EPA v. WENDELL FALLS DEVELOPMENT, LLC - WENDELL FALLS PARKWAY

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.2 OF THE PERMIT. 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-1 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, 02/20,08, 02/27,08, 03/05/08, 3/08/08, 03/16/08, 03/23/08, 03/30/08, 04/09/08, 04/16/08, 04/23/08, 05/05/08, 05/12/08, 05/19/08, 05/26/08, 06/10/08, 06/17/08, 06/23/08/ 06/30/08, 07/10/08, 07/20/08, 07/31/08, 08/07/08, 03/21/08, 08/28/08, 09/01/08, 09/08/08, AND 09/17/08, AS REQUIRED BY PART I.B.3 OF THE PERMIT. C. STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY, AS REQUIED BY PART I.C.2 AND PART II.C.1 OF THE PERMIT, AND DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED, AS REQUIRED BY PART II.B.2 OF THE PERMIT. A CHECK DAM IN THE DOWNSTREAM PORTION OF THE STREAM CROSSING OF WENDELL FALLS PARKWAY 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 STABLIZED WITH MATTING DUE TO HIGH VELOCITY FLOW; HOWEVER, THERE WAS EVIDENCE OF SEDIMENT LOSS FROM THE DRAINANGE DITCH TO THE TRIBUTARY OF MARKS CREEK. RESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH THE NCDENR PERMIT.

Defendants (1)

• WENDELL FALLS DEVELOPMENT, LLCNamed in settlement

Facilities (1)

• WENDELL FALLS PARKWAY

  OFF OF MARTIN POND ROAD AND US 64, WENDELL, NC, 27591

  Registry ID: 110037949290

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC - WENDELL FALLS PARKWAYentered 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