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

Case summary

On January 9, 2023 Region 3 filed a Consent Agreement and Final Order settling an administrative enforcement action against Panhandle Homes of Berkeley County, Inc. ( Panhandle Homes ) 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 near Barrel Race Road and Quinella Court. 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 with a continuous surface connection to an unnamed relatively permanent tributary to Opequon Creek. Opequon Creek is a tributary to the Potomac River, a Traditional Navigable Water. The settlement requires Panhandle Homes to pay a civil penalty of $110,000. The Region published notice of the proposed settlement and did not receive any comments. EPA had previously entered into an Administrative Order on Consent with Panhandle Homes on April 12, 2023 requiring injunctive relief to restore and mitigate the impacted waters [Dkt. No. CWA-03-2023-0051DW]. The Site is located in an area of potential EJ concern.

Defendants (1)

• PANHANDLE HOMES OF BERKELEY COUNTY, INC.Named in complaintNamed 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, INC. (BRIDLE CREEK RESIDENTIAL DEVELOPMENT)entered 2024-01-09

  Primary law: CWA

  Federal penalty: $110,000

Timeline (4 milestones)

• 2024-01-09Final Order Issued
• 2024-01-09Complaint Filed/Proposed Order
• 2024-01-12Enforcement Action Data Entered
• 2024-02-09Enforcement Action Closed