EPA v. LANDMARK DEVELOPMENT LLC

Case summary

Respondent is not the violator. The violator is J. Clifford Cook, Jr., who discharged fill material into wetlands on the property without a permit. Cook was bared from the property by the landowners shortly after the violation & therefore, did not have access to the site to correct the violation. A penalty-only enforcement action against Cook resulted in settlement (see CWA-10-2004-0002). Respondent is in the process of purchasing the property from the current landowner who has authorized Respondent to restore the site through a licensing agreement. The site must be restored before the Army Corps of Engineers will process a permit application from Respondent to complete the development work at the site. In an administrative order by consent, Respondent has agreed to perform the restoration work in accordance with a restoration plan previously approved by EPA.

Defendants (1)

• Landmark Development LLCNamed in settlement

Facilities (1)

• LANDMARK DEVELOPMENT LLC

  NE 52ND ST BETWEEN NE 131ST AVE & 137TH AVE, VANCOUVER, WA, 98682

  Registry ID: 110024280589

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LANDMARK DEVELOPMENT LLCentered 2005-09-15

  Primary law: CWA

Timeline (2 milestones)

• 2005-09-15Final Order Issued
• 2005-09-20Enforcement Action Data Entered