# Elkhorn-Green Subdivision (Cutter Homes, Limited)
> **Administrative - Formal** · FY2004 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `109992`
- **Case Number:** 04-2004-4755
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- CUTTER HOMES, LIMITED (settlement)
## Summary

12/22/03 - COMPLIANCE ORDER ISSUED.  CUTTER HOMES OWNS AND/OR OPERATES CONSTRUCTION SITE KNOWN AS ELKHORN-GREEN SUBDIVISION LOCATED AT U.S. 460 AND CRUMBAUGH PIKE, GEORGETOWN, KY WHICH DISCHARGES STORMWATER INTO ELKHORN CREEK.  

ON SEPTEMBER 17, 2003, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT TEH FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULAGED THEREUNDER AT 40 CFR 126.26.

DURING THE CSWEI, INSPECTORS NOTED DISCHARGES OF STORMWATER FROM THE FACILITY INTO WATERS OF THE U.S. 

CUTTER HOMES FAILED TO SUBMIT AN APPLICATION FOR AN INDIVIDUAL PERMIT, APPLY FOR A PERMIT THROUGH A GROUP APPLICATION, OR SEEK PERMIT COVERAGE VIA A NOI TO KDEP FOR ITS FACILITY.

THEREFORE, CUTTER HOMES HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TO OBTAIN COVERAGE UNDER THE KPDES PERMIT FOR STORMWATER DISCHARGES FROM ITS FACILITY.

DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OPERATIONS:

A.  THE BEST MANAGEMENT PRACTICES (BMP) PLAN WAS NOT MAINTAINED ONSITE BUT WAS PRODUCED BY THE ENGINEER DURING THE CSWEI.

B.  THERE WERE NO RECORDS OF INSPECTIONS OF STORMWATER CONTROL MEASURES FOR THE FACILITY PRODUCED DURING THE CSWEI.

C.  SILT FENCING HAD NOT BEEN INSTALLED AS SPECIFIED BY THE BMP PLAN AROUND THE PERIMETER OF THE SITE OR ALONG FOX RUN ROAD.  SILT FENCING HAD NOT BEEN TRENCHED AT LOT NO. 485 AND WAS LEANING; OTHER AREAS

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*