EPA v. WHATLEY RANCH

Case summary

RESPONDENTS OWN AND CONTROL PROPERTY KNOWN AT THE WHATLEY RANCH. FOLLOWING AN INSPECTION ON 8/4/95, EPA IDENTIFIED SIX LOCATIONS ON THE WHATLEY RANCH WHERE ILLEGAL DISCHARGES OF DREDGED ANDFILL MATERIAL HAD OCCURRED AS A RESULT OF WETLAND, STREAM AND BEAVER POND ALTERATIONS BY THE SUMMIT RANCH LLC, WHICH OWNED THE WHATLEY RANCH AT THAT TIME. SINCE PURCHASING THE WHATLEY RANCH IN SEPT. 1995, RESPONDENTS HAVE IMPLEMENTED VARIOUS REMEDIAL MEASURES AT LOCATIONS IDENTIFIED IN THE 8/10/95 LETTER FROM EPA TO KEVIN SMITH, MANAGER OF THE SUMMIT RANCH. DURING VARIOUS TIMES SINCE IT PURCHASED THE WHATLEY RANCH IN SEPT. 1995, RESPONDENTS OR THEIR AGENTS HAVE ALSO DISCHARGED DREDGED AND FILL MATERIAL IN CREEKS, BEAVER PONDS AND WETLANDS AT VARIOUS LOCATIONS ON THE PROPERTY. RESPONDENTS HAVE NOT BEEN AUTHORIZED BY ANY PERMIT ISSUED UNDER THE CWA, SECTION 104 TO ALLOW THE UNAUTHORIZED DISCHARGES TO REMAIN.

Defendants (2)

• BUD & DOT LLLPNamed in complaintNamed in settlement
• GARY & NANCY CARLSONNamed in complaintNamed in settlement

Facilities (1)

• WHATLEY RANCH

  2 MI N OF TOWN, BRECKENRIDGE, CO, 80424

  Registry ID: 110010673841

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• WHATLEY RANCHentered 1998-09-28

  Primary law: CWA

Timeline (3 milestones)

• 1998-09-28Complaint Filed/Proposed Order
• 1998-09-28Final Order Issued
• 1998-10-09Enforcement Action Data Entered