Petition for Writ of Certiorari — Kevin Yeung, Petitioner v. Shannon Humphrey

Supreme Court briefAug 19, 2026

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Text

No. __________

In the Supreme Court of the United States

________________________

KEVIN YEUNG,

Petitioner,

v.

SHANNON HUMPHREY,

Respondent.

___________________________________________

ON PETITION FOR WRIT OF CERTIORARI

TO THE COURT OF APPEALS OF GEORGIA

___________________________________________

APPENDIX, VOLUME II

___________________________________________

Corey John Biazzo

Counsel of Record

BIAZZO LAW, PLLC

9801 Lakeview Ln

Parkland, FL 33076

(703) 297–5777

corey@biazzolaw.com

Attorney for Petitioner

AUGUST MMXXVI

United States Commercial Printing Company • www.uscpc.us • (202) 866-8558

App–iv

APPENDIX

TABLE OF CONTENTS

Volume II

Appendix H

Plaintiff’s Opposition to Defendant’s Statement of

Material Facts to Which There Exists No Genuine Issue and Statement of Theory of Recovery

and Motion for Summary judgment, Superior

Court of Jackson County, State of Georgia, Kevin

Yeung v. Shannon Humphrey,

No. 22CV0988 (Jun. 15, 2024) .................... App–369

Exhibit A ................................................. App–415

Exhibit B ................................................. App–419

Exhibit C ................................................. App–427

Exhibit D ................................................ App–434

Exhibit E ................................................ App–441

Exhibit F ................................................ App–442

Exhibit G ................................................ App–445

Exhibit H ................................................ App–500

Appendix I

Plaintiff Opposition to Defendant’s Motion to

Stirke, Superior Court of Jackson County, State

of Georgia, Kevin Yeung v. Shannon Humphrey,

No. 22CV0988 (Aug. 22, 2024) ................... App–505

Exhibit A ................................................. App–521

Exhibit B ................................................. App–534

Exhibit C ................................................. App–556

App–v

Appendix J

Deposition of Kevin Yeung, Superior Court of

Jackson County, State of Georgia, Kevin Yeung v.

Shannon Humphrey,

No. 22CV0988 (Feb. 22, 2024) .................... App–564

Appendix K

Deposition of Ching Auyeung, Superior Court of

Jackson County, State of Georgia, Kevin Yeung v.

Shannon Humphrey,

No. 22CV0988 (Feb. 22, 2024) ................... App–744

App–369

Appendix H

[Filed: Jun. 15, 2024]

IN THE SUPERIOR COURT OF JACKSON

COUNTY

STATE OF GEORGIA

Kevin Yeung

)

)

)

)

)

)

)

)

)

)

Plaintiff

Vs.

Shannon Humphrey

Defendant,

Civil Action

File No.

22CV0988

PLAINTIFF’S OPPOSITION TO DEFENDANT’S

STATEMENT OF MATERIAL FACTS TO

WHICH THERE EXISTS NO GENUINE ISSUE

AND STATEMENT OF THEORY OF

RECOVERY AND MOTION FOR SUMMARY

JUDGMENT

COMES NOW, Plaintiff, Kevin Yeung files this Opposition in response to Defendant’s Statement of Materials Facts and Motion for Summary Judgment.

Plaintiff states as follow:

1.

Defendant’s Motion for Summary Judgment is accompanied by the Tricked Answers of Plaintiff’s Deposition completed on Feb 22, 2024, led by how Questions

were Asked, Directed, and Worded.

App–370

2.

That Deposition was more of an Oppressive, Abusive,

Wording Maze Intended to harass Plaintiff and Plaintiff’s wife.

3.

Defendant’s Statement of Material Facts and Claims

are Words Only with No Support of Codes, Laws,

Rules, Regulations.

4.

The Ultimate Goal of Defendant is to Escape Codes

Compliance thereby she is relieved of the liability

stemmed from Unpermitted Activities.

5.

Nuisance and Trespass are Ongoing and Continuing.

Photos Reveal the Truth. See Exhibit “B”

A nuisance is defined as “performing a continuous or

regularly repetitious act, or creating a continuous or

regularly repetitious condition, which causes the hurt,

inconvenience, or injury.” Mayor C. of Savannah v.

Palmerio, 242 Ga. 419, 249 S. E. 2d 224 (Ga. 1978).

6.

Trespass is a criminal Offense.

O. C. G. A. 16-7-21

(a) “A person commits the offense of criminal trespass

when he or she intentionally damages any property of

another without consent of that other person “

(b) A person commits the offense of criminal trespass

when he or she knowingly and without authority.

App–371

(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.

7.

Defendant has entered Plaintiff’s land to cut Defendant’s grass during the warm season since 2021 to present.

8.

There is NO need to enter Plaintiff’s yard to cut grass

on Defendant’s Site. They DO NOT need to Stand on

Plaintiff’s Wall to cut grass.

9.

No Permission Obtained. Defendant and her family

Know it is illegal to enter someone’s property without

permission. But They DO NOT Care.

10.

Defendant Pays no attention to Unlawful Entry and

will do what she desires with NO Consequence.

11.

Weeds and other Vegetation have grown taller than 5

foot in Defendant’s yard. This area is Unsanitary

and could become harboring grounds for Pests and Rodents affecting Plaintiff’s Residence. See Exhibit “B”

“Allowing grass or other vegetation to reach a height of

more than 16 inches; such areas can become harboring

grounds for pests and rodents.” City of Jefferson Ordinance

12.

App–372

Defendant’s Metal Gate is Blocking Own Access thus

it was inconvenience to them.

13.

For Convenience, Defendant Trespasses Plaintiff’s

Property. Due to Inconvenience, Defendant Creates Nuisances to Plaintiff’s Property. These are

Evidenced by Photos, not Assumptions.

14.

Jackson County Code Ordinance Chapter 19 Article 1

Sec 1805 Nuisance

“All Provisions of this division shall be applied to private property where an accumulation of weeds, trash,

junk, filth and other unsanitary or unsafe conditions

shall create a public health hazard or a general nuisance of the persons residing in the vicinity. A

finding by any governmental health department,

health officer or building inspector that such property

is a health or safety hazard shall constitute prima

facie evidence that such property is in violation

of this division and O. C. G. A. 41-2-8 – 41-2-17.”

(Ord. No 17-003, § 1, 10-2-2017)

15.

O. C. G. A. 41-2-9

“it is the duty of the owner of every dwelling, building,

structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes

in force within the jurisdiction, or such ordinances

which regulate and prohibit activities on property and

which declare it to be a public nuisance to construct or

App–373

maintain any dwelling, building, structure, or property in violation of such codes or ordinances.”

16.

Defendant’s Statement of Material Facts are Untruthful. Since the filing of Plaintiff’s Complaint of

11/28//2022, More Damages were found and Caused

by Defendant’s Site and their Actions.

17.

She has a lack of Concern about Any of Plaintiff’s

Damages or Plaintiff’s Complaints or the Judicial System.

18.

Defendant Only to Deny All issues and Blamed Plaintiff for wrongfully accusing her.

19.

Defendant will continue to Trespass and Create Nuisance to Plaintiff’s Land if Defendant’s Motion for

Summary Judgement is Granted.

20.

Plaintiff Prays this Honorable Court to enjoin Defendant’s Interference of the continuing Nuisance and

Trespass to Plaintiff’s Property.

21.

Defendant once told a landscaper employed by Plaintiff she had experienced Erosion coming from Lot 91P,

an adjacent lot. Erosion was going into Defendant’s

Swimming Pool in 2023.

22.

App–374

Defendant had to drain pool at some point. Draining

18,000 gallons of water to a location with no place for

Water to Exit will result in a flood.

23.

When it rains, roads become wet.

basic knowledge of an individual.

This is within the

24.

When Defendant releases 18,000 Gallons of Pool water to the Current Pop Up Location, Plaintiff’s property would have a flood or water pooling in back yard.

Water then goes down to outside of basement area.

25.

Defendant’s Current Pop Up Emitter Location is Not

Permitted Under Law. Below are Legal Reasons.

26.

Jackson County’s Stormwater

Program

Management

“Jackson County’s Stormwater Management Program

was created in 2015 to comply with Phase II of the National Pollutant Discharge Elimination System, part

of the Federal Clean Water Act, that requires local governmental agencies to obtain a permit and monitor the

storm water runoff in their jurisdictions.” Jackson

County Stormwater Management.

“Stopping pollution at its source is the most effective

way to prevent harmful pollutants from being washed

by storm water runoff into our storm drains, and ultimately, our rivers and creeks.” Jackson County Stormwater Management.

App–375

This program is intended to reduce water pollution

that is caused by stormwater runoff.

27.

The Clean Water Act (CWA)

“The Clean Water Act (CWA) establishes the basic

structure for regulating U. S. water quality standards

and the discharge of pollutants into surface water.

”Clean Water Act (CWA)

28.

It is clear and understood from Affidavit of Steven A.

Howard that Defendant had tied drains and downspouts together into one central place and water get

disbursed to a Pop Up Emitter located 3–5 foot (Approximate) by the Property Line of Plaintiff and Defendant. Steven Affidavit No. 14

29.

Steven’s statement is consistent with the photos captured by Plaintiff in related to the location of all

plumbing fixtures and Pop Up Location.

30.

Now, Pool Chlorine Water CANNOT be drained to the

street or City storm drains by Law.

31.

Defendant’s Pool water is NOT Supposed to Flow

onto Street Per Georgia Clean Water Act.

“All waters shall be free from toxic, corrosive, acidic

and caustic substances discharged from municipalities, industries, or other sources, such as nonpoint

sources, in amounts, concentrations, or combinations

App–376

which are harmful to humans, animals or aquatic

life.”

32.

Next, Defendant’s Roof or Storm water Need to be

Directed to Street per the Building Plan Requirement.

”Grade 12 inch High Berm & Swale to Direct Water

Away from lot 089P & Toward Street ; Tie Downspouts

into Drainage Pipe & Direct Toward Street. ”

33.

It becomes illogical but to Ask one simple Question:

“What is the Purpose of Routing Pool Water and

Storm Water together when

1) Pool Water cannot be flowed onto Street,

__________Not Allowed___________→ Street

2) Storm water needs to be directed to street?

____________Must Direct _________→ Street

34.

The Routing of Pool and Stormwater together is Producing Conflicting Result. All Water released from

Pop-Up Emitter is Not Directional and has no place to

go but circling around. This is neither complying

with Local nor State Requirement.

35.

The Motive is Clear.

36.

Steven, former Code Officer and the inspector seemed

to have Overlooked this.

37.

App–377

“Pool Water is Not flowing onto the street.” Defendant’s

answer to Plaintiff’s Interrogatory No. 18 under Oath.

“………Collects runoff from the back and side yards

and conveys this runoff to the street.” per Defendant’s

Engineer’s Guy Abernathy’s Opinion.

38.

Here Critical Questions follow, “ When Pool and

Storm Water are tied together, should Water be

Flowed or Not Flowed onto the Street once released

from Defendant’s Pop Up Emitter ?”“Plaintiff’s Residence is a corner lot connecting to Defendant’s Back

and Side yards. How do water Escape or Bypass

Plaintiff’s land and convey to the street?”

39.

The Answer is Obvious. Water is Intentionally Directed onto Plaintiff’s Land.

40.

The Augusta Storm Water Management Ordinance,

section (§ ) 5-1-8 states: “It is unlawful for any person

to throw, drain, run, or otherwise discharge to any

component of the municipal separate stormwater system…all matter of any nature excepting only such

App–378

storm or surface water as herein authorized.” See Exhibit “G”

In addition, “codes § 5-3-4 and § 7-2-1 prohibit citizens

from engaging in activities that constitute a nuisance,

inconvenience, or annoyance to the public.” Augusta

Storm Water Management Ordinance.

41.

The City of Marietta’s Swimming Pool Construction

and Permitting Guidelines states

“Chemically treated pool water cannot discharge into

any street, storm sewer, drainage area, creek, lake or

other waterway, or adjoining property, by authority of

the City and State EPD regulations.” See Exhibit “G”

42.

The City of Auburn mandates All swimming pools,

spas, and associated improvements must adhere to International Swimming Pool and Spa Code w/ Georgia

Amendments and the International Residential Code.

See Exhibit “G”

43.

Other Counties in State of Georgia are to follow International Swimming Pool and Spa Code as a

Guide when Governing Swimming Pool.

44.

The International Swimming Pool and Spa Code Not

adopted by Jackson County in administrative Procedures (For Swimming Pool) Does Not Bar Defendant’s

Obligation to Comply with GA State or Federal Regulations.

App–379

45.

International Swimming Pool and Spa Code is Mandatory Code per Georgia Law O. C. G. A. 8-2-20 (9)

(B) https://www.dca.ga.gov/local-government-assistance/construction-codes-industrialized-buildings/construction-codes

46.

International Swimming Pool and Spa Code

2018 Edition with Georgia State Amendment

2020. 302.4 Concealed Piping Inspection states,

“Piping, including process piping, that is installed in

trenches, shall be inspected prior to backfilling.”

See Exhibit “G”

47.

Governor Brain Kemp Issued Executive Order per

O. C. G. A. 8-2-20 (9) (B) as follow:

“ The Uniform Codes Act is codified at chapter 2 of title

8 of The Official Code of Georgia Annotated.

O. C. G. A. Section 8-2-20(9)(B). Below is a list of the

current mandatory and permissive state codes. Each

of these separate codes typically consist of a base code

(e. g.The International Building Code as published by

the International Code Council) and a set of Georgia

amendments to the base code. The mandatory

codes are applicable to all construction whether

or not they are locally enforced ……………….These

codes are as follows:”

Mandatory Codes:

International Building Code

App–380

International Residential Code for One- and TwoFamily Dwellings

International Fire Code International Plumbing Code

International Mechanical Code

International Fuel Gas Code National Electrical Code

International Energy Conservation Code

International Swimming Pool and Spa Code

O. C. G. A. Section 8-2-20 (2022)

48.

Defendant shall not be relieved of her obligation to

comply with O. C. G. A. 8-2-20 (9) (B) International

Swimming Pool and Spa Code even when Jackson

County did not enforce compliance. See Exhibit “E”

49.

Defendant is Further responsible for the liability by

creating a large Concentration of Pool and Storm Water to a central area which in turn, Water flows onto

Plaintiff’s Land.

50.

A Search Record instead of Actual Blue Card ID was

included in Defendant’s Inground Swimming Pool Application in order to receive a Swimming Pool Permit.

This is misleading and fraud, a material fact intended

to deceive others to acquire something in exchange.

O. C. G. A.§ 23-2-52. ”Misrepresentation of a material fact, made willfully to deceive or recklessly without

knowledge and acted on by the opposite party or made

App–381

innocently and mistakenly and acted on by the opposite party, constitutes legal fraud.”

51.

Plumbing Inspection is Aimed for Protection and to

Ensure the Safety of all Pipes and the Construction as

a whole. All in the benefits of the Homeowner self.

52.

Why would a homeowner Reject such Important Aspect 1) Pressure Test or 2) Inspection? No Document

shows Pressure Text or Inspection was performed

after Underground Pipes Installation of 08/13/22 (Sat)

- 08/14/22 (Sun). Weekend is outside of the Government’s Operation hours. Any Dates presented to

show Inspection after these dates are deemed inaccurate because Underground pipes was already concealed Under Concrete.

App–382

53.

Defendant together with her family members have

very little concern about the Nuisance and Trespass

they created.

54.

She is aware that Plaintiff and Defendant share two

adjacent lots within a parcel of land. Yet Defendant

has no sense of her Rights, Duties, Obligations and

Responsibilities as a Homeowner or Neighbor.

55.

App–383

Defendant presented no New Evidence or Laws to

support her Claims in Defendant’s Motion for Summary Judgement Other than a chase of words led by

misleading questions.

56.

During Deposition, Plaintiff answered “Yes” to Defendant’s Question “Did you see water flowing onto

your property?” This Straight forward answer is not

reflected in Defendant’s Motion for Summary Judgement, only other tricked answers were used.

57.

All the Questions Asked during Deposition were carefully planned to calculate how answers are Pointed

and Directed to a Conclusion.

58.

The very short to no notice of Deposition (1 day) was

Conducted in Bad Faith with Intend for Intimidation

and Harassment. Set Stages for Plaintiff.

“Are you a Pool Contractor?”

“Are you an inspector?”

“Are you a scientist?”

“Are you a Code Officer?”

“Have you ever Built a Pool?”

“Why did you take this photo?”

“Sue the County.”

“We know You’re Home.”

“You did not answer the door.”

App–384

59.

These are example of questions asked at Disposition.

They aimed to Annoy, Confuse and Undermine Plaintiff and Plaintiff’s Wife.

60.

Plaintiff has Rights to install Cameras on own property for Crime Prevention and Protection.

61.

It is a Common and Legal Practice in today’s modern

society to install cameras. All Commercial and Residential Buildings have installed surveillance camera

including Court houses and Governmental Buildings.

62.

Defendant is Vindictive to see Plaintiff’s Cameras in

place that are Intended for Plaintiff Own Protection

and Rights.

63.

In Surface Water, USGS Published information made

available online to Public viewers.

“When water “runs off” the land surface, that’s runoff!

Due to gravity, the water you wash your car with runs

down the driveway as you work, and rain runs

downhill. ”

“When it rains, some water is absorbed into the

sponge (infiltration) while some runs off the surface of

the sponge and into the stream (runoff).”

“When rain hits saturated or impervious ground, it

begins to flow overland downhill. It is easy to see if it

flows down your driveway to the curb and into a storm

App–385

sewer, but it is harder to notice it flowing overland in

a natural setting.”

https://www.usgs.gov/special-topics/water-scienceschool/science/surface-runoff-and-water-cycle

64.

This is Not Assumption but “The Law of Gravity”

65.

Defendant’s property is Few Feet Higher than Plaintiff’s property. Water flows Downhill is a Known

Fact and Concrete Foundation.

66.

Any water not retained on Defendant’s site flows

downhill. This is not Plaintiff’s Assumption but a

Factual Statement and Reality.

67.

Defendant’s Plumbing alternation that took place on

08/19/2022 and 09/03/2022 further caused an increase

of water flow. She has no Rights of doing.

68.

Georgia Stormwater Law made it very clear that Uphill Owner CANNOT do anything to Alter the Natural

Flow or Increase Flow onto Downhill Property.

69.

Plaintiff experienced No Prior flooding until Defendant had altered and made changes to Natural flow of

water on her site on 08/12-08/14, 08/19/2022 and

09/03/2022.

70.

App–386

Defendant attempted to Direct Excess Water is NOT

Theory or Assumption. It is a FACT. Defendant attempted to Direct Pool Water is NOT Theory or Assumption. It is a FACT.

