EPA v. TL, LLC (TURNBERRY)

Case summary

20210304 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEGATIONS This AOC pertains to the discharge of dredged and/or fill material into jurisdictional waters of the United States at Respondent?s site located on the west side of Newbolt Road, approximately 0.8 miles south of the intersection of Newbolt Road and Millers Mill Road in Owensboro, Daviess County, Kentucky, at 37.736044? N and longitude - 87.047803? W (Discharge Area) (Exhibits A and B). Commencing on or about August 27, 2015, Respondent, 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 clearing and filling of wetlands for construction of an amenity lake for a residential site. Respondent?s unauthorized dredging and filling activities impacted approximately 1,454 linear feet of an intermittent unnamed tributary of North Fork. The North Fork is a tributary of Panther Creek, which flows to the Green River, a traditional navigable water (TNW). On August 24, 2016, the EPA, the U.S. Army Corps Engineers (Corps) and the Kentucky Division of Water (DOW) performed a Compliance Evaluation Inspection (CEI) to evaluate Respondent?s discharge of dredged/fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 232.

Defendants (1)

• TL, LLCNamed in settlement

Facilities (1)

• TURNBERRY (TL, LLC)

  NEWBOLT ROAD, OWENSBORO, KY, 42301

  Registry ID: 110069554896

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TL, LLC (TURNBERRY)entered 2021-03-04

  Primary law: CWA

Timeline (2 milestones)

• 2021-03-04Final Order Issued
• 2021-04-12Enforcement Action Data Entered