SOCIAL CIRCLE, Ga. — A federal agency has given the Rivian project the go-ahead to develop its planned electric vehicle manufacturing facility on its entire, two-county site.

The U.S. Army Corps of Engineers on Dec. 16 issued a federal Clean Water Act Section 404 permit to the Georgia Department of Economic Development and the Joint Development Authority of Jasper, Morgan, Newton and Walton Counties (JDA) that was required for development of the 2,000-acre site.

The action will allow development on the entire site rather than on the 500-acre section it already has been grading in recent months.  

State Economic Development Commissioner Pat Wilson said the permit’s approval “is another critical step for the community and the state in the development of this exciting and transformational project.” 

But Chas Moore, spokesman for Rutledge-based opposition group Our Communities Oppose Rivian Assembly Plant, expressed, “Grief, anguish and a sense that ‘The Sovereign Dollar’ has exceeded the value of the American citizens’ voice. 

“Government has stopped listening to the citizen and has become an enforcement and funding arm for CEOs and corporations,” Moore said. “Maybe, it always has been.”

Section 404 regulates use of fill dirt for site development, water resource projects such as dams and levees, infrastructure development such as highways and airports, and mining projects, according to information from the Environmental Protection Agency (EPA).

It requires a developer to receive a permit before dredged or fill material may be discharged into waters of the U.S. — including wetlands, according to the EPA.

“When you apply for a permit, you must first show that steps have been taken to avoid impacts to wetlands, streams and other aquatic resources; that potential impacts have been minimized; and that compensation will be provided for all remaining unavoidable impacts,” the EPA stated.

The Georgia Department of Economic Development said in a statement that, “To earn this approval, the state and JDA have demonstrated that the project planning has avoided and minimized impacts to wetlands and streams to the maximum extent practicable and that all unavoidable impacts will be fully mitigated for. 

“As part of its standard public interest review, the Corps sought and received public comments on the permit application, which the state and JDA carefully reviewed and provided detailed responses to.”

The EPA, U.S. Fish and Wildlife Service, Georgia Department of Natural Resources’ Environmental Protection and Wildlife Resources divisions, and Georgia Historic Preservation Division joined the Corps of Engineers in reviewing the Section 404 permit application, the statement said.

“Consistent with its environmentally conscious mission, Rivian’s site designs show some of the ways the company aims to minimize the environmental impact of the facility footprint,” according to the statement.

“Half of the site acreage will be permeable, vegetative surface that absorbs stormwater, creates wildlife habitat and stores carbon, with building placement and impermeable infrastructure on higher ground where possible to avoid impacting wetland areas. 

“Rivian intends to preserve as much of the existing tree growth as possible. Rainwater will be collected and used on-site, reducing the need for traditional potable water supply. 

“Following the company’s philosophy for new construction, the mature site will take into account best practices to limit lighting, stormwater runoff, water quality and noise impacts and to preserve scenic views and natural systems.”

Although local regulations do not affect the site because the state government owns the property, the state and JDA included site development guidelines and environmentally driven requirements in the overarching agreement between the Georgia government, the JDA and Rivian, according to the statement. 

Rivian will be required to comply with the Social Circle city and Morgan County Stanton Springs Business Park Ordinance’s threshold regulations, the statement said.

It also will limit impervious surfaces to 50% of the site compared to the 75% maximum that is permitted; perform additional hydrology studies; design the stormwater detention facilities for a 100-year storm; comply with the Walton County tree ordinance; coordinate with a local observatory regarding outdoor lighting plans; maintain a 500-foot setback from Old Mill Road; and comply with all federal and state environmental permitting requirements, the release stated. 

“As demonstrated by these extra requirements, conserving buffers, wildlife habitat and outdoor recreation around the site is a priority for the state, JDA and Rivian.”

The project already has received other permits, including:

Stream Buffer Variance issued Nov. 2, 2022.

EPD 401 Water Quality Certification Concurrence (no impact to neighboring jurisdiction concurrence), issued Oct. 31, 2022.

Phase 1 of the permit area released for construction by U.S. Army Corps of Engineers Sept. 28, 2022.

Construction Stormwater Permit issued by Georgia EPD, Sept. 6, 2022.

Land disturbance permit issued July 2022.

Wilson said environmental protection “forms the backbone of Rivian’s corporate philosophy and, from the start, the state has been committed to protecting local groundwater and minimizing environmental impact by following established law.

“Rivian’s planned facilities will support conservation efforts while adding great value to the local community, and we applaud their dedication to good environmental stewardship though every step of the development. 

“The excitement surrounding Rivian’s new Georgia home is growing daily as we continue to create the future together,” Wilson said.