EPA v. MARCIANO DURAN, JOSETTE DURAN, AND DURAN CONSTRUCTION COMPANY INC

Case summary

EPA has reached agreement with Maricano Duran and Josette Duran, owners of Duran Construction Company, to resolve violations of the federal Clean Water Act. The violation occurred at the Vista del Sol Subdivision in Juneau, Alaska, and involved placement of fill material in 3.2 acres of wetlands adjacent to Gastineau Channel, which is a navigable water of the United States, without a U.S. Army Corps of Engineers permit. An Administrative Order on Consent was issued to Marciano Duran, Josette Duran, and Duran Construction Company (Respondents), requiring compensatory mitigation for 1.05 acres of wetland impacts. On April 11, 2005, EPA issued to Respondents a Compliance Order (CO) requiring the removal of all unauthorized fill material in wetlands and to restore the site. A Wetlands Fill Removal and Wetlands Restoration Work Plan for EPA review and approval was required within 30-days of receipt of the CO. Since that time, Respondents have completed certain off-site restoration work at the Nancy Street Pond/Duck Creek to compensate for approximately 2.15 acres. Based on the agreement reached between EPA and Respondents, the AOC will replace the previously issued CO. Respondents have previously been issued a Compliance Order by EPA for a similar type violation, which has resolved.

Defendants (3)

• Marciano DuranNamed in settlement
• Josette DuranNamed in settlement
• Duran Construction Company Inc (SB)Named in settlement

Facilities (1)

• DURAN CONSTRUCTION COMPANY LLC - VISTA DEL SOL SUBDIVISION

  7502 OLD GLACIER HWY, JUNEAU, AK, 99803

  Registry ID: 110024278958

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MARCIANO DURAN, JOSETTE DURAN, AND DURAN CONSTRUCTION COMPANY INC - ADMINISTRATIVE ORDER ON CONSENTentered 2011-09-29

  Primary law: CWA

Timeline (3 milestones)

• 2011-07-25Enforcement Action Data Entered
• 2011-09-29Final Order Issued
• 2012-04-17Enforcement Action Closed