EPA v. Horizon Natural Resources, Inc. (Compliance Order)

Case summary

11/13/02 - Cease and Desist Order issued. Respondent caused the unauthorized deposition of pollutans, including rock and earthen material, into jurisdictional wetlands and/or waters of the U.S. during coal mining activities in Pike and Martin Counties, KY, with CWA permits. The unauthorized activities occurred in connection with Kentucky Dept for Surface Mining Reclamation and Enforcement permit numbers 880-0147 and 880-0011 Amendment 2 in Martin County and inlcude impacts to Meade Branch, a number of unnamed tributaries to Meade Branch, unnamed tributaries to Seng Branch, unnamed tributaries to Emily Branch, and unnamed tributaries to Rockhouse Brance. Additional waters of the U.S. affiliated with DSMRE permit numbers 898-0492 Amendment 3 and 898-0473 Amendment 4 in Pike County have been impacted by discharges of pollutants without prior CWA authorization, including Right Fork Blackberry Creek, Ball Branch, Smith Branch, Billy Dotson Branch, unnamed tributaries to Ball Fork, unnamed tributaries to Rockhouse Branch, and unnamed tributaries to Smtih Branch. It has come to EPA's attention that the unauthorized work has resutled in a lack of stability of slopes and possibly inadequate protection against erosion and flooding that may require interim measures to safeguard downstream areas and residences from further impact

Defendants (1)

• Horizon Natural Resources, Inc.Named in settlement

Facilities (2)

• WETLANDS (HORIZON NATURAL RESOURCES MINING SITE 1)

  ADJ TO MEADE, SING, EMILY & ROCKHOUSE BRANCHES, PIKEVILLE, KY, 41501

  Registry ID: 110013693315

• WETLANDS (HORIZON NATURAL RESOURCES MINING SITE 2)

  BLUEBERRY CREEK,BALL,SMITH & BILLY DOTSON BRANCHES, DEBORD, KY, 41214

  Registry ID: 110014416783

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Horizon Natural Resources, Inc. (Compliance Order)entered 2002-11-13

  Primary law: CWA

Timeline (2 milestones)

• 2002-11-13Final Order Issued
• 2002-12-19Enforcement Action Data Entered