EPA v. YDV, INC., - HOOD CREEK, LLC

Case summary

9/21/11 - CONSENT AGREEMENT ISSSUED. AGREEMENT STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JANUARY 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: A. RESPONDENTS WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON AUGUST 24, 2011 AND REVISED ON AUGUST 29, 2011. B. RESPONDENTS SHALL NOTIFY THE EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN TWENTY DAYS AFTER RECEIPT OF THE SIGNED CACO. C. RESTORATION MUST BE COMPLETED BY MARCH 1, 2012. WITHIN TWENTY DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITES. D. THE RESPONDENT SHALL INSPECT AREAS ANNUALLY FOR FIVE YEARS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCESS OF PLANTING. E. UPON COMPLETION OF THE RESTORATION ACTIVITIES, AN AS-BUILT REPORT IS DUE BY MAY 1, 2012. MONITORING REPORTS SHALL BE SUBMITTED ANNUALLY FOR FIVE YEARS OR UNTIL DEEMED SUCCESSFUL (MINIMUM OF 260 STEMS/ACRE SURVIVAL RATE AT THE END OF THE FIVE YEAR MONITORING PERIOD). F. RESTORATION AREA 1: MONITORING WELLS SHALL BE INSTALLED AS DESCRIBED IN THE RESTORATION PLAN. AT THE END OF THE FIVE YEAR MONITORING, IF WETLAND HYDROLOGY IS NOT MET AS DESCRIBED IN THE RESTORATION PLAN FOR ALL OR A PORTION OF RESTORATION AREA 1, WETLAND MITIGATION CREDITS MUST BE PURCHASED AS DESCRIBED IN THE RESTORATION PLAN. G. DRAINAGE OF BAY C: RESPONDENTS SHALL INSTALL CORRECTIVE MEASURES AS DESCRIBED IN THE RESTORATION PLAN. H. BY MAY 15 OF EACH MONITORED YEAR, THE RESPONDENTS MUST SUBMIT A REPORT TO THE EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOGRAPHS FROM THE SAME LOCATIONS; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURIVVED; 4. THE NUMBER OF PLANTINGS REPLANTED (IF REQUIRED) TO REACH THE SURVIVAL RATE OUTLINED IN THE RESTORATION PLAN; 5. DAILY RAINFALL DATA; 6. DAILY MONITORING WELL DATA; AND 7. ANY CORRECTIVE ACTION MEASURES TAKEN TO ENSURE CONTINUED STABILITY OF THE RESTORED AREA.

Defendants (2)

• YDV, INC. (SB)Named in settlement
• HOOD CREEK, LLC (SB)Named in settlement

Facilities (1)

• COMPASS POINTE (WETLANDS)

  8178 COMPASS POINTE EAST WYND, LELAND, NC, 28451

  Registry ID: 110040418045

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• YDV, INC., - HOOD CREEK, LLCentered 2011-09-21

  Primary law: CWA

Timeline (2 milestones)

• 2011-09-21Final Order Issued
• 2011-09-22Enforcement Action Data Entered