# D.R. HORTON, INC. (KINDRED)
> **Administrative - Formal** · FY2019 · — · Final Order With Penalty
## Case
- **Activity ID:** `3601782797`
- **Case Number:** 04-2019-5500
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- D.R HORTON - KINDRED (complaint) (settlement)
## Summary

2/26/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $267,000, WITHIN 30 DAYS.

ALLEGATIONS:

COMMENCING ON OR ABOUT AUG 1, 2017, TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES AT THE DISCHARGE AREA USING EARTH MOVING MACHINERY INCLUDING:  AN EXCAVATOR, A BULLDOZER, A FRONT-END LOADER, A DUMP TRUCK, A BACKHOE, A TRENCH BOX, A VIBRATORY ROLLER, A FLATBED SEMI-TRUCK, AND A TRANS-LIFT DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF MULTI-PHASE RESIDENTIAL DEVELOPMENT.   CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.

RESPONDENT IMPACTED APPROX 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S.

AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM AUG 1, 2017, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS W/OUT THE REQUIRED PERMIT ISSUED UNDER CWA 404 IS A VIOLATION OF SECTION 301(a) OF THE CWA.

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