NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Vol.40, No. 327

For more information contact Laura Herr, Division of Water (wetland information), 302-739-9943, Jamie Rutherford, Division of Watershed Stewardship (sediment and stormwater information), 302-739-9921, or Joanna Wilson, Public Affairs, 302-739-9902.

DNREC issues Penalty and Secretary’s Order to Riverbend Community for violating regulations on wetlands, sediment and stormwater, water pollution

DOVER (Sept. 21, 2010) – Department of Natural Resources and Environmental Control (DNREC) Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment, Cease and Desist and Secretary’s Order to Riverbend Community, LLC, for violations of  its Sediment and Stormwater Plan and National Discharge Elimination System (NPDES) permit and of state wetlands regulations. The Order includes a cash penalty of $50,000 and an additional $7,500 as cost recovery reimbursement to DNREC for expenses associated with its investigation.

Riverbend Community owns property in New Castle where an over-55 community called “Riverbend at Olde New Castle” is under construction.

DNREC conducted numerous site reviews in 2009 and found that Riverbend violated the following: construction in State-regulated wetlands without a permit; lack of stabilization of construction entrances; sediment accumulation and lack of vegetative stabilization in bioswales; inadequate inlet protections; inadequate or absent vegetative stabilization; improper maintenance of silt fences; and lack of the required Certified Construction Reviewer reports.

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 (one-eighth acre). As stated in DNREC’s Notice of Violation issued on Dec. 24, 2008, Riverbend failed to submit a revised Sediment and Stormwater Plan as required by the Regulations and currently remains out of compliance.

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

The penalty assessment and Secretary’s Order can be found at http://www.dnrec.delaware.gov/Admin/Documents/Secretarys%20Order%20No.%202010-DW-DWS-0027.pdf

Riverbend Community, LLC has 30 days to request a public hearing.