Complaint ID 113641 — Public Copy

EPD spoke to the LIA to discuss any updates regarding enforcement at Lake Arrowhead Phase 2 Unit 12. The LIA stated that while the project is not under a current SWO, the design professional is still visiting the site on a weekly basis to make sure BMPs are installed correctly and to make any additional BMP suggestions. They facility is still being required to conduct weekly and post-rainfall inspections at the site. Additionally, more sediment storage and BMPs have been added to address the ongoing runoff issues. A sediment study was conducted on two coves that had been impacted from sediment runoff, and it was found that one cove had 50 cubic yards of sediment deposited into it. Based off these results, the LIA is requiring plans for sediment removal to be submitted to them by March 13th, and the developer must have the sediment cleanup completed by April 1st for the one qualifying cove. The LIA will continue to closely monitor the project while they work towards stabilization. Additionally, the LIA is issuing no more land disturbance permits to the developer for projects in Lake Arrowhead until this project is in compliance. Since the Site falls under LIA jurisdiction, and the LIA continues to monitor the site for compliance and take appropriate enforcement action, EPD recommends this case for closure.

EPD received a Complaint about excessive sediment in the lake due to the development in Lake Arrowhead and a request for remediation to address the resulting damage. This Complaint is associated with CTS #115659 and has been referred to the LIA.

Among correspondences between the LIA and the Lake Arrowhead Homeowner's Association, the LIA stated that "A bond for the cove cleanout will be required prior to the final plat associated with Phase 2 Unit 12, PL20230000603. The bond would not be released until all homes are complete, the sediment study conducted, and any removal finished. FYI there is not a current bond in place, a bond of this nature typically comes at final plat. We do have pending enforcement action at this location, part of this is providing a current sediment analysis at the cove, with cleanout if required. We have not received the current sediment analysis to date, but we are in contact with the engineer."

The LIA reported that Cherokee County got roughly 3.5-4+ inches of rain beginning Friday morning and ending Saturday evening. Staff are going to be back in Lake Arrowhead re-inspecting the site this week. The design professional who designed the site did send an inspection report on Friday (1/9/25).

EPD received additional complaints regarding extreme runoff into the cove, along with a turbidity curtain break. The cove seems to be full of sediment and debris. These Complaints are associated with CTS #115123, 115124, 115125, 115126 and have been referred to the LIA.

At this time, the LIA has an enforcement action in place. The ESPC plan has been revised and implemented on site several times to address the erosion issues. Additionally, the design professional is now visiting the site on a weekly basis to make sure BMPs are installed correctly and to assess the need for additional BMPs, as well as to make any additional plan revisions if needed. According to the LIA, no further land disturbance permits are being issued in Lake Arrowhead until this site is in compliance.

EPD received additional complaints regarding a turbidity curtain failure on the night of 11/25/25. "The cove is not good...and it's on Facebook the turbidity curtain on the cove or pond by the Clearwater bridge broke and all kinds of debris is flowing into the lake ...this issue at the Clearwater bridge is caused by the same Johnson Job site that has caused all the issues in the cove behind my home...just my opinion....it's time for the county to start using the tools it has in place to get Johnson's attention. The county has the ability to fine Johnson given the number of SWOs that have occurred...we have been dealing with this issue for a year now with little if any improvement. The second thing I would lobby for is for the EPD to take over responsibility for enforcement at this job site. I know the county would not like this but for me the county has been pursuing a trial and error approach. Here are several pictures from this morning.....too bad the majority of yesterday's rainfall occurred after dark as those pictures would have shown how bad it was." Additionally, another Complainant reported that Johnson Development is causing run off into Turtle Pond which is an inlet for Lake Arrowhead. The report conveys that Johnson development has caused run off into the pond and has never been seen cleaning up. [Redacted] property overlooks the pond and most of the work they’ve been doing. A turbidity curtain was installed but never maintained. Last night it broke loose from the storm and caused additional run off debris and trash. These Complaints are associated with CTS #114755 and #114753.

Spoke to the LIA. A noncompliance letter was sent by the LIA on 09/23/25 to address needed corrective actions. The letter required a plan revision to clarify plan phasing. An updated plan was submitted to the LIA on 10/09/25. The developer has taken the initiative to have the design professional visit the site bi-weekly to ensure that the site is being developed as planned and that all BMPs are properly, designed, installed, and maintained.

Received the following message from complainant: "The only significant rainfall we have had was at the end of September (about 1.5”) and the results of the developer’s efforts didn’t look so good in the cove and lake as you can see in the attached photographs.  They are continuing to clear more acreage up there which I assume just puts more strain on their BMPs.  Have you had any further communications with Cherokee County that you can share with me?"

The LIA visited the Site today, 09/18/2025 and reported that deficiencies at the Site that were noted on 08/20/2025 have been corrected. Stabilization around the pond that was being repaired has been completed and was stabilized with matting, seed, and straw. The LIA also reported that the surface skimmer had been maintained, and additional areas of the Site had been stabilized. There have been no significant rain events in recent weeks so the there were no discharges from the Site, and the sediment ponds are nearly dry. The LIA took photos of Site improvements.

EPD spoke with the LIA about compliance at the Site. Topics of conversation were related to sediment discharges, use of the turbidity curtain in State waters, recent inspections, and recent complaints. The LIA indicated that inspections have been ongoing, and BMP deficiencies from the last documented non-compliance had been corrected. The LIA did not consider the turbidity curtain to be a primary BMP, but rather an emergency BMP that was installed during a period of non-compliance and a temporary measure while sediment was being removed from the cover during a Stop Work Order. The LIA is willing to require the removal of the turbidity curtain but hasn't done so yet out of an abundance of caution. The LIAs opinion was that the pictures provided in the most recent complaint dated 9/17/2025 were from a period of noncompliance prior to revisions of the ES&PC Plan, the installation of additional BMPs, and maintenance of pre-existing BMPs. In addition, the LIA points out that no significant rain events have occurred in the last several weeks.

EPD received the following email from a different complainant, but this is regarding the same complaint as the original. "Re: Sedimentation into Lake Arrowhead; Stop‑Work Order Violations; Request for Enforcement, Bonding, Permit Denial, and State Oversight Dear Director Jeff Cown and Commissioner Walter Rabon, I write on behalf of Lake Arrowhead property owners to request immediate and coordinated enforcement action under Georgia’s Erosion and Sedimentation Act and Cherokee County’s Soil Erosion and Sedimentation Control Ordinance. For years, land‑disturbing activities above Lake Arrowhead have resulted in sediment‑laden runoff entering the lake through tributaries and coves. In 2025, one such site has already drawn three Stop‑Work Orders, and residents documented work continuing after the third order. The ongoing discharges impair state waters and repeatedly burden private owners with cleanup. This is not a first‑time incident. It is part of a pattern of land‑disturbing projects situated uphill of Lake Arrowhead that, during ordinary rainfall events, mobilize fine sediments which travel across private properties, creeks, and streams and then deposit into the lake’s coves. Owners have observed discolored, turbid flows carving rills and channels, transporting mud and debris that settle in near‑shore areas and around docks. As a practical matter, the cost and labor of dredging and cleanup fall on private property owners and the community rather than on the violators. Residents have also documented the placement of a turbidity curtain across HOA‑owned shoreline, obstructing access to docks and a kayak launch. Instead of preventing runoff at the source using compliant best management practices, the developer and ownership have treated multiple coves of Lake Arrowhead as if they were stormwater retention ponds, allowing and channeling construction runoff into the lake. That approach is inconsistent with Georgia law and stormwater standards and contradicts the Georgia EPD Dam Safety Permit for Lake Arrowhead, which lists the impoundment’s primary purpose as recreation. Attached hereto as Exhibit 1 is a set of photographs depicting sediment‑laden flows and deposition in different reaches of the watershed — effectively from one end of the lake to the other. These images are representative, not exhaustive, of the problem and confirm that the impacts are not confined to a single outfall or isolated event. Exhibit 2 compiles community screenshots showing the recurring nature of these conditions over time. Applicable Law (Quoted in Pertinent Part) O.C.G.A. § 12‑7‑12(c): “If, through inspection, it is determined that a significant amount of sediment has been deposited into state waters or onto adjoining property, the local issuing authority shall issue an immediate stop‑work order.” O.C.G.A. § 12‑7‑12(d): “If a stop‑work order is issued by a local issuing authority for a third violation within the same project, the stop‑work order shall be effective immediately.” O.C.G.A. § 12‑7‑7(f)(1): “A local issuing authority may deny a permit to conduct land‑disturbing activities under this chapter if the applicant has had two or more violations of previous permits issued under this chapter within three years prior to the date of filing of the application.” O.C.G.A. § 12‑7‑7(f)(2): “A local issuing authority shall require the applicant to post a bond, in an amount up to $3,000.00 per acre, prior to the issuance of a permit. If the applicant does not comply with the permit, the bond may be forfeited to the local issuing authority to complete the stabilization of the site.” Cherokee County Code § 26‑72 (enforcement, penalties, bonding): “The director may issue stop‑work orders requiring that all land‑disturbing activity be stopped until corrective action has been taken… Any person violating this article shall be subject to a civil penalty not to exceed $2,500.00 per day for each violation. Where a performance bond or letter of credit has been required, the bond or letter of credit may be forfeited to the county to ensure compliance.” Georgia Stormwater Management Manual (Retention Pond definition): “A retention pond is a constructed stormwater management facility designed to capture and permanently retain a specified water quality volume for treatment, with controlled release of larger storm events.” Georgia EPD Dam Safety Permit for Lake Arrowhead (2021): “Primary Purpose: Recreation.” These authorities compel decisive enforcement here. Sediment has repeatedly entered the coves of Lake Arrowhead, which are part of the state waters of Georgia, satisfying the condition in O.C.G.A. § 12‑7‑12(c) for an immediate stop‑work order. Moreover, the documented third Stop‑Work Order in 2025, followed by continued work activity, squarely implicates § 12‑7‑12(d), which makes such orders effective immediately. The law anticipates precisely this scenario and requires prompt cessation of land‑disturbing activities until full corrective measures are in place. Beyond immediate cessation, O.C.G.A. § 12‑7‑7(f) authorizes forward‑looking remedies to prevent recurrence. Subsection (f)(1) empowers the Local Issuing Authority to deny additional land‑disturbing permits where an applicant has accumulated two or more violations within three years. That threshold has plainly been crossed. Subsection (f)(2) further requires the posting of a bond (up to $3,000 per acre) before issuance of any permit, with forfeiture available if a violator fails to stabilize the site. Given the costs of dredging and shoreline restoration borne by the community to date, bonding at the upper end is warranted to fund real remediation, not merely paper compliance. Cherokee County’s ordinance provides additional tools—Stop‑Work Orders, civil penalties up to $2,500 per day per violation, and forfeiture of required performance security. Yet, despite multiple orders and persistent runoff, the violations have continued. The County’s failure to use the full force of these powers has allowed noncompliance to become routine, leaving homeowners to manage the consequences. This undermines the County’s role as a Local Issuing Authority under state law and invites further disregard of erosion and sedimentation requirements. Equally important, the treatment of Lake Arrowhead’s coves as de facto stormwater retention basins is incompatible with both state stormwater standards and the EPD Dam Safety Permit. The Georgia Stormwater Management Manual makes clear that a retention pond is an engineered facility with defined storage and controlled release characteristics, constructed for water‑quality treatment. Lake Arrowhead is a recreational impoundment. Using the lake to store and treat construction runoff unlawfully shifts a private compliance obligation onto public waters and private shorelines. Requested Enforcement Actions 1) Impose penalties for willful Stop‑Work Order violations and maintain all Stop‑Work Orders in effect until the site is fully stabilized and all off‑site impacts are remediated; 2) Require bonding at the maximum warranted level under O.C.G.A. § 12‑7‑7(f)(2) sufficient to fund stabilization, shoreline protection, and dredging of impacted coves; 3) Deny any additional land‑disturbing and building permits to repeat violators pursuant to O.C.G.A. § 12‑7‑7(f)(1) unless and until a sustained period of compliance is demonstrated; 4) Enforce removal of the turbidity barrier from HOA‑owned shoreline and restore community access; 5) Confirm on the record that Lake Arrowhead is a recreational impoundment—not a stormwater retention facility—and direct the developer to design and maintain compliant on‑site BMPs consistent with the GSMM. Given the repeated violations and the County’s failure to fully use its enforcement tools, we also request that Georgia EPD and DNR directly oversee this project and review whether Cherokee County should continue to exercise its authority as a Local Issuing Authority if it is unwilling or unable to enforce state law as required. We appreciate your prompt attention and request a written response describing the enforcement and corrective actions to be taken and the schedule for remediation."

