EPA v. PIKEWOOD, INC, ET. AL.(PIKEWOOD NATIONAL GOLF COURSE)

Case summary

Virginia. On March 13, 2017, the United States and the West Virginia Department of Environmental Protection filed an Unopposed Motion for Entry of Consent Decree in the matter of U.S., et al., v. Greer Industries, Inc., et al., Civil Action No. 1:17-cv-00004-IMK. The original action alleged that Defendants discharged dredged and fill material into waters of the United States and waters of the State without a permit issued pursuant to Section 404 of the CWA, and without the necessary authorization under the West Virginia Water Pollution Control Act. The violations occurred at the Pikewood National Golf Club located at 3055 Kingwood Pike, Morgantown, West Virginia. Defendants Greer Industries, Inc., Deckers Creek Limestone Co., and Pikewood, Inc. entered into the $1.8 million settlement to which the state is a co-plaintiff. Specifically, the unauthorized activities occurred in Laurel Run and its unnamed tributaries, and included: six in-line stream impoundments, realignment and culverting of stream segments, cementing of streams and spillways, and impacts to seeps. These activities began in 2000 and were completed in the summer of 2007. Defendants also deposited dredged and fill material into wetlands, in approximately July 2010. Defendants did not, at any time, apply for a CWA Section 404 permit from the U.S. Army Corps of Engineers (Corps). From the golf course, Laurel Run, a perennial tributary, flows approximately 3.5 miles to Deckers Creek, a traditionally navigable water, which flows approximately 17 miles to the Monongahela River, another traditionally navigable water. Deckers Creek is used for recreational purposes; the Monongahela River is listed by the Corps as a ?navigable water? under Section 10 of the Rivers and Harbors Act. The impacted unnamed tributaries to Laurel Run flow either intermittently or perennially, and the impacted wetlands on the site have a continuous hydrological surface connection to an unnamed intermittent tributary to Laurel Run. In addition, Defendants will undertake significant restoration and mitigation efforts to restore the waters of the United States at a cost of approximately $4.8 million.

Defendants (7)

• BILL STONE EXCAVATING CO
• AILCO, INC
• ASPEN BUILDINGS, INC
• GREER INDUSTRIES, INCNamed in complaintNamed in settlement
• RAESE, JOHN AND GWYNE J. ROBERT
• DECKERS CREEK LIMESTONE CONamed in complaintNamed in settlement
• PIKEWOOD, INCNamed in complaintNamed in settlement

Facilities (1)

• PIKEWOOD NATIONAL GOLF COURSE

  3055 KINGWOOD PIKE, MORGANTOWN, WV, 26508

  Registry ID: 110041205852

Statutes cited

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

Enforcement conclusions (1)

• GREER INDUSTRIES, ET. AL. (PIKEWOOD NATIONAL GOLF COURSE)entered 2017-03-29

  Primary law: CWA

  Federal penalty: $900,000 · State/local: $900,000

Timeline (6 milestones)

• 2010-09-30Referred To Dept Of Justice
• 2010-10-08Enforcement Action Data Entered
• 2017-01-09Complaint Filed With Court
• 2017-01-09Final Order Lodged
• 2017-03-29Final Order Entered
• 2023-06-20Enforcement Action Closed