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

Case summary

9/12/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,000, DUE WITHIN 30 DAYS. ALLEGATIONS: THE DISCHARGE ARE IS APPROX 3.85 ACRES OF FORESTED WETLANDS ADJACENT TO AND ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF ROWEL BRANCH, ON PROPERTY LOCATED LONG WITH NORTH SIDE OF U.S. HWY 74/76, WEST OF THE TOWN OF LELAND, BRUNSWICK COUNTY, NC. 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 WETLANDS ON THE SITE USING EXCAVATORS, BULL DOZERS AND OTHER EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH MECHANICAL LAND CLEARING AND EXCAVATION WITH SIDE CAST INTO WATERS OF THE U.S. ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD KNOWN AS WINDSOR PARK. RESONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.85 ACRES OF WETLANDS THAT ARE 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 FLOWS TO STURGEON CREK. STURGEON CREEK IS TRIBUTARY TO THE BRUNSWICK RIVER AND BOTH ARE TIDALLY INFLUENCED NAVIGABLE WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA OF NOV 13, 2008 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENTS. ON NOV 13, 2008, THE CORPS DISCOVERED THAT THE RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD, WINDSOR PARK. ON DEC 12, 2008, THE CORPS ISSUED A CEASE AND DESIST ORDER TO THE RESPONDENTS PROHIBITING RESPONDENTS FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. ON FEB 10, 2011, THE CORPS REFERRED THE ENFORCEMENT CASE AGAINST THE RESPONDENTS TO THE EPA IN ACCORDANCE WITH TEH 1989 MEMORANDUM OF AGREEMENT BETWEEN THE CORPS AND EPA CONCERNING FEDERAL ENFORCEMENT OF THE CWA. ON AUG 26, 2011, EPA ISSUED AN ADMIN COMPLIANCE ORDER, CWA-04-2011-5778, AND 308 INFO REQUEST, 308-011-012, TO THE RESPONDENTS, ORDERING THE RESPONDENTS TO SUBMIT A RESTORATION PLAN AND TO ANSWER SPECIFIC QUESTIONS ABOUT THE UNAUTHORIZED ACTIVITY. ON AUG 29, 2011, RESPONDENTS SUBMITTED A RESPONSE TO THE 308 INFO REQUEST. ON SEPT 28, 2011, SOUTHERN ENVIRONMENTAL GROUP, INC. ON BEHALF OF THE RESPONDENTS SUBMITTED A RESTORATION PLAN ENTITLED WINDSOR PARK WETLAND RESTORATOIN PLAN WHICH ESTABLISHES METHODS AND SUCCESS CRITERIA FOR RESTORING THE WETLANDS IMPACTED TO EPA FOR REVIEW. EPA PROVIDED COMMENTS AND ON DEC 4, 2012, RESPONDENTS SUBMITTED A FINAL PLAN THAT ADDRESSED EPA'S COMMENTS. ON JAN 25, 2013, EPA ISSUED RESPONDENTS AN ADMIN COMPLIANCE ORDER ON CONSENT, CWA-04-2013-5755, DIRECTING RESPONDENTS TO IMPLEMENT THE PLAN AND COMPLETE RESTORATION OF THE DISCHARGE AREA NO LATER THAN SEPT 1 2013. TO DATE, RESPONDENTS HAVE BEEN FULLY COMPLIANT WITH THE AOC.

Defendants (2)

• SOUTHWOOD DEVELOPERS, INC.Named in complaintNamed in settlement
• CKC, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (WINDSOR PARK)

  1301 WINDSOR PARK COURT, LELAND, NC, 28451

  Registry ID: 110040418722

Statutes cited

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

Enforcement conclusions (1)

• SOUTHWOOD DEVELOPERS, INC. AND CKC, LLC (WINDSOR PARK)entered 2013-09-12

  Primary law: CWA

  Federal penalty: $11,000

Timeline (4 milestones)

• 2013-09-12Final Order Issued
• 2013-09-12Complaint Filed/Proposed Order
• 2013-09-18Enforcement Action Data Entered
• 2013-10-21Enforcement Action Closed