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Sterling on the Lake association files suit against developer over lake runoff
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The Sterling on the Lake community association filed a lawsuit late last month against the developer alleging a significant increase in sediment buildup in the lake’s watershed. - photo by Scott Rogers

The Sterling on the Lake community association filed a lawsuit late last month against the developer alleging a significant increase in sediment buildup in its watershed due to construction efforts, according to court documents. 

The community association filed the suit Dec. 21 in Fulton County Superior Court against real estate developer NNP-Looper Lake LLC and contractor Strack Inc. 

Sterling on the Lake is a 1,000-acre subdivision off Spout Springs Road that has been permitted for 2,000 homes.

According to the lawsuit, the sediment has been entering the property due to the development’s “failure of erosion and sedimentation measures, failure to properly implement and (maintain) stormwater erosion and sediment control measures during construction” and failure to moderate stormwater runoff to minimize downstream erosion. The result has been sedimentation on the “property, lakes, streams and waterway within the property,” according to the lawsuit.

In 2015, one of the lakes was dredged to remove some of the sediment, but the plaintiffs allege there has been a significant increase since construction began.

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Sterling on the Lake community is suing a developer for runoff that is affecting the lake inside their community. - photo by Scott Rogers

The plaintiffs allege the watershed must undergo “stream and tributary stabilization/rehabilitation, stormwater sewer system clean-out and sediment dredging of (the lake) at significant cost.”

A specific dollar amount is not listed in the lawsuit.

“The eroded soil, rock, sand, dirt, sediment, sediment-laden storm water, debris and water invasions caused by defendants’ actions and/or omissions have interfered with plaintiff’s exclusive right to possess its property,” according to the lawsuit.

The community association’s attorney Richard Capriola did not return a request for comment Thursday, Jan. 13.

Chris Whittaker, a representative of NNP-Looper Lake LLC and a vice president of operations at Brookfield Properties, declined to comment Thursday.

The Times left multiple messages seeking comment with Strack, but those requests were not returned.

The plaintiffs are seeking injunctive relief to stop any further water pollution and for the defendants to “restore the biological, chemical, ecological, recreational and aesthetic integrity of the property.” That includes the streams feeding into the property and the property adjacent to it.

The plaintiffs are also seeking damages to be determined in a trial.

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