Per O. C. G. A. 51-9-7

“The diverting of the stream in whole or in part

from its natural and usual flow, or the obstructing

thereof so as to impede its course or cause it to overflow or inquire the land through which it flows or

any right appurtenant thereto, or the polluting

thereof so as to lessen its value to the owner of such

land shall constitute a trespass upon the property.”

App–387

App–388

App–389

App–390

App–391

71.

These are Real People Performing Prohibited Activities that are not Permitted by Law. As much as Defendant would Argue but it does not change the Fact

that All of the above Activities are Unlawful.

72.

“The landowner has no right to divert the water from

its usual channel.” Per O. C. G. A. 44-8-1.

The owner of the higher tract “has no right to concentrate and collect water and thus cause it to discharge

upon the land of a lower property in greater quantities

at a particular locality or in a manner different from

that in which the water would be received by the lower

property if it simply ran down upon it from the upper

property by the law of gravitation.” Sumitomo Corp. of

America v. Deal, 256 Ga. App. 703, 704 (2002).

73.

The Above Captured Activities ultimately have

caused more runoff onto Plaintiff’s land and damaged

Plaintiff’s Property.

74.

If Defendant had not Altered or made these changes,

Plaintiff would have NO Flooding. Plaintiff Had

Zero Flooding from 2014 to 2021. Defendant is responsible and liable for their Actions.

75.

Georgia nuisance law provides a remedy to homeowner whose property is damaged by the activities of

a neighboring landowner, developer or municipality.

App–392

76.

There’re words that lie in the Realms of Truth. This

for instance, * Earth moves at a steady rate but one

cannot see or feel the earth is moving. *Air contains

oxygen.

77.

These Factual statements are Concrete Foundation,

Common Knowledge and Undeniable.

78.

Defendant’s Argument is against Scientific facts and

without Merits. It further contradicts with the information published by U. S. government. Defendant

Argued, “Water does not flow Downhill onto Plaintiff’s

Land.”

79.

Defendant’s Polluted Water (Pool and Lawn Chemical) landed onto Plaintiff’s yard is Degrading Plaintiff’s Land and Harm the environment in a way. See

Exhibit “C”

O. C. G. A. § 51-9-7 (2020)

“……………………………………………….., or the polluting thereof so as to lessen its value to the owner of

such land shall constitute a trespass upon the property.”

80.

The Georgia Hazardous Site Response Act

(HSRA) O. C. G. A. 12-8-96.1 (2010)

App–393

O. C. G. A. 12-8-96.1 (2010) Liability for cleanup costs;

punitive damages; action for recovery of costs and

damages; claims for contribution

“(a) Each and every person who have contributed to a

release of hazardous waste, a hazardous constituent,

or a hazardous substance” are jointly and severally liable for cleanup costs associated with a corrective action.

81.

Plaintiff’s Photos and Videos are Proof and Evidence

of Illegal Actions committed by Defendant.

82.

Plaintiff’s Own Dirt (well protected by Tarp) was completely removed prior to November 2022 with no dirt

remaining as of Nov 6, 2022. See Exhibit “A”

83.

Plaintiff’s walkway showed no Discoloration or severe

contamination as of 03/06/23. See Exhibit “A”

84.

Substantial Damage identified and recorded in June

2023. This is after Defendant’s Landscape modification of 03/06/2023 that was completed by By The

Yard LLC, a Landscape and Pool Company. Plaintiff’s stone walkway was completely destroyed by contamination and Soil.

85.

This is the result of Defendant’s Pool Runoff and the

recent landscape activity. Rain contained no chlorine therefore could not combine with other elements

App–394

to become Chloride. Rain is impossible to produce

this type of damages.

86.

‘By The Yard LLC’ should be Refrained from having

any future involvement or making improvement on

Defendant’s site relating to this case. Their Actions

had caused more damages.

87.

Defendant’s Swale is also creating an increase of water flow in part. A lay person is able to see the Swale

and make determination without special skills. Half

of the Swale retains water in Defendant’s yard but the

other half of Swale represents “Down Side of the

Slope.” The down slope measures approximately a little less than 2 feet in height all across the property

line as long as there is Berm existed. Here is an example:

App–395

Defendant’s Site

∩←

Plaintiff’s Site

88.

The downslope always carry water down onto Plaintiff’s land Consistently. This is also an increase of

water flow in addition to all other alternations made

on site by Defendant.

89.

It is a FACT that Defendant has committed activities

to Alter Water Flow on her site Deliberately.

90.

It is a FACT that Defendant has Conducted Multiple

Construction Activities and Self Grading to Increase Water Flow Intentionally.

91.

The Various Actions of Defendant are contributing to

an increase of 250 percent (Peak Flow Rate )of Water

that flows onto Plaintiff’s Land. See Exhibit “D”

92.

All the above mentioned are Unnatural Flow of Water

and are Artificially Created.

93.

The Law does not Allow Any of these Conducts.

“In the case of a nuisance involving the runoff of surface water, the actual damages are evidenced by a

showing the property owners are deprived of the full

App–396

use and enjoyment of their property by the increased

flow of surface waters or sediments.” Baumann et al.

v. Snider et al. 243 Ga. App. 526 (2000).

“The law allows permanent Injunction and damages.”

Baumann et al. v. Snider et al. 243 Ga. App. 526

(2000).

94.

The above Activities of Defendant are not Assumptions but Undeniable Facts. They are Proofs to Support Plaintiff’s Motion for Summary Judgement.

95.

The lack of Swale in Defendant’s Back Yard is obvious

as shown on photos. See Exhibit “F”

96.

Defendant later concealed the non-compliance by putting mesh to block view from Public. Bushes were

planted on 03/06/2023 in hopes to make up the lack of

12 inch of swale that was supposed to be there.

97.

This action is concealment, evidenced by Photos. Not

theory of Plaintiff but a “Recapture of what really happened in History.”

98.

Throughout the Entire Litigation, Defendant has

been making False Claims, Distortions, Untruthful

Statements.

99.

App–397

Defendant has Planned, Engaged, Allowed, and

Acknowledged All of the Prohibited Activities in her

Full Capacity.

100.

Plaintiff’s alleged complaints are Proven by Facts, Sciences, Photos, Videos, Professional Opinions, etc.

101.

It shall be noted that All affidavits of Jackson County

Code Officer and Inspector were based upon inspections prior to Defendant’s Second Landscape Modification of 03/06/2023.

102.

When Grass is replaced by Rock around the Pop Up

Emitter area, it creates a change in effect on Topography which is causing more run off. As Rock cannot

absorb water into the ground, it overflows. In addition, Light Rain, Moderate to Heavy Thunderstorm

also make a big difference.

103.

A report from Jah Environmental and Safety LLC is

shown as Exhibit “ C” to Rebut Defendant’s Statements of Facts and Motion for Summary Judgment.

104.

A Report from AMT Engineering is also included here

as Exhibit “D” to Rebut Defendant’s Statements of

Facts and Motion for Summary Judgment.

105.

Mr. Cordle, Building Inspector from Echota Home Inspections Inc, a Certified Building Official was

App–398

retained to Rebut Defendant’s Statement of Material

Facts and Motion for Summary Judgement.

106.

Mr. Cordle is willing to testify in Court. The Report

is forthcoming and will be submitted to Court upon

receipt.

107.

The Opinions of these Experts are based upon Sufficient Facts and Data. Reliable Principles and methods are Followed per O. C. G. A.§ 24-7-702.

108.

Defendant is expanding the litigation cost on Plaintiff

and Wasting the Court’s time.

109.

SUMMARY OF UNPERMITTED ACTIVITIES

CONDUCTED BY DEFENDANT

Defendant has committed a series of Unlawful Activities below, Undeniable:

1) Unlawful Diversion of Flow on 08/19/2022 per

Photo.

2) Self Grading in Own back Yard.

3) Creation of Pool and Storm Water Concentration on

09/03/2022 per Photo.

4) Misrepresentation of document submitted to obtain

a swimming pool permit in June 2022; No Plumbing

Permit or Full Plumbing Inspection on Swimming

Pool.

5) Increase Water Flow and Releasing Concentrated

Water to Pop Up Emitter 3-5 feet from Property

Line.

App–399

6) Apply Substantial amount of Chemical in lawn and

caused pollution to Plaintiff’s land.

7) Direct Pool Chlorinated water onto Plaintiff’s property and to the street.

8) Failure to maintain Yard across the Property Line

and allowed Weed to grow taller than 3 feet.

LAW AND AUTHORITY

110.

I) Jackson County Code Ordinance Sec.

Weeds and Grass.

1806 –

“NO grass, underbrush or Weeds shall be permitted or allowed to grow to a height greater than 12

inches above ground level………..” (Ord. No 17003, § 1, 10-2-2017)

“All provisions of this division shall be applied to

private property where an accumulation of weeds,

trash, junk, filth and other unsanitary or unsafe

conditions shall create a public health hazard or

a general nuisance of the persons residing in the

vicinity

111.

II) O. C. G. A. § 41-2-7 (b), O. C. G. A. 41-2-8–41-2-17

(b) “All the provisions of this Code section and

Code Sections 41-2-8 through 41-2-17 including

method and procedure may also be applied to private property where there exists an endangerment

to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. ”

App–400

O. C. G. A. 41-2-8–41-2-17

“A finding by any governmental health department, health officer or building inspector that

such property is a health or safety hazard shall

constitute prima facie evidence that such property

is in violation of this division and O. C. G. A. 412-8–41-2-17.”

112.

III) O. C. G. A. § 44-8-1

“Running water belongs to the owner of the land

on which it runs. A landowner does not have

rights to divert water from its usual channel nor

may he so use or adulterate it as to interfere with

the enjoyment of it by the next owner.”

113.

IV) O. C. G. A. 51-9-7

“The diverting of the stream in whole or in part

from its natural and usual flow, or the obstructing

thereof so as to impede its course or cause it to

overflow or inquire the land through which it

flows or any right appurtenant thereto, or the polluting thereof so as to lessen its value to the owner

of such land shall constitute a trespass upon the

property.”

114.

V) O. C. G. A. 8-2-20 (9) (B)

“ The mandatory codes are applicable to all construction whether or not they are locally enforced.”

115.

App–401

VI) Georgia Stormwater Law

“The owner of the higher tract has no right to concentrate and collect water and thus cause it to discharge upon the land of a lower property in

greater quantities at a particular locality or in a

manner different from that in which the water

would be received by the lower property if it simply

ran down upon it from the upper property by the

law of gravitation. ” Sumitomo Corp. of America

v. Deal, 256 Ga. App. 703, 704 (2002).

116.

VII) Misrepresentation of Document in Obtaining a Swimming Pool Permit

“In an action sounding in tort for damages resulting from fraudulent misrepresentation, the gist of

the action is the deceit intended.” Central Chevrolet, Inc. v. Campbell, 129 Ga. App. 30, 198 S. E. 2d

362 (1973).

“A material misrepresentation, constituting actual fraud, may give rise to an independent action

in tort for deceit, to recover for damage thus occasioned.” O. C. G. A. § 51-6-2.

117.

VIII) Violation of Georgia Erosion and Sedimentation Act of 1975

“Adequate provisions must be provided to minimize damage from surface water to the cut face of

excavations or the sloping surfaces of fills”

“Cuts and fills may not endanger adjoining property”

App–402

“Upon a showing by the director that such person

has engaged in or is about to engage in any such

violative act or practice, a permanent or temporary injunction, restraining order, or other order

shall be granted without the necessity of showing

the lack of an adequate remedy at law.”

118.

IX) Jackson County Code Ordinance Unified Development Article 8, Sec 827. – Regulation

Responsibilities of permittees.

(b) “ For each site on which land-disturbing activity

occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in

the state general permit, shall have as at least one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or

person and who meets the applicable education or

training certification requirements developed by the

state soil and water conservation commission present

on site whenever land-disturbing activities are conducted on that site.”

119.

X) O. C. G. A. 12-7-7 (a) states “No land‐disturbing

activities shall be conducted in this state, except those

land‐disturbing activities provided for in Code Section

12‐7‐17, without the operator first securing a permit

from a local issuing authority.”

XI) O. C. G. A. 12-7-6 (b) “The rules and regulations,

ordinances, or resolutions adopted pursuant to this

chapter for the purpose of governing land-disturbing

activities shall require, as a minimum, protections at

App–403

least as stringent as the state general permit; and best

management practices, including sound conservation

and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent

with, no less stringent than, those practices contained

in the Manual for Erosion and Sediment Control in

Georgia published by the State Soil and Water Conservation Commission……………………..”

120.

XII) Georgia Constitution, Art.

para. IV

III, sec.

VI,

(a) “Laws of a general nature shall have uniform operation throughout this state and no local or special law

shall be enacted in any case for which provision has

been made by an existing general law, except that the

General Assembly may by general law authorize local

governments by local ordinance or resolution to exercise police powers which do not conflict with general

laws.”

121.

Georgia State Minimum Standard Swimming

Pool and Spa Code. Adopted with Amendments (ISPSC 2012) Section 102 Applicability.

102.1 General

“Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials,

methods of construction or other requirements, the

most restrictive shall govern.”

122.

App–404

Georgia State Minimum Standard Swimming

Pool and Spa Code with Georgia State Amendments 2020

(A) 300. 1. Scope “The provisions of this code shall

apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of

aquatic recreation facilities, pools and spas. The

pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.”

ARGUMENT

123.

Defendant’s husband is not a Qualified Individual to

complete grading in his own back yard. There was

Inadequate best management practices (BMP), No

Proper and Sound Engineering practices to prevent or

minimize erosion and resultant sedimentation. This

is a Fact, not Assumption.

124.

GESA requires a Certified individual to be on site

while land disturbing activity is taking place. This is

the Guideline.

125.

Plaintiff’s land has Ongoing Erosion.

This is a Fact.

126.

If the Court Grant Defendant’s Motion for Summary

Judgement, the following Issues will remain Open

and Non- Compliance still in effect.

App–405

1) Defendant’s Swale lacking 12 inch of Height as

required by Site Plan all across the property line.

Without the required Height, Water (Unnatural)

Flows onto Plaintiff’s Land Continuously causing

Flooding and Erosion Issues.

2) Defendant’s Swimming Pool does not meet the

Minimum Standard Requirement set forth by International Swimming Pool and Spa Code as required by O. C. G. A. 8-2-20 (9) (B).

https://www.dca.ga.gov/local-government-assistance/construction-codes-industrialized-buildings/construction-codes

The Code was designed to establish the Rights and

Privileges of the Design Professional, Contractors and

Property Owner.

3) Unlawful Diversion of Flows on 08/19/2022.

This Activity is Prohibited.

4) Unpermitted Concentration of Pool and Storm

water into a Central Location on 09/03/2023.

This is allowing Water to Overflow onto Plaintiff’s Yard during Rain Events.

5) Continuing Trespass and Nuisances when Defendant has No permission to Enter Plaintiff’s

Land.

6) Defendant’s Site has No Record of Notice of Termination, a State and Federal Requirement.

7) Pool Chlorinated Water entering State Water is

a Violation of Georgia Clean Water Act and Contaminating Plaintiff’s Land Constitutes to Trespassing Plaintiff’s Property.

127.

App–406

All of the Above are Creating Erosion, Pollution, Runoff and Sentiments to Plaintiff’s Lot and Property.

These are Not Assumptions but all happening in Real

Life. If Not Stopped, Irreparable Damages Continues.

128.

Certificate of Occupancy issued by Jackson County

does not mean the listed above are not Causing Problems into Plaintiff’s Lot.

129.

Local Governments are required to incorporate environmental planning criteria into their comprehensive

land use plan per O. C. G. A. § 12-2-8 and Ga. Comp.

R. & Regs. r. 110-12-1-.07

130.

O. C. G. A. § 12-16-2 (2022) “The General Assembly

finds that:

1.

The protection and preservation of Georgia’s diverse environment is necessary for the maintenance of the public health and welfare and the

continued viability of the economy of the state and

is a matter of the highest public priority.”

131.

Georgia Constitution Article IX.

Paragraph III

Section II.

(c) “Nothing contained within this Paragraph shall

operate to prohibit the General Assembly from enacting general laws relative to the subject matters listed

in subparagraph (a) of this Paragraph or to prohibit

the General Assembly by general law from regulating,

App–407

restricting, or limiting the exercise of the powers listed

therein.”

132.

Georgia Constitution Article IX.

Paragraph IV.

Section II.

Planning and zoning. ”The governing authority of

each county and of each municipality may adopt plans

and may exercise the power of zoning. This authorization shall not prohibit the General Assembly from

enacting general laws establishing procedures for the

exercise of such power.”

133.

Purpose of Notice of Termination NOT is: 1) To ensure All Construction Activities at a site have been

completed according to the Approved plans 2) Meet

Environmental Regulations. 3) Inform the authorities

the site is ready for Occupancy.

134.

Both Georgia Soil Water Conservation Commission

GSWCC and Environmental Protection Division require the filing of NOT for construction activities that

involves Land Disturbance Activities including

Stormwater Runoff Controls.

135.

Environmental Protection Division (EPD) is responsible for enforcing State Environmental Laws which includes Land Disturbing Activities.

136.

App–408

O. C. G. A. 12-7-7 clearly requires a Land Disturbing

Permit. This Statute thereby Preempting Jackson

County Local Ordinance that does not require such a

permit.

a.

“No land-disturbing activities shall be conducted in this state, except those land-disturbing

activities provided for in Code Section 12-7-17,

without the operator first securing a permit from

a local issuing authority or providing notice of

intent to the division as required by this Code

section.”

137.

a.

Constitutional Rule of Uniformity

“Laws of a general nature shall have uniform operation throughout this state and no local or special law

shall be enacted in any case for which provision has

been made by an existing general law except that the

General Assembly may by general law authorize local

governments by local ordinance or resolution to exercise police powers which do not conflict with general

laws.” Georgia Constitution. of 1983, art. III, sec.

VI, para. IV(a)

138.

State Legislatures has Passed Preemption Laws intend to curb the autonomy of local Municipal. Uniformity clause follows Preemption Rule to preclude local government ordinance when a general law exists.

139.

Georgia State Environmental Laws

App–409

i) Article 2 of Chapter 5 of this title, the “Georgia Water Quality Control Act”

ii) Chapter 7 of this title “Erosion and Sedimentation

Act of 1975”

iii) International Swimming Pool and Spa Code

These are Existing General Laws

140.

Jackson County Local Ordinance is Overruled by the

Uniformity Clause since there is a general Law on the

subject matter.

141.

The Higher Authority displaces the lower authority of

Law when there is a Conflict between Local Ordinance and Existing General Law Under Article III,

Section VI, Paragraph IV(a).

142.

