EPA v. D.R. HORTON, INC. (KINDRED)

Case summary

2/13/19 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES ADJACENT TO LAKE TOHOPEKALIGA, WITHIN A LARGER PARCEL OF APPROX 1,109 ACRES. THE SITE IS LOCATED SW OF NEPTUNE ROAD (STATE ROAD 525). THE DISCHARGE AREA INCLUDES AREAS S-2, S-3, W-7, AND W-8. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF A MULTI-PHASE RESIDENTIAL DEVELOPMENT. IN AUG 2017, RESPONDENT AND EPA ENTERED INTO AN AOC AND A CONSENT AGREEMENT AND FINAL ORDER PERTAINING TO A PRIOR UNAUTHORIZED ACTIVITY THAT IMPACTED 2.4 ACRES OF FRESHWATER WETLANDS FOR THE CONSTRUCTION OF AN ENTRANCE ROAD IN THE NE PORTION OF THE SITE. THE AOC REQUIRED, AMONG OTHER THINGS, THAT RESPONDENT APPLY FOR PERMIT COVERAGE FOR THE 2.4 ACRES OF DREDGED AND/OR FILL MATERIAL REMAINING IN WATERS OF THE U.S. ON DEC 4, 2017, WHILE CONDUCTING AN INSPECTION ASSOCIATED WITH RESPONDENT'S PERMIT APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AT THE SITE, INCLUDING THE 2.4 ACRES OF DREDGED AND/OR FILL MATERIAL THAT WAS THE SUBJECT OF EPA'S AUG 2017 AOC, THE COE DISCOVERED THAT ADD'L UNAUTHORIZED IMPACTS TO WATERS OF THE U.S. HAD OCCURRED ON THE SITE. ON DEC 8, 2017, THE COE REFERRED THE ENFORCEMENT CASE AGAINST THE RESPONDENT TO EPA. COMMENCING ON OR ABOUT AUG 1, 2017, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES AT THE DISCHARGE AREA USING EARTH MOVING MACHINERY INCLUDING: AN EXCAVATOR, A BULLDOZER, A FRONT-END LOADER, A DUMP TRUCK, A BACKHOE, A TRENCH BOX, A VIBRATORY ROLLER, A FLATBED SEMI-TRUCK, AND A TRANS-LIFT DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A MULTI-PHASE RESIDENTIAL DEVELOPMENT. CURRENTLY, THE UNAUHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S. AGREEMENT ON CONSENT: RESPONDENT SHALL PURCHASE 1.9 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 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES AND SHALL PROVIDE PROOF OF SUCH MITIGATION CREDIT PURCHASE TO EPA WITHIN 180 DAYS. WITHIN 30 DAYS OF EFFECTIVE DATE OF THIS AOC, RESPONDENT SHALL CONFER WITH THE COE AND AUTHORIZATION UNDER RESPONDENT'S PENDING PERMIT APPLICATION OR SUCH OTHER PERMIT AUTHORITY AS THE COE IN ITS SOLE DISCRETION SHALL DEEM APPROPRIATE, TO ALLOW THE APPROX 5.38 ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN TO WATERS OF THE U.S. AT THIS DISCHARGE AREA. IF GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT RELATING TO THE APPROX 5.38 ACRES OF WETLANDS AND TRIBUTARIES. RESPONDENT SHALL PROVIDE TO EPA A COPY OF ITS PERMIT APPLICATION RELATING TO THE APPROX 5.38 ACRES OF WETLANDS AND TRIBUTARIES WITHIN 10 DAYS OF THE SUBMITTAL TO THE COE. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE COE'S PERMIT AUTHORIZATION RELATING TO THE APPROX 5.38 ACRES OF WETLANDS AND TRIBUTARIES, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE.

Defendants (1)

• D.R. HORTONNamed in settlement

Facilities (1)

• WETLANDS - D.R. HORTON - KINDRED

  SW OF NEPTUNE ROAD (STATE ROAD 525) (2122 NEPTUNE), KISSIMMEE, FL, 34744

  Registry ID: 110070254367

Statutes cited

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

Enforcement conclusions (1)

• D.R. HORTON, INC. (KINDRED)entered 2018-12-13

  Primary law: CWA

Timeline (2 milestones)

• 2018-12-13Final Order Issued
• 2019-03-14Enforcement Action Data Entered