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City agrees to EPD consent order

Sets stage for repair plans

POSTED: June 20, 2013 12:31 a.m.

Cumming leaders have signed off on what was described as a first step toward repairing damage caused by the collapse of an earthen dam last month.

During their regular monthly meeting on Tuesday, the mayor and city council unanimously voted to sign a consent order from the Environmental Protection Division.

City Attorney Dana Miles said the two-page document gives the city and members of the Mashburn family, who own the 78-year-old Lake Alice dam, about two months to come up with a plan of “stabilization and assessment of sediment deposit and remediation, if needed.”

The dam broke May 19 after nearly 7 inches of rain fell overnight, sending waves of water and tons of mud from the small lake across Sanders Road and into a Lake Lanier cove.

The shoreline of the cove is heavily wooded and dotted by about 50 homes. 

According to Miles, the parties will have 60 days after the EPD executes the signed order to develop their plan.

Mayor H. Ford Gravitt said he believes Forsyth County should also be a part of the order.

Miles said the document does state that the “city of Cumming contends that Forsyth County should be a respondent.” However, the county disagrees, he said.

“In other words, we’re putting our contention in that they should be a party and they’re putting in their contention that they don’t think they should be a party,” said Miles, noting that the final decision rests with the EPD.


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