EPA v. Whetstone - Canyons at Whetstone

Case summary

This is an Administrative Order on Consent (AOC) pursuant to Sections 402 and 404 of the CWA. The Whetstone Development Company (in association with K.E. & G. Development) is building ýThe Canyons at Whetstone Ranch,ý a residential subdivision. In 2004 EPA required the companies to stop fill and stormwater discharges within affected waters, prepare restoration and monitoring plans, and put in place a system to ensure there will be no further violations. The current AOC now establishes injunctive relief in the form of a 40-acre off-site preserve to be deeded to the City of Benson for open space. The adjacent preservation parcel includes 2.5 acres of desert wash riparian habitat in compensation for direct discharges of fill material into 0.25 acres of the same.

Defendants (2)

• K. E. & G. Development LLCNamed in complaintNamed in settlement
• Whetstone Development CompanyNamed in complaintNamed in settlement

Facilities (1)

• WHETSTONE - CANYON HOMES

  ARIZONA ROUTE 90 - APPROX 3 MILES S OF I-10, BENSON, AZ, 85602

  Registry ID: 110022320193

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Whetstone - Canyons at Whetstone (AOC)entered 2006-02-10

  Primary law: CWA

Timeline (4 milestones)

• 2006-02-10Final Order Issued
• 2006-02-10Enforcement Action Closed
• 2006-02-10Complaint Filed/Proposed Order
• 2006-04-10Enforcement Action Data Entered