EPA v. THE JONES COMPANY OF TENNESSEE, LLC

Case summary

APRIL 15, 2024 - CONSENT DECREE Commencing on or about July 2021, to present, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into wetlands within the Discharge Area using earth moving machinery including, but not limited to, excavators and bulldozers, during unauthorized activities associated with the construction of a residential development. Currently, the unauthorized dredged and/or fill material remains in waters of the United States. Respondent's unauthorized activities in the Discharge Area impacted approximately 1.14 acres of wetlands that have a relatively permanent, continuous surface connection and a significant nexus to an unnamed perennial tributary to Drakes Creek. Drakes Creek is a perennial tributary of the Cumberland River, a traditionally navigable water of the United States. On January 19, 2021, the Respondent submitted an application for a Department of Army standard permit to the U.S. Army Corps of Engineers (COE). On March 25, 2021, the COE completed a jurisdictional determination request for the Site, verifying the need for a permit under Section 404 of the CWA, 33 U.S.C. ? 1344. On June 4, 2021, the COE withdrew the standard permit application due to Respondent's failure to respond to the COE's request for additional information. On February 15, 2022, after the review of aerial imagery, the COE determined that the Respondent had conducted unauthorized fill activities on the Site. On March 9, 2022, the COE issued a Notice of Violation (NOV) to Respondent for the unauthorized discharge of fill material into waters of the United States. In a letter dated March 24, 2022, Respondent acknowledged receipt of the COE's NOV and stated that 1.14 acres of wetlands were filled. On April 21, 2022, the COE referred the case to the EPA for resolution. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $30,000, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• THE JONES COMPANY OF TENNESSEE, LLCNamed in complaintNamed in settlement

Facilities (1)

• RETREAT AT NORMAN FARMS

  ANDERSON RD. & JONES LN., HENDERSONVILLE, TN, 37075

  Registry ID: 110070687311

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• THE JONES COMPANY OF TENNESSEE, LLCentered 2024-04-15

  Primary law: CWA

  Federal penalty: $30,000

Timeline (2 milestones)

• 2024-04-15Final Order Issued
• 2024-07-24Enforcement Action Data Entered