EPA v. RICHMOND AMERICAN HOMES OF FLORIDA LP

Case summary

5/16/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,000, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT COMMENCED LAND CLEARING ACTIVITIES AT THE DISCHARGE AREA. RESPONDENT THEN ROOT-RAKED THE AREA BY MECHANICAL MEANS. NO FILL FROM AN OUTSIDE SOURCE WAS PLACED ON THE DISCHARGE AREA, BUT SPOIL PILES WERE CREATED ON THE DISCHARGE AREA. AT AN ON-SITE INSPECTION ON SEPT 29, 2005, THE U.S. ARMY CORPS OF ENGINEERS DETERMINED THAT RESPONDENT CONDUCTED MECHANIZED LAND CLEARING ACTIVITIES AT THE DISCHARGE AREA AND DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE DISCHARGE AREA USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR RESIDENTIAL DEVELOPMENT. ON OCT 13, 2005, COE REQUESTED THAT RESPONDENT STOP ALL WORK AT DISCHARGE AREA. ALL WORK WAS IMMEDIATELY CEASED, AND IN RESPONSE TO A COE REQUEST, RESPONDENT REMOVED ALL SPOIL PILES FROM DISCHARGE AREA. COE ISSUED CEASE AND DESIST ORDER BY LETTER DATED FEB 8, 2006. BY LETTER APR 3, 2006, COE NOTIFIED RESPONDENT THAT THIS ENFORCEMENT CASE WAS REFERRED TO EPA FOR RESOLUTION. DURING AN APR 19, 2006, SITE VISIT BY EPA, IT WAS DETERMINED THAT RESPONDENT'S ACTIVITIES IMPACTED APPROX 0.18 ACRES OF WETLANDS. THESE FORMERLY FORESTED WETLANDS ARE CONNECTED BY A SERIES OF CHANNELS AND CANALS TO BULOW CREEK WHICH EMPTIES INTO HALIFAX CREEK.

Defendants (1)

• RICHMOND AMERICAN HOMES OF FLORIDA, LPNamed in complaintNamed in settlement

Facilities (1)

• RICHMOND AMERICAN HOMES

  15 SLIPPER TRAIL, PALM COAST, FL, 32164-3781

  Registry ID: 110028257393

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RICHMOND AMERICAN HOMES OF FLORIDA LPentered 2008-05-16

  Primary law: CWA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2008-05-16Final Order Issued
• 2008-05-16Complaint Filed/Proposed Order
• 2008-05-23Enforcement Action Data Entered
• 2009-02-24Enforcement Action Closed