Petition for Writ of Certiorari — Kevin Yeung, Petitioner v. Shannon Humphrey
Supreme Court briefAug 19, 2026
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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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