EPA v. RBC REAL ESTATE FINANCE, INC. (RIVER ROCK DEVELOPMENT)

Case summary

12/15/2011 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISIDICTIONAL WATERS OF HTE U.S., INCLUDING THE UNAUTHORIZED PIPING OF APPROX 595 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO MCCANLESS CREEK AND THE INSTALLATION OF ASSOCIATED IN-STREAM CHECK DAMS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE SITE PREPARATION FOR A RESIDENTIAL DEVELOPMENT. THE RIVER ROCK SITE IS A 223-ACRE RESIDENTIAL CONSTRUCTION SITE LOCATED ON REINHARDT COLLECT PARKWAY, SOUTH OF THE CITY OF WALESKA IN CHEROKEE COUNTY, GA. FROM APPROX OCT 26, 2005 UNTIL PRESENT, THE SITE HAS BEEN OWNED BY SONGBIRD - RIVER ROCK, LLC ( MORTGAGOR ). AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DID MORTGAGOR POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY THE MORTGAGOR. FROM APR 29, 2008 TO PRESENT, RESPONDENT HAS HELD A MORTGAGE ON THE SITE. MORTGAGOR IS CURRENTLY IN DEFAULT OF THE SUBJECT MORTGAGE. RESPONDENT IS ENTERING THIS CACO IN ANTICIPATION OF FORECLOSING ON THE SITE AND THEREBY BECOMING AN OWNER OF THE SITE. BY ENTERING THIS CACO, RESPONDENT AGREES TO PERFORM THE CORRECTIVE ACTION. BY ENTERING THIS CACO, RESPONDENT IS NOT AGREEING TO ACCEPT ANY FORM OF LIABILITY FOR THE CWA VIOLATIONS ASSOCIATED WITH THE PROPERTY PRIOR TO RESPONDENT'S FORECLOSURE ON, AND OWNERSHIP OF, THE PROPERTY. RESPONDENT REPRESENTS TO EPA THAT IT IS LEGALLY AUTHORIZED TO ENTER THE SITE AND PERFORM THE ACTIONS. EPA AND CHEROKEE COUNTY ENGINEERING DEPT CONDUCTED AN INSPECTION OF THE SITE ON MAR 21, 2007. DURING THIS INSPECTION, EPA DOCUMENTED THAT PORTIONS OF TWO STREAMS HAD BEEN PIPED AND THAT IN-STREAM CHECK DAMS HAD BEEN CONSTRUCTED AND WERE SERVING AS IN-STREAM SEDIMENT BASINS. MORTGAGOR'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 595 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO MCCANLESS CREEK, WHICH IS A TRIBUTARY OF SHOAL CREEK, A NAVIGABLE-IN-FACT WATER OF THE U.S. ORDER REQUIRES: RESPONDENT AGREES TO THE FOLLOWING: A. RESTORATION OF THE TWO UNNAMED TRIBUARIES TO MCCANLESS CREEK AND ASSOCIATED IMPROVEMENTS TO THE SITE IN ACCORDANCE WITH THE MITIGATION PLNA. B. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE U.S. COE FOR COVERAGE UNDER THE NATIONWIDE PERMIT 32 AUTHORIZING THE ACTIVITIES AND MITIGATION. C. RESPONDENT SHALL APPLY FOR ALL PERMITS REQUIRED UNDER CITY, COUNTY, OR STATE LAW FOR PERFORMANCE OF THE RESTORATION ACTIVITIES. D. RESPONDENT SHALL PROVIDE TO EPA PROOF OF COVERAGE UNDER NWP 32. E. RESTORATION MUST BE COMPLETED WITHIN 90 DAYS AFTER RESPONDENT'S RECEIPT OF A NWP 32 FROM THE CORPS AND OTHER PERMITS REQUIRED BY CITY, COUNTY, OR STATE LAW. F. RESPONDENT SHALL INSPECT THE RESTORED STREAM REACHES ANNUALLY FOR 3 YEARS AFTER COMPLETION TO DETERMINE STABILIZATION OF RESTORED AREAS AND SUCCESS OF THE PLANTING.

Defendants (1)

• RBC REAL ESTATE FINANCE, INC.Named in settlement

Facilities (1)

• RIVER ROCK DEVELOPMENT

  SR 140, WALESKA, GA, 30183

  Registry ID: 110038434110

Statutes cited

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

Enforcement conclusions (1)

• RBC REAL ESTATE FINANCE, INC. (RIVER ROCK DEVELOPMENT)entered 2011-12-15

  Primary law: CWA

Timeline (2 milestones)

• 2011-12-15Final Order Issued
• 2011-12-28Enforcement Action Data Entered