Flooding Still Plagues Southeast Ga.

Nearly two weeks after major heavy rains swamped southeast Georgia, the region is still dealing with flooding and related damage.

In Brantley County as example, county commission chairman Ron Ham says problems remain for numerous roads in the area. Originally, he says more than 20 roads were overtaken by the waters of the Satilla River.

"Many of those are still under water today. I talked to the road department this morning—we’ve written over 200 work orders for roads that are cut-into, washed-out, pipes are blown out…just a wide variety of problems."

And numerous Brantley County families were forced from their homes due to the flooding.

Ham says federal disaster declaration money may be arriving this week for the county. More than $250,000 was requested for reimbursement in cleanup and repair efforts.

Flood Waters Still Plague South Georgia

It could be weeks for residents in three southeast Georgia counties to recover from flooding of the Satilla River--that's the word from county officials. Emergency officials in Pierce, Ware, and Brantley counties say nearly 50 families have been displaced, with their homes likely uninhabitable. Flood waters were finally receding yesterday, but damage remains in the region.

In extreme south Georgia, flood waters from the Withlacoochee River have begun to roll back in some areas of Lowndes County. The National Weather Service is forecasting the river may finally fall below flood stage sometime on Friday. Numerous road closures remain in the county and the Valdosta-area.

Major Flooding Concern For Parts Of South Georgia

Several days of heavy rains have brought bad--and good news--to Georgia. Parts of the state, especially to the south, have received well over a foot of rain--a good bit of that over the past 36 hours.

And the immediate concern for those residents today is flooding. At least two sections of major rivers in the region are forecast to reach major flood stage. The Satilla River near Waycross had already hit the 20-foot "major flood" mark by early afternoon. To the west, in Lowndes County near the state line, the Withlacoochee River is also expected to reach "major flood status"—near 25 feet.

Paige Dukes is with Lowndes County:

"Right now I’m sort of right in the middle of the city, and I grew up just a couple of blocks from where we have some of the most significant flooding and it’s been common for the water to come up over a bridge in the area several times over probably the last 20 or 30 years. But, we have a lot of long time residents in the area and everyone’s saying they’ve never seen the water get this high."

Many roads in south Georgia are closed to traffic due to flooding, and about two dozen school systems were closed today.

Meanwhile, the massive rainfall has now busted the drought for most of Georgia. State climatologist David Stooksbury says the southern two-thirds of the state Georgia have now stepped-out out of drought. Earlier this week, Stooksbury removed the drought designation from most of north Georgia. The only exceptions remain the Lake Lanier and Lake Hartwell basins, which are still classified as in moderate drought.

South Georgia Braces For Flooding

The storms that once again brought multiple inches of rain to parts of the state have now given way to concerns over waters rising this morning. An update from Ken Davis of the Georgia Emergency Management Agency:

"What we're seeing is a continued rise in the river and creek levels, particularly across southwest, south-central, southeast, and even central Georgia."

As example this morning, flooding includes the Satilla River in Waycross, affecting residents in Pierce and Ware counties. Moderate flooding is happening now, with major flood stage for that river forecast by this afternoon. Many secondary roads are closed across south Georgia and central portions of the state. For a time last night, a section of Interstate-75 in the Cordele area had to be closed to traffic with water covering the roadway.

GEMA's Davis says there are also 20 school systems, mainly in south Georgia, closed today.

Davis says there were no reports of any tornadoes in Georgia.

Marina dispute could affect coastal growth

Michael DeMell, environmental consultant to Cumberland Harbour development, stands on a newly constructed dock that comes off a deep water lot in St. Marys, Ga. The marina and housing development takes up part of a peninsula frequented by northern right whales. (Stephen Morton / AP file)

A legal fight over whether the law protecting Georgia marshlands can extend to residential developments on dry land is headed to the state Supreme Court, which could set a precedent imposing tougher standards on construction near salt marshes along Georgia's 100-mile coast.

The court will hear arguments Monday in a dispute between environmentalists and the developer of Cumberland Harbour, a 1,014-acre gated subdivision built on a peninsula surrounded by marsh in Camden County near the Georgia-Florida border.

The developer, the Land Resource Companies, was granted a state permit in 2005 to build two marinas and three community docks at Cumberland Harbour. They would make up the largest marina complex in Georgia with more than 17,500 linear feet of floating docks.

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Opponents have tied up the project in court ever since, arguing state regulators granted the marina permit without considering potential harm to the marsh from polluting stormwater runoff from the entire development - including homes built on the peninsula's uplands.