State Preemption of Local Laws

“ The doctrine of state preemption is based on the concept that statutes of the state legislature control over

county ordinances. Generally preemption is based on

legislative intent Under federal law, for example, Congress may express an intent to preempt state law by expressly defining the area of preemption, extensively

regulating an area so that preemption may be inferred,

or enacting a law that directly conflicts with state law.

Similarly, state law may preempt local law expressly,

by implication, or by conflict.”

Franklin County v. Fieldale Farms Corp., 270 Ga.

272, 273-74 (Ga. 1998)

App–410

143.

In Essence, Plaintiff’s Primary Complaints and Concerns are Intended for Safety Measures, Prevention,

Control, Protection, Promote Awareness.

144.

Non-compliance results in Injuries, Degradation of

Habitat, Catastrophic Damages and a Loss of Sense.

It is extremely important to Enhance the Culture of

safety to reduce the risk of accidents and Injuries; Prevent any Further Damages and Correct the Current

Deficiency.

CONCLUSION

145.

Plaintiff’s Complaints are not Assumptions. Photos

and Videos Reveal the Truth and tells the Past History, “A Recapture of What Really Happened.”

146.

Defendant has No Intention to follow Codes, Rules,

Regulations; No Intention to Take Corrective Action;

No Remorse or showed no signs of Sympathy to Plaintiff’s Property damages. Threat or Intimidation

made to Plaintiff so to Dismiss case. No Regret for

Wrong Doing.

147.

‘No Trespass’ ‘No Nuisance’ but Evidence showed

Trespass and Nuisance Existed, still Continuing.

Convenience is more of Importance to them, not

Safety and Compliance.

148.

App–411

Defendant’s Activities and Manner exhibit Harmful,

Belligerent and Averse to others.

149.

Defendant had Acted “ Conscious Indifference to Consequences.”

150.

She and her family will continue to Create More

Harms to Plaintiff’s property if Defendant’s Motion for

Summary Judgment is Granted.

151.

Lack of Caring or Concerns about the Trespass and

Nuisance brought to Plaintiff’s Land. Defendant

takes this matter lightly and pay no Respect to Plaintiff’s Property, the Environment and Laws.

152.

Defendant’s Pollution Related Actions are vitally Impacting the Earth, Undermining Ecosystems, and Destroying Natural Resources.

153.

These Misconducts and Activities should be Prohibited and Disallowed.

154.

Plaintiff Prays this Honorable Court to Enjoin Defendant’s Interference of the Continuing Nuisance

and Trespass upon the Land of Plaintiff.

155.

Plaintiff’s Complaints are well supported by Codes,

Rules, Regulations, Applicable Laws, Data, Public

App–412

Records, Professional Engineers/Opinions, Inspection, Photos, Videos, Witness.

156.

For the Forgoing Reasons, Plaintiff Prays this Court

to Deny Defendant’s Motion for Summary Judgement

and Grant Plaintiff’s Motion for Summary

Judgement.

App–413

IN THE SUPERIOR COURT OF JACKSON

COUNTY

STATE OF GEORGIA

Kevin Yeung

Plaintiff

vs.

Shannon Humphrey

Defendant,

)

)

)

)

)

)

)

)

)

Civil Action

File No.

22CV0988

UNIFORM RULE 5.2 CERTIFICATE OF

SERVICE

I Certify that on this day I serve a copy of the foregoing

Plaintiff’s Opposition to Defendant’s Statement

of Material Facts to Which There Exists No Genuine Issues and Statement of Theory Of Discovery and Motion for Summary Judgement

Upon party of record via Statutory Electronic Service

thru PeachCourt System to:

MAHAFFEY PICKENS TUCKER, LLP

Brian T. Easley

1550 North Brown Road

Suite 125

Lawrenceville, Georgia 30043

beasley@mptlawfirm.com

App–414

WEINSTEIN & BLACK, LLC

Dave McDonald

167 Lee Street

Jefferson, GA 30549

Dave@WBlegal.net

This __15th___day of ___June, 2024

/s/ Kevin Yeung

Kevin Yeung

P O BOX 911

BRASELTON,GA 30517

App–415

Exhibit “A”

Plaintiff’s Dirt

App–416

App–417

App–418

App–419

Exhibit “B”

Continuous Trespass and Violation

App–420

App–421

App–422

App–423

App–424

App–425

App–426

App–427

Exhibit “C”

Environmental Report

App–428

Jah Environmental Safety & Health, LLC

Date: March 15, 2024

Mr. and Mrs. Yeung

2904 Muscadine Way

Jefferson, GA 30549

Phone: 929-206-8315

Re: Environmental Assessment 2904 Muscadine Way,

Jefferson, GA 30549

Hello Mr. & Mrs. Yeung,

On Wednesday, February 28, 2024, per your request, a representative from Jah Environmental

Safety & Health, LLC (JESH) visited the residence located at 2904 Muscadine Way Jefferson, GA 30549 to

conduct a Visual Environmental Assessment.

Environmental Report: Impact of High pH

Runoff Water on Vegetation

Introduction:

This report addresses concerns regarding the runoff

water from a neighboring property, which has been

observed to have a high pH level, likely due to chloride

contamination. This runoff is causing damage (erosion) to the vegetation on the lower-level property located at 2904 Muscadine Way. The purpose of this

App–429

report is to assess the environmental impact of the

high pH runoff water and propose mitigation

measures to alleviate its effects on vegetation.

Matrix

Results

(Extractable

Chloride)

Date

Soil

40.48 lbs/acre

07/17/23

Soil

<4.15 lbs/acre

07/17/23

Soil

5.747 lbs/acre

08/04/23

Soil

10.56 lbs/acre

11/30/23

Soil

8.631 lbs/acre

03/13/24

Laboratory Results

Observations:

High pH Levels: Visual observation showed extensive damage to the vegetation and greenery throughout the property located at 2904 Muscadine Way.

The erosion demonstrates a distinct pattern that originates from the high point of the property (property

line between the two properties). Previous laboratory analysis confirmed the presence of chloride contamination in the soil and revealed elevated pH levels.

Vegetation Damage: Vegetation on the lower level

of the two neighboring properties (2904 Muscadine

Way) has shown signs of stress and damage (erosion),

likely attributed to the high pH runoff water.

Environmental Impact Assessment:

App–430

1. Vegetation Damage: The high pH levels of the

runoff water are detrimental to plant life, causing

stress, discoloration, and potential long-term damage

to vegetation. Vegetation Damage: Vegetation on

the lower level of the neighboring property has shown

signs of stress and damage, likely attributed to the

high pH runoff water. The high pH levels of the runoff water are detrimental to plant life, causing stress,

discoloration, and potential long-term damage to vegetation.

2. Soil Health: Continuous exposure to high-pH

water can alter the soil pH, affecting nutrient availability and soil structure, and further impacting plant

health and ecosystem stability.

3. Water Quality: Runoff containing chloride can

negatively impact local water bodies, affecting aquatic

life and overall water quality.

Mitigation Measures:

1. Diversion Systems: Implementing diversion

channels or swales can redirect runoff water away

from vulnerable areas, preventing direct contact with

vegetation.

2. Buffer Zones: Establishing vegetated buffer

zones along the boundary of properties can help absorb and filter runoff water, reducing its harmful effects.

3. PH Neutralization: Installing pH adjustment

systems, such as limestone beds or chemical dosing,

App–431

can neutralize the high pH of the runoff water before

it reaches sensitive areas.

4. Source Control: Identifying and addressing the

source of chloride contamination, such as improper

storage or disposal of chemicals, is essential to prevent further runoff pollution.

5. Education and Communication: Promoting

awareness among neighbors about the importance of

proper runoff management and the potential consequences of chemical contamination can encourage responsible practices.

Conclusion:

The runoff water containing high pH levels, likely due

to chloride contamination, poses a significant threat

to vegetation and ecosystem health. An average

chloride concentration in soil typically ranges from 0

to 200 parts per million (ppm), or approximately 0 to

0.04 lbs./acre depending on location, soil type, and

land use. Therefore, several readings are significantly higher than typical background levels. Effects of such elevated levels in soil may include: 1.

Impact on Plant Health: Excessive chloride can disrupt the osmotic balance in plant cells, leading to wilting, leaf burn, and overall decreased plant health.

Some plants may exhibit chlorosis (yellowing) or necrosis (death of plant tissue). 2. Soil Structure Degradation: High chloride levels can contribute to soil

compaction and reduced soil porosity, impeding water

infiltration and root growth. This degradation in soil

App–432

structure can affect the overall productivity and sustainability of the land. 3. Toxicity to Soil Microorganisms: Soil microorganisms crucial for nutrient cycling and soil health can be negatively affected by high

chloride concentrations, leading to a decline in soil fertility and microbial activity. 4. Impact on Water

Quality: Chloride can leach into groundwater and surface water bodies, affecting aquatic ecosystems and

drinking water quality. High chloride levels in water

bodies can be toxic to aquatic organisms and can also

contribute to the corrosion of infrastructure. 5. Impact on Human Health: In areas where groundwater

is used for drinking water supply, high chloride levels

can pose health risks to humans, particularly those

with pre-existing health conditions such as hypertension or cardiovascular disease. Given these potential

impacts, it’s essential to address the source of chloride

contamination and implement remediation measures

to restore soil and water quality to safe levels. This

may involve identifying and controlling the sources of

chloride, implementing best management practices

for runoff and irrigation, and possibly remediation

techniques such as soil flushing or phytoremediation.

Implementing appropriate mitigation measures is

crucial to minimize environmental damage and maintain the integrity of the local ecosystem. Collaboration among neighbors and stakeholders is essential to

address this issue effectively and sustainably.

Recommendation:

We recommend immediate action to implement mitigation measures and establish communication channels among neighbors to address the issue collectively

App–433

and prevent further environmental degradation.

Consulting with environmental experts and regulatory agencies can provide guidance on appropriate actions to mitigate the effects of high chloride levels.

For further inquiries or assistance in implementing

mitigation measures, please feel free to contact our

environmental experts.

JESH Review Link

Jah Environmental Safety & Health, LLC would love

your feedback. Please post a

review to our profile using the link below:

https://g.page/r/CVbeUeJwI7CnEBE/review

Thank you,

Brent E. Wadlington, BS, CIEC, IH

Jah Environmental Safety & Health, LLC

300 Peachtree St. NE, Suite CS2, PMB 1148

Atlanta, GA 30303

Phone: 470-615-MOLD (6653)

Mail: brentw@jesh.llc Web: www.jesh.llc

App–434

Exhibit “D”

AMT Engineering Report

App–435

May 21, 2024

Ms. May Auyeung

2904 Muscadine Way

Jefferson, GA 30549

RE:

Email: kam8888@live.com

Stormwater Run-off Inspection – 2904 Muscadine Way, Jefferson, Georgia

Armentrout Matheny Thurmond, P.C.,

Project No. 24048

Dear Ms. Auyeung,

On February 20, 2024, a representative from Armentrout Matheny Thurmond, P.C. (AMT) visited your

property at the above address to review the current

conditions. The property is a corner lot and receives

stormwater from an adjacent lot, 2478 Traditions

Way, Jefferson Georgia. After purchasing the house

in July 2021, the owner, Shannon Humphrey (based

upon public tax records), constructed a pool and

graded the rear yard. This resulted in a change of

direction of stormwater such that water flows onto

your property. The pool pump system discharges to

a swale on the 2478 Traditions Way property which

runs parallel to the common property line. The

pump discharges through a pop-up valve that appears

to be positioned such that water flow is not directional.

These pop-up valves discharge water radially so that

the water is thrown in a circle. The area does not

App–436

appear low enough to contain that spray discharge.

Furthermore, the ditch “runs out” at the front of the

house and it appears stormwater will flow onto your

yard on Traditions Way.

I reviewed the segmental block wall on your side of

the property line. You placed the wall to direct flow

parallel to the property line that comes from 2478 Traditions Way. This is partially successful, but water

from 2478 Traditions Way continues through the segmental block and runs across your property towards

Muscadine Way.

As you told me, all these issues with run-off commenced when the pool was constructed sometime in

2023. The run-off increased across the property line

and continues to erode the slope at your property line.

Your effort to redirect storm flow was only partially

successful and the block wall creates a shady area behind it such that grass will not grow on the slope.

My analysis shows that the peak flow rate onto your

property increased over 250 percent after the pool was

constructed. My analysis is attached. I also analyzed a triangular ditch similar to that observed at

2478 Traditions Way. The existing ditch may have a

parabolic cross-section. The assumptions regarding

ditch size and slope should be considered an example

rather than the existing condition. If the selected

ditch cross-section is accurate, then the ditch may be

adequate. I did not enter the neighboring property

to verify ditch geometry. I would need permission to

measure the current ditch on 2478 Traditions Way to

correctly model the storm flow in the ditch.

App–437

Should you have any questions, please do not hesitate

to contact this office.

Sincerely,

Armentrout Matheny Thurmond, P.C.

/s/ Michael B. Thurmond

Michael B. Thurmond, P.E.

President

App–438

2478 TradiƟons Way

Roof Area Draining to Rear

1,275 sqft

Pool Area Draining Offsite

1,236 sqft

Area of Grass

507 sqft

Total = 3,018 sqft

Peak Flow Analysis

25 Yr/50 Yr/100 Yr NOAA Maysville Station 09-5633

(Rainfall Station)

Tc = 5 Min

LAT 34.2647 / LONG -83.5581

For 5 Min Tc

RETURN

PERIOD

25 Yr

50 Yr

100 Yr

RAINFALL INTENSITY

(INCHES/HOUR)

9.17

10.2

11.2

C-VALUES

0.25 Wooded Lot

0.95 ResidenƟal Lot

SITE AREA

A = 3.018/43560

= 0.0692 AC

Q = CiA

For CondiƟons Existing Now

25 Yr

0.95 (9.17)(.069) = 0.60 cfs

50 Yr

0.95 (10.2)(.069) = 0.67 cfs

100 Yr

0.95 (11.2)(.069) = 0.73 cfs

App–439

For Conditions Prior to Construction

25 Yr

50 Yr

100 Yr

RETURN

PERIOD

25 Yr

50 Yr

100 Yr

0.25 (9.17)(.069) = 0.16 cfs

0.25 (10.2)(.069) = 0.18 cfs

0.25 (11.2)(.069) = 0.19 cfs

POST - PRE

(cfs)

0.44

0.49

0.54

% INCREASE

231

272

284

App–440

App–441

Exhibit “E”

Mr. Cordle Report

*Report is forthcoming (No Report)

App–442

Exhibit “F”

No Swale

App–443

App–444

App–445

Exhibit “G”

Other Counties Swimming Pool Guidelines &

Pool Discharge Published by EPA

App–446

City of Marietta

Swimming Pool

Construction and

Permitting Guidelines

06.01.2022

App–447

INTRODUCTION

• The intent of this document is to reasonably inform our citizens, designers, developers, and

contractors of the codes and laws related to

both inground and above ground pool construction in effect within the City and to communicate the rules, regulations, policies, and procedures for safe and code compliant pool construction.

CURRENT

CODES

DESIGN

AND

CONSTRUCTION

Residential

• International Residential Code, 2018 Edition,

with Georgia Amendments (2020)

• International Plumbing Code, 2018 Edition,

with Georgia Amendments (2020), (2022)

• International Mechanical Code, 2018 Edition,

with Georgia Amendments (2020)

• International Fuel Gas Code, 2018 Edition,

with Georgia Amendments (2020), (2022)

• National Electrical Code, 2020 Edition, with

Georgia Amendments (2021)

• International Energy Conservation Code, 2015

Edition, with Georgia Amendments (2020),

(2022)

• International Swimming Pool and Spa Code,

2018 Edition, with Georgia Amendments

(2020)

• Rules of the Department of Public Health for

On-site Sewage Management Systems (511-31)

App–448

Commercial

• International Building Code, 2018 Edition,

with Georgia Amendments (2020), (2022)

• International Plumbing Code, 2018 Edition,

with Georgia Amendments (2020), (2022)

• International Mechanical Code, 2018 Edition,

with Georgia Amendments (2020)

• International Fuel Gas Code, 2018 Edition,

with Georgia Amendments (2020), (2022)

• National Electrical Code, 2020 Edition, with

Georgia Amendments (2021)

• International Energy Conservation Code, 2015

Edition, with Georgia Amendments (2020),

(2022)

• International Swimming Pool and Spa Code,

2018 Edition, with Georgia Amendments

(2020)

• Cobb County Board of Health Rules and Regulations for Swimming Pools (2018)

GENERAL GUIDELINES

• Most all City residential districts allow swimming pools, however private pools located in

subdivisions are normally subject to restrictions imposed by covenants or subdivision

regulatory committees.

• Approval by an HOA or Cobb County Environmental Health (CCEH) does not authorize proceeding with pool construction without first

having a City of Marietta issued swimming pool

building permit on site.

• All pools governed by HOAs will require CCEH

approval prior to submittal for permit.

App–449

• Pools and other accessory structures, such as

cabanas, bath houses, equipment shelters, etc.,

must maintain a ten-foot (10’) setback from side

or rear property lines. In cases of corner lots,

the accessory structure may not be closer to any

right-of-way than the principal building.

GENERAL GUIDELINES (cont.)

• All accessory structures such as cabanas, bath

houses, etc. must be permitted separately.

• Chemically treated pool water cannot discharge

into any street, storm sewer, drainage area,

creek, lake or other waterway, or adjoining

property, by authority of the City and State

EPD regulations.

• If associated dwelling is on a septic system, approval of plans from CCEH is required before

submitting for City of Marietta permit.

• CCEH must inspect concealed pool plumbing

prior to covering and approve the finished construction of the pool and bathhouse before a

swimming pool operational permit can be issued by the health department.

• No pool or associated structure shall be located

upon any easement, such as a drainage easement or sewer easement.

• All retaining walls not attached to pool foundation walls will require separate permits. Any

wall over 4 feet, as measured from the base of

the footing, will require engineered plans.

• Any pool directly connected to a potable water

supply will require backflow protection per International Plumbing Code Section 608.

App–450

PERMIT SUBMITTAL REQUIREMENTS

•

•

•

•

Copy of Contractor driver’s license

Copy of Contractor business license

Copy of Pool Construction details

Site plan:

1. All commercial applications will require a

site plan from a Design Professional (Professional Engineer, Registered Land Surveyor, or Landscape Architect)

2. Residential applications may require a Design Professional at the discretion of the

Building Official or his designee.

• All site plans must include, at a minimum, the

following:

1. North arrow

2. Scale (between 1”=50’ to 1”=10’ based on lot

size)

3. Address of property

4. Name of current owner

5. Property Lines

6. Building setback lines

7. Easements

8. Existing structures and proposed pool and

appurtenances

9. FIRM panel and in/out floodplain statement

10.

Location of any streams and associated

buffers and/or zoning setbacks

11.

Limits of disturbance

12.

