Tired Creek permit challenged

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November 10, 2010

Tired Creek permit challenged

Teresa Williams CNHI The Times Enterprise Wed Nov 10, 2010, 07:30 PM EST

THOMASVILLE — Environmental groups have filed a lawsuit challenging the permit issued to Grady County for the Tired Creek lake project.

Grady County was informed Nov. 5 that American Rivers and Georgia River Networks filed legal action against the U.S. Army Corps of Engineers challenging the validity of the permit issued to the county for the construction of a recreational fishing lake, according to County Attorney Kevin S. Cauley.

Georgia River Network Executive Director April Ingle said the lawsuit, filed on behalf of the networks by the Southern Environmental Law Center, is because the organizations believe the permit violates federal law.

“We believe the study that underlies the permit for the lake is flawed because it overestimates the number of people that will use the lake and it will destroy a lot more streams and wetlands than estimated by the Corps,” she said.

“Our estimates are that over nine miles of stream and up to 518 acres of wetlands will be destroyed where the Corps estimated up to 129 acres.”

Jenny Hoffner, director of water supply for American Rivers, said in a news release on the SELC website, “this is the wrong project at the wrong time.”

“Instead of spending millions of taxpayer dollars on this destructive proposal, the county could focus on reaping more immediate economic and recreational benefits from its existing streams and natural resources,” she said.

The GRN is not sure there is a legitimate need for the project, according to Ingle, because there are existing bodies of water in the area that provide recreational opportunities without the county having to take on this expenditure.

“The Ochlockonee River could draw anglers, paddlers and other visitors to the county for less cost,” Hoffner said in the release.

Ingle also said it “jeopardizes the financial future of Grady County citizens” because property taxes will be raised significantly to pay for the lake.

“Basically, we’re saying the permit never should have been issued,” she said. “It doesn’t follow federal law and is not the kind of project the Corps should be giving permits out for.”

Cauley said the plaintiffs “are environmental conservation groups” located “over 230 miles north of the site of the permitted dam.”

The purpose of these environmental organizations reportedly includes opposition to damming any waterways, Cauley said.

“Despite a lack of public presence in the community, these organizations allege in their complaint that they have undisclosed members that are Grady County citizens,” he said.

“The only specific allegation of damages alleged by the plaintiffs in their complaint is the claim that at least one of their members would no longer be able to enjoy hiking through the forests and wetlands which will be flooded by the dam.

“No other specific allegations of damages are made in the complaint and Grady County is not named as a party.”

The legal action could be summarized as “a challenge to the validity of the county's permit for dam construction,” he said, based on allegations that the permit “is the product of a flawed purpose, inaccurate wetlands delineation, and insufficient environmental analysis.”

Cauley stressed each of these issues “were thoroughly scrutinized” by the Corps, the United States Environmental Protection Agency, the Georgia Environmental Protection Division of the Department of Natural Resources, and other reviewing agencies consistent with the Federal Clean Water Act and other applicable federal and state laws during the permit application process.

He also said the permit includes “stringent conditions” that insure Grady County provides necessary environmental protections and full compliance with all applicable laws of the United States and Georgia.

“Grady County is already moving aggressively to assemble its litigation team and developing its strategy for dealing with this matter,” Cauley said. “The county intends to respond quickly and assertively to this legal challenge.

“Grady County strongly believes that the claims asserted by these plaintiffs are without merit and will ultimately have no effect on the validity of the county’s permit. We are confident that the U.S. Army Corps of Engineers shares our belief in this regard.”

The Times-Enterprise contacted the U.S. Army Corps of Engineers Savannah District Office Wednesday afternoon and spoke with Billy Birdwell, corps spokesperson.

He was unable to provide a comment by deadline but said he is researching the impact of the lawsuit on the permit.

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