EPA v. CAMDEN USA, INC. / CAMDEN DEVELOPMENT, INC. (CAMDEN PACES)

Case summary

9/11/2013 - ADMINISTRATIVE ORDER ISSUED. THIS AOC PERTAINS TO THE UNAUTHORIZED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO AN UNNAMED TRIBUTARY TO NANCY CREEK, WHICH IS A NAVIGABLE WATER OF THE U.S. FORM A CONSTRUCTION SITE KNOWN AS CAMDEN PACES, LOCATED AT 77 EAST ANDREWS DRIVE, ATLANTA, GA, DURING CONSTRUCTION OF STORMWATER RUNOFF STRUCTURES AT THE DEVELOPMENT. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 75 LINEAR FEET OF AN UNNAMED TRIBUTARY OF NANCY CREEK. NANCY CREEK IS A PERENNIAL STREAM THAT FLOWS TO PEACHTREE CREEK. PEACHTREE CREEK IS A PERENNIAL STREAM THAT FLOWS TO THE UPPER CHATTAHOOCHEE RIVER, WHICH IS A NAVIGABLE-IN-FACT WATER OF THE U.S. ON JAN 26, 2012, RESPONDENTS SUBMITTED A COMPLETED APPLICATION TO THE CORPS OF ENGINEERS FOR COVERAGE UNDER NATIONWIDE PERMIT NO. 29. RESPONDENTS IDENTIFIED THE ASSOCIATED PROJECT IMPACTS AS BEING ASSOCIATED WITH THE INSTALLATION OF A 24-INCH BY 25-LINEAR FOOT CORRUGATED METAL PIPE, CONCRETE HEADWALL, WINGWALL AND A RIP-RAP SPLASH PAD EXTENDED DOWNSTREAM FROM THE HEADWALL TO PREVENT EROSION. RESPONDENTS' APPLICATION DID NOT IDENTIFY THE INSTALLATION OF ROCK FILTER DAMS IN THE UNNAMED TRIBUTARY TO NANCY CREEK AS A PROJECT IMPACT. ON FEB 21, 2012, THE CORPS AUTHORIZED RESPONDENTS' PROPOSED ACTIVITY UNDER NWP 29, PROVIDED THAT RESPODNENTS COMPLY WITH CERTAIN CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPLYING WITH THE REQUIREMENTS OUTLINED IN THE MANUAL FOR EROSION AND SEDIMENT CONTROL IN GEORGIA ( MANUAL ) PUBLISHED BY THE STATE SOIL AND WATER CONSERVATION COMMISSION. ON JUNE 5, 2013, EPA AND GAEPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. EPA OBSERVED THAT RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO THE UNNAMED TRIBUTARY TO NANCY CREEK LOCATED AT THE DEVELOPMENT DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CREATION OF AT LEAST 3 ROCK FILTER DAMS FOR STORMWATER RUNOFF CONTROL. ALTHOUGH A PORTION OF RESPONDENTS' ACTIVITIES AT THE DEVELOPMENT WERE AUTHORIZED UNDER NWP 29, RESPONDENTS' DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE ROCK FILTER DAMS WAS NOT AUTHORIZED UNDER SUCH NWP 29. RESPONDENTS' UNAUTHORIZED ACTIVITIES WITH RESPECT TO THE ROCK FILTER DAMS IMPACTED APPROX 75 LINEAR FEET OF THE UNNAMED FEET OF THE UNNAMED TRIBUTARY TO NANCY CREEK. ORDER REQUIRES: IMMEDIATELY, RESPONDENTS WILL REMOVE ALL ROCK FILTER DAMS FROM AND FULLY RESTORE AND IMPACTS TO THE UNNAMED TRIBUTARY TO NANCY CREEK. RESPONDENTS WILL USE AN UNDISTURBED SEGMENT OF THE UNNAMED TRIBUARY TO NANCY CREEK AS A REFERENCE WHEN CONDUCTING STREAM RESTORATION EFFORTS. ALL ACTIVITIES WITHIN THE STREAM WILL BE CONDUCTED MANUALLY. MATERIALS REMOVED FROM THE STREAM WILL BE TAKEN OUTSIDE THE STREAM BUFFER AND DISPOSED OF IN A MANNER THAT WILL NOT CREATE AN EROSION OR POLLUTION HAZARD. RESTORATION WILL INCLUDE: (1) INITIALLY REMOVING ALL SETTLED SEDIMENT UPSTREAM OF THE ROCK FILTER DAMS; (ii) REMOVING THE ROCK FILTER DAMS, GEOTEXTILES, AND ALL RELATED MATERIALS; (iii) RESTORING THE WATERCOURSE CHANNEL TO ITS ORIGINAL CROSS-SECTION AND SLOPE; AND (iv) SMOOTHING AND APPROPRIATELY STABILIZING AND REVEGETATING ALL DISTURBED AREAS WITH NATIVE VEGETATION. WITHIN 15 DAYS OF COMPLETION OF THE WORK REQUIRED ABOVE, RESONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND INCLUDE PHOTO DOCUMENTATION OF THE COMPLETED RESTORATION WORK.

Defendants (3)

• CAMDEN PACESNamed in complaintNamed in settlement
• CAMDEN USA, INC.Named in complaintNamed in settlement
• CAMDEN DEVELPOMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (CAMDEN PACES)

  77 EAST ANDREWS DRIVE NW, ATLANTA, GA, 30305

  Registry ID: 110055626700

Statutes cited

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

Enforcement conclusions (1)

• CAMDEN USA, INC. / CAMDEN DEVELOPMENT, INC. (CAMDEN PACES)entered 2013-09-11

  Primary law: CWA

Timeline (2 milestones)

• 2013-09-11Final Order Issued
• 2013-09-18Enforcement Action Data Entered