As plans for The Falls at Mink Livsey move through the regulatory process, many residents have raised concerns about creek health, flooding, erosion, and long-term watershed impacts. To help our community better understand the risks and the regulatory gaps, Save Mink Livsey invited Mark LaRue, a retired EPA scientist from Henry County. Mark specializes in hydrology, stormwater systems, and Clean Water Act implementation. Today he continues to share his professional opinions with local residents and public agencies addressing complex environmental challenges. Learn more about his consultancy: Biotics Environmental Consulting LLC.
Here’s a summary of our Q & A Session regarding the potential effects of the upcoming development on parcel R6003 164. EPD public records refer to the proposed development as “The Falls at Mink Livsey”.
1. Why Mink Livsey’s Creeks Matter More Than We Think
Q: Why are the creeks on this parcel important, and why do they require federal and state permits?
A (Mark): All the streams on this parcel matter, even the small tributaries. Think of a watershed like the human circulatory system: the big creeks (No Business Creek, Doolittle Creek) are like major arteries and veins, and the smaller tributaries are the capillaries.
Those small streams are where the watershed starts. They’re often more biologically diverse and more important for water quality purification than the larger rivers.
They require permits because:
Under federal law, they meet the definition of “waters of the U.S.” and fall under Section 404 (permits for placing fill in waters, including wetlands and streams).
Under Georgia law, they meet the definition of state waters, and impacts to stream buffers require state buffer variances.
The federal 404 permit focuses on filling waters; the state buffer variance focuses on impacts to the buffer areas. They overlap, but they are separate programs, and that’s why both federal and state permits are required.
Q: For a parcel between two creeks with smaller tributaries, how critical is it to get these permits?
A (Mark): It’s very important. There are permits and buffer variances available, but in a rapidly developing watershed like this one, the problem is that many small “routine” permits and variances are reviewed in isolation.
They’re not being evaluated cumulatively at the watershed scale. When you add up many minor permits and buffer variances, you end up with the kinds of flooding and erosion problems now being seen in Gwinnett County.
2. Flood Risk, Outdated Maps & What Homeowners Aren’t Being Told
Q: The development is using outdated FEMA maps. How should the process be changed to better protect 30–50 year mortgages from flooding?
A (Mark): FEMA doesn’t go out and remap your county on its own. FEMA maps are updated based largely on data collected and maintained by the county:
County ordinances usually require floodplain studies for each new development.
That data is supposed to feed into FEMA mapping over time.
So the responsibility sits heavily with local government to:
Maintain up-to-date, detailed floodplain maps, and
Require solid floodplain studies from developers.
Right now, counties and FEMA generally don’t do a good job of predicting future floodplains, especially under changing climate conditions. That makes long-term mortgages in flood-prone areas riskier than people realize.
For 50-year mortgages, the risk is even higher, because the maps and planning are not truly forward-looking. The best thing residents can do is push the county to:
Update ordinances,
Require better studies, and
Consider cumulative impacts and future conditions, not just historical maps from 2006.
3. Wetlands, Permits & Oversight: How the System Actually Works
Q: If the county says they don’t do wetlands mapping and leaves it to the developer, how is that checked?
A (Mark): Typically:
The developer hires a consultant to delineate wetlands and streams.
The county may look at NWI (National Wetlands Inventory) maps and incorporate that into floodplain mapping, but they don’t usually field-map wetlands themselves.
The developer’s delineation is then reviewed by agencies such as the U.S. Army Corps of Engineers, EPA, and Georgia EPD.
Most consultants are competent, and there is some “wiggle room,” but they can’t usually get away with major misrepresentation because the federal and state agencies do review the work.
Q: How do federal and state agencies get “triggered” to look at the flood risk of an area when a new project comes in?
A (Mark): By the time a Corps/EPD permit is applied for, the developer typically has already:
Completed floodplain studies and mapping required by local ordinance
Provided a package of county-level data and FEMA-based information
The Corps and EPD rely heavily on that local and FEMA data, even though it may be outdated. They don’t have the authority or staffing to go out and remap every floodplain themselves.
This is a big systemic problem: we see roads and homes flooding during storms that aren’t truly “100-year events,” largely because floodplain controls haven’t kept up with urban runoff and development.
4. How Residents Can Document Changes and Protect Their Property
Q: As a resident, if I see development causing increased sedimentation in nearby waterways, how can I measure or document that without scientific tools?
A (Mark): A very practical way is to join or use resources from the Georgia Adopt-A-Stream program. It offers:
Free training and certification for citizen scientists (chemical, biological, and bacterial monitoring).
Support and protocols for regular monitoring.
Active groups already operating in Gwinnett County.
You’ll need to buy a monitoring kit, but the training is free and designed for non-scientists. It’s a strong way for residents to collect credible data and track watershed conditions over time.
Q: What can I do right now, before construction starts?
A (Mark):
Take pictures at consistent angles and times.
Track clear vs. muddy water, turbidity, or erosion.
Request the developer’s required turbidity monitoring results and compare them to your own records.
If problems emerge, you’d then have evidence to take to:
The County
Georgia EPD
and potentially your insurance company or attorney, if it rises to that level.
All monitoring discussed here can be done from your own property, so there’s no trespassing.
5. Downstream Impact: Which Homes and Neighborhoods Are Most at Risk
Q: If I live near one of the creeks, is my home in danger from this project?