Erosion and sediment control BMPs.

13.

Spot elevations

App–451

14.

Water line and sanitary sewer locations

(If pool is connected to sanitary sewer, location must be noted on plans)

NOTE: Electrical permit associated with pool permit

required to be issued prior to issuance of pool permit.

CONSTRUCTION GUIDELINES

• Contractor is responsible for installing and

maintaining safety barriers to pool excavation

per OSHA Standard 1926.652

• Copies of all permits and stamped, approved

plans are required onsite.

• A Pool Steel inspection is required for all inground pools using reinforcing steel construction.

• Pools utilizing liners may require both Footing

and Foundation Wall inspections.

• Concealed piping is required to be inspected

prior to covering. (ISPSC 302.4)

• Tests on water piping systems shall use water

(25psi) and not compressed air. (ISPSC 302.7)

• The Plumbing Underslab inspection is used for

scheduling piping inspection.

• The Pool Bonding inspection is required to verify pool perimeter, reinforcement steel (where

applicable), lighting, ladders, and all other

metal equipment are connected together with

approved pressure connectors into a common

bonding grid with a minimum #8 solid copper

conductor. (NFPA 70 Article 680.26).

• Contractor may schedule Pool Steel, Pool Underslab and Pool Bonding on same day.

App–452

• All gas line installations will require permitting by licensed professional and require inspections for pressure (15 psi) and depth (18”

min.) before covering.

• All buried electrical conductors to be inspected

prior to covering. (NEC T300.5)

• Permanent Pool Fence and associated barriers

must be installed, inspected, and approved

prior to filling pool. (ISPSC Section 305)

• Pool Barrier requirements (ISPSC Section 305)

can be found using the following link:

h

ttps://up.codes/viewer/georgia/ispsc-2018/

chapter/3/general-compliance#305

• Heated pools are required to have vapor retardant cover unless heated by solar or heat pump.

• Pool Final inspection requires pool to be completely full of water, all associated equipment

operational, all appurtenances such as steps

and ladders, etc. installed, and all grading,

landscaping, and other associated sitework

completed. Grading, Zoning, Plumbing, and

Electrical Final inspections must be approved

prior to Pool Final approval.

INSPECTION SEQUENCING

• For gunite/shotcrete pools, pool steel will be

first inspection followed by Plumbing Underslab, and Pool Bonding. Contractor

may schedule all three for same day if ready.

• Vinyl liner pools may require both Footing

and Foundation Wall inspections (where applicable) followed by Plumbing Underslab

and Pool Bonding. If pool is connected to

App–453

•

•

•

•

•

either sanitary sewer or septic system,

schedule Plumb Sewer inspection before

covering.

Gas lines must be permitted by either a licensed plumbing or mechanical contractor

and be inspected under test pressure (15psi)

using Gas Test inspection before covering.

All underground electrical conductors shall

be inspected using Electric Ditch cover inspection.

Pool Fence inspection shall be scheduled

prior to filling pool when all required barriers and alarms are in place.

Grading, Zoning, Plumbing, and Electric Final inspections can be scheduled on same

day if desired.

Pool Final inspection can be scheduled when

all previous inspections have been approved, and vapor barrier (if applicable) for

heated pools is in place.

App–454

App–455

SWIMMING POOL PERMIT APPLICATION

Required Inspections and Zoning Setback

Information on Page 2

TOWN OF BRASELTON - PLANNING AND

DEVELOPMENT DEPARTMENT

4986 Highway 53, Braselton, Georgia. 30517

(706) 654-3915 phone (706) 654-9237 fax

kdkeller@braselton.net e-mail

Date:

______________

Owner: _____________ Gen. Contractor: ______

City/Zip: ____________ Address: _______________

Address: ____________ City/Zip: _______________

Phone: _____________ Phone: ________________

E-Mail: _________________

County (Please Circle County):

Jackson

Barrow

Gwinnett

Hall

Site Address: __________________________________

Lot # (if applicable): _____________________________

Subdivision Name (if applicable): ________________

Electrician (Sub-Contractor Certification Required)

_________________________________________________

*Pool Bonding, Electrical Wiring and Components,

Service Upgrades

Plumber (if applicable) (Sub-Contractor Certification

Required) _______________________________________

*Plumbing permit required only for connection to

plumbing system or if drains will be installed.

Mechanical (*Heating/Gas Line Installation) (SubContractor Certification Required) ________________

App–456

Swimming Pools, Spas, and associated improvements must adhere to the standards set forth in

the 2018 International Swimming Pool and Spa

Code w/Georgia Amendments and the 2018 International Residential Code w/ Georgia

Amendments

All swimming pools, associated decking and

fencing shall have a setback of 5 feet from any

property line or shall be no closer to any side

property line than the residential structure,

whichever is greater.

Additional Documents Required:

1. Site Plan – Site Plan must show property boundaries, pool and pool decking location, pool fence/barrier location, access gate location, proposed accessory

pool structures or other improvements, existing house

footprint, distance of pool decking and fencing from all

property boundaries, existing easements on property

(if applicable), stream buffer areas (if applicable)

2. Homeowners Association Approval (if property is in a Planned Unit Development Zoning District)

3. Environmental Health Department Approval (if property is served by Septic Tank)

4. Sub-Contractor Certification Forms

*Swimming Pool Permit Fee is $150 + add on fees

for any electrical, plumbing, or mechanical

work. All add on fees and permits for trades

will be combined with the Pool Permit Fee and

collected at the time of permit issuance.

App–457

I hereby make application for permit as above, and if

it is granted, I agree to conform to all applicable Building Codes, Town of Braselton Ordinances and Resolutions, Subdivision Regulations and plans and/or specifications submitted. Any person, firm or corporation

violating any of the applicable codes, ordinances, resolutions, or regulations shall be deemed guilty of a

separate offense for each and every day or portion

thereof during which any violation is committed, continued, or permitted, and upon conviction of any such

violation such person shall be punishable by a fine, or

by imprisonment, or by both. Any variation from the

submitted information may violate existing Town of

Braselton regulations which will cause this permit to

become null and void. This permit is valid for a period of six months and shall expire by limitation and

become null and void if the building or work authorized by this permit is not commenced within six

months from the issue date, or if the building or work

authorized by such permit is suspended or abandoned

for a period of six months or more after the work has

commenced.

I certify the above is correct with my signature:

_______________________________________

(If the signature is not from the General Contractor or

Property Owner, then an Authorized Agent Form

must be submitted.)

App–458

SWIMMING POOL PERMIT APPLICATION

REQUIRED INSPECTIONS FOR PRIVATE RESIDENTIAL SWIMMING POOLS

Site/Setbacks/Safety

Fence

Basket (in-ground pools)

Circulation/Drain

Piping

Pressure Test

Electrical Bonding

Backflow

Gas Piping

Pressure Test

Deck Bonding

Pool Final

Permanent Fence

Electrical System

Door Chimes

Energy (Heated Pools)

BRASELTON ZONING SETBACK REQUIREMENTS:

All swimming pools, associated decking and fencing

shall have a setback of 5 feet from and property line

or shall be no closer to any side property line than the

residential structure, whichever is greater.

Call the Building Inspector at 706-654-3915 ext.

1007 for inspection requests. Please leave the

permit number, type of inspection requested,

and contract number.

App–459

FEES:

General Pool Permit - $150

Electrical - $50

Gas line/heat - $50

Plumbing - $50

App–460

A Guide to Swimming Pool Discharges

Why is Discharging Pool Water a Problem?

Discharges of chlorinated or otherwise chem ically

treated swimming pool water directly to the ground,

to the storm sewer system, and ultimately to local

streams are not authorized by local ordinance, and

are hence prohibited by law. The underlying reason

is that chlorine and other pool-related chemicals have

the potential to significantly alter water chemistry

and lower oxygen concentration in streams, both of

which are detrim ental to fish and other wildlife. It

is also unlawful to c reate a nuisance by permitting

large quantities of water to flow onto adjoining properties or roadways.

The Augusta Storm water Management Ordinance,

section (§ ) 5-1-8 states:

“It is unlawful for any person to throw, drain, run, or

otherwise discharge to any component of the municipal

separate stormwater system…all matter of any nature

excepting only such storm or surface water as herein

authorized.”

In addition, codes § 5-3-4 and § 7-2-1 prohibit citizens

from engaging in activities that con stitute a nuisance,

inconvenience, or annoyance to the public.

What is the Correct Way to Drain Your Pool?

You have two options when it comes to properly

draining your pool, including:

App–461

1.

Swimming pool water may be directly disposed of

in the municipal s anitary sewer system without

treatment using a sewer clean out located on

your property . Do not dispose of pool water directly into a city sanitary sewer manhole, and

never discharge chlorinated or chemically

treated pool water to the storm sewer system.

Residents utilizing the sewer clean-out option to

drain a swimming pool must understand that the

proper ty owner is liable for any backup or other

damage caused by draining a swimming pool into

the City sewer.

2.

Alternatively, pool water m ay be discharged to

the storm sewer system, provided it is first

dechlorinated to a concentration of less than 0.1

milligrams per liter using dechlorination tab lets

or solutions available at your pool supply store.

Inexpensive and easy to use chlorine test kits are

also available there.

To Prevent Back-ups

1.

2.

3.

The safest f low rates are 12 to 15 gallons per minute (gpm) or less.

Watch your hose. The force of the water can

cause it to dislodge. Also, make sure the hose is

securely inside the drain, but not obstructing the

main wastewater flow.

Monitor the lowest-lying drains in your hom e.

Any back-up will likely appear there first.

App–462

4.

If back-up occurs, stop draining your pool and

contact a plum ber or a licensed pool service company.

[Pictures omitted]

If you have any questions, contact the

Augusta Engineering Department

522 Greene Street

Augusta, Georgia 30901

706-821-1706

App–463

A Guide to Swimming Pool Discharges

Why is Discharging Pool Water a Problem?

Discharges of chlorinated or otherwise chemically

treated swimming pool water directly to the ground,

to the storm sewer system, and to local streams are

not authorized by local ordinance and are hence prohibited by law (Ord. No. 2014-12-07, § 1(24-502), 1216-2014). The underlying reason is that chlorine and

other pool-related chemicals have the potential to significantly alter water chemistry and lower oxygen

concentration in streams, both of which are detrimental to fish and other wildlife. It is also unlawful

to create a nuisance by permitting large quantities of

water to flow onto adjoining properties or roadways

The Brookhaven Storm Sewer Illicit Discharge and Illegal Connection Ordinance, Section (§ ) 25-648 states:

“It is unlawful for any person to discharge or to cause,

permit, or suffer to be discharged any pollutants or any

water or stormwater containing any pollutants to any

component of the city MS4. Such discharge shall be

deemed an illicit discharge and constitutes a violation

of the provisions of this article.”

The Dekalb County Ordinance, Section (§ ) 13–183

Permit Required, states:

“Direct discharge of polluted waters, such as drainage

from overflow facilities, filter backwash waters or contaminated pool drainage from any public or residential pool shall not be made to any outlet or to any

App–464

portion of the public storm drain system, or to any natural stream or to any body of water or ground surface

within the jurisdiction of the board, unless otherwise

approved by the director.”

What is the Correct Way to Drain Your Pool?

Swimming pool water may be directly disposed of in

the municipal sanitary sewer system without treatment using a sewer clean out located on your property.

Do not dispose of pool water directly into a city sanitary sewer manhole, and never discharge chlorinated

or chemically treated pool water to the storm sewer

system. Residents utilizing the sewer clean-out option to drain a swimming pool must understand that

the property owner is liable for any backup or other

damage caused by draining a swimming pool into the

City sewer.

To Prevent Back-ups

• The safest flow rates are 12 to 15 gallons per minute (gpm) or less.

• Watch your hose. The force of the water can

cause it to dislodge. Also, make sure the hose is

securely inside the drain, but not obstructing the

main wastewater flow.

• Monitor the lowest-lying drains in your home.

Any back-up will likely appear there first.

• If back-up occurs, stop draining your pool and contact a plumber or a licensed pool service company.

App–465

If you have any questions, contact the Public

Works Department.

[Pictures omitted]

City of Brookhaven

4362 Peachtree Road, Brookhaven, GA 30319

Phone: 404-637-0500 • Fax: 404-637-0501

www.brookhavenga.gov

App–466

LAGRANGE

GEORGIA

Swimming

Pool

Inspection

Process

City of Lagrange

200 Ridley Ave.

Lagrange GA 30240

706-883-2060

Dear Customer,

Swimming pools, spas and hot tubs within the City of

Lagrange require a permit and inspections. Please

provide proof of ownership, a signed lease or notarized

authorization from the owner when applying for a permit. Also, please provide a copy of your electrician’s

State issued license as well. Once you have the permit

on site, you may schedule an inspection via the inspections@lagrangega.org email. Please include any special instructions (call ahead, lock box codes, etc.) and

a contact number. Inspections received by 4:00pm will

be conducted the next regular day of business, excluding holidays or inclement weather. The contractor will

need to make sure we have access to all work done for

inspection. Inspection approvals will be signed on the

permit card and a correction report will be left on site

if needed.

Inspections Required:

Rough Plumbing- All plumbing piping must be inspected prior to covering with a pressure test on.

Rough Electric– All underground conduits, wires,

light shells and feeders to pump panel must be inspected prior to being covered.

App–467

Pool Bonding– All bonding elements must be inspected prior to concrete placement. Pools with metal

walls, braces, or other metallic parts must be bonded

as well in accordance with Article 680 of the 2020

NEC.

Footings or Pool Rebar Basket- Prior to concrete

placement once all rebar is in place. Some vinyl liner

pool kits require a footing to brace walls. This footing

must be inspected as well.

Underground Gas piping if applicable.

Final– Pool, fencing and alarms (if applicable) are all

complete. All site work must be complete as well.

Note: when scheduling roughs, please make sure

bonding, pool basket and rough plumbing are scheduled together.

Sincerely,

William Hart

Building Official

[Pictures omitted]

App–468

SWIMMING POOL (RESIDENTIAL) BUILDING

PERMIT REQUIREMENTS

City of Auburn

1369 4th Ave.

Auburn, GA 30011

The purpose of this document is to provide guidance

in obtaining a building permit for a Residential Swimming Pool. A residential swimming pool is defined as

“any structure intended for noncommercial swimming

or recreational bathing that contains water over 24

inches deep, including in-ground, above-ground, and

on-ground swimming pools, hot tubs, and spas.

All swimming pools, spas, and associated improvements must adhere to the standards set forth in the

2012 International Swimming Pool and Spa Code w/

Georgia Amendments and the 2012 International

Residential Code.

Step 1:

Obtain approval from Barrow County

Environmental Health.

If home is served by a private septic tank

system, you must receive approval from the

Barrow Environmental Health Services office before a permit can be issued.

Step 2:

Submit swimming pool site plan and

Auburn building permit application.

Site plan must show property boundaries

and distances from proposed structures,

pool and pool decking location, fence/barrier

App–469

location, access gate location, accessory pool

structures, house footprint, easements (if

applicable), and stream buffers (if applicable). Pools must be in the rear yard and set

back from property lines according to city ordinances.

• Fence/Barrier Requirement: Swimming

pools must be enclosed within a 4-foot high

fence or barrier. Openings in any barrier

shall not allow passage of a 4-inch diameter

sphere. All access gates to the pool shall be

self-closing and self-latching. Walls of a

dwelling may serve as part of the barrier if

one of the following is met: 1) the pool is

equipped with a powered safety cover; 2) All

App–470

Building Inspections Forms & Applications

To start the application for a building permit you must

begin at Planning and Development unless you are attaching to an existing permit.

-For more information about how to obtain a building

permit click here.

Please use the permit portal, Accela, to either apply for

permits or upload supporting documents for your permit. This will ensure that Hall County will receive

documents sent and applied to the correct permit file.

We will need the following documents:

• A completed sub-contractor affidavit

• Copies of your business and state licenses

• The appropriate permit fee page filled out with

what the job entails.

Information Forms Only

•

•

•

•

Inspection Request Line Brochure

Current Codes (PDF)

General Information - English (PDF)

Información General - En Español (PDF)

Single Family Residential Only

•

•

•

•

•

Building Permit Requirements and Application

New Construction Inspection Checklist (PDF)

Sub-Contractor Affidavit (PDF)

Residential Grading Requirements

Authorized Agent Form

App–471

Affidavit Requirements

These forms must be turned in before final inspection:

•

•

•

•

•

•

•

30-Day Gas Affidavit (PDF)

30-Day Power Affidavit (PDF)

Energy Affidavit (PDF)

Insulation Affidavit (PDF)

New Construction Homeowner Affidavit

Existing Structure Homeowner Affidavit

CMB (Electrical/Plumbing/Mechanical) Affidavit

Electrical, Mechanical & Plumbing Permits

These permits and permit fees are not to be used for

new single family residences:

• Electrical Permit Fees (PDF)

• Mechanical Permit Fees (PDF)

• Plumbing Permit Fees (PDF)

Swimming Pool Permits

Electrical, Mechanical and Plumbing Permits to be acquired separately under the master permit.

• Swimming Pool Contractor Form

Commercial Permits

• Commercial Permit Information (PDF)

• Plan Review Application (PDF)

• Special Inspections and Testing Agreement

(PDF)

App–472

• Statement of Special Inspections (PDF)

Manufactured Homes

• Manufactured Home Requirements

App–473

doors with direct access to pool are equipped

with an alarm; 3) other means such as selfclosing doors and self-latching devices.

• If the walls of an above-ground pool are used

as a barrier or where the barrier is mounted

on top of the pool structure and means of access is a ladder or steps, then: 1) the ladder

or steps shall be capable of being locked, secured, or removed to prevent access, or: 2)

the ladder or steps shall be surrounded by a

barrier.

Step 3:

Site plan and application review

Swimming pool site plan and application

will be reviewed and permit will be issued

upon payment of permit fee.

• Swimming Pool fee: $6.50 per $1000 of

estimated construction cost (minimum fee

of $120)

• Additional Documents: Sub-Contractor certifications (plumbing, electrical,

mechanical) required.

Step 4:

Inspections:

Inspections will typically include electrical,

plumbing, and mechanical(heating/gas

line) if required. Inspections must be successfully passed and with required barriers

in place prior to filling the pool with water

and occupancy. Inspections are requested

by calling (770) 963–4002 ext. 229.

App–474

• Swimming pools under construction and

filled with water must have a temporary

fence until permanent fence is installed.

Barrow Environmental Health Services

10 W. Williams St., Winder, Ga. 30680

(770) 307-3502

City of Auburn

1369 4th Avenue

Auburn, Ga. 30011

(770) 963-4002

App–475

6/5/24, 1:23 AM

Building Department | Franklin County, GA

FRANKLIN County

Georgia

_________________________________________________

Home ›› Departments

Building Department

Our Responsibilities

The Franklin County Building Department is responsible for issuing, maintaining, and tracking permits

for all new construction, alterations, and additions,

along with reviewing plans, and inspecting residential

and commercial construction for compliance with current Georgia Building Codes and any other applicable

construction requirements.

