EPA v. WENDELL FALLS DEVELOPMENT, LLC (WENDELL FALLS PARKWAY)

Case summary

7/14/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,000. ON SEPT 25, 2008, EPA, NCDENR AND WAKE COUNTY PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THERE WAS SILT FENCING ALONG THE UNNAMED TRIBUTARY OF MARKS CREEK BETWEEN SF-1 AND SF-2 THAT WAS NOT DENOTED ON THE APPROVED PLAN. A ROCK PIPE INLET SEDIMENT TRAP TYPE A WAS NOT INSTALLED ON THE NORTHERN PORTION OF THE STREAM CROSSING AS PER THE APPROVED PLAN. B. INSPECTION REPORTS WERE MISSING FOR THE FOLLOWING DATES: 1/24/08; 2/20/08; 2/27/08; 3/5/08; 3/8/08; 3/16/08; 3/23/08; 3/30/08; 4/9/08; 4/16/08; 4/23/08; 5/5/08; 5/12/08; 5/19/08; 5/26/08; 6/10/08; 6/17/08; 6/23/08; 6/30/08; 7/10/08; 7/20/08; 7/31/08; 8/7/08; 8/21/08; 8/28/08; 9/1/08; 9/8/08; 9/17/08. C. STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY AND DICHARGES WERE NOT BEING MINIMIZED OR PREVENTED. A CHECK DAM IN THE DOWNSTREAM PORTION OF THE STREAM CROSSING WAS NOT OPERATING PROPERLY, AND THERE WAS SEDIMENT LOSS INTO THE UNNAMED TRIBUTARY OF MARKS CREEK. A DRAINAGE DITCH ON THE EASTERN PORTION OF THE DEVELOPMENT WAS STABILIZED WITH MATTING DUE TO HIGH VELOCITY FLOW; HOWEVER, THERE WAS EVIDENCE OF SEDIMENT LOSS FROM THE DRAINAGE DITCH TO THE TRIBUTARY OF MARKS CREEK.

Defendants (2)

• WENDELL FALLS PARKWAYNamed in complaintNamed in settlement
• WENDELL FALLS DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• WENDELL FALLS PARKWAY

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110037513170

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC (WENDELL FALLS PARKWAY)entered 2009-07-14

  Primary law: CWA

  Federal penalty: $7,000

Timeline (4 milestones)

• 2009-07-14Final Order Issued
• 2009-07-14Complaint Filed/Proposed Order
• 2009-07-17Enforcement Action Data Entered
• 2009-08-28Enforcement Action Closed