EPA v. BARNSLEY INN & GOLF (BARNSLEY GARDENS) (Compliance Order)

Case summary

9/5/03 - CONSENT AGREEMENT ISSUED. THE DISCHARGE AREA ARE LOCATED ON PROPERTY OWNED BY BARNSLEY INN AND GARDENS, LP. THESE WETLANDS ARE ADJACENT TO DRY CREEK. THE DISCHARGE AREA IS LOCATED NEAR ADAIRSVILLE, BARTOW COUNTY, GA AND LOCATED NEAR 34 DEGREES 18.00' NORTH LATITUDE AND 84 DEGREES 59.00' WEST LONGITUDE. BASED UPON SITE INSPECTIONS CONDUCTED BY EPA, EPA HAS DETERMINED THAT RESPONDENT AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA. BEGINNING IN OR ABOUT OCTOBER 1995, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT, USED A BULLDOZER AND OTHER SIMILAR TYPES OF EARTH MOVING EQUIPMENT TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO APPROX 5.15 ACRES OF WETLANDS ADJACENT TO DRY CREEK AND A MINIMUM OF 1,000 LINEAR FEET OF DRY CREEK DURING CONSTRUCTION OF A WATER HAZARD AND ASSOCIATED GOLF COURSE FAIRWAYS AT BARNSLEY GARDENS GOLFING RESORT WITHOUT A CWA PERMIT. ORDER REQUIRES: IN MITIGATION OF DAMAGE TO THE ENVIRONMENT, RESPONDENT SHALL IMPLEMENT THE MAY 2003 WETLANDS AND STREAM MITIGATION PLAN APPROVED BY EPA ACCOMPLISHING THE FOLLOWING MILESTONES BY THE FOLLOWING CORRESPONDING DATES: RESTORATION AREAS: GOLF HOLE 6 FAIRWAY - NARROW CROSSING AND REMOVE SEDIMENT - JANUARY 1, 2004; GOLF HOLE 10 - FILL DITCHES AND RESTORE VEGETATION - JANUARY 1, 2004; MITIGATION AREAS: RESTRICTIVE COVENANT ON ALL MITIGATION AREAS - MARCH 1, 2004; INITIAL REFERENCE REACH DATA COLLECTION COMPLETED - MARCH 1, 2004; BASELINE HIGH FLOW CHANNEL DATA COLLECTION COMPLETED - MARCH 1, 2004; WETLAND MITIGATION - REPLANTING - MARCH 1, 2004; RIPARIAN BUFFER ENHANCEMENT - PLANTING - MARCH 1, 2004; COMPLETION OF DETAILED HIGH FLOW CHANNEL RESTORATION DESIGN - JANUARY 1, 2004; COMPLETE HIGH FLOW CHANNEL RESTORATION - JULY 1, 2004; STABILIZE RESTORED CHANNEL - MARCH 1, 2004; PLANT RESTORED CHANNEL RIPARIAN CORRIDOR - MAY 1, 2004; ANNUAL MONITORING REPORTS BEGIN - OCTOBER 1, 2004; PLUG/FILL DRY CREEK/POND CONNECTION - JULY 1, 2005; REMOVE WEIR - JULY 1, 2005; ANNUAL MONITORING REPORTS END - OCTOBER 4, 2008. ALSO, RESPONDENT SHALL ENCUMBER ALL RESTORED AREAS AND ASSOCIATED BUFFERS WITH A DEED RESTRICTION DESIGNED TO PRESERVE THE AREASIN PERPETUITY IN A NATURAL STATE CONSISTENT WITH PROTECTION OF THE WATERS OF THE U.S. ON THE PROPERTY. SUCH DEED RESTRICTION SHALL RUN WITH THE LAND AND BE BINDING UPON SUBSEQUENT OWNERS.

Defendants (1)

• BARNSLEY INN & GOLF, LPNamed in settlement

Facilities (1)

• WETLANDS (BARNSLEY GARDENS)

  ADJACENT TO DRY CREEK, ADAIRSVILLE, GA, 30103

  Registry ID: 110015766991

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BARNSLEY INN & GOLF (BARNSLEY GARDENS)entered 2003-09-05

  Primary law: CWA

Timeline (2 milestones)

• 2003-09-05Final Order Issued
• 2003-09-16Enforcement Action Data Entered