EPA v. D.R. HORTON, INC. (TOHO PRESERVE)

Case summary

08/09/2017 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2.4 ACRES OF HERBACEOUS FRESHWATER WETLANDS ( THE DISCHARGE AREA ) ADJAENT TO LAKE TOHOPEKALIGA, WITHIN A LARGER PARCEL OF APPROX 1,600 ACRES. THE SITE IS LOCATED SOUTHWEST OF NEPTUNE ROAD (STATE ROAD 525), OSCEOLA COUNTY, FL. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF AN ACCESS ROAD ASSOCIATED WITH A MULTI-PHASED RESIDENTIAL DEVELOPMENT. ON OCT 14, 2015, THE U.S. ARMY CORPS OF ENGINEERS ISSUED A CEASE AND DESIST NOTIFICATION AND WARNING TO RESPONDENT, PROHIBITING FURTHER PLAEMENT OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON NOV 17, 2015, PERSONNEL FROM EPA AND THE COE CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. RESPONDENT, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE SITE, WHICH CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT NOV 8, 2013, TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AT THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN ACCESS ROAD FOR A RESIDENTIAL DEVELOPMENT. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.4 ACRES OF HERBACEOUS FRESHWATER WETLANDS THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT SHALL PURCHASE 2.1 WETLAND MITIGATION CREDITS FROM A FEDERALLY-APPROVED MITIGATION BANK WHOSE PRIMARY AND/OR SECONDARY SERVICE AREA COVERS THE DISCHARGE AREA TO MITIGATE FOR THE IMPACTS TO THE APPROX 2.4 ACRES OF WETLANDS AND SHALL PROVIDE PROOF OF SUCH PURCHASE TO EPA WITHIN 180 DAYS. B. WITHIN 30 DAYS, RESPONDENT SHALL CONFER WITH THE COE AND APPLY TO THE COE FOR AUTHORIZATION UNDER NATIONWIDE PERMIT 32, THE RESPONDENT'S PENDING PERMIT APPLICATION OR SUCH OTHER PERMIT AUTHORITY AS THE COE IN ITS SOLE DISCRETION SHALL DEEM APPROPRIATE, TO ALLOW THE APPROX 2.4 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 RELATING TO THE APPROX 2.4 ACRES OF WETLANDS. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE PERMIT APPLICATION RELATING TO THE APPROX 2.4 ACRES OF WETLANDS WITHIN 10 DAYS OF SUBMITTAL TO THE COE. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE PERMIT AUTHORIZATION RELATING TO THE APPROX 2.4 ACRES OF WETLANDS, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE.

Defendants (1)

• D.R. HORTON, INC.Named in settlement

Facilities (1)

• TOHO PRESERVE - KINDRED

  2144 HENRY PARTIN ROAD, KISSIMMEE, FL, 34744

  Registry ID: 110067369564

Statutes cited

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

Enforcement conclusions (1)

• D.R. HORTON, INC. (TOHO PRESERVE)entered 2017-08-09

  Primary law: CWA

Timeline (2 milestones)

• 2017-08-09Final Order Issued
• 2017-08-22Enforcement Action Data Entered