Consent Order With EPD Approved

Press release from City of Sandy Springs:

12/15/2020

The Sandy Springs City Council has approved entering into a Consent Order with the Georgia Department of Natural Resources, Environmental Protection Division (EPD) regarding Lake Forrest Dam. In 2009, Lake Forrest Dam was declared a Category I dam by the EPD. Lake Forrest Drive, its intersection of the City of Sandy Springs and City of Atlanta a common boundary, sits atop the 50 plus-year-old dam, making the dam the foundation of a much-used roadway for both cities.

EPD has identified five dam owners that include the City of Atlanta and the City of Sandy Springs. The two cities have worked together to study the dam and, through an intergovernmental agreement, worked in cooperation with the other dam owners to work on a plan that will guarantee all citizens' safety, comply with EPD requirements, and is consistent with the cities' interests and authority. The other three dam owners include the homeowners' association for the Three Lakes neighborhood along the west side of Lake Forrest Drive, as well as two property owners on the east side of Lake Forrest Drive.

Two homeowners in the Three Lakes neighborhood have sued all dam owners, claiming the dam owners are required to maintain the original water level. One of the other dam owners then sued the cities to prevent the refilling of the impoundment. In addition to being potentially subject to these inconsistent demands, the cities are evaluating their citizenry's interests as to what the water level should be and the scope of their own authority to either raise the water level or breach the dam.

Despite these conflicting demands, the cities have been working with an engineering firm to monitor the dam's safety. In April 2016, with the concurrence of EPD, the City lowered the water level behind the dam to prevent possible harm to people and property located downstream of the dam. The cities have continued to keep all persons and property safe, have continued to monitor the dam, and have continued to study options. The Consent Order with EPD provides that the cities will continue to keep the water level low and will submit either an application to breach the dam or a permit to rebuild it. EPD will issue the final approved breach application or permit to rebuild to all dam owners, not just the Cities, after the litigation issues are resolved.

EPD entered into consent orders with other dam owners requiring them to take certain actions, including cooperating with the cities and providing necessary access to the cities.

This press release was produced by the City of Sandy Springs. The views expressed are the author's own.