Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-5 - HISTORIC PRESERVATION › Subject 391-5-9 - SUBMERGED CULTURAL RESOURCES › Rule 391-5-9-.06 - Permit Conditions

Current through Rules and Regulations
				filed through June 27, 2024
(1) The Department may condition any permit
				as necessary to protect the best interests of the State.
(2) Each permit shall be conditioned upon the
				permittee's compliance with all applicable federal, state and local laws and
				regulations.
(3) Each permit shall
				be effective for a period of one year from the date of issuance; provided
				however, that upon a written request submitted in advance of the date of
				termination, the Department may in its discretion extend such permit for
				periods not to exceed 6 months.
(4)
				A permit may be conditioned upon the requirement that the permittee maintain
				and submit copies of a daily log of all activities, including but not limited
				to, the type of equipment used, site conditions, and other site-specific
				data.
(5) Each permit shall be
				conditioned upon the requirement that the permittee submit a draft report to
				the Department within 120 days of completion of all field work and analysis
				which details and describes the significant activities and results of the
				operation. Such draft report shall be reviewed by the State Archaeologist and
				returned with any comments to the permittee. A final report acceptable to the
				Department shall be submitted within one year of the completion of all field
				work and analysis. All final reports shall become a part of the permanent
				public record of the permitted activity.
(6) Each permit shall be conditioned upon the
				requirement that the permittee agree to indemnify, hold harmless, and defend
				the State Archaeologist, State of Georgia, Department and its agents, employees
				or officers from and against all claims, losses, damages, expenses, fines,
				liabilities, payment of any sum or sums of money to any person whomsoever,
				damage to property, including property of third person, the Department of
				Natural Resources, State of Georgia, the permittee(s), arising out of, or in
				connection with, their performance and prosecution of the operation permitted
				hereunder, whether caused by the claimed, actual, or sole negligence of the
				permittee(s). Except that this requirement shall not be applicable to state
				agencies or the Board of Regents.
(7) A permit may be conditioned upon an
				agreement with the permittee that in reasonable consideration of permittee's
				efforts to further the public interest of exploration, survey, protection,
				preservation, or recovery of other related submerged cultural resources, the
				State agrees to allow the permittee to retain a portion of the recovered
				submerged cultural resources; provided, however, that without such an express
				agreement, each permit shall require that all specimens, artifacts, materials,
				copies of field notes and photographs, documents, and information collected or
				produced as a result of the permitted operation will remain the property of the
				State of Georgia and shall be kept as a collection in an appropriate
				facility(ies), available for future study, research, analysis, or
				display.
(8) A permit may be
				conditioned upon the permittee's commencement within a certain period of time
				from date of issuance, and further conditioned upon the permittee's diligent
				pursuit of all operations.
(9) Each
				permit shall be conditioned upon the right of the Department to enter upon and
				into all facilities, vessels, or other premises directly associated with the
				permitted operation for the purpose of inspection and in order to make
				determinations of compliance with the terms of any permit, these rules, and all
				other applicable laws and rules.
(10) Each permit shall be conditioned upon
				the requirement that if the Department determines that the permittee has
				violated the permit, these rules, or other applicable laws then the permit may
				be either immediately suspended or revoked. By accepting a permit the permittee
				acknowledges that irreparable harm and damage to state property can occur if
				the terms of the permit are not followed; therefore, all permits are
				conditioned upon immediate suspension or revocation which the permittee accepts
				as an express condition to its operation; provided that permittee accepts as
				adequate protection of its interests that it may appeal any such immediate
				suspension or revocation in the manner provided in O.C.G.A. §
									12-3-52.(d) and these
				rules.
(11) Each permit shall
				provide conditions as follows:
(a) No permit
				may be transferred or assigned without the written permission of the
				Department;
(b) The State
				Archaeologist will be notified by telephone at least 24 hours in advance of
				commencement of any on-site recovery operations; and
(c) The State Archaeologist shall be notified
				by telephone within three days of completion of all on-site
				operations.