EPA v. WENDELL FALLS DEVELOPMENT, LLC - WENDELL FALLS SF-15

Case summary

12/5/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: DURING THE CSWEI, EPA INSPECTORS OBSERVED THAT 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; AND DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED, AS REQUIRED BY PART II.B.2 OF THE PERMIT. SILT FENCING WAS LOCATED WITHIN THE TRIBUTARY OF MARKS CREEK AT THE STREAM CROSSING JUST EAST OF BMP 2.2 ON THE SF-2 PORTION OF THE DEVLOPMENT. THE SILT FENCING WAS IMPOUNDING THE NATURAL FLOW OF THE CREEK. SEDIMENT LOSS WAS OBSERVED IN THE TRIBUTARY OF MARKS CREEK ON EITHER SIDE OF THE STREAM CROSSING AT BIG FALLS DRIVE. SLOPES NEAR THE STREAM CROSSING HAD THE POTENTIAL FOR SEDIMENT LOSS AND NEEDED STABILIZATION. RESPONDENT HAS VIOLATED SECTIONS 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-15

Facilities (1)

• WENDELL FALLS SF--15

  OFF OF MARTIN POND ROAD AND US 64, WENDELL, NC, 27531

  Registry ID: 110037949281

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC - WENDELL FALLS SF-15entered 2008-12-05

  Primary law: CWA

Timeline (2 milestones)

• 2008-12-05Final Order Issued
• 2008-12-09Enforcement Action Data Entered