On May 15, 2009 Mobile Baykeeper filed a notice of intent to sue the developers and associates affiliated with the construction of The Shoppes at Fairhope Village, located on Highway 98 in Fairhope, for numerous violations of the Clean Water Act from stormwater runoff at the site polluting Fly Creek. The retail center, also notable for being the site of the new Publix supermarket, began construction activities in the Fall of 2007. Since that time, the project has been plagued with stormwater runoff issues, causing not only muddy water to run into Fly Creek, in violation of its permit, but also illegally filling the wetland areas surrounding Fly Creek.

We have documented over ten separate instances of stormwater management failures at the site through Spring of 2009. These incidents of violations reflect only information that is currently available. These violations are ongoing as the developers have engaged in improper and unlawful activities at the Shoppes at Fairhope Village and upon the surrounding property.

The Fly Creek Preservation Association has filed legal action to correct the damage done to their property value and quality of life through the development of the Shoppes at Fairhope Village. Much damage has been inflicted on Fly Creek and the surrounding wetland areas as a result of the construction of this retail center. We wish to ensure through our lawsuits that sufficient protections are put in place at the site to ensure future protection of the Fly Creek Basin.

 

Photos courtesy of Jackie Wavrunek