EPA v. BAYLEY'S CAMPING RESORT

Case summary

On September 28, 2016, DOJ simultaneously filed a Complaint and lodged a Consent Decree on behalf of Region 1, settling claims against FKT Resort Management LLC, FKT Bayley Family LP, Bayley?s Campground Inc., Bayley Hill Deer & Trout Farm Inc., Fred W. Bayley, Kathleen M. Bayley, Tom R. Bayley for violations of Section 404 of the CWA at two sites in southern Maine. The violations occurred between 1980 and the mid-2010s and arise from activities undertaken by Defendants to expand their resort businesses, which provide sport hunting, camping, and other recreational activities to vacationers. The settlement provides for a civil penalty of $227,500, and requires over $3 million dollars of injunctive relief - including restoration/mitigation of approximately 64.5 wetland acres, construction of two professionally engineered berms designed to restore site hydrology, and the establishment of enforceable conservation easements to permanently protect all acreage subject to the Consent Decree and associated upland, open water, and riparian habitat. The Consent Decree will be subject to a 30 day public comment period before entry. 11/30/18 DOJ/EPA and the Bayley Defendants filed a Joint Motion on Nov. 29, 2018, asking the district court to enter an Addendum modifying the Consent Decree. The current Consent Decree requires the Bayleys to construct two berms in a 10-acre pond to replace filled wetlands and restore site hydrology as part of a larger settlement of CWA 404 violations on the two Bayley Sites, which are in Scarborough, Maine. The proposed Addendum reduces the number of berms from two to one. Wetland acreage associated with the second berm will be relocated to another area of the site. The proposed change is being made at the Bayleys' request and is supported by groundwater modeling establishing that the reduction in the number of berms will achieve similar hydrological results. DOJ and the EPA case team expect the district court will grant the Joint Motion and enter the Addendum as a matter of course.

Defendants (6)

• FKT BAYLEY FAMILY LIMITED PARTNERSHIPNamed in complaintNamed in settlement
• BAYLEY HILL DEER AND TROUT FARMNamed in complaintNamed in settlement
• TOM BALEYNamed in complaintNamed in settlement
• FRED & KATHLEEN BAYLEYNamed in complaintNamed in settlement
• FKT RESORT MANAGEMTN LLCNamed in complaintNamed in settlement
• FKT BAYLEY FAMILY LPNamed in complaintNamed in settlement

Facilities (2)

• BAYLEYS CAMPING RESORT

  275 PINE POINT ROAD, SCARBOROUGH, ME, 04074

  Registry ID: 110046296655

• FRED & KATHLEEN BAYLEY RESIDENCE

  27 ROSS ROAD, SCARBOROUGH, ME, 04074

  Registry ID: 110046298136

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (2)

• BAYLEY'S CAMPING RESORTentered 2018-11-30

  Primary law: CWA

• BAYLEY'S CAMPING RESORTentered 2016-11-21

  Primary law: CWA

  Federal penalty: $227,500

Timeline (5 milestones)

• 2013-01-11Enforcement Action Data Entered
• 2013-09-27Referred To Dept Of Justice
• 2016-09-28Complaint Filed With Court
• 2018-11-29Final Order Lodged
• 2018-11-30Final Order Entered