subsection the terms "proper design" and "properly designed" mean designed in
accordance with the hydraulic design specifications contained in the "Manual for
Erosion and Sediment Control in Georgia" specified in O.C.G.A. 12-7-6
subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall
constitute a separate violation of any land disturbing permit issued by a Local
Issuing Authority or of any state general permit issued by the Division pursuant to
subsection (� of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for
each day on which such discharge results in the turbidity of receiving waters
being increased by more than twenty-five (25) Nephelometric Turbidity Units for
waters supporting warm water fisheries or by more than ten (10) Nephelometric
Turbidity Units for waters classified as trout waters. The turbidity of the receiving
waters shall be measured in accordance with guidelines to be issued by the
Director. This paragraph shall not apply to any land disturbance associated with
the construction of single family homes which are not part of a larger common
plan of development or sale unless the planned disturbance for such construction
is equal to or greater than five (5) acres.
3. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land- disturbing permit issued by a Local Issuing
Authority or of any state general permit issued by the Division pursuant to
subsection (fl of Code Section 12-5-30, the "Georgia Water Quality Control Act",
for each day on which such failure occurs.
4. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into
which discharges from land disturbing activities occur.
5. The Local Issuing Authority may set more stringent buffer requirements than state
in C.15 and 16, in light of O.C.G.A. subsection 12-7-6 (c).
C.
The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et.
seq. for the purpose of governing land-disturbing activities shall require, as a minimum,
protections at least as stringent as the state general permit; and best management practices,
including sound conservation and engineering practices to prevent and minimize erosion and
resultant sedimentation, which are consistent with, and no less stringent than, those practices
contained in the Manual for Erosion and Sediment Control in Georgia published by the
Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-
disturbing activity was permitted, as well as the following:
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l. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed
area is stabilized. As used in this paragraph, a disturbed area is stabilized when it
is brought to a condition of continuous compliance with the requirements of
O.C.G.A. 12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such
crossings are kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and
adequate sedimentation control facilities to retain sediments on-site or preclude
sedimentation of adjacent waters beyond the levels specified in Section IV B. 2.
of this Ordinance
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15. Except as provided in paragraph (16) of this subsection, there is established a 25
foot buffer along the banks of all state waters, as measured horizontally from the
point where vegetation has been wrested by normal stream flow or wave action,
except where the Director determines to allow a variance that is at least as
protective of natural resources and the environment, where otherwise allowed by
the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a
roadway drainage structure must be constructed, provided that adequate erosion
control measures are incorporated in the project plans and specifications, and are
implemented; or along any ephemeral stream. As used in this provision, the term
"ephemeral stream" means a stream: that under normal circumstances has water
flowing only during and for a short duration (less than 48 hours) after
precipitation events; that has the channel located above the ground-water table
year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow. Unless exempted as along
an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6
of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall
remain in force unless a variance is granted by the Director as provided in this
paragraph. The following requirements shall apply to any such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all
land disturbing activities on the construction site are completed. Once the
final stabilization of the site is achieved, a buffer may be thinned or
trimmed of vegetation as long as a protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in
sufficient quantity to keep shade on the stream bed; provided, however,
that any person constructing a single family residence, when such
residence is constructed by or under contract with the owner for his or her
own occupancy, may thin or trim vegetation in a buffer at any time as long
as protective vegetative cover remains to protect water quality and aquatic
habitat and a natural canopy is left in sufficient quantity to keep shade on
the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a width
of disturbance of not more than 50 feet within the buffer; and adequate
erosion control measures are incorporated into the project plans and
specifications and are implemented: (i) Stream crossings for water lines;
or (ii) Stream crossings for sewer lines; and
16. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along
the banks of any state waters classified as "trout streams" pursuant to Article 2 of
Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a
roadway drainage structure must be constructed ; provided, however, that small
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springs and streams classified as trout streams which discharge an average annual
flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be
piped, at the discretion of the landowner, pursuant to the terms of a rule providing
for a general variance promulgated by the Board, so long as any such pipe stops
short of the downstream landowner's property and the landowner complies with
the buffer requirement for any adjacent trout streams. The Director may grant a
variance from such buffer to allow land-disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and
specifications and are implemented. The following requirements shall apply to
such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a buffer
shall remain in its natural, undisturbed, state of vegetation until all land
disturbing activities on the construction site are completed. Once the final
stabilization of the site is achieved, a buffer may be thinned or trimmed of
vegetation as long as a protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed: provided, however, that any person
constructing a single— family residence, when such residence is constructed
by or under contract with the owner for his or her own occupancy, may thin or
trim vegetation in a buffer at any time as long as protective vegetative cover
remains to protect water quality and aquatic habitat and a natural canopy is
left in sufficient quantity to keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not
more than 50 feet within the buffer; and adequate erosion control measures are
incorporated into the project plans and specifications and are implemented: (i)
Stream crossings for water lines; or (ii) Stream crossings for sewer lines.
D. Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV B. & C. of this
Ordinance.
E. The fact that land-disturbing activity for which a permit has been issued results in injury
to the property of another shall neither constitute proof of nor create a presumption of a
violation of the standards provided for in this Ordinance or the terms of the permit.
SECTION V
APPLICATION/PERMIT PROCESS
A.GENERAL
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The property owner, developer and designated planners and engineers shall design and review
before submittal the general development plans. The Local Issuing Authority shall review the
tract to be developed and the area surrounding it. They shall consult the Zoning Ordinance,
Stormwater Management Ordinance, Subdivision Ordinance, Flood Damage Prevention
Ordinance, this Ordinance, and any other ordinances, rules, regulations or permits, which
regulate the development of land within the jurisdictional boundaries of the Local Issuing
Authority. However, the owner and/or operator are the only parties who may obtain a permit.
B. APPLICATION REQUIREMENTS
1. No person shall conduct any land disturbing activity within the jurisdictional boundaries
of Augusta, Georgia without first obtaining a permit from the Augusta-Richmond County
Planning Commission to perform such activity and providing a copy of the Notice of
Intent submitted to EPD, if applicable.
2. The application for a permit shall be submitted to the Augusta-Richmond County
Planning Commission and must include the applicant's erosion, sedimentation and
pollution control plan with supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V C. of this Ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land-disturbing activity proposed will be carried out in such a
manner that the provisions of Section IV B. & C. of this Ordinance will be met.
Applications for a permit will not be accepted unless accompanied by the applicable
number of the applicant's erosion, sedimentation and pollution control plans. All
applications shall contain a certification stating that the plan preparer or the designee
thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-
.10.
3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph
(5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00
per acre of land disturbing activity, and these fees shall be calculated and paid by the
primary permittee as defined in the state general permit for each acre of land-disturbing
activity included in the planned development or each phase of development. All
applicable fees shall be paid prior to issuance of the land disturbance permit. In a
jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such
fees levied shall be submitted to the Division; except that any and all fees due from an
entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-
7-17 shall be submitted in full to the Division, regardless of the existence of a Local
Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local Issuing
Authority shall refer the application and plan to the District for its review and approval or
disapproval concerning the adequacy of the erosion, sedimentation and pollution control
plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of
the District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the Local Issuing Authority. No permit
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will be issued unless the plan has been approved by the District, and any variances
required by Section IV C. 15. & 16 has been obtained, all fess have been paid, and
bonding, if required as per Section V B.6. have been obtained. Such review will not be
required if the Local Issuing Authority and the District have entered into an agreement
which allows the Local Issuing Authority to conduct such review and approval of the
plan without referring the application and plan to the District. The Local Issuing
Authority with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the Local Issuing Authority with plan review
authority to act within 35 days shall be considered an approval of the revised plan
submittal.
5. If a permit applicant has had two or more violations of previous permits, this Ordinance
section, or the Erosion and Sedimentation Act, as amended, within three years prior to the
date of filing the application under consideration, the Local Issuing Authority may deny
the permit application.
6. The Local Issuing Authority may require the permit applicant to post a bond in the form
of government security, cash, irrevocable letter of credit, or any combination thereof up
to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-
disturbing activity, prior to issuing the permit. If the applicant does not comply with this
section or with the conditions of the permit after issuance, the Local Issuing Authority
may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
These provisions shall not apply unless there is in effect an ordinance or statute
specifically providing for hearing and judicial review of any determination or order of the
Local Issuing Authority with respect to alleged permit violations.
C. PLAN REQUIREMENTS
1. Plans must be prepared to meet the minimum requirements as contained in Section IV B.
& C. of this Ordinance, or through the use of more stringent, alternate design criteria
which conform to sound conservation and engineering practices. The Manual for
Erosion and Sediment Control in Georgia is hereby incorporated by reference into
this Ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings, and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections of any
land-disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. 12-7-20.
