EPA v. WENDELL FALLS DEVELOPMENT, LLC - WENDELL FALLS SF-1

Case summary

12/3/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PART I.A.W OF THE PERMIT. THE VELOCITY DISSIPATER (FES 201) DENOTED IN THE PLAN WAS NOT INSTALLED AT BMP 1.2. STORM DRAIN INLET PROTECTION WAS NOT INSTALLED PER THE PLAN. B. STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY, AS REQUIRED BY PART I.C.2 AND PART II.C.1 OF THE PERMIT. REINFORCED SILT FENCE OUTLETS 201 AND 301 AT BMP 1.2 AND BMP 1.3 NEEDED MAINTENANCE. INDIVIDUAL LOTS, OUTLET 201, BMP 1.1, BMP 1.2, AND BMP 1.3 NEEDED STABILIZATION. RIP RAP AT OUTLET 301 NEEDED MAINTENANCE. TWIN FALLS ROAD NEEDED TO BE CLEANED TO PREVENT FURTHER SEDIMENT TRACKING. C. DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED, AS REQUIRED BY PART II.B.2 OF THE PERMIT. SEDIMENT WAS OBSERVED LEAVING THE DEVELOPMENT AT SILT FENCES OUTLETS 201 AND 301 AT BMP 1.2 AND BMP 1.3, AND ENTERING THE TRIBUTARY OF MARKS CREEK. RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH THE NCDENR PERMIT.

Defendants (2)

• WENDELL FALLS DEVELOPMENT, LLCNamed in settlement
• WENDELL FALLS SF-1Named in settlement

Facilities (1)

• WENDELL FALLS SF-1

  OFF OF MARTIN POND ROAD, WENDELL, NC, 27591

  Registry ID: 110037246673

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC/WENDELL FALLS SF-1entered 2008-12-05

  Primary law: CWA

Timeline (3 milestones)

• 2008-12-05Final Order Issued
• 2008-12-09Enforcement Action Data Entered
• 2009-08-28Enforcement Action Closed