Franklin County Building Inspections enforces the International Building Codes as prescribed by the International Code Council, mandated by and amended by

the State of Georgia.

The following Building Codes have been adopted by

Franklin County.

• International Building Code, Latest Adopted

Edition with Georgia Amendments

• International

Residential

Code,

Latest

Adopted Edition, with Georgia Amendments

App–476

• International Fire Code, Latest Adopted Edition (No Georgia Amendments)

• International

Plumbing

Code,

Latest

Adopted Edition, with Georgia Amendments

• International

Mechanical

Code,

Latest

Adopted Edition, with Georgia Amendments

• International

Fuel

Gas

Code,

Latest

Adopted Edition, with Georgia Amendments

• National Electrical Code, Latest Adopted Edition (No Georgia Amendments)

• International Energy Conservation Code, Latest Adopted Edition, with Georgia Supplements and Amendments

• International Swimming Pool and Spa Code,

Latest Adopted Edition, with Georgia Amendments

• International Property Maintenance Code, Latest Adopted Edition, with Georgia Amendments

Franklin County Building Inspections also enforce

Erosion and Sediment Controls for new developments

within the County.

To apply for a building permit please click on the

Building Permit Application in the upper left hand of

the page, and click on the link that will take you to the

permit portal.

Building Permit Applications

County Ordinances

Environmental Health

Planning & Zoning

Schedule an Inspection

App–477

Frequently Asked Questions

What is the best way to schedule an inspection?

How long does it take to get a building permit?

Can I live in an RV as a permanent residence?

Do I need a permit for my driveway?

What structures can I build without a building permit?

App–478

Franklin County Planning and Zoning

141 Athens St. / P.O. Box 159

Carnesville, GA 30521

Residential Swimming Pool Permit Application

Checklist

*Building permits are required for all structures 150 sq ft or more.*

The following list of documentation are required submittals for a Residential Building Permit

_____

1. Recorded Plat AND Deed of property

_____

2. Septic permit (if applicable)

_____

3. 911 Address application (if applicable)

_____

4. Completed water/sewer application (if applicable)

_____

5. Contractor licensing documentation (state

license card) if General Contractor used. General

Contractor’s

are

required

for

rental/lease/and commercial properties.

_____

6. Completed trade permit application Electric

_____

7. Subcontractor licensing documentation

(state license card) for Electrical / Plumbing /

Mechanical Contractors used. If homeowner

is completing trade work himself, a Homeowner affidavit must be submitted documenting what work the homeowner is completing.

App–479

_____

8. 1 set of scaled construction drawings with

dimensions

_____

9. House location plan: scaled lot drawing

with a scaled footprint of house and any other

structure located on property, show building

limitations, setback requirements, and erosion sediment control.

_____

10. Number of Acres Disturbed (Graded):

__________

*If over 1 acre, a Notice of Intent (NOI) must

be obtained from GA EPD and included with

application. NOI’s can be obtained via GA

EPD GEOS at:

https://geos.epd.georgia.gov/GA/GEOS/Public/GovEnt/Shared/Pages/Main/Login.aspx

_____

11. GSWCC Level 1A certification (Blue Card)

(if applicable). If a grader is hired, they must

possess a blue card and a copy of the blue card

submitted. If a property owner is completing

the grading, then this must be notated on a

Homeowner’s affidavit and Homeowner’s affidavit submitted.

_____

12. One (1) copy set of GSWCC approved ESC

plans (if applicable) for initial, intermediate

and final phases (applicable for grading over

1 acre as well as secondary and tertiary permit holders).

_____

13. Homeowner’s Affidavit (if applicable).

May be submitted by homeowner completing

work on his own property for his own personal

App–480

use. This cannot be used for rental/lease/commercial properties.

_____

14. Letter / Documentation of Approval from

Franklin County Environmental Health

App –481

S t o r m w a t e r B e s t M a n a g e m e n t P r a c ti c e

E d u c a ti n g R e si d e n t s o n S af el y Di s c h a r gi n g

C h e mi c all y T r e a t e d W a t e r

Mi ni m u m M e a s u r e: P u bli c E d u c ati o n a n d O ut r e a c h

o n St o r m w at e r I m p a ct s

S u b c a t e g o r y: E d u c ati o n f o r R e si d e nt s

_________________________________________________

D e s c ri p ti o n

W h e n it e nt e r s s u rf a c e w at e r s, w at e r t r e at e d wit h

c h e mi c al s s u c h a s c hl o ri n e, b r o mi n e a n d s alt h a r m s

l o c al w at e r q u alit y a n d i s t o xi c t o wil dlif e a n d fi s h.

P o ol s, h ot t u b s a n d f o u nt ai n s oft e n u s e c h e mi c all y

t r e at e d w at e r; h o w e v e r, m o st of t h e c h e mi c all y

t re at e d w at e r di s c h a r g e d i nt o st o r m s e w e r s y st e m s —

a n d ulti m at el y w at e r b o di e s — i s f r o m r e si d e nti al

s wi m mi n g p o ol s. M a n y p o ol o w n e r s w h o li v e i n

c o ol e r cli m at e s d r ai n t h ei r s wi m mi n g p o ol s b ef o r e

wi nt e r t o r e d u c e m ai nt e n a n c e a n d p ot e nti al d a m a g e

f r o m f r e e zi n g. A m u ni ci p alit y wit h a m u ni ci p al s e pa r at e st o r m s e w e r s y st e m ( M S 4) c a n p r ot e ct n e a r b y

s u rf a c e w at e r s f r o m illi cit di s c h a r g e s b y e d u c ati n g

r e si d e nt s a b o ut a p p r o p ri at e di s c h a r g e p r a cti c e s. I nst e a d of di s c h a r gi n g c h e mi c all y t r e at e d w at e r t o t h e

st o r m s e w e r s y st e m o r di r e ctl y i nt o l o c al w at e r w a y s,

i n di vi d u al s s h o ul d f oll o w alt e r n ati v e di s c h a r g e o pti o n s, s u c h a s:

 D r ai ni n g t o a s a nit a r y s e w e r

App –482

 D e c hl o ri n ati n g w at e r a n d t h e n di s c h a r gi n g t o st o r m

s e w ers

 D e c hl o ri n ati n g w at e r a n d u si n g it f o r i r ri g ati o n

U n d e r st a n d

C o m m u ni t y

a n d C u r r e n t P r a c ti c e s

K n o wl e d g e

G a ps

T o l a u n c h a n eff e cti v e w at e r di s c h a r g e e d u c ati o n p r og r a m, a m u ni ci p alit y c a n fi r st d et e r mi n e t h e c o m m unit y ’s c u r r e nt b e h a vi o r s a n d b a s eli n e of k n o wl e d g e o n

t h e t o pi c. Wit h t hi s u n d e r st a n di n g, it c a n f o r m ul at e

t h e m o st eff e cti v e m e s s a g e s a n d e d u c ati o n al p r og r a m s; it c a n al s o c o m p a r e b e h a vi o r s a n d k n o wl e d g e

b ef o r e a n d aft e r t h e e d u c ati o n p r o g r a m t o g a u g e eff e cti v e n e s s. S o m e p o ol a n d h ot t u b o w n e r s m a y n ot r eali z e t h at w at e r t r e at e d wit h c h e mi c al s p oll ut e s w at e r w a y s a n d h a r m s wil dlif e w h e n di s c h a r g e d i n c o rr e ctl y. S o m e c o m m u nit y m e m b e r s m a y n ot k n o w

t h at t h ei r m u ni ci p alit y r e g ul at e s t h e di s c h a r g e of w at e r f r o m p o ol s, h ot t u b s a n d f o u nt ai n s . M u ni ci p aliti e s c a n g at h e r i nf o r m ati o n a b o ut r e si d e nt s ’

k n o wl e d g e g a p s a n d c u r r e nt p r a cti c e s vi a s u r v e y s, f oc u s g r o u p s o r c o m m u nit y m e eti n g s. S e e t h e S oli citi n g P u bli c O pi ni o n f a ct s h e et f o r m o r e i nf o r m ati o n o n

h o w t o eff e cti v el y g at h e r t hi s i nf o r m ati o n f r o m c o mm u nit y m e m b e r s.

D e t e r mi n e a P r o g r a m A p p r o a c h

Aft e r i d e ntif yi n g r e si d e nt s ’ k n o wl e d g e g a p s a n d c u rr e nt p r a cti c e s, a m u ni ci p alit y c a n c r aft it s w at e r di sc h a r g e m a n a g e m e nt p r o g r a m. T h e p r o g r a m s h o ul d

ai m t o e d u c at e r e si d e nt s o n t h e diff e r e nt o pti o n s f o r

App–483

eliminating chemically treated water in storm drains.

Because chlorinated pools contribute the most chemically treated water, municipalities may choose to focus on discharge from pools—but they should also

make information available on discharging from other

fixtures such as hot tubs, spas and fountains. An education program may have many elements such as implementing laws and ordinances, distributing educational materials, or creating digital content. It will

be important to remember that local codes and ordinances can vary by location and to make sure their

messaging aligns with these requirements.

Implement Laws and Ordinances

Enacting or updating an ordinance or law may incentivize residents to change their chemically treated water disposal practices. Many communities have laws

or ordinances that either directly prohibit certain discharges, including chlorinated pool and hot tub water

discharge, or outline the types of water that are and

are not permissible in sewer systems. For example,

Oklahoma City, Oklahoma, directly bans the discharge of chlorinated water into the MS4 and local

and state waterways in its Code of Ordinances. Virginia Beach, Virginia, implemented an ordinance prohibiting the discharge of private swimming pool water

into the public sewer system. Some of these laws

also include fines that may increase for each reoccurring offense, such as in the District of Columbia.

For more examples of laws and ordinances addressing

chlorinated water discharge, see the following:

App –484

 Cit y of B ot h ell, W a s hi n gt o n

 Cit y of L o s A n g el e s, C alif o r ni a

 Cit y of P h o e ni x, A ri z o n a

P o s t a n d Di s t ri b u t e E d u c a ti o n al M a t e ri al s

M u ni ci p aliti e s c a n a d d r e s s k n o wl e d g e g a p s a n d e nc o u r a g e b e h a vi o r c h a n g e s b y p o sti n g a n d di st ri b uti n g

e d u c ati o n al m at e ri al s. T h e y c a n p o st i nf o r m ati o n o n

m u ni ci p al w e b sit e s, h a n g si g n s t h r o u g h o ut t h e c o mm u nit y, h a n d o ut fl y e r s a n d b r o c h u r e s, o r m ail fl y e r s

al o n g wit h ot h e r i m p o rt a nt i nf o r m ati o n (li k e w at e r

bill s) t h at p e o pl e a r e li k el y t o o p e n a n d r e a d. T h e

Ki r kl a n d ( W a s hi n gt o n) P u bli c W o r k s D e p a rt m e nt d ev el o p e d a fl y e r t h at e x pl ai n s t r e at e d p o ol w at e r di sc h a r g e m et h o d s a n d p r o vi d e s ti p s f o r p r o p e rl y di s p o sin g of p o ol a n d h ot t u b w at e r. T h e Cl a r k C o u nt y

Cl e a n W at e r Di vi si o n i n W a s hi n gt o n c r e at e d a t w op a g e fl y e r t h at o utli n e s h o w “cl e a n w at e r b e gi n s at

h o m e.” B r o c h u r e s, s u c h a s Gl e n d al e, A ri z o n a ’s “H o w

t o D r ai n o r B a c k w a s h Y o u r P o ol, S p a, o r F o u nt ai n ,”

a r e al s o u s ef ul; m u ni ci p aliti e s c a n p u bli s h t h e m

o nli n e, p o st t h e m t o s o ci al m e di a a c c o u nt s, o r p ri nt

a n d h a n d o r m ail t h e m o ut. S o m e m u ni ci p aliti e s o r

st at e s m a y r e q ui r e a p e r mit f o r t h e i n st all ati o n of a

s wi m mi n g p o ol a n d c a n di st ri b ut e m at e ri al s o n t h e

p r o p e r di s p o s al of t r e at e d w at e r w h e n a p e r mit f o r a

n e w p o ol i s i s s u e d. T h e s e e x a m pl e s ill u st r at e w a y s

t o c o n v e y i nf o r m ati o n i n si m pl e t e r m s w hil e e m p h asi zi n g t h e n e e d t o di s c h a r g e w at e r t r e at e d wit h c h e mi c al s a c c o r di n g t o a m u ni ci p alit y’s g ui d eli n e s.

App–485

If municipalities cannot create their own educational

materials or are not sure where to start, they can see

if surrounding cities or state agencies have materials

they can use or adapt. For example, the Pennsylvania Department of Environmental Protection drafted

a swimming pool discharge and disposal fact sheet

that explains how chlorinated water or water treated

with other chemicals pollutes the environment and

how residents can correctly discharge pool, hot tub or

spa water. The department also released an article

with reminders and tips for proper pool and hot tub

water disposal. Because these materials contain

universal advice on chemically treated water discharge in Pennsylvania, municipalities in the state

can share them with their residents or use them as a

guide in generating new materials.

Municipalities can also look for partnerships with

hardware stores or pool suppliers to help distribute

their educational materials. Municipalities can

leave flyers or brochures at local hardware stores for

customers to read and take home. Many pool suppliers have online blogs that could share a municipality’s

educational materials so customers can learn how to

properly manage chlorinated water discharge as they

shop for a pool or spa.

Use Social Media or Digital Content

If educational materials like flyers and brochures are

not making an impact, social media and digital content can be a useful way to help reach residents more

personally and casually. Many municipalities use

their websites to educate residents on proper

App –486

c h e mi c all y t r e at e d w at e r di s c h a r g e m et h o d s. F o r e xa m pl e, t h e Cit y of Si e r r a Vi st a i n A ri z o n a h a s a n e a s y t o-r e a d w e b sit e e x pl ai ni n g t h e l e g al w a y s t o di s p o s e of

p o ol w at e r. F o r m o r e e x a m pl e s of h o w m u ni ci p aliti e s

i n cl u d e p r o p e r di s c h a r g e i nf o r m ati o n o n t h ei r w e bsit e s, s e e b el o w.

 F ai rf a x C o u nt y, Vi r gi ni a

 Cit y of M e s a, A ri z o n a

 P al m e r T o w n s hi p, P e n n s yl v a ni a

S o m e m u ni ci p aliti e s a r e u si n g vi d e o s, p o d c a st s a n d

s o ci al m e di a t o r e a c h a wi d e a u di e n c e wit h si m pl e,

c o n ci s e m e s s a gi n g. C o b b C o u nt y, G e o r gi a, p r o m ot e d

s af e w a y s t o di s c h a r g e p o ol w at e r d u ri n g a n e pi s o d e of

C o b b C o u nt y

W at e r S y st e m ’s m o nt hl y p o d c a st.

M u ni ci p aliti e s a r e b e gi n ni n g t o u s e s o ci al m e di a

pl atf o r m s t o p o st s h o rt ti p s o r i nf o g r a p hi c s o n h o w t o

p r o p e rl y di s c h a r g e p o ol a n d h ot t u b w at e r. S o m e

eve n

li n k t o t h ei r c o m pl ai nt f o r m s s o r e si d e nt s c a n s u b mit

i n st a n c e s of i m p r o p e r di s c h a r g e.

F o r e x a m pl e s of s o ci al m e di a p o st s, s e e t h e f oll o wi n g:

 Cit y of F r a n kli n, T e n n e s s e e, t w e et s u m m a ri zi n g

h o w t o d r ai n c hl o ri n at e d a n d s alt w at e r p o ol s

 W e st M a ui K u m u w ai, H a w aii, t w e et wit h a li n k t o

M a ui ’s st o r m w at e r vi ol ati o n c o m pl ai nt f o r m

 U p p e r U w c hl a n, P e n n s yl v a ni a, t w e et wit h a li n k t o

t h e P e n n s yl v a ni a D e p a rt m e nt of E n vi r o n m e nt al P r ot e cti o n’s s wi m mi n g p o ol di s c h a r g e f a ct s h e et

App –487

 T o w n of C olli e r vill e, T e n n e s s e e, t w e et i nf o r mi n g citi z e n s t h at p o ol w at e r p oll ut e s w at e r w a y s

E v al u a t e P r o g r a m Eff e c ti v e n e s s

M u ni ci p aliti e s s h o ul d c o nti n u o u sl y e v al u at e c h e mic all y t r e at e d w at e r di s c h a r g e e d u c ati o n p r o g r a m s f o r

eff e cti v e n e s s a n d r e d e si g n t h e m if n e c e s s a r y. A m uni ci p alit y c a n e v al u at e it s p r o g r a m ’s eff e cti v e n e s s i n

s e v e r al w a y s. A “b ef o r e a n d aft e r ” c o m m u nit y s u rv e y c a n e v al u at e h o w t h e c o m m u nit y ’s b a s eli n e of

k n o wl e d g e h a s o r h a s n ot s hift e d. M u ni ci p aliti e s c a n

u s e f o c u s g r o u p s a n d e v al u at e t h e n u m b e r a n d n at u r e

of c o m pl ai nt c all s a b o ut c h e mi c all y t r e at e d w at e r di sc h a r g e t o u n d e r st a n d p u bli c o pi ni o n o n t h e t o pi c.

F u rt h e r m o r e, a m u ni ci p alit y c a n c o m pl et e a “ b ef o r e

a n d aft e r ” a n al y si s of t h e a m o u nt of c h e mi c al s s u c h a s

c hl o ri n e a n d b r o mi n e f o u n d i n l o c al w at e r w a y s t o s e e

if l e v el s h a v e d e c r e a s e d aft e r t h e e d u c ati o n p r o g r a m.

If t h e r e s ult s of t h e s e e v al u ati o n s d o n ot s h o w i mp r o v e m e nt, m u ni ci p aliti e s s h o ul d r e a s s e s s t h ei r c o mm u n iti e s’ k n o wl e d g e a n d a dj u st t h ei r e d u c ati o n al p r og r a m s.

App–488

The City of Franklin, Tennessee, posted this graphic

on Twitter to educate residents on what to do before

discharging pool water.

Photo Credit: Ellen Moore, City of Franklin, Tennessee

Additional Information

Additional information on related practices and the

Phase II MS4 program can be found at

EPA’s National Menu of Best Management Practices

(BMPs) for Stormwater website

Disclaimer

This fact sheet is intended to be used for informational

purposes only. These examples and references are not

intended to be comprehensive and do not preclude the

use of other technically sound practices. State or local

requirements may apply.

