EPA v. SOUTHWOOD DEVELOPERS, INC. , CCK, LLC (WINDSOR PARK)

Case summary

8/26/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 4 ACRES OF FRESHWATER WETLANDS ADJACENT TO AND ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF ROWEL BRANCH, ON PROPERTY LOCATED ALONG THE NORTH SIDE OF U.S. HIGHWAY 74/76, WEST OF THE TOWN OF LELAND, BRUNSWICK COUNTY, NC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD KNOWN AS WINDSOR PARK. COMMENCING ON OR ABOUT NOV 13, 2008 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND TRIBUTARIES ON THE SITE USING EXCAVATORS, BULL DOZERS AND OTHER EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD KNOWN AS WINDSOR PARK. ON NOV 13, 2008, THE U.S. ARMY COE CONDUCTED A SITE INPSECTION AND NOTED THE DISCHARGE OR DREDGED AND/OR FILL MATERIAL INTO APPROX 2 ACRES OF JURISDICTIONAL WETLANDS AND TRIBUTARIES ON THE SITE W/OUT A PERMIT. ON DEC 12, 2008, THE COE ISSUED A LETTER TO THE RESPONDENTS REQUIRING RESPONDENTS TO CEASE AND DESIST FROM ANY FURTHER WORK IN WATERS OF THE U.S. ON JAN 26, 2011, EPA AND COE CONDUCTED AN INSPECTION OF THE DISCHARGE AREA AND DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO APPROX 2 ADDITIONAL ACRES OF JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. WERE OBSERVED DURING THE INSPECTION. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4 ACRES OF FRESHWATER WETLANDS ADJACENT TO AND ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF ROWEL BRANCH. ROWEL BRANCH IS A PERENNIAL STREAM THAT FLOWS TO MILL CREEK. MILL CREEK IS A PERENNIAL STREAM THAT FLOW TO STURGEON CREEK. STURGEON CREEK IS TRIBUTARY TO THE BRUNSWICK RIVER AND BOTH ARE TIDALLY INFLUENCED NAVIGABLE WATERS OF THE U.S. AT NO TIME DURING THE DISCHARG OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM NOV 13, 2008 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. B. WITHIN 48 HOURS, RESPONDENTS WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO THE 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 RESPONDENTS INTO WATERS OF THE U.S.; AND (c) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS, VEGETATION SELECTED FOR THE AREA, SUCCESS CRITERIA AND A MONITORING PLAN. THE EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENTS. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. RESPONDENTS SHALL INITIATE IMPLEMENTATION OF THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (2)

• SOUTHWOOD DEVELOPERS, INC. (SB)Named in settlement
• CKC, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (WINDSOR PARK)

  1301 WINDSOR PARK COURT, LELAND, NC, 28451

  Registry ID: 110040418722

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SOUTHWOOD DEVELOPERS, INC. , CCK, LLC (WINDSOR PARK)entered 2011-08-26

  Primary law: CWA

Timeline (2 milestones)

• 2011-08-26Final Order Issued
• 2011-08-29Enforcement Action Data Entered