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Farm Pond Exemption to Clean Water Act Allows Farmers To Do What Oconee County Government, Developers Cannot

A small lake constructed on Aycock Road in recent months is classified as a farm pond, exempting it from the federal Clean Water Act and its regulation of dredging and filling of streams.

Those traveling on Aycock Road in recent months are likely to have noticed the construction of a small lake that comes up to the roadway west of where Aycock Road intersects Matthews Road in western Oconee County.

The lake is part of an elaborate irrigation system that local businessman Tony Townley has built to irrigate his extensive hayfields and pastures in the area southeast of North Oconee High School.

If Townley had built the Aycock Road and the other small lakes he has constructed for something other than farm purposes, he would have had to have gone through an elaborate procedure requiring him to get permits from the U.S. Army Corps of Engineers and to mitigate the damages done to the streams and wetlands.

Because Townley’s lakes and ponds are classified as farm ponds, he was exempt from the usual regulation of federal waterways required by the national Clean Water Act.

That exemption allowed him to dredge and fill Frazier Creek to create a series of ponds and lakes on a major tributary to the Apalachee River.

The irony that farmers are exempted from regulations to protect streams and wetlands led me on a several-month-long examination of the farm pond exemption to the Clean Water Act and its application in Oconee County.

Through Freedom of Information Act requests, I was able to learn of the history of Townley’s  use of the farm pond exemption on his extensive land holdings in the county. Those holdings are set to expand significantly in August through acquisition of the University of Georgia Plant Science Farm.

The result of this investigation is a detailed, two-part posting that explains the farm pond exemption and its administration, with particular focus on the now numerous ponds and small lakes of Frazier Creek.

To read the two postings, please go to Oconee County Observations.

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Mary McQuinn June 5, 2013 at 03:44 pm
Thanks everyone for your generosity! We raised enough!
Bryan Chandlee-Exum June 6, 2013 at 02:53 pm
What a lovely gesture and thank goodness the money was raised. I seem to keep getting the news toRead More late. my fault I am sure. I would like to know of any other donations needed in the future, would love to help Misty's daughter Tabitha if I can.
Mary McQuinn June 7, 2013 at 12:00 am
Update A college fund has been set up for Misty Myrick's daughter. Those who wish to make aRead More donation can go to any Pinnacle Bank account number is 5255142 Edward or Tabitha Taylor. If you are unable to get to the bank you can mail it to 3140 Lexington Rd. Athens Ga 30603 Thanks & God Bless!
Rosalyn Holl January 2, 2013 at 05:51 pm
Thank you, Rep. Broun, for standing up for your beliefs. In doing so, you have represented theRead More best interest of the American people. Please keep on.this track for the sake of America.
Bill Caputi January 3, 2013 at 04:49 pm
Imagine that! A mockery of a representative calling an issue a mockery! How much of his outrageousRead More salary and benefit package is he willing to give up? And what he calls fact is seriously distorted information. Good leaders don't run and hide from an issue and then blame others for their shortcomings... I realize good leaders are hard to find.... but, why do we continue to tolerate mediocrity? A vacant seat would be just as effective as this congressman... actually, as I think about it, probably more effective.
Stephanie Gross (Editor) May 16, 2013 at 05:41 pm
Beautiful, Cindy. Thanks for sharing!
Sharon Swanepoel (Editor) May 16, 2013 at 06:17 pm
Love those pictures - and congratulations to the graduates. You can also post a personalRead More congratulations to your graduate in announcements on Patch as well.
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Stephanie Gross (Editor) May 8, 2013 at 01:54 pm
Beautiful photos as always, David! Thanks for sharing.
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Beautiful flowers David - I love spring. Now if it would just show up before summer hits this year!
Stephanie Gross (Editor) May 14, 2013 at 02:08 pm
Erin and Charlotte, Thanks for adding your photos to the mix!