It will be the first time the state Supreme Court has considered whether development on land, rather than in the marsh itself, is covered by safeguards in the Coastal Marshlands Protection Act. The regulatory committee that issues permits says it lacks that authority under the law.

"It's a big deal because there's been a wholesale failure of government to protect the marsh other than to keep it from being filled in," said Gordon Rogers, the Satilla riverkeeper and one of the plaintiffs in the case. "The act is broader than how they're using it."

The 1970 state law was passed to protect Georgia's 378,000 acres of marshland, about a third of the total on the East Coast, from destruction. Salt marshes serve as wildlife habitat, help shield coastlines against flooding and erosion, and feed marine animals miles offshore with their decaying grasses.

The law requires a regulatory permit for any development "on or over marshlands." Attorneys for Land Resource, as well as Georgia's attorney general, say the only upland construction the law has been applied to are portions of marinas such as fuel tanks, storage buildings and parking lots.

"We are confident in the correctness of our legal argument that (the law) was not intended to and does not regulate the uplands residential development at Cumberland Harbour," said Patricia Barmeyer, an attorney for the developer.

Part of the area to be developed. (Courtesy Livesouth.com)

One of the law's authors, former state Rep. Reid W. Harris of St. Simons Island, also insists it would be a stretch to apply the marshlands act to homes on dry land. Harris, a retired lawyer, filed a brief with the Supreme Court saying the law wouldn't have passed had legislators feared it would restrict private property rights.

Stephen O'Day, an attorney working on the case with the Southern Environmental Law Center, argues the marinas are an integral piece of the overall Cumberland Harbour subdivision.

O'Day points to ponds on the property designed to collect stormwater runoff from all parts of the development - including the marinas. The ponds then filter out pollutants before piping the water back onto land. Some of that stormwater, O'Day says, will flow into the marsh. But how much comes from the marinas?

"You can't separate out the stormwater discharge from the marina and other stormwater discharge from the project," O'Day said. "It's all one stormwater system."

He also notes the Marshlands Protection Act gives state regulators power over any activity that would drain, fill in "or otherwise alter" Georgia marshlands. Because stormwater runoff can upset the delicate salinity balance of salt marshes, O'Day says, it should be considered an alteration.

Other Georgia developers and coastal landowners are watching the case.

The Sea Island Company, the Georgia-based owner and developer of coastal luxury resorts, says applying the marshlands act to upland development would be "grossly onerous and unfair" to property owners.

"The impact of this would be staggering," a Sea Island attorney wrote in a brief filed with the Supreme Court, saying the state would become "regulators of land-disturbing activities on hundreds of thousands if not millions of acres in Georgia's coastal region."

The Cumberland Harbour marina proposals stirred controversy not just because of their size, but also because of their location.

The marinas would launch hundreds of pleasure boats in waters within two miles of federally protected Cumberland Island. Endangered right whales migrate to those waters every winter to birth their calves. Researchers believe only 300 to 350 of the rare whales still exist, and collisions with ships and boats is their No. 1 killer.

An administrative law judge in 2006 sent the Cumberland Harbour marina permit back to state regulators, saying they hadn't properly assessed the threat to right whales and other protected species such as manatees and sea turtles. The judge also ruled regulators had to consider the impact of the "entire project" on the marsh, including upland homes.

Last year, the Georgia Court of Appeals unanimously reversed the lower court on the residential construction issue, saying that interpretation was too broad. One of the judges urged legislators to expand the scope of the law.

The Supreme Court's ruling won't be the final word on whether Cumberland Harbour can build its marinas. Regardless of the outcome, regulators will still have to settle issues related to protected species from the 2006 judicial ruling.

Click here for more GPB News coverage of statewide environmental issues.

(The Associated Press)

Alien fish threatens native species

An aquatic illegal alien is threatening to destroy a native fish species. The Department of Natural Resources says flathead catfish in the Satilla River are eating the food supply of Georgia’s Satilla fish and the bullhead catfish. Now, DNR experts are trying to catch all the flatheads in the southeast Georgia river. Experts think a fisherman illegally dumped a flathead catfish in the Satilla in 1996.

Catfish removed from south Georgia river

State biologists are trying to eliminate the flathead catfish from south Georgia's Satilla River. The non-native fish is devouring native game fish. The biologists are getting rid of the catfish by sending an electrical charge into the river. This temporarily stuns flatheads that grow to more than 50 pounds. The biologists then scoop them up in nets and move them to other waters.