EPA v. RIVERWOOD, LLC

Case summary

6/10/05 - FINAL ADMINISTRATIVE CONSENT AGREEMENT ISSUED. VIOLATIONS: THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO AN UNNAMED TRIBUTARY OF THE DOG RIVER, NORTH OF ALLIGATOR BAYOU, IN A DEVELOPMENT ADJACENT TO RABBIT CREEK ROAD NEAR THE CITY OF MOBILE, AL. EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 4.10 ACRES OF WATERS OF THE U.S. DURING CONSTRUCTION OF A SUBDIVISION. RESPONDENT CONDUCTED THESE ACTIVITIES WITHOUT A SECTION 404 PERMIT. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE PURSUANT TO SECTION 404 OF THE CWA OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGMT. RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA FOR APPROVAL TO RESTORE THE WETLAND AREAS WITHIN 30 DAYS. ADDITIONALLY, THERE WILL BE A 3-YEAR MONITORING PLAN WHICH SHOULD INCLUDE HYDROLOGICAL AND VEGETATIVE SUCCESS CRITERIA. THE SURVIVAL RATE AT THE END OF THE 3-YEAR MONITORING PERIOD SHALL BE 70 PERCENT OF THE PLANTED SPECIES ONSITE. UPON APPROVAL OF THE RESTORATION PLAN BY EPA, AND RECEIPT OF ANY OTHER FEDERAL, STATE, AND LOCAL APPROVALS THAT MAY BE REQUIRED, RESPONDENT SHALL COMPLETE THE RESTORATION OF THE AREA WITHIN 6 MONTHS. RESPONDENT SHALL MONITOR THE RESTORED WETLAND AREAS FOR 3 YEARS FROM DATE OF THE COMPLETION OF RESTORATION. REPORTS SHALL BE SUBMITTED THE FIRST YEAR BI-ANNUALLY AND ANNUALLY FOR THE NEXT 2 YEARS. RESPONDENT SHALL SUBMIT FOR APPROVAL OF EPA THE TYPE OF FENCING THAT IS PROPOSED TO BE INSTALLED AROUND THE WETLAND AREAS ONSITE TO PROTECT THESE WETLANDS FROM FURTHER IMPACTS. ONCE THE TYPE OF FENCING HAS BEEN APPROVED BY EPA, RESPONDENT HAS 60 DAYS FROM APPROVAL DATE TO HAVE ALL OF THE FENCING INSTALLED. RESPONDENT SHALL SUBMIT DOCUMENTATIONS (I.E., PHOTOS, REPORTS, ETC.) TO EPA WITHIN 30 DAYS FROM COMPLETION OF REQUIRED ITEMS SHOWING RESPONDENT HAS COMPLETED. RESPONDENT HAS 30 DAYS TO PLACE A DEED RESTRICTION DESIGNED TO PRESERVED ALL ONSITE WETLAND AREAS WITH THE EXCEPTION OF WETLAND AREAS TO BE RETAINED IN PERPETUITY IN A NATURAL STATE CONSISTENT WITH PROTECTION OF THE WATERS OF THE U.S. ON THE PROPERTY. RESPONDENT SHALL FURNISH EPA WITH DOCUMENTATION OF THE DEED RESTRICTION, AND SHALL MAINTAIN THE RESTRICTION IN FULL FORCE AND EFFECT, RENEWING IT IF AT ANY TIME IT SHOULD EXPIRE OR OTHERWISE TERMINATE BY OPERATION OF LAW. SUCH DEED RESTRICTION SHALL RUN WITH THE LAND AND BE BINDING UPON SUBSEQUENT OWNERS. IN THE MATTER OF THE IMPACTS TO APPROX 1.11 ACRES OF WETLANDS (WHICH INCLUDE PARTS OF LOTS 49, 50, AND 57; ROAD CROSSING SOUTH END OF DEVELOPMENT AND DETECTION POND), RESPONDENT SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT TO AUTHORIZE ANY FILL REMAINING IN JURISDICTIONAL WETLANDS IN THE DISCHARGE AREA. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR AUTHORIZATION. NOTHING IN THIS AGREEMENT IN ANY WAY BINDS THE COE OR RESTRICTS THE COE'S REGULATORY PROCESSES. THE COE HAS FULL DISCRETION TO REQUIRE ADDITIONAL INFO REGARDING JURISDICTIONAL WETLANDS ON THE DISCHARGE AREA OR ANY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION. SHOULD THE COE DENY AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PLAE, AND SHOULD THE RESPONDENT DECIDE NOT TO APPEAL THIS RULING, RESPONDENT WILL HAVE 30 DAYS FROM THE DATE OF DENIAL TO PROVIDE EPA A PLAN FOR REMOVAL OF ALL FILL MATERIAL ALONG WITH A NARRATIVE DESCRIBING THE RESTORATION OF ANY IMPACTED JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. SHOULD THE COE ISSUE A PERMIT OR OTHERWISE AUTHORIZE THE REMAINING FILL, RESPONDENT SHALL PROVIDE EPA A COPY OF THE COE PERMIT AND ANY ADDITIONAL CONDITIONS AND ATTACHMENTS WITHIN 20 DAYS OF AUTHORIZATION

Defendants (1)

• RIVERWOOD, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (RIVERWOOD, LLC)

  ADJ TO RABBIT CREEK ROAD, MOBILE, AL, 36601

  Registry ID: 110022862302

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RIVERWOOD, LLCentered 2005-06-10

  Primary law: CWA

Timeline (2 milestones)

• 2005-06-10Final Order Issued
• 2005-06-29Enforcement Action Data Entered