EPA v. HOLLY RIDGE ASSOCIATES, L.L.C.

Case summary

THIS IS A CWA REFERRAL FOR VIOLATIONS OF SECTIONS 301, 402, 404 OF THE CWA. THIS REFERRAL INVOLVES VIOLATIONS ASSOCIATED WITH DITCHING AND DRAINING OF WETLANDS IN ONSLOW COUNTY, NC. THE DEFENDANT, HOLLY RIDGE ASSOCIATES, L.L.C., OWNS AN APPROX. 1,262 ACRE TRACT WHICH IS ABOUT 30 PERCENT WEETLANDS, AND ON WHICH THEY HAVE CONSTRUCTED AN EXTENSIVE NETWORK OF LARGE DRAINAGE DITCHES. THEY DID NOT OBTAIN COVERAGE UNDER NC'S GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY BEFORE COMMENCING CONSTRUCTION. ACCORDINGLY, TE ASSOCIATED STORMWATER DISCHARGES WERE NOT AUTHORIZED AND VIOLATED SECTION 301 AND 402 OF THE CWA. THE STORMWATER DISCHARGES HAVE CONTINUED FOR SEVERAL YEARS AND HAVE CAUSED MASSIVE AMOUNTS OF SEDIMENTS (E.G, 5 FEET DEEP IN SOME AREAS) TO BUILD UP IN WATERS AT THE SITE, WHICH INCLUDES WETLANDS ADJACENT TO CYPRESS BRANCH, BATTS MILL CREEK, STUMP SOUND AND THE ATLANTIC INTRACOASTAL WATERWA. THE DEFENDANT ALSO CAUSED DISCHARGES OF DREDGED AND/OR FILL MATERIAL DURING THE IMPLEMENTATION OF THE DITCHING PROJECT DURING (1) MECHANICAL LAND CLEARING OF WETLAND AREAS OF THE SITE; (2) PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. DURING DITCH SHAPING AND ALTERING OF DITCHES; (3) DEPOSITION OF SOIL, MARL, ROCK AND OTHER MATERIALS IN WATERS OF THE U.S. DURING CONSTRUCTION OF CHECK DAMS, WATER CONTROL STRUCTURES, AND SEDIMENT RETENTION BASINS; AND (4) DEPOSITION OF FILL FOR CONSTRUCTION OF CULVERTS AND ROAD CROSSINGS WITHOUT COMPLYING WITH CONDITIONS OF NATIONWIDE PERMITS APPLICABLE TO SUCH DISCHARGES THAT REQUIRE MAINTENANCE OF ADEQUATE SEDIMENT AND EROSION CONTROL MEASURES. THE REFERRAL REQUESTS THAT DOJ INTERVENE IN AN ONGOING CITIZENS' SUIT. THE REFERRAL SEEKS REMOVAL OF ACCUMULATED SEDIMENT IN WATERS AT THE SITE, AND FILLING OF DRAINAGE DITCHES. FILLING IN THE DITCHES WILL ADDRESS THE CONTINUING SEDIMENT DISCHARGES OF THE SITE AND RESTORE THE HYDROLOGY TO DRAINED WETLANDS. THE REFERRAL ALSO SEEKS CIVIL PENALTIES. THE REFERRAL IS PART OF AN ENFORCEMENT INITIATIVE TO ADDRESS DITCHING AND DRAINING OF WETLANDS, AND BECAUSE THIS CASE IS ALREADY IN COURT AS A CITIZEN SUIT, EPA BELIEVES INTERVENTION IS APPROPRIATE TO ENSURE THAT THE OUTCOME ADEQUATELY ADDRESSES SEVERE ENVIRONMENTAL DEGRADATION AT THE SITE AND TO ENSURE THAT THE CASE DOES NOT LEAD TO PRECEDENT WHICH IS DETRIMENTAL TO EPA INTERESTS IN OTHER SIMILAR CASES IT IS PURSUING AS PART OF THE WETLANDS DRAINAGE ENFORCEMENT INITIATIVE.

Defendants (2)

• HOLLY RIDGE ASSOCIATES, L.L.C.Named in complaintNamed in settlement
• JOHN A. ELMORENamed in complaintNamed in settlement

Facilities (1)

• HOLLY RIDGE SITE

  MORRIS LANDING RD, JACKSONVILLE, NC, 28540

  Registry ID: 110022326892

Statutes cited

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

Enforcement conclusions (1)

• HOLLY RIDGE ASSOCIATES, L.L.C.entered 2004-10-15

  Primary law: CWA

  Federal penalty: $5,000 · SEP: $450,000

Timeline (7 milestones)

• 2002-02-13Referred To Headquarters
• 2002-04-25Enforcement Action Data Entered
• 2002-07-03Referred To Dept Of Justice
• 2004-04-28Final Order Lodged
• 2004-04-28Complaint Filed With Court
• 2004-10-15Concluded
• 2004-10-15Final Order Entered