EPA R8 Enforcement News: Candle Development to pay penalty and restore wetlands at Sioux Falls housing development (SD)
Candle Development to pay penalty and restore wetlands at Sioux Falls housing development
Contact Information: Monica Heimdal, (303) 312-6359; Matthew Allen, (303) 312-6085
Construction company cited for damages to
wetlands along Nine Mile Creek
(Denver, Colo--, August 8th, 2011) U.S.
Environmental Protection Agency today announced that a consent
decree was entered with Sioux Falls-based Candle Development, LLC
(Candle Development) in the United States District Court for the
District of South Dakota on July 22, 2011. Under the agreement,
Candle Development must pay a civil penalty of $100,000 and is
required to perform restoration and mitigation projects to address
unauthorized impacts to wetlands that occurred during development
near Nine Mile Creek in Sioux Falls.
EPA alleges that during the spring of 2003 Candle Development filled more than 5 acres of wetlands and 470 linear feet of wetland drainage areas at the Candlelight Acres Second Addition, which is adjacent to Nine Mile Creek. The unpermitted discharge of dredged or fill material into the Nation’s waterways is a violation of the Clean Water Act. The Army Corps of Engineers was alerted in 2004 based on a citizen’s complaint and subsequently referred the case to EPA.
“The citizen who reported these
incidents should be commended,” said Mike Gaydosh, director
of EPA’s enforcement program in Denver. “EPA will
continue to pursue actions against those who violate federal laws
that protect our Nation’s waters.”
James P. Daniels, the principal of Candle
Development, is also a principal of Daniels Construction, Inc., and
Sunset Development, LLC. This is the third time that EPA has
alleged a company run by Mr. Daniels has committed Clean Water Act
violations.
Previously, Candle Development, LLC, was named
in an EPA consent order issued September 3, 2004, in which EPA
alleged the company filled wetlands without a permit at the
Candlelight Acres First Addition, located adjacent to the
Candlelight Acres Second Addition. The company implemented a
wetlands mitigation plan under that order.
Additionally, Sunset Development, LLC, Daniels
Construction, Inc., and James P. Daniels were named in an EPA order
issued September 28, 2004, in which EPA found they had violated the
Clean Water Act by filling wetlands without a permit at the Sunset
Ridge subdivision near Sioux Falls. Mr. Daniels and the companies
implemented a wetlands mitigation plan under that order and paid a
civil penalty of $60,000.
Sediment from construction activities is a major
water quality issue in the Nation’s waterways. Sediment is
the largest cause of water quality impairment in rivers, and can
have a deleterious effect on aquatic life. Wetlands and creeks are
valuable resources that provide numerous functions and values,
including supporting aquatic and wildlife habitat and recreational
amenities.
A permit from the Corps is required before discharging any dredged
or fill material into Waters of the United States. The impacts of
the discharges of dredged or fill material could have been avoided
if Candle had consulted with the Corps prior to commencing its
activities. Any person planning to do such work in South Dakota
should contact the Corps’ South Dakota Regulatory Office,
28563 Powerhouse Road, Room 118, Pierre, SD, 57501 (telephone:
605-224-8531), before beginning work to determine if a permit is
needed. Information on CWA section 404 permit requirements also may
be found online at: https://www.usace.army.mil/
For more information on the Clean Water Act, visit EPA's compliance
web page: http://www.epa.gov/compliance/civil/cwa/index.html
For more information about the importance of wetlands in flood
control and habitat conservation, visit: https://www.epa.gov/wetlands
Help EPA protect our nation's land, air and water by reporting
violations: https://echo.epa.gov/report-environmental-violations