Environmental group issues notice to sue Columbus apartment developer over water pollution concerns
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- Environmental group issued 60-day notice to sue apartment developer for failing to prevent muddy stormwater runoff into streams.
- Developer allegedly violated Clean Water Act by not using proper erosion controls, causing sediment pollution in Heiferhorn Creek tributary.
The Chattahoochee Riverkeeper (CRK) is preparing to take legal action against the developers of the Aspire at Old Guard apartment project in Columbus, Georgia, alleging violations of environmental laws designed to protect local waterways.
On March 18, 2026, the organization issued a 60-day notice of intent to sue under the Clean Water Act, a required step before filing a federal lawsuit.
CRK claims the developer failed to implement basic safeguards to prevent muddy stormwater runoff during construction, allowing sediment to flow into nearby streams.
Under both the Clean Water Act and the Georgia Erosion and Sedimentation Act, construction sites are required to use Best Management Practices (BMPs) to control erosion and keep polluted runoff from entering waterways, particularly during rainfall.
The organization says it first raised concerns about the site in 2025 after discovering that muddy stormwater was escaping through a broken and insufficient silt fence. That runoff was flowing into a nearby stream, a tributary of Heiferhorn Creek, which eventually feeds into the Chattahoochee River. After CRK notified the City of Columbus, the developer was required to make repairs.
However, CRK reports that conditions worsened significantly by February 2026. According to the group, a combination of heavy rainfall and a failure to properly install and maintain erosion controls led to large amounts of sediment washing freely from the construction site into the creek. The organization says the once-clear stream has since become heavily polluted with sediment, which is considered the leading pollutant impacting the Chattahoochee River and can harm aquatic ecosystems and downstream communities.
“I’ve looked at thousands of construction sites in my nineteen years with CRK, and this development ranks in the top five worst that I’ve seen,” said Jason Ulseth, the executive director of CRK.
CRK says it plans to move forward with a lawsuit once the 60-day notice period expires if the alleged violations are not addressed, adding that part of its mission is to hold polluters accountable and help fill enforcement gaps when regulatory agencies lack the resources to act.
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