A (Mark): Possibly, depending on location.
Homes upstream of the development are less likely to be affected by this project.
Homes downstream of detention basin outfalls and near the creeks (i.e., along Doolittle Creek, around the downstream edge of the project boundary, and certain homes at the end of streets like Rock Falls Drive) are at higher potential risk from:
Increased flows
Erosion
Possible flooding
In general, those closest to downstream outfalls and existing floodplain areas are the most vulnerable.
Q: Does distance help? What about Norris Lake 1.5 miles away?
A (Mark): Distance doesn’t reduce risk - it just changes the type of risk. Norris Lake acts as a sink for sediment and stormwater from upstream development, which is why repeated dredging is needed.
Q: If all the permits are approved and construction moves forward as currently designed, is there any way to protect my home from flooding?
A (Mark): Realistically, if your home ends up being damaged:
The main route to “protection” or resolution is legal action after the fact.
That’s why pre-construction documentation (photos, monitoring, adopting a stream, etc.) is so important - it helps show that the project caused or worsened the problem.
Once detention basins and infrastructure are built, they’re essentially “baked in.” There’s not much you can do physically to “shield” your home from increased watershed-scale flows besides normal on-lot measures, and those have limits.
6. The Truth About Detention Basins: What They Do - and What They Don’t
Q: What do detention basins actually do, and do they really protect water quality?
A (Mark): Detention basins are designed primarily to:
Slow down the rate of water discharge (reduce peak flows)
Help meet regulatory “no increase in peak flow” criteria
They do not:
Fully treat water for pollution
Effectively remove many types of contaminants
They may be combined with “treatment trains” (i.e., grassy swales, other BMPs) that can remove a certain percentage of total suspended solids (sediment). But even then, they:
Do not reliably remove fecal bacteria (from pet waste, etc.)
Only partially reduce hydrocarbons (oil/grease from roads)
Do not fully address herbicides, pesticides, and other chemicals
Even when detention basins satisfy the permit requirements, they can still lead to:
Increased average stream flows (more water overall, not just peak flows)
Long-term stream bank erosion downstream because forested or pervious land is replaced by impervious surfaces
Legal but real “degradation” of downstream water quality (the permit is, in effect, a legally allowed level of pollution).
Q: For this specific project, there will be four detention basins, and some may not function fully due to shallow bedrock. Will that increase water velocity or problems downstream?
A (Mark): Where engineers say basins cannot function at full capacity because soils are too shallow or rocky, you can expect:
Less effective stormwater mitigation and pollutant removal at those basins.A higher likelihood of degraded downstream water quality, even if it technically meets permit standards (“legal degradation”).
In short, yes - where detention and treatment are limited, downstream creeks are more likely to see increased flows and poorer water quality.
Q: Who maintains these basins long-term?
A (Mark): Typically:
The county requires the developer to designate a “responsible party” for long-term maintenance - usually the Homeowners Association (HOA).
HOAs often do not set aside funds for expensive maintenance (dredging, repairs).
When major work is needed (often $20,000–$40,000+), the HOA may not have the money.
What often happens:
The basins aren’t maintained properly.
The HOA or residents go back to the county and ask them to take over responsibility.
The county may resist, or accept them in poor condition.
The best practice (rarely implemented but ideal) is:
Require developers to establish a long-term maintenance fund or escrow account for basins,
Have the county ultimately own and manage them, funded in part by that escrow.
You should find out specifically who is listed as the long-term responsible party for all four basins on this project.
7. Beyond this specific project, what systemic fixes should we be pushing for?
Q: Beyond this project, what systemic changes should residents push for?
A (Mark): Long-term protection depends on local codes and land-use planning, not just individual permits. Key changes to push for include:
Stronger, permanent stream buffers
At least 75 feet of permanent, non-discretionary buffer on both sides of streams (100–150 feet is better, but hard politically).
Buffers that cannot be cleared or converted to turf grass/landscaping, not just “no impervious surface” buffers.
Conservation easements and green infrastructure
Require a minimum percentage (i.e., 40%) of each property to remain in natural state through conservation easements.
Create a county-wide map of connected conservation areas, stream buffers, wildlife corridors, and floodplains.
Stronger stormwater and maintenance requirements
Require long-term maintenance funding/escrow for basins.
Encourage or require county ownership of major stormwater facilities.
Unified advocacy
Work with existing conservation groups (i.e., Upper Ocmulgee Basin Advisory Council, Soil and Water Conservation Districts).
Coordinate a unified voice for code changes and land-use planning reforms.
Without these code-level changes, each permit process will continue to treat projects one at a time, and cumulative damage will continue.
The Falls at Mink Livsey is more than a development project; it could influence flooding, water quality, wildlife habitat, and the safety of homes downstream for decades. As Mark LaRue emphasized, the biggest risks often come from what wasn’t evaluated, wasn’t mapped, or wasn’t monitored.
But residents do have power.
Here’s what you can do right now:
✔ Document your property before construction begins
✔ Get trained through Georgia Adopt-A-Stream
✔ Attend county meetings and speak on record
✔ Demand updated floodplain maps and stronger code enforcement
✔ Share this post to protect our creeks and our community
Your voice, your photos, your advocacy, and your engagement matter.
Together, we can ensure that development happens responsibly and that the Yellow River watershed remains healthy, resilient, and protected for generations to come.
This article reflect the views of community members and advocates.