EPA v. MONTGOMERY GROUP, LLC (SKYLAR'S LANDING)

Case summary

2/9/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX 1441 LINEAR FEET OF AN UNNAMED INTERMITTENT TRIBUTARY IN THE SALT RIVER WATERSHED IN HARRODSBURG, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A SEDIMENT BASIN AND INSTALLATION OF THREE ROAD CROSSING CULVERTS ASSOCIATED WITH THE SKYLAR'S LANDING COMMERICAL DEVELOPMENT. RESPONDENT WAS THE OWNER AND OPERATION OF THE PARCEL OF LAND THAT COMPRISES SKYLAR'S LANDING, A 40 ACRE SITE OFF OF HWY 127 BYPASS IN HARRODSBURG, KY THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT FEB 24, 2009, TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DETECTION BASIN AND INSTALLATION OF THREE ROADWAY CULVERTS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1441 LINEAR FEET OF AN UNNAMED TRIBUTAY WHICH FLOWS TO AN UNNAMED TRIBUTARY WHICH FLOWS DIRECTED TO THE SALT RIVER, A TRADITIONALLY NAVIGABLE WATER LOCATED APPROX 2 MILES FROM THE SITE. AT NO TIME DURING THE DISCCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT SHALL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A. STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; B. REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; C. RESTORE WATERS OF THE U.S. THAT WERE IMPACTED AT THE DISCHARGE AREA. THE RESTORATION PLANS, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS; VEGETATION, SUCCESS CRITERIA, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (1)

• MONTGOMERY GROUP, LLCNamed in settlement

Facilities (1)

• SKYLARS LANDING PHASE 1

  US 127 BYPASS AND US 127, HARRODSBURG, KY, 40330

  Registry ID: 110039405818

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MONTGOMERY GROUP, LLC (SKYLAR'S LANDING)entered 2011-02-09

  Primary law: CWA

Timeline (2 milestones)

• 2011-02-09Final Order Issued
• 2011-03-03Enforcement Action Data Entered