EPA v. Chameleon, LLC and Gary Layne

Case summary

On July 20, 2022, Region III referred a case against Chameleon LLC and Gary Layne (collectively, ?Defendants?) to DOJ because their earth-moving activities resulted in violations of Section 404 of the CWA at property owned by them near Ashland, Hanover County, Virginia (?the Site?).  The Site consists of a 101.66-acre parcel which was previously forested and contains wetlands, located next to Interstate-95. The Defendants have been developing the Site without appropriate CWA Section 404 permits for discharges of fill material into wetlands onsite.  The company?s principal, Gary Layne, has conducted grubbing, draining, and clearing on the Site since at least January 2019.  On August 30, 2019, VADEQ conducted an inspection of the Site. VADEQ issued a NOV to the Defendants following that inspection, and yet they continued to conduct new work on the Site even after the inspection and NOV from VADEQ. VADEQ and the U.S. Army Corps of Engineers referred lead for this matter to EPA in March 2020. EPA sent information request letters to gather information, and attempted to gain access from the landowner to conduct a Site inspection, but access was refused. EPA obtained an Administrative Warrant from the U.S. District Court, and executed it in April 2021 to conduct a CWA, Section 404 inspection. During the inspection, EPA identified approximately 21 acres of unpermitted forested wetland which had been filled as a result of the clearing, grubbing, and grading activities. EPA issued a Notice of Potential Violation and Opportunity to Confer (?NOPVOC?) to the Defendants on May 27, 2021, and began discussions with them regarding a potential Administrative Order on Consent (?AOC?). Negotiations were not successful and EPA issued the Unilateral Administrative Order (?UAO?) to the Defendants on November 23, 2021. Pursuant to that UAO, the Defendants submitted a wetland delineation report to EPA for review. EPA reviewed the delineation report and identified substantive technical issues that need to be addressed by the Defendants. Additionally, based on aerial imagery, neighbor complaints, and documentation in Defendants? own delineation report, it appears that earth-moving activities have continued at the Site. The Site is located in an area of potential environmental justice concern for Virginia.

Defendants (2)

• Gary LaneNamed in complaint
• Chameleon, LLCNamed in complaint

Facilities (1)

• CHAMELEON, LLC

  10426 ASHCAKE ROAD, ASHLAND, VA, 23005

  Registry ID: 110070790903

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (3 milestones)

• 2022-07-20Referred To Dept Of Justice
• 2022-07-27Enforcement Action Data Entered
• 2023-11-13Complaint Filed With Court