App–489

Georgia State Amendments

to the

International Swimming

Pool and Spa Code

(2018 Edition)

[Logo of DCA]

Georgia Department of Community Affairs

Community Development Division

60 Executive Park South, N.E.

Atlanta, Georgia 30329-2231

(404) 679-3118

www.dca.ga.gov

Revised January 1, 2020

App–490

GEORGIA STATE MINIMUM STANDARD

SWIMMING POOL AND SPA CODE

(INTERNATIONAL SWIMMING POOL AND

SPA CODE WITH GEORGIA STATE

AMENDMENTS)

The INTERNATIONAL SWIMMING POOL AND

SPA CODE, 2018 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State

Amendments to the INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 EDITION,

shall constitute the official Georgia State Minimum Standard Swimming Pool and Spa Code.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR PUBLIC SWIMMING

POOLS

The State’s minimum requirements for public swimming pools shall be in accordance with O. C. G. A. 3145-13 and the Rules and Regulations of the Georgia

Department of Public Health and this code. Contact

the County Health Department for any local rules and

regulations governing public swimming pools in effect

on or after December 31, 2000.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code

with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with

Georgia State Amendments).

App–491

*Revise the International Swimming Pool and

Spa Code, 2018 Edition, as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 ‘Scope and Administration’ entirely

without substitution. Chapter 1 to remain in the

Code as a reference and guide for local governments

to use in the development of their own Administrative

Procedures. (Effective January 1, 2020)

CHAPTER 3

GENERAL COMPLIANCE

*Revise Chapter 3 ‘General Compliance’ to add a new

Section 300 ‘Scope’ to read as follows:

SECTION 300

SCOPE

[A] 300.1 Scope. The provisions of this code shall

apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of

aquatic recreation facilities, pools and spas. The

pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming,

bathing or wading.

300.1.1 Flotation tanks. Flotation tank systems intended for sensory deprivation therapy

shall not be included in the scope of this code.

[A] 300.2 General. Where there is a conflict between a general requirement and a specific

App–492

requirement, the specific requirement shall govern.

Where, in any specific case, different sections of this

code specify different materials, methods of construction or other requirements, the most restrictive shall

govern.

[A] 300.3 Existing installations. Any pool or spa

and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption

of this code shall be permitted to have their use and

maintenance continued if the use, maintenance or repair is in accordance with the original design and no

hazard to life, health or property is created.

[A] 300.4 Maintenance. Pools and spas and related

mechanical, electrical and plumbing systems, both existing and new, and parts thereof, shall be maintained

in proper operating condition in accordance with the

original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall

be maintained in compliance with the edition of the

code under which they were installed.

The owner or the owner’s authorized agent shall be

responsible for maintenance of systems. To determine compliance with this provision, the code official

shall have the authority to require any system to be

reinspected.

[A] 300.5 Additions, alterations or repairs. Additions, alterations, renovations or repairs to any

pools, spas or related system shall conform to that required for a new system without requiring the existing system to comply with all the requirements of this

App–493

code. Additions, alterations or repairs shall not

cause an existing system to become unsafe, insanitary

or overloaded.

Minor additions, alterations, renovations and repairs to existing systems shall meet the provisions for

new construction, unless such work is done in the

same manner and arrangement as was in the existing

system, is not hazardous and is approved.

[A] 300.6 Historic buildings. The provisions of

this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of

pools, spas or systems shall not be mandatory for existing pools, spas or systems identified and classified

by the state or local jurisdiction as part of a historic

structure where such pools, spas or systems are

judged by the code official to be safe and in the public

interest of health, safety and welfare regarding any

proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such pool or

spa.

[A] 300.7 Moved pools and spas. Except as determined by Section [A] 300.3, systems that are a part of

a pool, spa or system moved into or within the jurisdiction shall comply with the provisions of this code

for new installations.

[A] 300.8 Referenced codes and standards. The

codes and standards referenced in this code shall be

those that are listed in Chapter 11 and such codes and

standards shall be considered as to be part of the requirements of this code to the prescribed extent of

App–494

each such reference. Where differences occur between provisions of this code and the referenced

standards, the provisions of this code shall be the minimum requirements.

[A] 300.8.1 Application of the International

Codes. Where the International Residential Code

is referenced in this code, the provisions of the International Residential Code shall apply to related systems in detached one- and two-family dwellings and

townhouses not more than three stories in height.

Other related systems shall comply with the applicable International Code or referenced standard.

[A] 300.9 Requirements not covered by code.

Any requirements necessary for the strength, stability

or proper operation of an existing or proposed system,

or for the public safety, health and general welfare,

not specifically covered by this code shall be determined by the code official.

[A] 300.10 Other laws. The provisions of this code

shall not be deemed to nullify any provisions of local,

state or federal law.

[A] 300.11 Application of references. Reference

to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

(Effective January 1, 2020)

App–495

CHAPTER 7

ONGROUND STORABLE RESIDENTIAL

SWIMMING POOLS

SECTION 702

LADDERS AND STAIRS

*Delete Figure 702.2 ‘TYPICAL A-FRAME LADDER,

TYPES A AND B’ and last sentence of Section 702.2

‘Type A and Type B ladders’ without substitution.

(Effective January 1, 2020)

End of Amendments.

Authority: O. C. G. A. § 8-2-20 et seq.

App–496

6/4/24, 3:26 PM

Chapter 3 General Compliance: General Compliance,

Georgia State Minimum Standard Swimming Pool

and Spa Code | UpCodes

Georgia State Minimum Standard Swimming

Pool and Spa Code

302.4 Concealed Piping Inspection

Piping, including process piping, that is installed in

trenches, shall be inspected prior to backfilling.

Exported by

https://up.codes

https://up.codes/viewer-export/georgia/ispsc2018/chapter/3/general-compliance#302.4

App–497

App–498

building professionals and citizens alike. The following is a general overview of Georgia’s Construction

Code Program, including enforcement, local amendments, current codes, and whom to call if you have

questions regarding construction codes and related issues in Georgia.

In General

The Uniform Codes Act is codifi ed at chapter 2 of title

8 of The Offi cial Code of Georgia Annotated. O.C.G.A.

Section 8-2-20(9)(B). Below is a list of the current

mandatory and permissive state codes. Each of these

separate codes typically consist of a base code (e.g. The

International Building Code as published by the International Code Council) and a set of Georgia amendments to the base code. The mandatory codes are applicable to all construction whether or not they are locally enforced and the permissive codes are only applicable if a local government chooses to adopt and enforce one or more of these codes. These codes are as

follows:

Mandatory Codes:

• International Building Code

• International Residential Code for One- and

Two-Family Dwellings

• International Fire Code

• International Plumbing Code

• International Mechanical Code

• International Fuel Gas Code

App–499

• National Electrical Code

• International Energy Conservation Code

• International Swimming Pool and Spa Code

• For information and questions regarding the

Life Safety Code (NFPA 101), IFC Georgia

Amendments or the Georgia Accessibility Code

please contact the State

App–500

Exhibit “H”

Affidavit of Ching Auyeung

App–501

IN THE SUPERIOR COURT OF JACKSON

COUNTY

STATE OF GEORGIA

Kevin Yeung

Plaintiff

vs.

Shannon Humphrey

Defendant,

)

)

)

)

)

)

)

)

)

)

Civil Action

File No.

22CV0988

AFFIDAVIT OF CHING AUYEUNG

I, Ching Auyeung being duly sworn, swears and states

the following under penalty of perjury:

My name is CHING AUYEUNG. I am suffering

from no legal disabilities and I am not under the influence of any drug or alcohol at the time of making

this statement. It is my Observation and Understanding of the matter regarding 2478 Traditions Way

Jefferson 30549.

On or around 05/03/2021, I made a complaint to

Jackson County Building Department concerning the

erosion occurred on my property. Hillgrove at the

time was building Defendant’s residence and doing

Construction without adequate BMP Control in place.

I received a response back some days later and it

was revealed that an inspector had gone out to check

on HillGrove’s Site, returned with the following comment.

App–502

“The builder had installed the correct BMPs per his

plans and there was no turbid water leaving this lot.”

“The BMPs were holding up.”

“There was a cleared area on your lot where there is a

Fire Pit that might contributed to Muddy Water.”

Photo No. 1

No. 2

No. 3

The message received was very confusing. My back

yard has never had a ‘Fire Pit’ (No. 3) and this volume of Erosion as shown in No. 2 Photo cannot be Self

Caused.

No. 1 shows HillGrove’s Construction Site in May

2021. This was taken two to three weeks after my

initial complaint. Clearly No Slit Fence presented.

The Slit fence installed previously was no longer there

App–503

and it should have stayed in place throughout the entire construction. What appeared to be in compliance is NOT and Short Term Only. This sort of activity is often seen on Defendant’s site from 2021 to

present. My Objective is to clarify what really happened.

On 03/06/2023, a Second Landscape Modification

was made at Defendant’s Site after the pool installation. Grass was replaced by Rock around all Pool

Plumbing/Equipment area and the Pop-Up Emitter.

Several months later in July, my yard had experienced a flood.

On 07/07/2023, I witnessed tremendous amount of

water channeling down (in Back Yard) to basement

which I’ve never seen before. Shocked and I immediately ran down to basement just to identify a flood outside the basement area. It was a rainy day. Took

me and husband more than one or two hours to clean

up the area.

Another Personal Observation is after Defendant’s

Underground Pipes Installation, unsure the exact

date but it occurred between 09/2022 – 11/2022. I noticed an Unusual Area measuring (approximate only)

5 foot x 3 foot Brown/Black and Damp Spot in my rear

yard. That area had turned Darker, Soggier and

lasted for weeks. On one weekend, I observed a man

standing in front of Defendant’s Plumbing Pipes and

he was attempting to fix some leaks. There appeared

to be a leak as I Recalled and saw lots of water coming

out from the pool pipes constantly and non-stop.

Since then, our yard needs to be checked Carefully

and Periodically for signs of wet spots. Based on past

history, Defendant tended to comply with regulation

only after report is made to Building Department. In

App–504

Particular, One Citation for Patio Extension and Second one for Back Yard Grading Absence Any Best

Management Practice BMP control.

I only made Complaints when there are Concerns

and persisted Issues. It is Not my best interest to file

a report that has No genuine elements. And I do not

make false complaints.

STATE OF GEORGIA

COUNTY OF GWINNETT Jackson

Subscribed and sworn before me on 8th 1st day, June,

2024

/s/ Ching Auyeung

Ching Auyeung

/s/ Binita Patel

Notary Public Official Signature

My commission expires: 07/20/25

App–505

Appendix I

[Filed: Aug. 22, 2024]

IN THE SUPERIOR COURT OF JACKSON

COUNTY

STATE OF GEORGIA

Kevin Yeung

Plaintiff

Vs.

Shannon Humphrey

Defendant,

)

)

)

)

)

)

)

)

)

)

Civil Action

File No.

22CV0988

PLAINTIFF OPPOSITION TO DEFENDANT’S

MOTION TO STIRKE

I. Kevin Yeung, Plaintiff hereby files this Opposition in response to Defendant’s Motion to Strike.

Plaintiff’s Supplemental Brief in Support contained

(3) Three documents in support of Plaintiff’s Opposition to Defendant’s Statement of Material Facts to

Which There Exists No Genuine Issue and Statement

of Theory of Recovery and Motion for Summary Judgment. 1) Expert Mr. Cordle Rebuttal Report dated

June 24, 2024. 2) Jackson County Ordinance No.

17–012 passed and adopted on December 18, 2017 by

Jackson County Board of Commissioners. 3) Defendant’s Petition for Stalking Temporary Protective Order dated 06/18/2024.

Plaintiff’s Supplemental Brief provides Support to

Plaintiff’s Argument in response to Defendant’s

App–506

Motion for Summary Judgment and Statements of

Material Facts filed on 05/17/2024. There was No

Theory but All Genuine Facts. These documents and

records are Relevant to the case. Plaintiff’s Expert

Report, Jackson County Code of Ordinance and Defendant Protective Order Petition are All Material

Factors. They’re necessary components to have a

complete understanding of the whole picture and for

the Court to reach a formal decision. A finding that

could significantly impact the outcome. O. C. G. A.

§ 24–4–401 “Any evidence is relevant which logically

tends to prove or disprove a material fact which is at

issue in the case, and every act or circumstance serving to elucidate or to throw light upon a material issue

or issues is relevant.” “Every fact or circumstance

serving to elucidate or throw light upon the issue being tried constitutes proper evidence in the case.”

O. C. G. A. § 24–4–401 “Admissibility of evidence is a

matter which rests largely within the sound discretion

of the trial court, and if an item of evidence has a tendency to help establish a fact in issue, that is sufficient

to make the evidence relevant and admissible.” Lewis

v. State, 158 Ga. App. 586, 281 S. E. 2d 331 (1981) (decided under former Code 1933, § 38–201).

The Supreme Court of Georgia Former Rule 24 allows Supplemental briefs be filed at any time before

decision. Former Rule 24. SUPPLEMENTAL

BRIEFS. ”Supplemental briefs may be filed at any

time before decision.” Ga. R. Sup. Ct.24. SUPPLEMENTAL BRIEFS. (1) “During oral argument the

Chief Justice or, in the absence of the Chief Justice,

the Justice who is presiding over the argument, may

order or give leave to file supplemental briefs from

counsel on designated matters that require

App–507

discussion, development, or clarification and may provide for the time in which the briefs are to be filed.

An application for leave to file the supplemental brief

is not required under such circumstances.”

In Plaintiff’s Opposition to Defendant’s Motion for

Summary Judgement, Plaintiff made very clear that

Mr. Mark Cordle, a Certified Building Official was

hired to rebut Defendant’s Statement of Facts. Report is yet to come, the timeline to generate a report

is beyond Plaintiff’s control. Mr. Cordle was properly

introduced in Plaintiff’s Opposition to Defendant’s

Motion for Summary Judgement on June 15, 2024, a

timely response to Defendant’s Summary Judgement

filed on May 17, 2024. Rule 6.2. ”Reply (Motions in

Civil Actions) Unless otherwise ordered by the judge

or as provided by law, each party opposing a motion

shall serve and file a response, reply memorandum,

affidavits, or other responsive material not later than

30 days after service of the motion.” This document,

Plaintiff’s Expert Report is relevant and material in

fact to the case. O. C. G. A § 24–4–402. Relevant

evidence generally admissible. ”All relevant evidence shall be admissible, except as limited by constitutional requirements or as otherwise provided by law

or by other rules……. applicable in the court in which

the matter is pending.” (Code 1981, § 24–4–402 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

The supporting documents in Plaintiff’s Supplemental Brief are discussion of the issues at Hand and

had already brought up in Plaintiff’s Opposition to Defendant’s Motion for Summary Judgement. There

was no new issue for discussion in Supplemental

Brief. Plaintiff’s Expert Mr. Cordle is not Known

and did not Exist until Defendant has filed Motion for

App–508

Summary Judgement on May 17, 2024. Plaintiff

shall have right to seek new witness. Pursuant to

Ga. Comp. R & regs. 120–2–2–31(2) “A party is entitled to present her/his case or defense by any evidence to submit rebuttal evidence….” Mr. Cordle is a

Testifying Expert and Rebuttal Witness to counter

and disprove Defendant’s witnesses testimonies. His

testimony greatly influences the outcome of this matter. Mark processes extensive Knowledge and Expertise as a Former Senior Building Inspector and Investigator for Fulton County (Georgia) from 2001 to

2006. His report is based upon sufficient facts or

data and is the product of reliable principles and

methods. Mr. Cordle has applied Sound principles

and methods reliably to the facts of the case. Disclosure of Plaintiff’s Experts was properly made to Defendant in Feb 2024 (within the Court’s Extended Discovery Period) and June 2024 respectively. Plaintiff

has also made clear that the list was subject to periodic change based on the availability of Experts and

Ongoing Litigation. See Exhibit “C”

O. C. G. A. § 24–7–703 permits the admission of All

Plaintiff’s Expert opinions since the opinions formed

are based on sufficient facts and data. ”If of a type

reasonably relied upon by experts in the particular

field in forming opinions or inferences upon the subject, such facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.” O. C. G. A.§ 24–7–702 (2020), O. C. G. A. § 24–9–

67.1 (b) “ If scientific, technical, or other specialized

knowledge will assist the trier of fact in any cause of

action to understand the evidence or to determine a

fact in issue, a witness qualified as an expert by

knowledge, skill, experience, training, or education

App–509

may testify thereto in the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient

facts or data which are or will be admitted into evidence at the hearing or trial; (2) The testimony is the

product of reliable principles and methods; and (3)

The witness has applied the principles and methods

reliably to the facts of the case.”

Plaintiff’s other Expert Reports are Not hearsay

statements. Mr. Brent and Mr. Michael’s Reports

with State Seals are offered for impeachment in Plaintiff’s Response to Defendant’s Motion for Summary

Judgment. It further Refutes Defendant’s statement

of Facts by outlining Plaintiff’s site overview, qualified as 801 (d) Not Hearsay Defined. Federal Rule

801 (d) (2) An Opposing Party’s Statement. ”The

statement is offered against an opposing party and A)

was made by the party in an individual or representative capacity.” These statements can be used as evidence against the party who made the statement.

”Witness can be impeached as to matters relevant to

the witness’s testimony and to the case, and by disproving facts testified to by the witness.” Morris v.

State Farm Mut. Auto. Ins. Co., 203 Ga. App. 839, 418

S. E. 2d 119 (1992) (decided under former O. C. G. A.

§ 24–9–83 O. C. G. A. § 24–6–607 “The credibility of a

witness may be attacked by any party.”

Moreover, Mr. Cordle’s Rebuttal Report and Mr.

Elvin’s Reports are kept as Business Records of the

company under Rule 803 Hearsay exceptions.

O. C. G. A § 24–8–803 Rule 803 (6) , 803 (8) Exception include Business Records, a Record of Regular

Conducted Activity and Public Record. (C) kept in

the course of a regularly conducted business activity;

and (D) it was the regular practice of that business

App–510

activity to make the memorandum, report, record, or

data compilation..” See Exhibit “B” Further, both Mr.

Michael and Brent’s reports bear a signature along

with State or America Council Licensing Seals. See

Exhibits “A” These are “Self Authenticating Documents” under Georgia Law O. C. G. A. § 24–9–902 (1),

serving as attestation and not Hearsay. ”A document bearing a seal purporting to be that of the

United States or of any state, district, commonwealth,

territory, or insular possession thereof or the Panama

Canal Zone or the Trust Territory of the Pacific Islands or of a political subdivision, department, officer,

or agency thereof or of a municipal corporation of this

state and bearing a signature purporting to be an attestation or execution.” O. C. G. A. § 24–9–902

Lastly, per Rules of Evidence, Mr. Brent’s (Jah

Environmental LLC) Report contains machine-generated data which is Plaintiff’s Soil Chloride Ratio and

such data is not Hearsay Statement. Data generated

by a computer is not declarant and is therefore not

Testimonial. In criminal proceedings, O. C. G. A.

