EPA v. SPRUCE SHADOWS GOLF COURSE

Case summary

SPRUCE SHADOWS INCORPORATED OWNS APPROXIMATELY 27 ACRES OF REAL PROPERTY IN KETCHIKAN, ALASKA(SITE), WHICH IS BEING DEVELOPED FOR THE SPRUCE SHADOW GOLF COURSE. ON OR ABOUT NOVEMBER 1996, DUTETTE CONSTUCTION COMPANY, INCORPORATED, COMMENCED DISCHARGING OF FILL MATERIAL INTO APPROXIMATEDLY 7 ACRES OF WETLANDS ON THE SITE. WORK WAS COMPLETED ON ABOUT JULY 1999. ON OR ABOUT JUNE 2000, SOUTHCOAST CONSTRUCTION COMPANY DISCHARDED APPROXIMATELY 9,500 YARDS OF FILL MATERIAL AND A GALVANIZED CULVERT INTO APPROXIMATEDLY 2 ACRES OF WETLANDS AND AN UNNAMED DRAINAGE CREEK OF TONGASS NARROWS ON THE SITE. ON AUGUST 6, 2001, EPA ISSUED RESPONDENTS A COMPLAIANCE ORDER TO SEEK INJUNCTIVE RELIEF BY REMOVAL OF CERTAIN UNAUTHORIZED FILL MATERIAL AND REPLACEMENT OF THE CULVERT WITH A LARGER DIAMETER AND SHORTER CULVERT. RESTORATION WOULD INCLUDE REVEGATATION WITH NATVIE PLANT MATERIALS.

Defendants (1)

• SPRUCE SHADOWS GOLF COURSENamed in complaintNamed in settlement

Facilities (1)

• SPRUCE SHADOWS GOLF COURSE

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

  Registry ID: 110010112500

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Spruce Shadows Golf Courseentered 2003-05-30

  Primary law: CWA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2002-05-07Enforcement Action Data Entered
• 2003-05-30Complaint Filed/Proposed Order
• 2003-05-30Final Order Issued
• 2004-02-11Enforcement Action Closed