EPA v. BBWD, LLC (SUMMIT DEVELOPMENT)

Case summary

9/12/15 - ADMINISTRAITVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTION WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 3,867 LINEAR FEET OF 4 UNNAMED TRIBUTARIES TO NORTH CURRY'S FORK AND THE CONSTRUCTION OF 3 IN-STREAM DETENTION BASINS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE DEVELOPMENT OF A RESIDENTIAL SUBDIVISION BY SUMMIT DEVELOPMENT GROUP, LLC, THE ORIGINAL OWNER OF THE PROPERTY. RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE APPROX 157 ACRE PARCEL OF LAND LOCATED AT 2935 JERICHO ROAD IN LAGRANGE, KY THAT CONTAINS THE DISCHARGE AREA. RESPONDENT TOOK OWNERSHIP AND RESPONSIBILITY OF THE SITE AFTER PURCHASING THE FORECLOSED PROPERTY FROM PBI BANK. RESPONDENT DID NOT PERFORM THE WORK ON THE SITE THAT RESULTED IN THE VIOLATION; HOWEVER, RESPONDENT HAS AGREED TO BRING THE SITE INTO COMPLIANCE WITH THE CWA IN ACCORDANCE WITH THE RESTORATION PLAN. SUMMIT DEVELOPMENT GROUP CONDUCTED THE ACTIVITES AT THE SITE THAT RESULTED IN THE MARCH 2008 VIOLATION. SUMMIT FILED FOR BANKRUPTCY AND ON SEPT 12, 2012, PBI BANK TOOK TITLE TO THE PROPERTY THRU FORECLOSURE. ON JUNE 25, 2012, RESPONDENT PURCHASED THE PROPERTY FROM PBI BANK. COMMENCING ON OR ABOUT MAR 2008, SUMMIT AND/OR THOSE ACTING ON BEHALF OF SUMMIT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE PIPING OF STREAMS AND CONSTRUCTION OF IN-STREAM DETENTION BASINS FOR THE PURPOSES OF A RESIDENTIAL DEVELOPMENT. SUMMIT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3,867 LINEAR FEET OF 4 UNNAMED TRIBUTARIES TO NORTH CURRY'S FORK AND INCLUDED THE CONSTRUCTION OF THREE IN-STREAM DETENTION BASINS. STREAMS ON THE SITE JOIN TO FLOW VIA NORTH CURRY'S FORK TO CRYSTAL LAKE, WHICH IS A NAVIGABLE WATER OF THE U.S. AGREEMENT: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN. B. RESPONDENT SHALL COMMENCE IMPLEMENT OF THE RESTORATION WIHTIN 30 DAYS. TREES SHOULD BE PLANTED DURING THE FIRST VEGETATIVE DORMANT SEASON FOLLOWING COMPLETION OF THE RESTORATION. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION AND PLANTING, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPONDENT SHALL PERFORM AN INSPECTION OF THE RESTORED AREAS 1 YEAR AFTER THE EPA INSPECTION TO DETERMINE SUCCESS OF THE RESTORATION AND PLANTING. RESPONDENT SHALL PERFORM ANY CORRECTION ACTIVE REQUIRED. IN ADDITION, THE RESTORED BUFFER SHALL BE INSPECTED TO ASSESS THE SURVIVAL OF THE PLANTED SPECIES. CORRECTIVE ACTION WILL BE TAKEN, IF NEEDED, TO ENSURE AT LEAST 80 PERCENT SURVIVAL OF PLANTED SPECIES. D. UNLESS EPA AGREES OTHERWISE IN WRITING, RESPONDENT SHALL SUBMIT THE MONITORING REPORT TO EPA WITHIN 30 DAYS OF THE 1 YEAR ANNIVERSAY OF THE INSPECTION. E. RESPONDENT SHALL REPORT TO EPA WITHIN 30 DAYS OF OCCURRENCE OF ANY OF THE FOLLOWING EVENTS DURING THE 1 YEAR MONITORING PERIOD: INTENTIONAL OR ACCIDENTAL ENCROACHMENT INTO THE RESTORATION AREAS BY ANY PERSON THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS, OR HYDROLOGY OF THOSE AREAS, AND ANY NATURAL OCCURRENCY SUCH AS STORM EVENTS, DISEASE OR PESTS THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS OR HYDROLOGY OF THE RESTORATION AREAS. AT THE CONCLUSION OF THE MONITORING PERIOD, EPA WILL SEND A CASE CLOSURE LETTER TO RESPONDENT. F. UPON COMPLETION OF THE RESOTRATION ACTIVITIES (INCLUDING FILING OF THE DEED RESTRICTIONS), RESPONDENT SHALL SUBMIT AN APPLICATION TO THE U.S. ARMY CORPS OF ENGINEERS FOR A CWA 404 PERMIT TO COVER THE PIPES REMAINING IN PLACE. THE PERMIT WILL REQUIRE MITIGATION FOR 2 ROAD CROSSINGS AT 60 LINEAR FEET EACH AND ESTABLISHMENT OF VEGETATED BUFFERS AND DEED RESTRUCTIONS TO MITIGATE FOR THE PIPE THAT IS RUNNING PARALLEL (UNDER) SUMMIT PARKS DRIVE AND TARPON DRIVE.

Defendants (1)

• BBWD, LLCNamed in settlement

Facilities (1)

• WETLANDS (SUMMIT PARKS SUBDIVISION)

  2935 JERICHO ROAD, LAGRANGE, KY, 40031

  Registry ID: 110038433166

Statutes cited

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

Enforcement conclusions (1)

• BBWD, LLC (SUMMIT DEVELOPMENT)entered 2015-09-21

  Primary law: CWA

Timeline (2 milestones)

• 2015-09-21Final Order Issued
• 2015-09-23Enforcement Action Data Entered