DNREC issues Order to Riverbend developers for violating regulations on wetlands, sediment and stormwater, water pollution

DOVER (Oct. 28, 2011) – Department of Natural Resources and Environmental Control (DNREC) Secretary Collin O’Mara has issued a Cease and Desist Order to Riverbend Community LLC, Fox Chase Realty LLC, Signature Design Homes LLC and Parkway Gravel Inc. – who are or have been involved with construction at the Riverbend at Old New Castle development – for continuing violations of state wetlands regulations and the National Pollutant Discharge Elimination System (NPDES) Stormwater Construction General Permit.

Riverbend at Old New Castle is a new subdivision that is being developed in the City of New Castle, Delaware. Under Delaware’s sediment and stormwater regulations, a sediment and stormwater management plan must be approved by DNREC for any activities that disturb a land area larger than 5,000 square feet, or one-eighth of an acre.

The Cease and Desist Order is being issued due to the Riverbend Community LLC’s declared intention to continue encouraging, allowing and causing land-disturbing activities within the subdivision despite the lack of an approved sediment and stormwater management plan and the lack of a NPDES General Construction Permit, and due to the other parties’ past involvement in such activities. Also, the non-compliance continues at the site, with neither the plan nor NPDES Construction General Permit approved.

Additionally, Delaware’s Wetlands Act and Regulations require a permit for any activity taking place in state-regulated wetlands. The Riverbend developers failed to obtain a permit prior to constructing the entrance roadway for the development, which involved placing fill and structures in state wetlands.

The Order requires that the Riverbend developers immediately cease and desist from all violations cited in the order, including stopping all site work other than those activities needed to bring the site into compliance with state wetlands regulations and sediment and stormwater regulations. The developers also are required to obtain Department approval of a Sediment and Stormwater Management Plan and an NPDES General Permit Notice of Intent for all work associated with the reconstruction of the causeway.

The complete Cease and Desist Order is available online at: http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx .

Vol. 41, No. 421