EPA v. FRASURE CREEK MINING, LLC

Case summary

6/6/12 - Civil complaint was filed against Frasure Creek Mining, LLC et al alleging the defendants discharged fill material into several eastern Kentucky streams without a Clean Water Act permit. 7/21/14 - THE EASTERN DISTRICT OF KENTUCKY ORDERED TO APPROVE AND ENTER A PROPOSED CONSENT DECREE BETWEEN THE U.S. AND EIGHT DEFENDANTS IN THE U.S. v. FRASURE CREEK MINING, ET AL CASE. THE U.S. BROUGHT FORTH THIS LAWSUIT IN JUNE 2012 WHEN IT SUED FRASURE CREEK MINING, LLC, AND 7 RELATED COMPANIES FOR THE UNAUTHORIZED DISCHARGE OF POLLUTANTS INTO WATERS OF THE U.S., IN CONJUNCTION WITH SURFACE MINING ACTIVITIES ON 2 SITES LOCATED IN FLOYD, MAGOFFIN, AND PIKE COUNTIES, IN KY. DEFENDANTS' MINING ACTIVITIES IMPACTED AT LEAST 10,000 LINEAR FEET OF JURISDICTIONAL WATERS UNDER THE CWA. THE U.S. AND ALL 8 DEFENDANTS ENGAGED IN SETTLEMENT DISCUSSIONS DESPITE 7 OF THE DEFENDANTS GOING INTO BANKRUPTCY. AN AGREEMENT IN PRINCIPLE EVENUTALLY WAS REACHED BY ALL PARTIES, AND A PROPOSED CD WAS LODGED WITH THE DISTRICT COURT ON MAY 15, 2014. FOLLOWING THE 30-DAY PUBLIC COMMENT PERIOD, THE U.S. MOVED TO ENTER THE CD ON JULY 15, 2014. THIS FULLY EXECUTED AND FINAL, ENTERED CD WILL CONCLUDE THE UNITED STATES' CIVIL CASE AGAINST ALL 8 DEFENDANTS. THE SETTLEMENT PACKAGE TOTALS $1.5 MILLION, OUT OF WHICH $800,000 WILL BE PAID TO KY'S IN-LIEU MITIGATION PROGRAM TO PROVIDE INJUNCTIVE RELIEF, AND $700,000 WILL BE PAID TO THE U.S. TO SATISFY THE CIVIL PENALTY IN THIS CASE.

Defendants (7)

• PRATER BRANCH RESOURCES, LLCNamed in complaintNamed in settlement
• FALCON RESOURCES, LLCNamed in complaintNamed in settlement
• BEAR FORK RESOURCES, LLCNamed in complaintNamed in settlement
• TRINITY COAL PARTNERSNamed in complaintNamed in settlement
• TRINITY COAL CORPORATIONNamed in complaintNamed in settlement
• ESSAR MINERALSNamed in complaintNamed in settlement
• FRASURE CREEK MINING, LLCNamed in complaintNamed in settlement

Facilities (2)

• FRASURE CREEK MINING, LLC

  BEAR FORK-SAM HALL BRANCH ROAD, ROBINSON CREEK, KY, 41501

  Registry ID: 110043464060

• FRASURE CREEK MINING, LLC

  OFF OF KY ROUTE 850 ON PRATER BRANCH ROAD, PYRAMID, KY, 41616

  Registry ID: 110041879296

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FRASURE CREEK MINING, LLC (04-2014-C020)entered 2014-07-21

  Primary law: CWA

Timeline (8 milestones)

• 2010-09-21Referred To Dept Of Justice
• 2010-09-23Enforcement Action Data Entered
• 2012-03-09Supplemental Referral-Adding parties, counts
• 2012-06-06Complaint Filed With Court
• 2014-05-15Final Order Lodged
• 2014-07-21Concluded
• 2014-07-21Final Order Entered
• 2019-02-26Enforcement Action Closed