EPA v. Vistas Subdivision - Whitson Engineering

Case summary

This action is an Administrative Order combined with a CWA 308(a) Request for Information to Whitson Engineering, Inc. regarding umpermitted discharges of fill material associated with the Vistas Subdivision in Redding (Shasta County), CA. In 2002 and 2003, Whitson Engineering was retained by Terra Nova Development (owners) to produce plans for site development of the Vistas project on steep slopes above Sulphur Creek in Redding. Whitson Engineering therefore directed the grading of the site, which resulted in the filling of approx 1acre of riparian wetland and approx 2 miles of intermittent tributaries 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 utilized mechanical pumps to accelerate these direct discharges in order to dewater the construction area. This AO requires respondents to stabilize the site, by employing an erosion control specialist, in anticipation of the 2004 wet season. Some evidence suggests Ed Whitson, Whitson Engineering's principle, may be a knowing violator, and this AO also requires that his company, as a well-established development contractor in the area, provide documentation of any previous experience with the CWA 404 program. 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)

• Whitson Engineering Inc. (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 - Whitson Engineering (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