EPA v. MONTGOMERY GROUP, LLC (SKYLAR'S LANDING)

Case summary

8/30/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1,441 LINEAR FEET OF AN UNNAMED TRIBUTARY IN THE SALT RIVER WATERSHED IN HARRODSBURG, MERCER COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A SEDIMENT BASIN AND INSTALLATION OF THREE ROAD CROSSING CULVERTS ASSOCIATED WITH THE SKYLAR'S LANDING COMMERCIAL DEVELOPMENT. THE U.S. ARMY CORPS OF ENGINEERS DISCOVERED THE VIOLATIONS ON FEB 19, 2009 AND THE COE REFERRED THE REFERENCED CWA VIOLATION TO EPA FOR RESOLUTION IN DEC 2010. EPA ISSUED AN ADMIN COMPLIANCE ORDER TO MONTGOMERY GROUP, LLC ON FEB 9, 2011, TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S.. RESPONDENT WAS ALSO ORDERS TO SUBMIT A RESTORATION PLAN THAT WOULD: STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; REMOVE UNUAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. COMMENCING ON OR ABOUT FEB 24, 2009, TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DETECTION BASIN AND INSTALLATION OF THREE ROADWAY CULVERTS FOR THE PURPOSES OF DEVELOPMENT. TO DATE, THE UNAUTHORIZED IMPACTS REMAIN IN PLACE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1,441 LINEAR FEET OF AN UNNAMED TRIBUTARY THAT FLOWS THRU A SECOND UNNAMED TRIBUTARY TO THE SALT RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. LOCATED APPROX 2 MILES FROM THE SITE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM FEB 24, 2009 TO PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: RESPONDENT AGREES TO RESTORE THE SITE IN ACCORDANCE WITH THE APRIL 2013 STREAM RESTORATION PLAN. TO COMPENSATE FOR THE TEMPORAL LOSSESS AND REDUCED HABITAT AND WATER QUALITY ASSOCIATED WITH THE IMPACTS THAT WILL NOT BE RESTORED, THE RESPONDENT AGREES TO PAY AN IN-LIEU FEE OF $45,440 TO THE KY DEPARTMENT OF FISH AND WILDLIFE'S STREAM RESTORATION FUND FOR THE REMAINING 441 LINEAR FEET OF STREAM PIPING AND FILL THAT WILL REMAIN IN PLACE. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE COE FOR COVERAGE UNDER NATIONWIDE PERMIT 32. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATOIN WITHIN 30 DAYS. CONSTRUCTION MUST BE COMPLETED BY DEC 31, 2013. WITHIN 30 DAYS OF COMPLETION, RESPONDENT SHALL SUBJMIT TO EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA FOR A PERIOD OF FIVE YEARS.

Defendants (1)

• MONTGOMERY GROUP, LLC (SKYLAR'S LANDING)Named in settlement

Facilities (1)

• SKYLAR'S LANDING

  127 BYPASS ROAD, HARRODSBURG, KY, 40330

  Registry ID: 110055367473

Statutes cited

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

Enforcement conclusions (1)

• MONTGOMERY GROUP, LLC (SKYLAR'S LANDING)entered 2013-08-30

  Primary law: CWA

Timeline (2 milestones)

• 2013-08-30Final Order Issued
• 2013-09-09Enforcement Action Data Entered