EPA v. CANDLE RIDGE MINING, INC. (ROBERT NOONAN)

Case summary

12/21/04 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IN UNNAMED TRIBUTARIES TO COURTHOUSE FORK, AND COURTHOURS FORK, NEAR THE CITY OF SAUL, IN PERRY COUNTY, KY. BASED ON INFORMATION OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS (COE), INCLUDING: (a) CEASE AND DESIST ORDER ISSUED ON JUNE 18, 2004; (b) FIELD INVESTIGATION REPORT DATED MAY 4, 2004; (c) PRE-CONSTRUCTION NOTIFICATION #200301276-ODM SUBMITTAL PACKAGE DATED APRIL 7, 2004, EPA HAS DETERMINED THAT MR. ROBERT NOONAN AND CANDLE RIDGE MINING, INC., HAVE DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 5,000 LINEAR FEET OF SEVERAL UNNAMED TRIBUTARIES TO COURTHOUSE FORK, AND COURTHOUSE FORK, WHICH IS TRIBUTARY TO LEATHERWOOD CREEK, NEAR SAUL, KY. THE DEPOSITION OF FILL MATERIAL OCCURRED AS A RESULT OF SURFACE COAL MINING ACTIVITIES IN HOLLOWFILLS #11, 12, AND 16; SEDIMENT POND #7; AND SURFACE CONTOUR MINING AREA HZ-5, ABOVE HOLLOWFILLS #12 AND 16, ALL OF WHICH ARE ASSOCIATED WITH KENTUCKY DEPT OF SURFACE MINING, RECLAMATION AND ENFORCEMENT (DSMRE) PERMIT NUMBER 897-0430, AMENDMENT NO. 1. ORDER REQUIRES: RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA OF ANY POLLUTANT . IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENTS ARE DIRECTED TO CONTACT EPA REPRESENTATIVES. RESPONDENTS SHALL, WITHIN 48 HOURS, NOTIFY EPA WHETHER RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. RESPONDENTS SHALL SUBMIT A SITE RESTORATION PLAN TO EPA WITHIN 30 DAYS THAT INCLUDES MEASURES TO (a) STABILIZE THE SITE USING APPROPRIATE BEST MANAGEMENT PRACTICES; AND (b) REDUCE THE AMOUNT OF FILL MATERIAL DEPOSITED IN HOLLOWFILL # 11, 12, AND 16, AND SURFACE CONTOUR MINING AREA HZ-5 IN COURTHOUSE FORK AND ITS UNNAMED TRIBUTARIES, INCLUDING THE MOVEMENT OF SEDIMENT POND #7, ROAD CROSSINGS, OR UNAUTHORIZED FILL MATERIAL. THE PLAN SHOULD INCLUDE MEASURES TO RESTORE WATERS OF THE U.S. AFTER FILL MATERIAL IS REMOVED. EPA WILL REVIEW THE PLAN AND ADVISE THE RESPONDENTS OF ANY DEFICIENCIES. THE RESPONDENTS SHALL COMPLETE THE PLAN WITHIN 45 DAYS OF EPA APPROVAL

Defendants (2)

• NOONAN, ROBERTNamed in settlement
• CANDLE RIDGE MINING, INC.Named in settlement

Facilities (1)

• CANDLE RIDGE MINING INC

  KY 484 & KY 2022, SAUL, KY, 40981

  Registry ID: 110009742671

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CANDLE RIDGE MINING, INC. (ROBERT NOONAN)entered 2004-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2004-12-21Final Order Issued
• 2005-01-05Enforcement Action Data Entered