Opponents of
a proposed power plant on the South Fulton-north Fayette border are hoping
that discovery of strict covenants concerning an old family cemetery on
the plant site will be "the final nail in the coffin" of the
proposal.
But officials
for Williams Company, which hopes to build the plant, say they should
be able to preserve the cemetery and still build the plant. (See related
story).
"It is
a huge problem for them," said Fayette County Commission Chairman
Greg Dunn.
A large network
of area residents has banded together to fight the power plant proposal,
and the Williams Company has delayed its rezoning requests in Fulton County
and Union City to provide more time to allay the residents' fears. The
company is asking for industrial zoning for 288 acres on Peters Road to
allow a 1,230-megawatt, gas-driven plant.
Company officials
have invited Dunn and other officials to fly to Maine and view an existing
Williams Company plant to help in that regard, Dunn said.
Dunn wrote
to the company Aug. 20 to say that its plan to move the Peters family
cemetery from the plant site would not be legal.
"The Peters
cemetery was established by the Peters family in a way which prohibits
you, or anyone else, from removing graves from the Peters cemetery,"
he wrote.
In its environmental
impact report, the company mentions the cemetery but treats it as a minor
problem. "The applicant intends to relocate this cemetery to a more
suitable location," says the report.
The cemetery,
which has about a dozen graves, is on a half acre within the footprint
of the proposed plant. It holds most of the family of George Peters, one
of five sons of Kelly and Sarah Peters, who moved to the site in 1835.
Sarah Peters also is buried in the cemetery, but Kelly Peters died during
a trip to Texas and is buried there, according to "The History of
Fayette County," published by the Fayette County Historical Society.
Dunn said the
Peters family conveyed the cemetery to the ordinary of Campbell County
(former name of South Fulton) in 1924, and attached a covenant that runs
with the land, restricting its use to a cemetery and directing the ordinary,
as trustee of the tract, "to see that cemetery is not disturbed in
any way and remains intact, and the two roads remain open so that no person
can ever disturb the remains of the persons who sleep here, and who may
sleep here in the future."
The family
felt so strongly about its desire that the cemetery never be disturbed,
Dunn told The Citizen Tuesday, that they dug the graves into stone and
covered them with concrete.
When Campbell
County became part of Fulton County, the property was conveyed to Fulton,
and later to Michael Scharko, owner of the proposed power plant site.
In conveying the land to Scharko, the county included the original covenant
in the deed, Dunn said.
Since writing
the letter, Dunn said he has met with four great-great grandchildren of
Sarah Peters. There are no known descendants of George, because he insisted
his children not marry, according to the history book. One defied him
and did, but was disinherited.
"They've
[Peters descendants] been approached by Williams" in attempts to
convince them to allow the cemetery to be moved, said Dunn, but he added,
"I don't think the descendants could break the covenants even if
they wanted to."
And they don't,
he added. "They want the covenants ... to stay in place," he
said.
Further, Dunn
said, one of the graves holds a Civil War veteran, Hosea "Horsey"
Peters, 27th Georgia Infantry, Bethsaida Rifle Guard, Company E, and the
Old Campbell County Historical Society is interested in preserving that
grave. The Sons of Confederate Veterans organization also is interested
in making sure that grave in particular is not moved, Dunn said.
With wetlands
covering much of the 288-acre property for the proposed power plant, Dunn
said he doesn't think the Williams Company will be able to simply move
the 30-acre plant site to another part of the property.
He said he
had not received a reply to his letter as of Tuesday.
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