§ 24–7–707 (2014) provides that “… the opinions of experts on any question of science, skill, trade, or like

questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.” To conclude, All of Plaintiff Experts’ Reports

1) Mr. Elvin Aycock, a Georgia Licensed Professional

Engineer (Atlanta Engineering Services, Inc.); 2)

Mr. Michael Bret Thurmond, a Georgia Licensed Professional Engineer (AMT Engineers); 3) Mr. Brent

Wadlington, BS, IH, America Council Certified Consultant ( Jah Environmental Safety & Health,

LLC ) and 4) Mr. Mike Cordle, Council Certified

Building Official (Echota Home Inspection, Inc.)

App–511

are Non-Hearsay Statements, NOT Hearsay Defined

and Exceptions to Hearsay Rules. These Reports are

Relevant, Substantial Material Facts and Crucial to

the case as admissible Evidence.

ARGUMENT

In Lee v. Smith, 307 Ga. 815, 832 SE 2d 870 (2020),

the Supreme Court of Georgia made new finding that

excluding an expert witness solely because of a late

disclosure or failure to identify the witness by deadline is not proper. The Georgia Supreme Court ruled

that Trial court cannot exclude an expert witness

solely because the witness was identified after the

deadline set in a scheduling order, by the discovery

rules, or case management order. ”We also concluded the trial court’s decision to exclude Lee’s rebuttal expert from testifying at trial was harmful to Lee.

See, e. g., Carder , supra, 261 Ga. at 142 (1), 401

S. E. 2d 688 “ Lee v. Smith, 307 Ga. 815, 822 (Ga.

2020)

Plaintiff’s Expert Reports are of Importance as each

report shows clear and complete details to reflect the

whole picture. This Matter involves Pollution, Erosion, Runoff, Sedimentation, Nuisance and Trespass.

It is insufficient to collect evidence that just shows one

perspective of the incident. Plaintiff carries the

weight of Submission and these Expert Reports are

not “redundant, immaterial, impertinent, or scandalous matter. The preclusion of these Reports would

impose a substantial risk of prejudice to plaintiff.

The ability to establish elements and proving Plaintiff’s claims in this case is severely compromised without the opinions of Expert Reports. Plaintiff’s Supplemental Brief has not affected Defendant’s

App–512

capability for responses. There is no Prejudice to Defendant’s ability to respond.

Defendant’s Motion to Strike should NOT be

granted as it clearly shows Plaintiff’s Complaint is legitimate, not frivolous. The removal of any records

from Plaintiff’s Supplemental Brief in the case would

only waste unnecessary time and resources in litigating Defendant’s invalid defense. The function of a

motion to strike is “to avoid the expenditure of time

and money that must arise from litigating spurious issues …” and has defined “immaterial” as that which

has no essential or important relationship to the claim

for relief or the defenses being pleaded.” Fantasy, Inc.

v.Fogerty, 984 F. 2d 1524 (9thCir. 1993) (overruled

on other grounds in Fogerty v. Fantasy, Inc. 510 U. S.

517 (1994)). Despite the outcome, Jackson County

Code of Ordinance is still Present, Legal and Enforceable.

In Defendant’s Protective Order dated June 18,

2024, Defendant claimed: “Respondents (Plaintiff)

have admitted in a Deposition that they have placed

us under surveillance.” and “Cameras follow outdoor

activity.” Plaintiff did not place Defendant under surveillance. Plaintiff’s mounted camera in own property is solely for Protection purpose. Plaintiff has not

approached Defendant with threats or spoken inappropriate language or acted improperly to defendant.

Defendant’s desire to seek a protective order against

Plaintiff and Plaintiff’s wife is not justified. She was

not stalked by Plaintiff or wife. Her statements are

untruthful. This record illustrates and exhibits her

character.

O. C. G. A § 24–6–608 (a) (1) ”The evidence may

refer only to character for truthfulness or

App–513

untruthfulness.” O. C. G. A. § 24–4–404 (b) Other

Crimes, Wrongs, Acts “admissible for other purposes,

including but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity,

absence of mistake or accident.” Rule 406. Habit;

Routine Practice, “Evidence of a person’s habit or an

organization’s routine practice may be admitted to

prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether

there was an eyewitness.”

Plaintiff has rights to install Cameras in Own Property for Protection, and to prevent any Malicious

Harm. There is no reasonable expectation of privacy

in Open areas where Plaintiff’s cameras are pointing.

Defendant again attempted to Violate Plaintiff’s

Rights. This record shows Defendant had acted in

dishonest fashion. When Defendant relies on elements and protection sought stemmed from the reasons and existence of this pending case, Defendant’s

Petition for Stalking Temporary Protective Order becomes intercorrelated with Civil Case # 22CV0988.

”“In all proceedings where extraordinary equitable relief is sought, the court should open wide the door to

pertinent evidence, to the end that the truth concerning the transaction under investigation may fully appear, and that the court may act advisedly and wisely

in the premises.”

(Ferrell v. Wight, 187 Ga. 360 , 200 S. E. 271 , 1938)

STATEMENT OF FACTS

Although a party may move to strike or the court

may strike redundant, immaterial, impertinent, or

App–514

scandalous matter from any pleading. However, Mr.

Cordle’s Opinion, Jackson County Code Ordinance,

nor is Defendant’s Stalking Temporary Protective Order constituted as “Redundant” “Immaterial” “Impertinent” or “Scandalous Matter.” In particular, Jackson

County Code of Ordinance is the Law. Defendant’s

Motion to Strike should not be granted because the

court “….should strike vague and ambiguous defenses

which do not respond to any particular count, allegation or legal basis of a complaint.” Tsavaris v. Pfizer,

Inc., 310 F. R. D. 678, 682 (S.D. Fla. 2015).

Plaintiff Expert’s Opinions and Supplemental Brief

are True to the Facts. They’re Substantial Evidences

to Describe and Summarize Plaintiff’s Imminent and

Ongoing Damages. All Materials are Reliable, Authentic, and Relevant. O. C. G. A. § 24–1–1 Admission of doubtful evidence. ”State policy was to admit

evidence, even if the admissibility of the evidence was

doubtful, because it was more dangerous to suppress the truth than to allow a loophole for

falsehood.” Gibbons v. Maryland Cas. Co., 114 Ga.

App. 788, 152 S. E. 2d 815 (1966) (decided under former Code 1933, § 38–101).

Defendant contends that there were no genuine issues and seemingly asks the Court to dismiss Plaintiff’s Complaints. If Granted, Defendant’s Unlawful

and Prohibited Activities (already conducted) will be

deemed Permitted. As a consequence, these Premediated Activities are Actively and Adversely affecting Plaintiff’s Land. Such Actions should NOT be

Expunged while Malicious and Continuous Damages

were created to Harm Plaintiff’s Property and the

Surrounding. They shall not be Disregarded, Overshadowed, and Shifted away from the Court’s

App–515

Attention. Without a doubt, Defendant has not followed Codes, Rules and Regulations. While Defendant’s Objectives and Defenses are Aimed to avoid

Compliance, Plaintiff is entitled to the Grant of Injunctive Relief as a Matter of Law. Title 23 Equity.

”A judge could not refuse to grant an injunction to

which a party was entitled under the law, unless that

party would agree to waive the incompetency declared

by statute of a witness as to the particular testimony

sought to be delivered by the witness as equity is not

antagonistic to the law, but follows the law.” Ferrell v.

Wight, 187 Ga. 360 , 200 S. E. 271 , 1938 Ga. LEXIS

778 (1938).

Law and Authority

O. C. G. A. § 23–2–57 (2022) “Fraud may not be

presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence.”

(II) O. C. G. A. § 16–7–23 Criminal Damage to

Property in the Second Degree “A person

commits the offense of criminal damage to

property in the second degree when he:

1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00.”

(III) O. C. G. A. § 24–4–401 “Any evidence is relevant which logically tends to prove or disprove

a material fact which is at issue in the case, and

every act or circumstance serving to elucidate

or to throw light upon a material issue or issues

is relevant.” “Every fact or circumstance serving to elucidate or throw light upon the issue

(I)

App–516

being tried constitutes proper evidence in the

case.”

(IV) O. C. G. A. § 24–6–607 ”The credibility of a

witness may be attacked by any party.”

(V)

O. C. G. A § 24–4–402. Relevant evidence

generally admissible

“All relevant evidence shall be admissible, except as limited by constitutional requirements

or as otherwise provided by law or by other

rules, as prescribed pursuant to constitutional

or statutory authority, applicable in the court

in which the matter is pending. ”

(Code 1981, § 24–4–402 , enacted by Ga. L.

2011, p. 99, § 2/HB 24.)

(VI) O. C. G. A.§ 24–7–702 (2020), O. C. G. A. § 24–

9–67.1 (b) “ If scientific, technical, or other specialized knowledge will assist the trier of fact in

any cause of action to understand the evidence

or to determine a fact in issue, a witness qualified as an expert ………..…….if: (1) The testimony is based upon sufficient facts or data

which are or will be admitted into evidence at

the hearing or trial; (2) The testimony is the

product of reliable principles and methods; and

(3) The witness has applied the principles and

methods reliably to the facts of the case.”

(VII) Title 23 Equity. Judicial Decision. ”A

judge could not refuse to grant an injunction to

which a party was entitled under the law, unless that party would agree to waive the incompetency declared by statute of a witness as to

the particular testimony sought to be delivered

by the witness as equity is not antagonistic to

the law, but it follows the law . Code, § 37–103.”

App–517

(Ferrell v. Wight, 187 Ga. 360 , 200 S. E. 271 ,

1938)

VIII) Federal Rule 801 (d) (2) An Opposing

Party’s Statement, “The statement is offered

against an opposing party which is: a) was

made by the party in an individual or representative capacity.”

(IX) O. C. G. A.24–8–803 (6)Records of regularly

conducted activity. (A) “made at or near

the time of the described acts, events, conditions, opinions, or diagnoses; (B) made by, or

from information transmitted by, a person with

personal knowledge and a business duty to report; (C) kept in the course of a regularly conducted business activity; and (D) it was the regular practice of that business activity to make

the memorandum, report, record, or data compilation..”

(X)

O. C. G. A. § 24–1–1 Admission of doubtful

evidence. ”State policy was to admit evidence, even if the admissibility of the evidence

was doubtful, because it was more dangerous to suppress the truth than to allow a

loophole for falsehood.” Gibbons v. Maryland Cas. Co., 114 Ga. App. 788, 152 S. E. 2d

815 (1966) (decided under former Code 1933,

§ 38–101).

(XI) O. C. G. A § 24–7–707 (2014) “In criminal proceedings, the opinions of experts on any question of science, skill, trade, or like questions

shall always be admissible; and such opinions

may be given on the facts as proved by other

witnesses.”

App–518

(XII) O. C. G. A. § 24–1–1 “The object of all legal investigation is the discovery of truth. Rules of

Evidence shall be construed to secure fairness

in administration, eliminate unjustifiable expense and delay, and promote the growth and

development of the law of evidence to the end

that the truth may be ascertained and proceedings justly determined.”

CASE REFERNCES

Court Accepted Supplemental Expert Report

1.

2.

3.

Byer v. Bell Helicopter Textron, Inc., 12–CV–

676W(Sr) (W.D.N.Y. May. 28, 2015)

Dimmick v. Pullen, 120 Ga. App. 743, 172 S. E. 2d

196 (Ga. Ct. App. 1969)

Lee v. Smith, 307 Ga. 815, 832 SE 2d 870 (2020)

CONCLUSION

Plaintiff’s Supplemental Brief is Wholly Relevant to

the issue at hand. All the records have bearing on

the equities and make significant influence on the decision. Therefore, Defendant’s Motion to Strike

Plaintiff’s Supplemental Brief in Support as Redundant, Immaterial, Impertinent, Scandalous should be

DENIED. Plaintiff’s Supplemental Brief in Support

is necessary component for the Court to make a fully

Informed Decision. Plaintiff and his family have suffered a lot in terms of Financial, Mental and Property

damages by dealing with this ordeal. Plaintiff is entitled to Injunctive Relief and deserve Justice to be

served.

For the forgoing reasons, Plaintiff Respectfully

Prays this Honorable Court to Deny Defendant’s Motion to Strike.

App–519

IN THE SUPERIOR COURT OF JACKSON

COUNTY

STATE OF GEORGIA

Kevin Yeung

Plaintiff

Vs.

Shannon Humphrey

Defendant,

)

)

)

)

)

)

)

)

)

)

Civil Action

File No.

22CV0988

UNIFORM RULE 5.2 CERTIFICATE OF

SERVICE

I Certify that on this day I serve a copy of the foregoing Plaintiff’s Opposition to Defendant’s Motion to Strike Upon party of record via Statutory

Electronic Service thru PeachCourt System to:

MAHAFFEY PICKENS TUCKER, LLP

Brian T. Easley

1550 North Brown Road

Suite 125

Lawrenceville, Georgia 30043

beasley@mptlawfirm.com

WEINSTEIN & BLACK, LLC

Dave McDonald

167 Lee Street

Jefferson, GA 30549

Dave@WBlegal.net

This __22 th___day of ___August_____, 2024

App–520

/s/ Kevin Yeung__________

Kevin Yeung

P O BOX 911

BRASELTON,GA 30517

App–521

EXHIBIT “ A”

AMT and Jah Environmental Reports

Bearing State Seal

App–522

Jah Environmental Safety & Health,

LLC

Date: March 15, 2024

Mr. and Mrs. Yeung

2904 Muscadine Way

Jefferson, GA 30549

Phone: 929–206–8315

Re: Environmental Assessment 2904 Muscadine Way,

Jefferson, GA 30549

Hello Mr. & Mrs. Yeung,

On Wednesday, February 28, 2024, per your request, a representative from Jah Environmental

Safety & Health, LLC (JESH) visited the residence located at 2904 Muscadine Way Jefferson, GA 30549 to

conduct a Visual Environmental Assessment.

Environmental Report: Impact of High pH

Runoff Water on Vegetation

Introduction:

This report addresses concerns regarding the runoff

water from a neighboring property, which has been

observed to have a high pH level, likely due to chloride

contamination. This runoff is causing damage (erosion) to the vegetation on the lower-level property located at 2904 Muscadine Way. The purpose of this

report is to assess the environmental impact of the

high pH runoff water and propose mitigation

measures to alleviate its effects on vegetation.

App–523

Matrix

Results

(Extractable Chloride)

Date

Soil

40.48 lbs/acre

07/17/23

Soil

<4.15 lbs/acre

07/17/23

Soil

5.747 lbs/acre

08/04/23

Soil

10.56 lbs/acre

11/30/23

Soil

8.631 lbs/acre

03/13/24

Laboratory Results

Observations:

High pH Levels: Visual observation showed extensive damage to the vegetation and greenery throughout the property located at 2904 Muscadine Way.

The erosion demonstrates a distinct pattern that originates from the high point of the property (property

line between the two properties). Previous laboratory analysis confirmed the presence of chloride contamination in the soil and revealed elevated pH levels.

Vegetation Damage: Vegetation on the lower level

of the two neighboring properties (2904 Muscadine

Way) has shown signs of stress and damage (erosion),

likely attributed to the high pH runoff water.

Environmental Impact Assessment:

1. Vegetation Damage: The high pH levels of the

runoff water are detrimental to plant life, causing

stress, discoloration, and potential long-term damage

to vegetation. Vegetation Damage: Vegetation on

the lower level of the neighboring property has shown

App–524

signs of stress and damage, likely attributed to the

high pH runoff water. The high pH levels of the runoff water are detrimental to plant life, causing stress,

discoloration, and potential long-term damage to vegetation.

2. Soil Health: Continuous exposure to high-pH

water can alter the soil pH, affecting nutrient availability and soil structure, and further impacting plant

health and ecosystem stability.

3. Water Quality: Runoff containing chloride can

negatively impact local water bodies, affecting aquatic

life and overall water quality.

Mitigation Measures:

1. Diversion Systems: Implementing diversion channels or swales can redirect runoff water away from

vulnerable areas, preventing direct contact with vegetation.

2. Buffer Zones: Establishing vegetated buffer

zones along the boundary of properties can help absorb and filter runoff water, reducing its harmful effects.

3. PH Neutralization: Installing pH adjustment

systems, such as limestone beds or chemical dosing,

can neutralize the high pH of the runoff water before

it reaches sensitive areas.

4. Source Control: Identifying and addressing the

source of chloride contamination, such as improper

App–525

storage or disposal of chemicals, is essential to prevent further runoff pollution.

5. Education and Communication: Promoting

awareness among neighbors about the importance of

proper runoff management and the potential consequences of chemical contamination can encourage responsible practices.

Conclusion:

The runoff water containing high pH levels, likely due

to chloride contamination, poses a significant threat

to vegetation and ecosystem health. An average

chloride concentration in soil typically ranges from 0

to 200 parts per million (ppm), or approximately 0 to

0.04 lbs./acre depending on location, soil type, and

land use. Therefore, several readings are significantly higher than typical background levels. Effects of such elevated levels in soil may include: 1.

Impact on Plant Health: Excessive chloride can disrupt the osmotic balance in plant cells, leading to wilting, leaf burn, and overall decreased plant health.

Some plants may exhibit chlorosis (yellowing) or necrosis (death of plant tissue). 2. Soil Structure Degradation: High chloride levels can contribute to soil

compaction and reduced soil porosity, impeding water

infiltration and root growth. This degradation in soil

structure can affect the overall productivity and sustainability of the land. 3. Toxicity to Soil Microorganisms: Soil microorganisms crucial for nutrient cycling and soil health can be negatively affected by high

chloride concentrations, leading to a decline in soil fertility and microbial activity. 4. Impact on Water

Quality: Chloride can leach into groundwater and

App–526

surface water bodies, affecting aquatic ecosystems

and drinking water quality. High chloride levels in

water bodies can be toxic to aquatic organisms and

can also contribute to the corrosion of infrastructure.

5. Impact on Human Health: In areas where groundwater is used for drinking water supply, high chloride

levels can pose health risks to humans, particularly

those with pre-existing health conditions such as hypertension or cardiovascular disease. Given these

potential impacts, it’s essential to address the source

of chloride contamination and implement remediation

measures to restore soil and water quality to safe levels. This may involve identifying and controlling the

sources of chloride, implementing best management

practices for runoff and irrigation, and possibly remediation techniques such as soil flushing or phytoremediation. Implementing

appropriate

mitigation

measures is crucial to minimize environmental damage and maintain the integrity of the local ecosystem.

