EPA v. CHAROLAIS COAL NO. 1, LLC (WETLANDS)

Case summary

4/19/06 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES WITHOUT A U.S. ARMY COPRS OF ENGINEEERS (COE) PERMIT IN APPROXIMATELY 0.9 ACRES OF JURISDICTIONAL WETLANDS AND 2,554 LINEAR FEET OF AN UNNAMED TRIBUTARY OF POND RIVER, NEAR THE CITY OF GRAHAM IN MUHLENBERG COUNTY, KENTUCKY. RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF THE UNITED STATES WITHIN THE DISCHARGE AREA. RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES TO BE EMPLOYED, TO RESTORE THE DISCHARGE AREA TO PRE-PROJECT ELEVATIONS AND CONDITIONS WITHIN THIRTY DAYS OF RECEIPT OF THIS ORDER. WITHIN FORTY-EIGHT HOURS OF RECEIVING THIS COMPLIANCE ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT, THE RESPONDENTS INTEND TO COMPLY WITH THIS COMPLIANCE ORDER.

Defendants (1)

• CHAROLAIS COAL NO. 1, LLCNamed in settlement

Facilities (1)

• WETLANDS (0.9 ACRES)

  ROUTE 70 AND HENRY OATES ROAD, GRAHAM, KY, 42431

  Registry ID: 110028133589

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CHAROLAIS COAL NO. 1, LLC (WETLANDS)entered 2006-04-19

  Primary law: CWA

Timeline (2 milestones)

• 2006-04-19Final Order Issued
• 2006-04-28Enforcement Action Data Entered