The battle over piles of dirt in a residential neighborhood has reached a stalemate. 

Since the beginning of March, Jamie Roskie, managing attorney for the University Land Use Clinic and resident of Sunset neighborhood on Price Avenue, has been fighting to remove excess soil from the vicinity of her neighborhood, which she said hasn’t been properly contained. 

The dirt comes from the University’s Special Collections Library project and is being used for a new residential development in the area.

Ashley Hill, the developer of the new neighborhood, said he is allowed to keep the dirt on Price Avenue, and is adamant that it is not nearly enough for his project. 

Hill said he plans to level off the lots and create a gravity sewer system, which would be more stable than using a pump system. Hill said the system will require even more soil. 

“We actually need more dirt than what’s here on the site,” Hill said. “We want more, but after four days we quit hauling because when it rained, it would make a mess, and we didn’t want to make a mess in the street.” 

Roskie, however, said she does not agree. She said two civil engineers, an architect, a land use lawyer and a soil scientist reside in the neighborhood, and they do not think the site will be able to accommodate such a large amount of dirt. 

“None of us really buy that he needs all this soil on the site in order to do gravity sewer, and we don’t necessarily think gravity sewer is the right solution for that site,” Roskie said. “If you raise that site up to the amount he needs in order to put gravity sewer on there, we think he’s going to cause stormwater runoff problems for neighboring properties.”

Roskie spoke with University Architects, and said Danny Sniff, campus architect, will negotiate a deal with the contractor, Brasfield & Gorrie, to take some of the dirt back to the Special Collections Library site.  

However, Sniff said he is trying to help, but taking the dirt back to the University site is not in the plans.

“If Ashley Hill has done something wrong or inappropriate, and he needs a place to bring the dirt to, the contractor should try to help,” Sniff said. “But we’re not actively trying to get the dirt back.” 

Hill said he got the dirt for free because the trucking company, Harris Trucking, wanted to get rid of it, and he needed it. He emphasized this is a deal between him and the trucking company, which has no

ties to the University. 

“The University has not contacted us about taking it back, and we don’t want them to take it back,” Hill said. “I do know that their project has to have some dirt hauled back in, but it will not be this dirt. Brasfield & Gorrie nor the University of Georgia have anything to do with this whatsoever — on any level, and that needs to be clear.”

Hill said before he began to stockpile the dirt, he spoke with Athens-Clarke County staff to make sure of the legality of the project, and he said he has complied with everything the county staff has asked him to do. 

“We’ve met with Athens-Clarke County inspectors and officials a number of times just to make sure that we continue to do things correctly,” Hill said. “We’ve been here for any neighbor who has wanted to speak with us about it.” 

According to county staff, the disturbed area is 0.94 acres, which is under the one acre threshold required for Hill to get a land disturbance permit. 

“Clarke County staff is monitoring this on a daily basis, and hopefully, we’ll be able to work something out that will help the neighbors and get this resolved,” said Mike Hamby, Athens-Clarke County Commissioner. “We want for all parties to be aware of what’s going on, and we want to make sure that we’re clear of the intent of the person who owns the dirt.” 

Roskie, Sniff, president of Upper Oconee Watershed Network Jesslyn Shields and county commissioners and staff met on March 24 to discuss the situation. 

Roskie said that she appreciated everyone’s help, but said she did not necessarily agree with the county’s interpretation of the law. 

“I’m not totally pleased with the way the staff has responded,” Roskie said. “I understand why they responded the way they did, but I don’t think they held Mr. Hill to the letter of the law the way they should have, so that’s a little bit distressing for me.” 

Roskie said in order for Hill to get an exemption from the requirement for a land disturbance permit, he needs to demonstrate he is eligible for the exemption. 

Under the Athens ordinance, Hill must file the appropriate plans and drawings to get a permit. Hill said he will submit the plans to the county soon. 

“After we get plans reviewed and get financing in place, we’ll take the dirt and spread it out and build some homes,” Hill said. “I don’t have an exact time line on that, so it’s just kind of whenever it works out.” 

Roskie said without that documentation, he is not eligible for the exemption, and the county staff do not have the power to waive the requirements for the exemption. 

“In order to get permission to do a single-family residential development, you have to file a plan with the county showing what you’re going to do, and Mr. Hill hasn’t done that,” Roskie said.