EPA v. MALLORY CREEK DEVELOPERS, INC.

Case summary

VIOLATORS DITCHED WETLANDS TO DRAIN THEM AND CONVERT WATERS OF THE U.S. TO UPLANDS. THEY DISCHARGED SIGNIFICANT AMOUNTS OF SPOIL MATERIAL INTO WETLANDS, WITHOUT A CWA SECTIN 404 PERMIT. THEY ALSO FAILED TO OBTAIN COVERAGE UNDER A CWA NPDES PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY, AS REQUIRED UNDER SECTION 402 OF THE CWA. REFERRAL SEEKS PENALTIES AND RESTORATION OF DESTROYED WETLANDS. CD HAS BEEN NEGOTIATED WHICH PROVIDES FOR PAYMENT OF $100,000 PENALTY AND RESTORATION OF DITCHED WETLANDS, AND AGREEMENT TO BE BOUND BY JURISDICTIONAL DELINEATION WHICH REFLECTS PRE-DITCHING CONDITIONS. THIS CASE IS PART OF AN ENFORCEMENT INITIATIVE TO ADDRESS WIDESPREAD DITCHING AND DRAINING OF WETLANDS IN THE AFTERMATH OF THE NATIONAL MINING COURT DECISION WHICH HELD THAT INCIDENTAL FALLBACK OCCURRING DURING EXCAVATION IS NOT A REGULATED DISCHARGE UNDER THE CWA. MOST PARTIES SOUGHT TO TAKE ADVANTAGE OF THIS DECISION, INCLUDING THE DEFENDANTS IN THIS CASE, FAILED TO GET NECESSARY STORMWATER NPDES PERMITS FOR THEIR ACTIVITY AND FAILED TO LIMIT THEIR CWA SECTION 404 DISCHARGES TO INCIDENTAL FALLBACK.

Defendants (4)

• CAMERON, BILLNamed in complaintNamed in settlement
• MALLORY CREEK DEVELOPERS, INC.Named in complaintNamed in settlement
• MALLORY CREEK LAND AND TIMBER CO., INC.Named in complaintNamed in settlement
• TURNER, TERRYNamed in complaintNamed in settlement

Facilities (1)

• MALLORY CREEK SITE

  1,200 ACRE TRACT, SOUTHPORT, NC, 28461

  Registry ID: 110012286748

Statutes cited

• CWA OTHER — Violations not covered elsewhere
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MALLORY CREEK DEVELOPERSentered 2001-10-31

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 2001-06-05Referred To Headquarters
• 2001-06-28Referred To Dept Of Justice
• 2001-08-22Final Order Lodged
• 2001-08-22Complaint Filed With Court
• 2001-10-05Enforcement Action Data Entered
• 2001-10-31Final Order Entered
• 2001-10-31Concluded
• 2004-09-23Enforcement Action Closed