EPA v. PARKSIDE LAKES DEVELOPMENT LLC

Case summary

5/28/2014 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1.32 ACRES OF WETLANDS IN DUVAL COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE DEVELOPMENT OF SINGLE FAMILY HOMES. IN MAY 2013, IN PREPARATION FOR CONSTRUCTION, THE PARKSIDE LAKES DEVELOPMENT, LLC HIRED AN ENVIRONMENTAL CONSULTANT, ENVIRONMENTAL SERVICES, LLC, TO DELINEATE WETLANDS ON THE PROPERTY. THE CONSULTANT DETERMINED THAT THERE WERE JURISDICTIONAL WETLANDS ON THE PROPERTY THAT WOULD REQUIRE A U.S. ARMY CORPS OF ENGINEERS (COE) PERMIT BEFORE CONSTRUCTION COMMENCED. ON SEPT 17, 2013, RESPONDENT APPLIED TO THE COE FOR A 404 PERMIT. IN NOV 2013, THE COE DISCOVERED THAT FILL AND/OR DREDGED MATERIAL HAD BEEN PLACED IN 1.32 ACRES OF JURISDICTIONAL WETLANDS ON THE SITE BEFORE THE ISSUANCE OF THE COE PERMIT. BECAUSE THE PERMIT HAD NOT BEEN FINALZIED AT THE TIME THE EARTH MOVING WORK BEGAN, THE FILL IS CONSIDERED UNAUTHORIZED AND THE PERMIT WAS NOT ISSUED TO THE RESPONDENT. ON FEB 10, 2014, RESPONDENT PURCHASED 1.5 WETLAND MITIGATION CREDITS FROM THE NORTHEAST FLORIDA WETLAND MITIGATION BANK IN ADVANCE OF THE PERMIT BEING ISSUED. COMMENCING ON OR ABOUT NOV 2013, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF SINGLE FAMILY HOMES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1.32 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO JULINGTON CREEK, A NAVIGABLE-IN-FACT WATER OF THE U.S. RESPONDENT AGREES TO PERFORM THE FOLLOWING ACTIONS: A. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE COE, JACKSONVILLE DISTRICT FOR AFTER-THE-FACT PERMIT AUTHORIZATION FOR APPROX 1.32 ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN WATERS OF THE U.S. AT THE DISCHARGE AREA. IF GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. B. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO EPA WITHIN 10 DAYS OF SUBMITTAL OF SUCH TO THE COE. C. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE COE'S PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE.

Defendants (1)

• PARKSIDE LAKES DEVELOPMENT, LLC (SB)Named in settlement

Facilities (1)

• PARKSIDE LAKES

  UNKNOWN, JACKSONVILLE, FL, 32099

  Registry ID: 110055096523

Statutes cited

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

Enforcement conclusions (1)

• PARKSIDE LAKES DEVELOPMENT LLCentered 2014-05-28

  Primary law: CWA

Timeline (2 milestones)

• 2014-05-28Final Order Issued
• 2014-06-05Enforcement Action Data Entered