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Berkeley Lake Homeowner Calls EPD On Developer

Homeowner: Developer Is Ruining His Pond And Berkeley Lake

POSTED: 6:34 am EDT September 16, 2009

In Berkeley Lake, near Norcross, one homeowner is battling a big pile of dirt and says even the slightest amount of rain makes a big dirty mess on his property.

It all started with a developer who decided to level off some land.

Chris Holben was better off when Georgia was still in a drought. At least then, the runoff from the adjacent development didn't drain into his pond.

"This was once one of the prettiest ponds in Georgia," said Holben.

Holben has lived in Berkeley Lake for 34 years, but everything changed three years ago, when a developer started trucking in dirt.

"22,000 truckloads," said Holben.

The developer trucked it in to level off land adjacent to Holben's on Peachtree Industrial Blvd. Holben tried to stop the project, but he said his complaints to Gwinnett County officials fell on deaf ears.

"The slope is too long and it's too steep and there's 22,000 dumptruck loads of fill on 3 acres and it doesn't add up," said Holben.

Holben said the runoff has killed the fish in his pond and is now running into neighboring Berkeley Lake.

Residents there are very unhappy, although no one has filed suit.

Holben said he could easily spend $100,000 on legal fees. Instead, Holben has filed a formal complaint with the Environmental Protection Division. If the EPD sides with Holben, it could fine the developer tens of thousands of dollars.

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