CUMMING, Ga. — On Sept. 17, the Mashburn Family Trust agreed to terms of a consent order along with the city of Cumming.
Although the city and the Mashburn family have stabilized the dam with turbidity curtains, the new proposal calls for a plan to be drafted and public participation meetings to be held.
The consent order is related to sediment and storm water deposited on Lake Alice after a dam breach after heavy rains May 29.
About 50 homes were affected by the dam breach at Lake Alice. Sanders Road between Buford Dam and Mary Alice roads remains closed to through traffic and under repair.
The Environmental Protection Division of the Ga. Department of Natural Resources will have to approve the terms of the consent order along with the U.S. Army Corps of Engineers.
In June, the city submitted a proposal to the Mashburn family trust that was rejected.
The EPD then issued an administrative order with a deadline of Sept. 20 after a lack of progress toward a resolution.
“The City of Cumming has not and does not admit to any liability or responsibility for the failure of the Lake Alice Dam,” the city said in a statement. “Rather, the City of Cumming takes these steps and works in conjunction with these other governmental entities because the City believes it is in the best position to address the issues at hand in an efficient and effective manner.”
The new agreement says that in addition to keeping sediment out of Lake Alice, an assessment of the sediment deposit and a plan must be proposed to remove the sediment from the water and provide a permanent solution for the area.
“Within 60 days we will submit a plan, assuming the EPD and Corps approve it and we get the public participation input, the city can begin work on that plan,” City Attorney Dana Miles said.
“The city is committed to moving forward as quickly as it can to remediate the situation.”