EPA v. BERLING, JAMES W., JAMES W. BERLING ENGINEERING, PLLC AND WALTON LAND DEVELOPMENT, LLC.

Case summary

9/12/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT NOVEMBER 17, 2005, TO PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OFTHE RESPONDENTS, DISHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE MECHANICAL LAND CLEARING AND FILLING OF STREAMS ASSOCIATED WITH COMMERCIAL DEVELOPMENT. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED 4,950 LINEAR FEET (INCLUDING 3,650 LINEAR FEET OF PERMANENT AND TEMPORARY IMPACTS, RESPECTIVELY) OF UNNAMED TRIBUTARIES TO MCCOYS FORK, WHICH IS TRIBUTARY TO MUD LICK CREEK, WHICH IS TRIBUTARY TO BIG BONE CREEK, WHICH FLOWS INTO THE OHIO RIVER, A NAVIGABLE WATER OF UNITED STATES. AT NOT TIME DURING THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR AROUND NOVEMBER 17, 2005, TO PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS.

Defendants (3)

• BERLING, JAMES W.Named in settlement
• WALTON LAND DEVELOPMENT, LLC
• JAMES W. BERLING ENGINEERING , PLLC

Facilities (1)

• WETLANDS (BERLING, JAMES W., BERLING, JAMES W. ENGINEERING, PLLC, WALTON LAND DE

  MCCOYS FORK, MUD LICK CREEK AND BONE CREEK, WALTON, KY, 41094

  Registry ID: 110037239716

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BERLING, JAMES W., JAMES W. BERLING ENGINEERING, PLLC AND WALTON LAND DEVELOPMENT, LLC.entered 2008-09-12

  Primary law: CWA

Timeline (2 milestones)

• 2008-09-12Final Order Issued
• 2008-09-13Enforcement Action Data Entered