Complaint ID 113423 — Public Copy

Status: Approved/Closed

Nature of Complaint

Dear Mr. Wells and Mr. Wlochowski, I am filing a formal complaint and submitting an associated Open Records Request concerning what appears to be an unauthorized and unpermitted buffer disturbance along Mountaintown Creek, a Georgia-designated trout stream, on Parcels 3051AB 008 and 009, currently or recently owned by CBD Investments, LLC. I have split this complaint out separately and from 3815 Gallery Court to enable easy tracking in the complaint tracking system. This complaint has not been put into the tracking system as far as I can tell. Thx. ❗ Buffer Violation Details Between approximately July 14 and July 20, 2025, extensive land disturbance was observed on the above parcels, directly across Mountaintown Creek from my residence. The activity included: Total removal of riparian vegetation within 50 feet of the stream, use of heavy equipment, including a forestry mulcher, on steep slopes, construction of access cuts or roads approaching the creek, absence of any BMPs, silt fencing, or erosion control, no posted buffer variance or permit information. This work falls clearly within the state-mandated 50-foot vegetative buffer as required by O.C.G.A. § 12-7-6(b)(15) of the Georgia Erosion and Sedimentation Act and appears to have been conducted without a variance, notice, or mitigation plan. Although I understand that Gilmer County may have issued a Stop Work Order on or about July 21, 2025, by that time, significant clearing had already occurred. I believe this constitutes a failure of enforcement and oversight, especially given the trout stream designation and the environmental sensitivity of the site. 📄 Open Records Request (O.C.G.A. § 50-18-70 et seq.) Pursuant to the Georgia Open Records Act, I request the following from GA EPD: All applications, approvals, denials, or variances related to stream buffer encroachments on parcels 3051AB 008 and 009, from January 1, 2020 to present, all correspondence between GA EPD and Gilmer County concerning these parcels, including any enforcement communications or technical assistance, records identifying the current or past owners, applicants, contractors, or agents involved in any work or permitting on these parcels, any notices of violation, enforcement actions, or approved restoration plans if applicable If no such variance has been issued, please state this explicitly in writing. 📝 Requested Actions I respectfully request the following actions from both the Georgia EPD and Gilmer County: Immediate investigation and site visit to assess the extent of damage and ongoing risk to Mountaintown Creek, issuance of formal enforcement actions if violations are confirmed, public disclosure of any variance or permit approvals, if any exist, implementation of a full stream buffer restoration plan, with native vegetation and ongoing monitoring. This matter is part of a broader concern regarding the enforcement of Georgia's trout stream buffer law in Gilmer County. I am committed to ensuring the law is applied fairly, consistently, and in accordance with established procedures. Please acknowledge receipt of this complaint and open records request. I will also be sending this letter via certified mail to ensure documentation.

Complaint Location

Source

Source Contact

Actions

Attachments

(Attachments may not be available for complaints resolved before April 2018. Please note that not every complaint has attachments.)

None.