EPA v. PANHANDLE HOMES OF BERKELEY COUNTY (BRIDLE CREEK RESIDENTIAL DEVELOPMENT)

Case summary

On April 12, 2023, Region 3 issued an Administrative Order on Consent to Panhandle Homes of Berkeley County, Inc. for violations of Section 404 of the CWA resulting from unauthorized discharges of fill material into waters of the United States without a permit at their Bridle Creek Residential Development. Earthmoving, grading, and burying activities on-site resulted in impacts to 1,024 linear feet of streams and 0.2 acres of wetlands. These resources are unnamed tributaries to Opequon Creek and abutting wetlands, Opequon Creek is a tributary to the Potomac River, a Traditional Navigable Water. The AOC seeks restoration and mitigation for the impacted waters. The Site is located in an area of potential EJ concern.

Defendants (1)

• PANHANDLE HOMES OF BERKELEY COUNTYNamed in settlement

Facilities (1)

• PANHANDLE HOMES OF BERKELEY COUNTY - BRIDLE CREEK RESIDENTIAL DEVELOPMENT

  NEAR BARREL RACE RD AND QUINELLA CT, MARTINSBURG, WV, 25404

  Registry ID: 110071344499

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PANHANDLE HOMES OF BERKELEY COUNTY (BRIDLE CREEK RESIDENTIAL DEVELOPMENT)entered 2023-04-12

  Primary law: CWA

Timeline (2 milestones)

• 2023-04-12Final Order Issued
• 2023-04-14Enforcement Action Data Entered