EPA v. ASHTON ATLANTA RESIDENTIAL, LLC (CONCORD FARMS)

Case summary

9/8/2008 - CONSENT AGMT ISSUED. THE ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. WHICH (COMBINED WITH ASSOCIATED INUNDATION) IMPACTS APPROX 299 LINEAR FEET OF UNNAMED TRIBUTARIES TO THE CHATTAHOOCHEE RIVER. MORE SPECIFICALLY, THE IMPACTS OCCURRED ON PROPERTY OWNED BY ASHTON WOODS RESIDENTIAL, LLC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING LAND CLEARING AND CONSTURCTION ACTIVITIES ASSOCIATED WITH THE DEVELOPMENT OF RESIDENTIAL NEIGHBORHOODS KNOWNS AS CONCORD FARMS AND VILLAGES AT CONCORD FARMS. RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED AUG 4, 2008 BY WATTS AND BROWNING ENGINEERS, INC. RESTORATION PLAN WILL COVER APPROX 0.57 ACRES OF DISTURBED AREA. B. USING THE COE'S SOP FOR CALCULATING COMPENSATORY MITIGATION REQUIREMENT FOR ADVERSE IMPACTS TO WETLANDS, OPEN WATERS AND STREAMS, RESPONDENT CALCULATED THE NUMBER OF MITIGATION CREDITS NECESSARY TO COMPENSATE FOR THE UNPERMITTED IMPACTS AT CONCORD FARMS TO BE 1031 STREAM CREDITS. RESPONDENT HAS PROPOSED A 20 PERCENT INCREASE IN REQUIRED STREAM MITIGATION CREDITS. ACCORDINGLY, IN COORDINATION WITH IT AFTER-THE-FACT PERMIT NOTED BELOW, RESPONDENT AGREES TO GENERATE 1246 STREAM CREDITS. RESPONDENT WILL SATISFY THIS MITIGATION OBLIGATION WITHIN 15 DAYS. C. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUST BE STARTED WITHIN 90 DAYS, BUT EXTENSION MAY BE GRANTED BY EPA. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. D. IN ADDITION TO THE ABOVE-DESCRIBED RESTORATION WORK AND PURCHASE OF MITIGATION CREDITS, RESPONDENT MUST APPLY FOR AN AFTER-THE-FACT PERMIT FROM THE COE WITHIN 60 DAYS. RESPONDENT SHALL OBTAIN A NATIONWIDE PERMIT 32 FROM THE COE FOR ANY FILL REMAINING AFTER THE COMPLETION OF THE RESTORATION PLAN. RESPONDENT'S MITIATION WILL INCLUDE THE PROPOSED 20 PERCENT PREMIUM. SHOULD THE COE DENY AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PLACE, RESPONDENT SHALL HAVE 60 DAYS FROM THE DATE OF PERMIT DENIAL TO PROVIDE EPA A PLAN FOR REMOVAL OF ALL UNAUTHORIZED FILL MATERIAL WITH A NARRATIVE DESCRIBING HOW RESPONDENT WILL RESTORE ALL IMPACTED JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. E. RESPONDENT SHALL INSPECT THE RESTORED AREA BIANNUALLY FOR 18 MONTHS AFTER IMPLEMENTATION OF THE RESTORATION PLAN. AFTER EACH BIANNUAL INSPECTION, THE RESPONDENT SHALL SUBMIT A REPORT WITHIN 20 DAYS TO EPA THAT INCLUDES (1) DATE OF INSPECTION; (2) COLOR PHOTOGRAPHS FROM THE MONITORED RESTORATION AREAS; (3) SUCCESS OF THE RESTORED BUFFER PLANTING; (4) ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE OR REACH A 75 PERCENT SUCCESS RATE FOR VEGETATIVE BUFFER ESTABLISHMENT.

Defendants (1)

• ASHTON ATLANTA RESIDENTIAL, LLC) (SB)Named in settlement

Facilities (1)

• CONCORD FARMS

  POST ROAD, CUMMING, GA, 30040

  Registry ID: 110037232456

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ASHTON ATLANTA RESIDENTIAL, LLC (CONCORD FARMS)entered 2008-09-08

  Primary law: CWA

Timeline (3 milestones)

• 2008-09-08Final Order Issued
• 2008-09-15Enforcement Action Data Entered
• 2011-03-16Enforcement Action Closed