On September 28, 2016, DOJ simultaneously filed a Complaint and lodged a Consent Decree on behalf of Region 1, settling claims against FKT Resort Management LLC, FKT Bayley Family LP, Bayley?s Campground Inc., Bayley Hill Deer & Trout Farm Inc., Fred W. Bayley, Kathleen M. Bayley, Tom R. Bayley for violations of Section 404 of the CWA at two sites in southern Maine. The violations occurred between 1980 and the mid-2010s and arise from activities undertaken by Defendants to expand their resort businesses, which provide sport hunting, camping, and other recreational activities to vacationers. The settlement provides for a civil penalty of $227,500, and requires over $3 million dollars of injunctive relief - including restoration/mitigation of approximately 64.5 wetland acres, construction of two professionally engineered berms designed to restore site hydrology, and the establishment of enforceable conservation easements to permanently protect all acreage subject to the Consent Decree and associated upland, open water, and riparian habitat. The Consent Decree will be subject to a 30 day public comment period before entry.
11/30/18 DOJ/EPA and the Bayley Defendants filed a Joint Motion on Nov. 29, 2018, asking the district court to enter an Addendum modifying the Consent Decree. The current Consent Decree requires the Bayleys to construct two berms in a 10-acre pond to replace filled wetlands and restore site hydrology as part of a larger settlement of CWA 404 violation