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2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted.
3. Plot plans for single family homes on individual lots shall illustrate the best management
practices the contractor will implement during construction to prevent soil erosion and
damage to adjoining properties as a result of erosion; the plot plan shall illustrate positive
storm water drainage to an existing storm water structure; and the plot plan shall illustrate
the method for permanently stabilizing the disturbed soil upon completion of
construction.
The following shall be illustrated on residential plot plans.
a. Contractors name.
b. Street name and property address
c. Lot dimensions drawn to scale
d. All drainage and utility easements
e. Existing drainage swales
f. Footprint of building
g. Building setback dimensions
h. Best management practices to be implemented:
1. Sediment barriers
2. Proposed drainage swales
3. Construction exit
4. Maintenance
i. Positive storm water drainage from the lot to an existing storm water
structure. Direction of flow to be indicated by arrows. Existing storm water
structure includes paved streets, drainage structure inlets, drainage ditches,
and swales.
j. How disturbed soils will be permanently stabilized.
k. 100-Year floodplain data
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1. Existing structures on property.
m. Wetlands data
n. Distance to any stream, creek or water body on or adjacent to (within
200 feet o� the proposed site.
o. Delineate 25 feet state water buffer, as applicable.
D. PERMITS
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to the permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local
Issuing Authority has affirmatively determined that the plan is in compliance with this
Ordinance, any variances required by Section IV C. 15. & 16 are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Local Issuing
Authority are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
3. Any land-disturbing activities by a Local Issuing Authority shall be subject to the same
requirements of this Ordinance, and any other ordinances relating to land development, as
are applied to private persons and the Division shall enforce such requirements upon the
Local Issuing Authority.
4. If the tract is to be developed in phases, then a separate permit shall be required for each
phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to
all or any portion of the land affected by the plan, upon finding that the holder or his
successor in the title is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor in title is in violation of this Ordinance. A
holder of a permit shall notify any successor in title to him as to all or any portion of the
land affected by the approved plan of the conditions contained in the permit.
5. The Local Issuing Authority may reject a permit application if the applicant has had two
or more violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three (3) years prior to the date of the application, in light of
O.C.G.A. 12-7-7 (fl (1).
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SECTION VI
INSPECTION AND ENFORCEMENT
A. As an extension of the Local Issuing Authority, the Augusta Engineering Department
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conduction land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this Ordinance,
a written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails to
comply within the time specified, he shall be deemed in violation of this Ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential
construction on individual lots. If a project is deemed not to be in compliance
with the approved plot plan, the contractor will be issued a written notice to
comply with the approved plot plan. The notice shall set forth the measures
necessary to achieve compliance and shall state the time within which such
measures must be completed. If the contractor engaged in the land disturbing
activity fails to comply within the time specified, he shall be deemed in violation
of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
shall have the power to conduct such investigations as it may reasonably deem necessary
to carry out duties as prescribed in this Ordinance, and for this purpose to enter at
reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority, the Commission, the District, or Division who requests entry for
the purposes of inspection, and who presents appropriate credentials, nor shall any person
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obstruct, hamper or interfere with any such representative while in the process of
carrying out his official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. 12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county's or municipality's erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 (a).
Such review may include, but shall not be limited to, review of the administration and
enforcement of a governing authority's ordinance and review of conformance with an
agreement, if any, between the District and the governing authority. If such review
indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted
the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7
(e), the Division shall notify the governing authority of the county or municipality in
writing. The governing authority of any county or municipality so notified shall have
ninety (90) days within which to take the necessary corrective action to retain
certification as a Local Issuing Authority. If the county or municipality does not take
necessary corrective action within ninety (9 0) days after notification by the Division, the
Division may revoke the certification of the county or municipality as a Local Issuing
Authority.
