SE Atlanta: Major Deforestation & Mining Threat

forest Bordering the River Permitted for Mining

TAKE ACTION NOW!

Write City Planning Commissioner Jahnee Prince & City Arborist David Zaparanick.

KEY MESSAGES:
Enforce the Atlanta Tree Protection Ordinance.
Enforce City Code Sec. 6-25.001 requiring public notice, a hearing, a ZRB recommendation and decision by City Council.

Unanswered Questions:
Did the Atlanta law department make the decision that a Special Use Permit isn’t necessary?  If not, then who?
Why is Atlanta City Code Sec. 6-25.001 not being implemented or followed?

Suggested subject line: 2811 Forrest Park Rd: Enforce Tree Ordinance & City Code 6-25.001

A surface mining permit was issued to 2811 Forrest Park Road by the Georgia Environmental Protection Division (EPD) on 12.19.2019. The site is now actively being mined and is located at the confluence of a major tributary and the South River. It is adjacent to South Atlanta High School and across the street from the Lake Charlotte Nature Preserve.

The permit allows the extraction of clay from 55 acres on the site which is zoned I-2 Heavy Industrial. Zoning is the only criteria used to determine if surface mining is allowable.

Status update according to City of Atlanta Arborist Department:

The Stop Work Order has been lifted/removed by the Arborist Dept and mining operations have resumed.  The mining operation can continue to operate without the necessary Special Use Permit until such time the City’s law department decides whether a permit is needed.

City Code Sec. 6-25.001 is applicable to this site. It states under Intent: Classes of special permits "special use permits (including extraction or removal of sand, gravel, topsoil, clay, dirt…) require public notice, a hearing, a ZRB recommendation, and are decided by City Council."

Unanswered Questions:

  • Did the Atlanta law department make the decision that a Special Use Permit isn’t necessary?  If not, then who?

  • Why is Atlanta City Code Sec. 6-25.001 not being implemented or followed?

Additional Details:

  1. Initial surface mining permit disturbs 55-acres.  Request to disturb an additional 19-acres submitted.

  2. No permits have been issued by the City, although state approval does not exempt adherence to local ordinances.

  3. Law Department is reviewing to determine if the mining permit from Georgia EPD is exempt from following the tree ordinance.   

  4. No recompense has been assessed or collected by the Atlanta Arborist Department.

  5. No Reclamation Plan provided or approved for the site.