EPA v. SPRUCE SHADOWS,INC.,SOUTHCOAST,INC.,& DURETTE CONSRUCTION CO

Case summary

SPRUCE SHADOWS, INC., OWNS, POSSESSES, AND/OR CONTROLS 27 ACRES OF REAL PROPERTY IN KETCHIKAN, ALASKA, AND PLANS TO DEVELOP THE SITE FOR THE SPRUCE SHADOWS GOLF COURSE. IN OR ABOUT NOVEMBER 1996 TO AUGUST 1997 AND JANUARY 1999 TO JULY 1999, AT TIMES MORE FULLY KNOWN TO RESPONDENTS, DURETTE CONSTRUCTION COMPANY, INC., USED CERTAIN HEAVY EARTHMOVING EQUIPMENT, SUCH AS A BACKHOE, EXCAVATOR, AND A DUMP TRUCK, TO PLACE APPROXIMATELY 10,000 CUBIC YARDS OF FILL MATERIAL ONTO APPROXIMATELY 7 ACRES OF WATER OF THE UNITED STATES, INCLUDING WETLANDS, ON THE SITE. ON OR ABOUT JUNE 1 TO JUNE 9, 2000, AT TIMES MORE FULLY KNOWN TO RESPONDENTS, SOUTHCOAST CONSTRUCTION, INC., USED CERTAIN HEAVY EARTHMOVING EQUIPMENT, SUCH AS A BACKHOE, EXCAVATOR, AND A DUMP TRUCK, TO PLACE APPROXIMATELY 9,500 CUBIC YARDS OF FILL MATERIAL ONTO APPROXIMATELY 2 ACRES OF WATERS OF THE U.S. INCLUDING WETLANDS, ON THE SITE. RESPONDENTS' PLACE- MENT OF FILL MATERIAL HAD THE EFFECT OF MODIFYING FLOW AND CIRCULATION PATTERS, AND ELIMINATING WETLAND HABITAT.

Defendants (3)

• DURETTE CONSTRUCTION COMPANY, INC.Named in settlement
• SOUTHCOAST, INC.Named in settlement
• SPRUCE SHADOWS, INC.Named in settlement

Facilities (2)

• SPRUCE SHADOWS GOLF COURSE

  S10&15, T75S, R90E, COPPER RIVER MERIDIAN, KETCHIKAN, AK, 99901

  Registry ID: 110010112500

• SMART, BILL

  GRAVKA ISLAND, KETCHIKAN, AK, 99901

  Registry ID: 110010588159

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SPRUCE SHADOWS, INC., SOUTHCOAST, INC., DURETTE COentered 2001-08-02

  Primary law: CWA

Timeline (3 milestones)

• 2001-07-12Enforcement Action Data Entered
• 2001-08-02Final Order Issued
• 2004-02-11Enforcement Action Closed