EPA v. NC STATE NATURAL RESOURCES FOUNDATION, INC. (HOFMANN FOREST)

Case summary

9/20/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $160,000 DUE WITHIN 30 DAYS. ALLEGATIONS: THE NC STATE NATURAL RESOURCES FOUNDATION, INC. (NCSNRF OR FOUNDATION), RESPONDENT, AT ALL TIMES RELEVANT TO THIS CAFO, WAS THE OPERATOR OF THE SITE. THRU 2014, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO CERTAIN JURISDICTION WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED SITE PREPARATION DRAINAGE ACTIVITIES ASSOCIATED WITH FOREST MANAGEMENT. RESPONDENT'S UNAUTHORIZED SITE PREPARATION ACTIVITIES DIRECTLY IMPACTED APPROX 120 ACRES OF FORESTED WETLANDS IN THE HOFMANN FOREST. THE IMPACTED FORESTED WETLANDS ARE ADJACENT TO TRIBUTARIES OF THE WHITE OAK RIVER, THE TRENT RIVER, AND THE NEW RIVER, ALL TRADITIONAL NAVIGABLE WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT

Defendants (1)

• NC STATE NATURAL RESOURCESNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (HOFMANN FOREST)

  HIGHWAY 17, DEPPE, NC, 28555

  Registry ID: 110060345746

Statutes cited

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

Enforcement conclusions (1)

• NC STATE NATURAL RESOURCES FOUNDATION, INC. (HOFMANN FOREST)entered 2016-09-20

  Primary law: CWA

  Federal penalty: $160,000

Timeline (4 milestones)

• 2016-09-20Complaint Filed/Proposed Order
• 2016-09-20Final Order Issued
• 2016-09-29Enforcement Action Closed
• 2016-09-29Enforcement Action Data Entered