SECTION VII
PENALTIES AND INCENTIVES
A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY
If any person commences any land disturbing activity requiring a land disturbing permit
as prescribed in this Ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS
1. For the first violation of the provisions of this Ordinance, the Director or the Local
Issuing Authority shall issue a written warning to the violator. The violator shall have
five days to correct the violation. If the violation is not corrected within five days, the
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Director or the Local Issuing Authority shall issue a Stop-Work Order requiring that
land-disturbing activities be stopped until necessary corrective action or mitigation
has occurred; provided, however, that, if the violation presents an imminent threat to
public health or waters of the state or if the land-disturbing activities are conducted
without obtaining the necessary permit, the Director or the Local Issuing Authority
shall issue an immediate Stop-Work Order in lieu of a warning;
2. For a second and each subsequent violation, the Director, or the Local Issuing
Authority, shall issue an immediate Stop-Work Order; and;
3. All Stop-Work Orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred.
4. When a violation in the form of taking action without a permit, failure to maintain a
stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly
designed, installed, and maintained, a stop work order shall be issued by the Local
Issuing Authority or by the Director or his or her Designee. All such stop work orders
shall be effective immediately upon issuance and shall be in effect until the necessary
corrective action or mitigation has occurred. Such stop work orders shall apply to all
land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE
If, through inspection, it is determined that a person engaged in land-disturbing activities
has failed to comply with the approved plan, a written notice to comply shall be served
upon that person. The notice shall set forth the measures necessary to achieve compliance
with the plan and shall state the time within which such measures must be completed. If
the person engaged in the land-disturbing activity fails to comply within the time
specified, he shall be deemed in violation of this Ordinance and, in addition to other
penalties, shall be deemed to have forfeited his Performance Bond, if required to post one
under the provisions of Section V B. 5. (b). The Local Issuing Authority may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES
1. Any person who violates any provisions of this Ordinance, or any permit
condition or limitation established pursuant to this Ordinance, or who negligently
or intentionally fails or refuses to comply with any final or emergency order of the
Director issued as provided in this Ordinance shall be liable for a civil penalty not
to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this
Ordinance, notwithstanding any provisions in any City charter to the contrary,
municipal courts shall be authorized to impose penalty not to exceed $2,500.00
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for each violation. Notwithstanding any limitation of law as to penalties which
can be assessed for violations of county ordinances, any magistrate court or any
other court of competent jurisdiction trying cases brought as violations of this
Ordinance under county ordinances approved under this Ordinance shall be
authorized to impose penalties for such violations not to exceed $2,500.00 for
each violation. Each day during which violation or failure or refusal to comply
continues shall be a separate violation.
2. Under provision of this section, any person who continues to violate, knowingly
and intentionally becoming a habitual violator on the same or different site will be
liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to the Local Issuing Authority and
deposited into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction, monitoring,
or inspection or any land disturbing activity shall meet the education and training
certification requirements, dependent on their level of involvement with the process, as
developed by the Commission in consultation with the Division and the Stakeholder
Advisory Board created pursuant to O.C.G.A. 12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as either a
primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as
a minimum one person who is in responsible charge of erosion and sedimentation control
activities on behalf of said entity or person and meets the applicable education or training
certification requirements developed by the Commission present on site whenever land-
disturbing activities are conducted on that site. A project site shall herein be defined as any
land-disturbance site or multiple sites within a larger common plan of development or sale
permitted by an owner or operator for compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this Ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a site
has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-
19, then any person or entity involved in land-disturbing activity at that site and operating in
a subcontractor capacity for such permittee shall meet those educational requirements
specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to
meet any educational requirements that exceed those specified in said paragraph.
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SECTION IX
ADMINISTRATIVE APPEAL
JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority upon finding that the holder is not in compliance with the approved
erosion, sedimentation and pollution control plan; or that the holder is in violation of
permit conditions; or that the holder is in violation of any ordinance; shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within thirty (30) days after receipt by the Local Issuing Authority of
written notice of appeal.
B. JUDICIAL REVIEW
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTNITY
This Ordinance shall become effective on the 1 St day of January, 2010; all ordinances or
parts of ordinances in conflict with this Ordinance are hereby repealed.
B. VALIDITY
If any section, paragaph, clause, phrase, or provision of this Ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this Ordinance.
C. LIABILITY
Neither the approval of a plan under the provisions of this Ordinance, nor the compliance
with provisions of this Ordinance shall relieve any person from the responsibility for
damage to any person or property otherwise imposed by law nor impose any liability
upon the Local Issuing Authority or District for damage to any person or property.
The fact that a land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this Ordinance or the terms of the permit.
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No provision of this Ordinance shall permit any persons to violate the Georgia Erosion
and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and
regulations promulgated and approved there under or pollute any Waters of the State as
defined thereby.
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All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this 6th day of
September � 20 }:
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A MAYOR, AUGUSTA COMMISSION
(1 � �' AUGUSTA, GEORGIA
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L NA BONNE , LERK
First Reading: August 16, 2011
Second Reading: