Complaint ID 113875 — Public Copy

Status: Approved/Closed

Nature of Complaint

Tip or Complaint: Memo to U.S. EPA Southeast Region To: U.S. Environmental Protection Agency – Southeast Regional Administrator (Region 4) From: Sherman V. Hawkins, Roswell, GA & Ellijay, GA Date: September 2, 2025 Subject: Enforcement Failures Regarding 25-Foot State Waters Buffer Law in Gilmer County, Georgia Purpose This memorandum formally requests U.S. EPA Southeast Region oversight regarding persistent enforcement failures by both Gilmer County (as a Local Issuing Authority) and the Georgia Environmental Protection Division (EPD) in implementing the 25-foot undisturbed vegetative buffer requirement under O.C.G.A. § 12-7-6(b)(16) for state waters, including secondary trout streams such as portions of Mountaintown Creek below GA Hwy 76. Background Multiple documented violations involving vegetation removal, grading, and mechanized land disturbance within the legally protected 25-foot buffer along Mountaintown Creek have occurred since at least 2024. Despite photographic evidence, certified complaints, and formal Open Records Requests, neither Gilmer County nor GA EPD has issued buffer variance documentation, enforcement actions, or corrective orders consistent with state law. Instead, responses from both entities have been delayed, inconsistent, or dismissive, often closing complaints without inspection records or citing nonexistent variances. Key Concerns Failure to Enforce State Law O.C.G.A. § 12-7-6(b)(16) prohibits land-disturbing activities within the 25-foot buffer unless a variance is granted by GA EPD. No such variances appear to exist for the cited properties despite clear disturbance despite multiple complaints. Breakdown in Oversight Gilmer County, as a Local Issuing Authority, appears to have prioritized development interests over environmental protection, allowing work within the buffer without state-level review. GA EPD has failed to enforce the 25 foot buffer law in regards to secondary trout stream protection. No variances have ever been issued since 2005 along all of Mountaintown Creek. Cumulative Environmental Harm Long-term degradation of Mountaintown Creek has been documented through increased sedimentation, streambank destabilization, and riparian vegetation loss, all of which impair water quality and aquatic habitat. Requested EPA Actions Initiate an EPA Review of Georgia EPD’s and Gilmer County’s implementation of the buffer law under O.C.G.A. § 12-7-6(b)(16). Request Records from GA EPD and Gilmer County on buffer variance issuance, inspections, and enforcement actions for all state waters in Gilmer County from 2018–present. Conduct an Independent Site Inspection of affected parcels along Mountaintown Creek and other state waters within Gilmer County. Issue Recommendations to ensure Georgia’s delegated programs comply with federal water quality and nonpoint source pollution standards. Attachments Provided Separately Photographic Documentation of buffer disturbances Attachments available follow google photos links: • A1. High River HOA Bridge Beach less than 4 years ago. No variance found at EPD: https://photos.app.goo.gl/C9s5pjbZgvfHMQuVA • A2. Gilmer County Mountaintown Creek Parcels 3051AB008, 009, 015 damage to buffer done mid-July 2025 no action by Gilmer LIA or GA EPD: https://photos.app.goo.gl/6QnWrrYFCRwMC4Vi7 • A3. Gilmer County Mountaintown Creek Parcel 3051AB031. Gilmer LIA used this as example of their actions. Notice of Violation but wrong owner, and no SWO exists, says it was fixed the same day. https://photos.app.goo.gl/hijSnBmzs16Cdop77 • A4. Gilmer County Mountaintown Creek Parcel 3051U115 (my parcel damaged by contractor, but refused to repair to BMPs backed up by Gilmer LIA and EPD worse they provided “technical assistance” to LIA not to BMPs. https://photos.app.goo.gl/aB8hssjfY5gXbLe56 Contact Information Sherman V. Hawkins 1045 Pine Grove Pointe Drive Roswell, GA & Ellijay, GA 678.[phone number removed] [email@removed.invalid]

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.