EPA v. DON BOWLES COAL NO. 1, LLC

Case summary

8/27/2010 - ADMINISTRATIVE CONSENT AGMT AND 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 0.9 ACRES OF JURISDICTIONAL WETLANDS AND 2,554 LINEAR FEET OF AN UNNAMED TRIBUTARY OF POND RIVER, NEAR THE CITY OF GRAHAM IN MUHLENGERG COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED WHILE MINING THE SITE FOR COAL. THE ARMY CORPS OF ENGINEERS (COE) FIRST CONFIRMED THE CWA 404 VIOLATION DURING A SITE INVESTIGATION WITH THE RESPONDENT'S MINING CONSULTANT ON FEB 24, 2005. THE COE REFERRED THE ENFORCEMENT CASE TO EPA ON MAR 23, 2006. CONSEQUENTLY, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER, CWA-04-2006-5771 TO RESPONDENT ON APR 19, 2006. COMMENCING ON OR ABOUT FEB 24, 2005, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY ASSOCIATED WITH COAL MINING ACTIVITIES, WITHOUT AUTHORIZATION UNDER CWA SEC 404 AND THE DISCHARGED MATERIAL HAS REMAINED IN THOSE WETLANDS AND WATERS TO THE PRESENT DATE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.9 ACRES OF WETLANDS AND 2,554 LINEAR FEET OF AN UNNAMED TRIBUTARY TO THE POND RIVER. ORDER REQUIRES: A. APPLY TO THE COE FOR A NATIONWIDE 32 PERMIT AUTHORIZATION TO IMPLEMENT A MITIGATION PLAN FOR THE IMPACTED STREAM AND WETLAND AND TO RETAIN ANY REMAINING FILL MATERIAL AS APPROVED BY THE COE. RESPONDENT SHALL APPLY TO THE COE FOR THIS PERMIT AUTHORIZATION WITHIN 30 DAYS. B. THE MITIGATION SHALL INCLUDE THE CREATION OF 1.5 ACRES OF WETLANDS, RESTORATION OF THE MINED TRIBUTARY, AND PLANTING A 100-FOOT WIDE VEGETATED BUFFER ON BOTH SIDES OF THE RESTORED TRIBUTARY. C. SITE RESTORATION MUST BE COMMENCED WITHIN 30 DAYS AFTER RECEIVING A NATIONWIDE 32 PERMIT AUTHORIZATION FROM THE COE, AND MUST BE COMPLETED AS SOON AS REASONABLY POSSIBLY FOLLOWING COMMENCEMENT OF THAT WORK, SUBJECT TO REASONABLE TIME OF YEAR RESTRICTIONS ON PLANTING. WITHIN 10 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION TO THE COE AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. D. THE RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 5 YRS IN ACCORDANCE WITH THE APPROVED MITIGATION PLAN OR UNTIL THE COE DETERMINES THAT THE MITIGATION HAS BEEN SUCCESSFULLY COMPLETED. RESPONDENT SHALL SEND A COPY OF THE ANNUAL MONTIORING REPORT TO EPA.

Defendants (1)

• DON BOWLES COAL NO. 1, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (0.9 ACRES)

  ROUTE 70 AND HENRY OATES ROAD, GRAHAM, KY, 42431

  Registry ID: 110028133589

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DON BOWLES COAL NO. 1, LLCentered 2010-08-27

  Primary law: CWA

Timeline (2 milestones)

• 2010-08-27Final Order Issued
• 2010-08-31Enforcement Action Data Entered