EPA v. EXUM, ROBERT / YDV, INC. (COMPASS POINTE)

Case summary

1/19/10 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX OWNED BY MR. ROBERT EXUM AND YDV, INC., LOCATED NORTH OF U.S. HWY 74 AND WEST OF LELAND, BRUNSWICK COUNTY, NC. THE UNAUTHORIZED IMPACTS OCCURRED IN TWO UNNAMED TRIBUTARIES TO ALLIGATOR CREEK, ALLIGATOR CREEK, HOOD CREEK, INDIAN CREEK AND THE ABUTTING AND ADJACENT FORESTED FRESHWATER WETLANDS TO THESE WATERS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. OCCURRED DURING CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY. COMMENCING ON OR ABOUT JAN 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. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED AN UNKNOWN AMOUNT OF WATERS AND FORESTED FRESHWATER WETLANDS ABUTTING AND INCLUDING TWO UNNAMED TRIBUTARIES, ALLIGATOR CREEK, HOOD CREEK AND INDIAN CREEK. THE UNNAMED TRIBUTARIES ARE PRERENNIAL STREAMS THAT FLOW TO ALLIGATOR CREEK. ALLIGATOR CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO HOOD CREEK, HOOD CREEK AND INDIAN CREEK ARE PERENNIAL STREAMS THAT FLOW TO THE CAPE FEAR RIVER, A TRADITIONAL NAVIGABLE WATER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENTS POSSESS A PERMIT UNDER CWA SECTION 404.

Defendants (2)

• YDV, INC.Named in settlement
• EXUM, ROBERTNamed 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 / YDV, INC. (COMPASS POINTE)entered 2010-01-19

  Primary law: CWA

Timeline (2 milestones)

• 2010-01-19Final Order Issued
• 2010-01-21Enforcement Action Data Entered