EPA v. EXUM, ROBERT/ HOOD CREEK, LLC (COMPASS POINTE)

Case summary

1/19/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES ON THE PROPERTY OWNED BY ROBERT EXUM AND 74 HOLDINGS, LLC, LOCATED NORTH OF U.S. HIGHWAY 74 AND WEST OF LELAND, BRUNSWICK COUNTY, NORTH CAROLINA. THE UNAUTHORIZED IMPACTS OCCURRED IN TWO UNNAMED TRIBUTARIES TO ALIGATOR CREEK, ALLIGATOR CREEK, HOOD CREEK, INDIAN CREEK AND THE ABUTTING AND ADJACENT FORESTED FRESHWATER WETLANDS. COMMENCING ON OR ABOUT JANUARY 2008, TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JAUNARY 2008 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OF THE CWA. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.

Defendants (2)

• HOOD CREEK, LLC (SB)Named in settlement
• EXUM, ROBERT (SB)Named in settlement

Facilities (1)

• COMPASS POINTE (WETLANDS)

  8178 COMPASS POINTE EAST WYND, LELAND, NC, 28451

  Registry ID: 110040418045

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• EXUM, ROBERT/ HOOD CREEK, LLC (COMPASS POINTE)entered 2010-01-19

  Primary law: CWA

Timeline (2 milestones)

• 2010-01-19Final Order Issued
• 2010-03-02Enforcement Action Data Entered