Collaboration among neighbors and stakeholders is

essential to address this issue effectively and sustainably.

Recommendation:

We recommend immediate action to implement mitigation measures and establish communication channels among neighbors to address the issue collectively

and prevent further environmental degradation.

Consulting with environmental experts and regulatory agencies can provide guidance on appropriate actions to mitigate the effects of high chloride levels.

App–527

For further inquiries or assistance in implementing

mitigation measures, please feel free to contact our

environmental experts.

JESH Review Link

Jah Environmental Safety & Health, LLC would love

your feedback. Please post a review to our profile

using the link below:

https://g.page/r/CVbeUeJwI7CnEBE/review

Thank you,

Brent E. Wadlington, BS, CIEC, IH

Jah Environmental Safety & Health, LLC

300 Peachtree St. NE, Suite CS2, PMB 1148

Atlanta, GA 30303

Phone: 470–615–MOLD (6653)

Mail: brentw@jesh.llc Web: www.jesh.llc

App–528

May 21, 2024

Ms. May Auyeung

2904 Muscadine Way

Jefferson, GA 30549

RE:

Email: kam8888@live.com

Stormwater Run-off Inspection – 2904 Muscadine Way, Jefferson, Georgia

Armentrout Matheny Thurmond, P.C.,

Project No. 24048

Dear Ms. Auyeung,

On February 20, 2024, a representative from Armentrout Matheny Thurmond, P.C. (AMT) visited your

property at the above address to review the current

conditions. The property is a corner lot and receives

stormwater from an adjacent lot, 2478 Traditions

Way, Jefferson Georgia. After purchasing the house

in July 2021, the owner, Shannon Humphrey (based

upon public tax records), constructed a pool and

graded the rear yard. This resulted in a change of

direction of stormwater such that water flows onto

your property. The pool pump system discharges to

a swale on the 2478 Traditions Way property which

runs parallel to the common property line. The

pump discharges through a pop-up valve that appears

to be positioned such that water flow is not directional.

These pop-up valves discharge water radially so that

App–529

the water is thrown in a circle. The area does not appear low enough to contain that spray discharge.

Furthermore, the ditch “runs out” at the front of the

house and it appears stormwater will flow onto your

yard on Traditions Way.

I reviewed the segmental block wall on your side of

the property line. You placed the wall to direct flow

parallel to the property line that comes from 2478 Traditions Way. This is partially successful, but water

from 2478 Traditions Way continues through the segmental block and runs across your property towards

Muscadine Way.

As you told me, all these issues with run-off commenced when the pool was constructed sometime in

2023. The run-off increased across the property line

and continues to erode the slope at your property line.

Your effort to redirect storm flow was only partially

successful and the block wall creates a shady area behind it such that grass will not grow on the slope.

My analysis shows that the peak flow rate onto your

property increased over 250 percent after the pool was

constructed. My analysis is attached. I also analyzed a triangular ditch similar to that observed at

2478 Traditions Way. The existing ditch may have a

parabolic cross-section. The assumptions regarding

ditch size and slope should be considered an example

rather than the existing condition. If the selected

ditch cross-section is accurate, then the ditch may be

adequate. I did not enter the neighboring property

to verify ditch geometry. I would need permission to

App–530

measure the current ditch on 2478 Traditions Way to

correctly model the storm flow in the ditch.

Should you have any questions, please do not hesitate

to contact this office.

Sincerely,

Armentrout Matheny Thurmond, P.C.

/s/ Michael B. Thurmond

Michael B. Thurmond, P.E.

President

App–531

2478 TradiƟons Way

Roof Area Draining to Rear

1,275 sqft

Pool Area Draining Offsite

1,236 sqft

Area of Grass

507 sqft

Total = 3,018 sqft

Peak Flow Analysis

25 Yr/50 Yr/100 Yr NOAA Maysville Station 09-5633

(Rainfall Station)

Tc = 5 Min

LAT 34.2647 / LONG -83.5581

For 5 Min Tc

RETURN

PERIOD

25 Yr

50 Yr

100 Yr

RAINFALL INTENSITY

(INCHES/HOUR)

9.17

10.2

11.2

C-VALUES

0.25 Wooded Lot

0.95 ResidenƟal Lot

SITE AREA

A = 3.018/43560

= 0.0692 AC

Q = CiA

For CondiƟons Existing Now

25 Yr

0.95 (9.17)(.069) = 0.60 cfs

50 Yr

0.95 (10.2)(.069) = 0.67 cfs

100 Yr

0.95 (11.2)(.069) = 0.73 cfs

App–532

For Conditions Prior to Construction

25 Yr

50 Yr

100 Yr

RETURN

PERIOD

25 Yr

50 Yr

100 Yr

0.25 (9.17)(.069) = 0.16 cfs

0.25 (10.2)(.069) = 0.18 cfs

0.25 (11.2)(.069) = 0.19 cfs

POST - PRE

(cfs)

0.44

0.49

0.54

% INCREASE

231

272

284

App–533

App–534

EXHIBIT “ B”

(ECHOTA Home Inspections Inc.)

Mr. Mark Cordle Affidavit of Business Record

App–535

ECHOTA HOME INSPECTIONS, INC

P.O. Box 17771

Atlanta, Ga. 30316

678–232–5501

24 June 2024

Mr. Kevin Yeung & Mrs. May Yeung

2904 Muscadine Way

Jefferson, Georgia 30549

RE:

Jackson County Georgia Civil Action

22CV0988

Kevin Yeung (Plaintiff) vs. Shannon Humphrey

(Defendant)

Mr. and Mrs. Yeung,

Per your request, we visited your home located at

2904 Muscadine Way on Sunday 26 May 2024 at

1300hrs for the purpose of reviewing the reported

grading/drainage and pool discharge issues, originating at the adjacent elevated property located at 2478

Traditions Way, located at the rear elevation of your

home. The weather was clear, 85F. All directions

are provided as if facing your home from the front

street.

It is our understanding that after the swimming pool

and pool deck were installed at 2478 Traditions Way,

alteration of the surface water run-off from that address onto your property was created. The water

flow from that lot discharges onto your lot, damaging

the rear stone walkway, and causing flooding at the

right elevation of your home. These issues had not

previously occurred prior to the pool/pool deck

App–536

installation. Also, the pool drainage water discharges onto your property, thereby contributing to

the flooding and causing chlorine contaminated water

runoff issues.

Documents/references reviewed in the preparation of this report included:

• Plaintiff’s motion for summary Judgement dated

17 March 2024

• Multiple photographs and videos of drainage issues provided by you.

• Dave McDonald, Esq. letter (Weinstein & Black)

dated 11 January 2024

• Elvin Aycock, PE/PH report (Atlanta Engineering

Services) dated 26 September 2023

• Brent Wadlington, BS/CIEC/IH report (Jah Environmental) dated 15 March 2024

• Michael B. Thurmond, PE report (AMT Engineers) dated 21 May 2024

• https://www.dca.ga.gov/sites/default/files/2022_

current_codes_green_sheet_0.pdf

• https://www.dca.ga.gov/sites/default/files/ispsc_

2020_ amendments.pdf

• https://library.municode.com/ga/jackson_county/

codes/code_of_ordinances?nodeId=PTIICOOR_

APXAUNDECO_ART20BURE

• https://www.jacksoncountygov.com/161/PermitProcess

• https://www.jacksoncountygov.com/DocumentCenter /View/3053/Inspection-Order-According-to-Structure-Type

• https://law.justia.com/codes/georgia/2022/title41/chapter-1/section-41-1-1/

• https://codes.iccsafe.org/content/ISPSC2018P4

App–537

• International Plumbing Code, 2018 Edition, with

Georgia Amendments (2020)

• International Swimming Pool & Spa Code, 2018

Edition, with Georgia Amendments (2020)

Description:

Per the documents provided, it appears the Defendant

contracted with Sandal Luxury Pool in 2022 to install

an inground swimming pool at the rear elevation of

her home located at 2478 Traditions Way. The subgrade pipes were reportedly not inspected by the Municipality, nor pressure tested with water by the contractor prior to concealment, as required by the 2018

International Swimming Pool & Spa Code (SP&SC).

Both items are mandatory SP&SC Code requirements, per SP&SC sections 302.4 and 302.7, respectively. After the pool plumbing modifications were

made, the pool drainage water now reportedly discharges on to your property, through a pop-up emitter

located close to your property line. This location for

the discharge is not, in our opinion, compliant with

the SP&SC requirements, per section 302.20. The

water discharge has reportedly caused damage, and

chemical contamination on your property. Multiple

grading/drainage issues have been defined in the engineering documents which you have provided. A

Certified Soil Erosion plan was reportedly not provided by the contractor, as required for pool permitting in Jackson County. You have made modifications to your property to mitigate the water discharge

issues from the adjacent property. Unfortunately,

the drainage issues created by the adjacent property

modifications have overwhelmed your efforts.

App–538

Code references:

In our opinion, the 2018 International Swimming Pool

and Spa Code (SPSC Code), was adopted by The State

of Georgia and Jackson County Georgia for mandatory compliance. We believe, per the 2018 Internation Swimming pool and Spa Code, including a review

of the State of Georgia Amendments, that the following Code sections are relevant in this matter:

302.4 Concealed Piping Inspection

Piping, including process piping, that is installed in

trenches, shall be inspected prior to backfilling.

302.7 Test

Tests on water piping systems constructed of plastic

piping shall not use compressed air for the test.

320.1 Backwash Water or Draining Water

Backwash water and draining water shall be discharged to the sanitary or storm sewer, or into an approved disposal system on the premise, or shall be disposed of by other means approved by the state or local

authority. Direct connections shall not be made between the end of the backwash line and the disposal

system. Drains shall discharge through an air gap.

Georgia & Jackson County References

Jackson County Georgia Ordinance:

ARTICLE 18. - NUISANCES AND PROPERTY

MAINTENANCE

DIVISION I. – NUISANCES

Sec. 1801. - Definitions.

Nuisance: Anything which causes hurt, inconvenience

or damage to another, provided that the hurt, inconvenience or damage complained of shall not be fanciful, or such as would affect only one of fastidious taste,

App–539

but rather such as would affect an ordinary, reasonable man, and the fact that the act done may otherwise

be lawful shall not keep such act from being a nuisance.

Sec. 1815. - Responsibility.

(a) It is the duty of the owner of every dwelling, building, structure, or property within the un incorporated

portion of Jackson County to construct and maintain

such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction including this article, or such ordinances

which regulate and prohibit activities on property including this UDC, and which declare it to be a public

nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or

ordinances.

State of Georgia Code

Title 41 - Nuisances

Chapter 1 - General Provisions

§ 41–1–1. Nuisance Defined Generally

A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act

done may otherwise be lawful shall not keep it from

being a nuisance. The inconvenience complained of

shall not be fanciful, or such as would affect only one

of fastidious taste, but it shall be such as would affect

an ordinary, reasonable man.

§ 41–1–4. Right of Action for Private Nuisance

Generally

A private nuisance may injure either a person or property, or both, and for that injury a right of action accrues to the person who is injured or whose property

is damaged.

App–540

Summary and Conclusion:

In our opinion, based on the visible evidence, and the

evidence reported and provided by the Plaintiff, and

other experts, we believe that the swimming pool installation was not compliant with the mandatory 2018

International Swimming Pool and Spa Code

Sections 302.4, 302.7, and 320.1 requirements, as

required in Jackson County and by the State of Georgia. Furthermore, the pool installation has apparently created a nuisance, as defined by Jackson

County Ordinance Article 18.- Definitions, and

further defined by Section 1815.-Responsibility for of

Duty. The State of Georgia also provides definitions

of nuisance in OCGA 41–1–1 and 41–1–4. As installed, the run-off and pool drainage discharge issues

originating from 2478 Traditions Way are actively

and adversely affecting your property located at 2904

Muscadine Way.

Best Regards,

/s/ T. Mark Cordle

T. Mark Cordle

IRC# 5187128 R–5

App–541

AFFIDAVIT OF CUSTODIAN OF RECORDS

Before me, the undersigned authority, personally appeared the person known to me as Mark Cordle who

being duly sworn, states as follows:

My name is Mark Cordle. I am over twenty-one (21)

years of age. I am of sound mind and capable of making this Affidavit. All of the facts contained in this

Affidavit are true and correct.

1.

2.

3.

4.

I am a Custodian of Records for Echota Home

Inspections, INC.

This affidavit concerns the record of Report

dated June 24, 2024 for May Yeung and Kevin

Yeung at 2904 Muscadine Way Jefferson GA

30549.

The attached record was 1) made at or near the

time of the event recorded, 2) by, or from information transmitted by a person with

knowledge, 3) kept in the court of a regularly

conducted business activity, and 4) is the regular practice of this business to make such a record.

I acknowledge that providing false certification

or declaration subjects me to criminal perjury

under the laws of the state where this is signed.

/s/ Mark Cordle

Mark Cordle

Sworn and Subscribed before me on the 31 day of

July, 2024.

App–542

/s/ Sydney Titelman

Notary Public

Commission expires: March 15, 2026

[Seal of Sydney Titelman, DeKalb County, Georgia,

Notary Public, Commission Expires March 15, 2026]

App–543

AFFIDAVIT OF CUSTODIAN OF RECORDS

Before me, the undersigned authority, personally

appeared the person known to me as Elvin Aycock

who being duly sworn, states as follows:

My name is Elvin Aycock. I am over twenty-one (21)

years of age. I am of sound mind and capable of making this Affidavit. All of the facts contained in this

Affidavit are true and correct.

1. I am a Custodian of Records for Atlanta Engineering Services, INC.

2. This affidavit concerns the record of Report

dated September 26, 2023 for May and Kevin

AuYeung at 2904 Muscadine Way Jefferson GA

30549.

3. The attached record was 1) made at or near the

time of the event recorded, 2) by, or from information transmitted by a person with knowledge,

3) kept in the court of a regularly conducted

business activity, and 4) is the regular practice

of this business to make such a record.

4. I acknowledge that providing false certification

or declaration subjects me to criminal perjury

under the laws of the state where this is signed.

/s/ Elvin Aycock

Elvin Aycock

Sworn and Subscribed before me on the 13th day of

August, 2024.

/s/ Calum Osullivan

Notary Public

Commission expires: Jun 22, 2029

App–544

[Seal of Calum Sullivan, Fulton County, Georgia,

Com. Exp. Jun 22, 2028, Notary Public]

App–545

September 26, 2023

Kevin and May Auyeung

2904 Muscadine Way

Jefferson, GA 30549

Re:

Drainage Report

Kevin and May Auyeung

2904 Muscadine Way

Jefferson, GA 30549

Dear Kevin and May,

On September 21, 2023, I made a site inspection of

your property at 2904 Muscadine Way. Before arriving on the site, I reviewed USGS and GIS maps from

public records. I also reviewed the documents furnished by you. I took photographs of your property

and the property at 2478 Traditions Way, owned by

Shannon Humphrey, according to county records.

My scope of work was to evaluate the drainage runoff

from the neighbor’s property and to recommend methods to handle the runoff from 2478 Traditions Way.

Photos are attached to document this report further.

In this report, I will refer to your property at 2904

Muscadine Way as the Auyeung property and 2478

Traditions Way as the Humphrey property.

App–546

Site Inspection and Recommendations:

• Records show that the Auyeung house was constructed in 2014, and the Humphrey house was

built in 2021. The Humphreys added a pool in

2022.

• The Humphrey property is several feet higher in

elevation than the Auyeung property. Any water that is not contained or channeled away flows

to the Auyeung Property. The area on the

Auyeung property most affected is opposite the

pool plumbing. The river rock placed in the

swale reduces the capacity of the swale. Stormwater overflows the swale and flows onto the

Auyeung property.

• The Site and Grading Plan—obtained from public

records—shows flow arrows for the direction of

stormwater flow across the Humphrey property.

Stormwater from the Humphrey property flows

from the right-rear corner of the house, across the

rear yard of the Humphrey property, and toward

the Auyeung property. The plan shows a swale

to intercept the stormwater, directing the stormwater to the street. A note with an arrow to the

swale says, “Grade 12” high berm & swale to direct water away from Lot P89 & toward street;

Tie downspouts into drainage pipe & direct toward street.”

• A pool in the backyard of the Humphrey property

was being constructed August 12, 2022, per dated

photos.

App–547

• Before the pool was constructed, the swale was

grassed, and no rock was in the grassed swale, as

seen in photographs. Rock was added to the

grass swale adjacent to the pool plumbing. The

addition of the rock occurred after the completion

of the pool and the landscaping.

• The Site and Grading Plan specified the swale to

intercept stormwater and direct the water to the

street. A properly constructed and maintained

swale would prevent stormwater from flowing to

the Auyeung property and damaging the

Auyeung property. A grassed and rock swale

was constructed along the Humphrey property to

direct stormwater flow. The grassed and rock

swale starts in the rear yard of the Humphrey

property. The swale does not meet the 12-inch

depth requirement.

• Photos show a pop-up valve located in the swale

near the pool plumbing. A pop-up valve allows

stormwater to exit the end of an underground

pipe. As per the Site and Grading Plan, the

downspouts were to be connected to an underground pipe and carry stormwater to Traditions

Way.

• Due to the lack of depth of the swale and the addition of the rock to the grassed swale, the swale’s

function has decreased efficiency and no longer

functions as per the Site and Grading Plan direction.

App–548

• Because the swale does not function properly,

stormwater flows to the Auyeung property and

saturates the stone walkway. The water has

caused discoloration of the stone, killed the grass,

and made this area less desirable and usable.

The water from the Humphrey property has devalued the property.

• Also, note that a retaining has been constructed

on the Auyeung’s property in an attempt to control the water from the Humphrey property.

The wall did not solve the stormwater problem.

• An interim solution would be to add drop inlets to

the area to collect the stormwater from the

Humphrey property. The stormwater collected

by the drop inlets should be piped down the slope

toward Traditions Way. I recommend adding

two 18-inch drop inlets with steel grates. The

openings in the drop-inlets should be a minimum

of 1-inch spacing. The top of the drop inlets

should be a minimum of 6 inches below the

ground surface. Connect the drop inlets with a

6-inch pipe, either PVC or HDPE. The interior

of the 6-inch pipe should be smooth. A pop-up

value can be connected to the end of the pipe to

discharge the stormwater.

Should you need additional information, don’t hesitate to get in touch with me to discuss.

Material References:

The following publicly available data was referenced

in the analysis in this report:

App–549

• Jackson

County

Public

Records

https://www.jacksoncountygov.com/256/GIS-Addressing

• NOAA’s National Weather Service Precipitation

Frequency

Data

Server

https://hdsc.nws.noaa.gov/hdsc/pfds/

• Georgia Stormwater Management Manual, Volume 2

• Manual for Erosion and Sediment Control in

Georgia

Accepted Engineering Practic

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