EPA v. Vistas Subdivision - Terra Nova

Case summary

This action is an Administrative Order combined with a CWA 308(a) Request for Information to Terra Nova Development, LLC (owners) regarding umpermitted discharges of fill material associated with the Vistas Subdivision in Redding (Shasta County), CA. In 2003, Terra Nova undertook to develop a ridgeline development site known as The Vistas on steep slopes above Sulphur Creek in Redding. In the process of grading the site, approx 1acre of riparian wetland and approx 2 miles of intermittent tributaries were filled without a CWA 404 permit. Additionally, the work began immediately prior to winter storm events, and prior to the installation of adequate erosion control measures, which resulted in the sischarge of significant amounts of sediment from the site directly into Sulphur Creek. At one point, N&T Digmore, the earth-moving contractor, utilized mechanical pumps to accelerate these direct discharges in order to dewater the construction area. The State Regional Water Quality Control Board has issued an Administrative Civil Liability fine to Terra Nova of $85,000 for stormwater general permit violations. This AO requires respondents to stabilize the site, by employing an erosion control specialist, in anticipation of the 2004 wet season. Also, Terra Nova must produce a plan and schedule for any further work as well as proposed mitigation. Ultimately, we anticipate negotiating an AOC with Terra Nova, N&T Digmore, and Whitson Engineering for injunctive relief, including restoration work on site and in the watershed, and potentially an industry-educational SEP.

Defendants (1)

• Terra Nova Development (SB)Named in complaintNamed in settlement

Facilities (1)

• VISTAS SUBDIVISON

  QUARTZ HILL ROAD, REDDING, CA, 96001

  Registry ID: 110018916976

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Vistas Subdivision AO - Terra Nova (Compliance Order)entered 2004-09-01

  Primary law: CWA

Timeline (4 milestones)

• 2004-09-01Enforcement Action Closed
• 2004-09-01Complaint Filed/Proposed Order
• 2004-09-01Final Order Issued
• 2004-09-11Enforcement Action Data Entered