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Mashburn Family Trust to pay Cumming $1M over Lake Alice dam breach
Sanders

CUMMING -- More than six months after the reopening of Sanders Road in Cumming, a legal issue tied to the road’s closing has been settled.

Following an executive session at a special called meeting on Tuesday, the Cumming City Council voted unanimously to approve a settlement after mediation with the Mashburn Family Trust, which owned a portion of the dam that breeched.

Sanders Road caved in as a result of excess water and sediment moving underneath it through an undersized culvert after the earthen dam holding back the former Lake Alice breached on May 19, 2013. The road reopened this May.

City Attorney Dana Miles told councilmembers Cumming will receive more than $1 million and land as part of a “global settlement of this case.”

“Having settled under the following terms, the Mashburn defendants will pay to the city $1,050,000 toward the remediation costs that the city incurred in making repairs involved in the breach of the Lake Alice dam,” Miles said. “In addition, the Mashburn defendants will convey by donation to the city approximately five acres of land that is adjacent to greenspace land the city owns in the same area that was part of former lakebed of Lake Alice.”

Work done on the road included the installation of a new double box culvert under the road and removing and replacing damaged sections, along with reinstalling utilities and widening the road’s shoulders.

The city and Forsyth County government split the $434,000 cost to repair the road.