Complaint ID 113580 — Public Copy

EPD could not determine with certainty that any violations had occurred at the time of the Site visit. Tree trimming and cutting appeared to have been performed in a manner that is consistent with practices that EPD allows for maintenance of vegetation within the buffer of State waters. Due to a lack of observable violations, this complaint is recommended for closure.

The LIA responded and was already aware of the complaint. The LIA informed EPD that trees had been hand cut, some of which were to the Creek's edge. The LIA does not feel that hand cutting trees and forestry mulching is anything that the LIA can prevent.

EPD had already visited the Site on August 4, 2025. EPD sent the complaint to the Gilmer County LIA since they have primary jurisdiction, to make sure that there were no updates regarding the Site, since it is within the LIA's primary jurisdiction.

EPD met with complainant, Sherman Hawkins, at his residence to discuss his concerns. EPD walked the Road that is adjacent to the parcels of concern on the other side of the Creek. A steep slope was observed on the opposite side of the Creek. Tree stumps were visible from where trees had been cut selectively on the slope. Mulch was also observed on the ground of the slope leading to the Creek. No Land Disturbing Activity (LDA) was observed at the time of the Site visit, no equipment was observed in the buffer, and there was no evidence of track marks observed; no soil was exposed. Additionally, the cutting of the trees was not associated with an active LDA Permit or NPDES Construction Stormwater Permit. Trees within the buffer may be cut and removed. To remove the trees without triggering the need for an approved buffer variance, the removal must be accomplished within the following guidelines: 1) There shall be no land disturbance involved. 2) Trees must be cut and removed by hand. 3) Tree stumps must remain in place. The removal of the tree stump will constitute a land disturbing activity, and a variance will be required. 4) The activity shall not utilize wheeled or tracked machinery or equipment within the buffer. 5) The activity cannot be associated with a project involving land disturbance that requires coverage under the NPDES construction general permit. (note: tree cutting (leaving stumps no grading) within the buffer could take place prior to the project having permit coverage (local LDA or NPDES) before the NOI or after the NOT) 6) The activity cannot be associated with a project involving land disturbance that requires a local land disturbing activity permit. The landowner must comply with any other applicable local ordinances enforced by the LIA Pictures of the parcels where trees had been cut are attached for reference.