EPA v. SOUTHWOOD DEVELOPERS, INC, CKC, LLC

Case summary

1/24/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: COMMENCING ON OR ABOUT NOVEMBER 15, 2008 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATEIAL 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 UNITED STATES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD KNOWN AS WINDSOR PARK. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 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 CREEK. STURGEON CREEK IS TRIBUTARY TO THE BRUNSWICK RIVER AND BOTH ARE TIDALLY INFLUENCED NAVIGABLE WAVES OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM NOVEMBER 13, 2008 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL 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 SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENTS REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A VILATION OF SECTION 301 OF THE CWA. ORDER ON CONSENT RESPONDENTS WILL RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE PLAN SUBMITTED ON NOVEMBER 12, 2012. RESPONDENTS SHALL COMMENCE IMPLEMENTAION OF THE PLAN WITHIN 60 DAYS OF RECEIPT OF THE SIGNED AOC. RESPONDENTS SHALL NOTIFY THE EPA OF THE ACTUAL CONSTRUCTION START DATE FOR RESTORATION WITHIN TEN (10) DAYS OF PLAN IMPLEMENTATION. RESTORATION MUST BE COMPLETED BY SEPTEMBER 1, 2013. RESPONDENTS SHALL INSPECT THE RESTORED AREAS IN ACCORDANCE WITH THE PLAN, WHICH REQUIRES ANNUAL MONITORING FOR A PERIOD OF FIVE YEARS OR UNTIL SUCH TIME AS THE SUCCESS CRITERIAL OUTLINED IN THE PLAN ARE MET FOR PERIOD OF AT LEAST TWO CONSECUTIVE YEARS. AFTER EACH ANNUAL INSPECTION, RESPONDENTS SHALL REPLACE NON-VIABLE WETLANDS SPECIES WITH THE NUMBER OF TARGET WETLAND SPECIES TO ENSURE THE PLAN'S VEGETATIVE SUCCESS CRITERION OF 260 STEMS PER ACRE IS ACHIEVED. RESPONDENTS SHALL REPORT TO THE EPA WITHIN TWENTY-FOUR (24) HOURS OF OCCURRENCE OF ANY OF THE FOLLOWING EVENTS: THE INTENTIONAL OR ACCIDENTAL ENCROACHMENT INTO THE RESTORATION AREA BY ANY PERSON THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS, OR HYDROLOGY OF THOSE AREA; AND ANY NATUAL OCCURRENCE SUCH AS STORM EVENTS, DISEASE OR PETSS THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS, OR HYDROLOGY OF THE RESTORATION AREAS. IN THE EVENT THAT THE SUCCESS CRITERIA ARE NOT MET AT THE END OF THE FIVE (5) YEAR MONITORING PERIOD, THE RESPONDENTS SHALL APPLYY TO THE CORPS FOR DEPARTMENTS OF THE ARMY AUTHORIZATION FOR ANY IMPACTS THAT FAIL TO MEET THE SUCCESS CRITERIA WITHIN THE DISCHARGE AREA.

Defendants (2)

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

Facilities (1)

• 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, CKC, LLCentered 2013-01-24

  Primary law: CWA

Timeline (3 milestones)

• 2013-01-24Final Order Issued
• 2013-02-07Enforcement Action Data Entered
• 2015-04-20Enforcement Action Closed