EPD spoke with the original complainant by phone. Complainant requested a copy of the inspection report and asked whether the silt screen in State waters was an acceptable BMP. EPD discussed the history and remediation of sediment discharges to State waters during a prior Stop Work Order placed on the Site by the LIA. EPDs determination of the ongoing use of a turbidity curtain in State waters to prevent additional downstream impacts of sediment from a construction site is that sediment should be retained on Site. The discharge of sediment to waters of the State is a violation of the permit, however, the use of a turbidity curtain is an approved BMP in the Manual for Erosion and Sediment Control in Georgia.

EPD created an inspection report from the joint Site visit conducted by the EPD Mountain District's Cartersville Office and the Cherokee County LIA that occurred on August 20, 2025.

Complainant sent the following email: "Good afternoon Mr. Wells, You probably already know this but on August 27, 2025, Cherokee County issued another SWO to the developer for failure to comply with the NOV which resulted from the joint inspection performed one week earlier by GA EPD and Cherokee County. I believe this is the 6th SWO issued since February of this year. And my neighbor and I just returned from watching a massive amount of earthmoving activity on site today, so we have alerted Cherokee County that once again it appears the developer is ignoring their SWO. A number of us had a meeting with Cherokee County last week. I did learn quite a bit from the meeting but I left still convinced that the developer has no intention to comply if it is at all inconvenient, and not nearly enough incentive to do so. I say that since the brief SWO process has not resulted in any noticeable improvements downstream (it appears worse as more acreage is being cleared) and the developer has yet to take a turbidity sample in a timely manner. It appears to me that the developer fully intends to continue having their contractor take late turbidity samples throughout the project timeline since they have suffered no repercussions from that strategy. They seem to have nothing to gain and a lot to lose from risking a timely turbidity sample. Again, I am very thankful for your site visit here and I remain hopeful that GA EPD can step in and take an appropriate enforcement action that will compel compliance with State requirements. Please let me know if you need any further information from me or any of my neighbors who have observed this year long process of allowing sediment to flow into the streams and into the lake."

The Cherokee County Local Issuing Authority provided EPD with a timeline of events, as well as documentation of noncompliance at the site, enforcement actions taken by the LIA, a limited impacted stream assessment, and plan revisions. 17 inspections, 3 noncompliance reports and 3 Stop Work Orders were provided to EPD from the LIA from a timespan ranging from May 19, 2025, to August 16, 2025. Documentation is attached.

Complainant called to inform that over 1" of rain fell the night before, that turbid water was being discharged from the Site and into the Creek that leads to the lake, and that the Creek water used to be pristine prior to construction activity from the Site. Complainant explained that no BMP maintenance or stabilization was being done, but that clearing of trees was still occurring.

Complainant called to follow-up and provided additional information. EPD explained that we are working on the inspection report and that EPD is waiting on information from the LIA on prior enforcement actions as well as the most up to date copy of the ES&PC Plan. Complainant had concerns of whether turbidity samples are being taken within the time required per the permit, since it appeared that samples were being taken the day after qualifying rain events, and after turbidity levels reached acceptable limits.

EPD conducted a joint site visit with the Cherokee County LIA. An inspection report from this visit was uploaded on 1/16/26.

EPD reached out to the Cherokee County Local Issuing Authority (LIA) to set up a joint site investigation.