Monday, May 19, 2008

Call To Action - Stream Buffers.

A quick note from the folks at

May 19, 2008

Wieland Stream Buffer Variance goes before the BZA Tuesday, May 20, 2008 at 7pmCase number V08-006

This picture depicts a wall built across a stream in Wieland's Braeland development at Crabapple, the developer is now requesting a variance for this wall to remain in the stream buffer, to encroach into the 50' undisturbed stream bank buffer. The variance that the applicant is seeking is actually "after the fact" and should be denied, there is no hardship. The developer has admitted fault for building the wall and causing tremendous damage to the adjacent properties, streams and the lake at Six Hills. The project was permitted by Fulton County in late 2006 prior to the formation of the City of Milton, the developer is stating hardship and that the wall is built according to the plan, but that the stream moved. Staff notes, "we disagreed since there is no evidence that the stream has moved and have held to the position that this constituted an encroachment into the undisturbed stream buffer."

Multiple City, State and Federal code violations have been filed:

March 6, 2008-City of Milton for failure to properly install & maintain erosion control.

May 5, 2008-US Army Corps of Engineers a cease & desist order for failure to submit the required permit and constructing a retaining wall & placing fill material in a perennial stream.Stream buffers are the interface between the water and the land, and they serve many functions making them valuable to people and wildlife. Violation of the Milton stream buffer requirements sets a negative precedent, buffers are meant to protect the community.

The requested variance violates:

City Code Chapter 14.6.5.i., the 50' undisturbed stream bank buffer shall be maintained.
City Code Chapter 14.6.5.ii., a 75' impervious setback shall be maintained.
US Army Corps of Engineers Section 404 of the Clean Water Act (33 U.S.C. 1344)
Crabapple Crossroads Overlay 12H(1).4.A.4, Where retaining walls are required, they shall be faced with indigenous rock or brick.

Voice your opinions on this and other important issues to the Mayor, City Council and Board of Zoning Appeals, our stream buffers must be maintained.

Mayor Joe Lockwood -
Karen Thurman -
Julie Zahner Bailey -
Bill Lusk -
Burt Hewitt -
Tina D'Aversa -
Alan Tart -
Board Of Zoning Appeals -
City Manager Billy Beckett -
Construction Inspector Jimmy Sanders -
Arborist Mark Law -

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