Lawsuit negotiated between Riverkeepers, local developer

Georgia Center for Law in the Public Interest- representing Ogeechee- Canoochee Riverkeeper (OCRK) and Altamaha Riverkeeper- has negotiated a settlement in their lawsuit filed against a Swainsboro developer in Southeast Georgia. The settlement under the Clean Water Act allows Pine Tree II, the developers of additional parcels of land around the Super Wal-Mart complex in Swainsboro, to complete development of a small portion of land while preserving more than 15 acres of protected wetlands and streams that flow into the nearby Ohoopee River. A public land trust organization to be named in the near future will manage the settlement.

"We first received complaints from citizens about this site back in 2002. Unfortunately, repeated complaints to state and federal agencies failed to adequately address the problems on the site," said Chandra Brown, executive director of OCRK. "It is our hope that by bringing this costly and time-consuming litigation, other developers will thoroughly review the environmental impact of their development and ensure they are following all of the federal, state, and local laws before they begin construction." The O g e e c h e e - Canoochee Riverkeeper and the Altamaha Riverkeeper organizations received no financial compensation from this settlement. Brown added, "The Clean Water Act provides for reimbursement of fees for attorneys and expert witnesses. This settlement included partial torneys and experts in the case."

"The enforcement of Georgia's erosion and sedimentation laws and the Federal Clean Water Act, designed to keep construction dirt out of our streams and ensure healthy water, is particularly lax in rural Georgia," says Deborah Sheppard, executive director of the Altamaha Riverkeeper. "Citizens are watching for the results of this case to determine if the justice system really protects the environment."

(Repeated calls to the developer have not been returned.)

The two Riverkeeper organizations claim the developers of the Swainsboro Super Wal-Mart "outparcels" illegally trenched a stream, removed a stream buffer, filled in wetlands, and violated the National Pollution Discharge Elimination System (NPDES) permit for construction storm water by discharging excessive amounts of dirt into the surrounding streams and a downstream lake.

The compromise the parties agreed upon, after nearly a year of litigation and settlement negotiations, allows the developers to finish developing a small portion of the property while permanently preserving through a conservation easement over 15 acres of the property, including two small streams, a lake and wetlands area.

The 15 acres of permanently protected wetlands and streams will help to treat storm water leaving the development and downtown Swainsboro, preventing downstream flooding. It also provides vital wildlife habitat in a growing part of the state. Additionally, the inclusion of rain gardens and other features to reduce the amount and speed of rainwater leaving the development site significantly improve the development design.

For a compliance checklist to follow when building in Georgia, visit www.getthedirtout.org.

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