EPA v. LOCUST GROVE, INC. (HOLLOW FILL LOCATION)

Case summary

6/22/04 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500. ALLEGATIONS: COMMENCING ON OR ABOUT DECEMBER 1, 2003 TO PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND GRUBBING OF THE HOLLOWFILL PRINT DURING COAL MINING ACTIVITIES. RESPONDENT IMPACTED 2,895 LINEAR FEET OF NEGRO BRANCH, A TRIBUTARY TO BIG CREEK.

Defendants (1)

• LOCUST GROVE, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (LOCUST GROVE, INC. (HOLLOW FILL LOCATION)

  NEAR BUFFALO CREEK RD; NEGRO BRANCH OF BOG CREEK, HAZARD, KY, 41701

  Registry ID: 110017723579

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LOCUST GROVE, INC.entered 2004-09-16

  Primary law: CWA

  Federal penalty: $95,000

Timeline (3 milestones)

• 2004-06-22Complaint Filed/Proposed Order
• 2004-06-30Enforcement Action Data Entered
• 2004-09-16Final Order Issued