Unethical developer D.R. HORTON (NYSE: DRI) wants to destroy Fish Island in St Augustine, Florida and has already presented false and misleading testimony claiming an active bald eagle nest is "abandoned."
Come speak out at August 7, 2018 Planning and Zoning meeting, Alcazar Room, First Floor loggia, St. Augustine City Hall, 75 King Street, St. Augustine Florida.
Last year, D.R. HORTON agreed to a $95,000 fine for intentional wetland pollution in Osceola County, Florida. This company is a monster than acts like a mobster. There is no public benefit in giving D.R. HORTON a Planned Unit Development to destroy Fish Island. The PUD should be DENIED.
Here are links to some nineteen (19) articles about D.R. HORTON (NYSE: DRI), which wants to destroy Fish Island and turn it into a gated community.
D.R. HORTON presented false testimony about "abandoned" bald eagle nest -- that could be several state and federal crimes.
Riverkeeper: Fish Island would change rare land for ‘McMansions’ (SAR)
DONALD R. HORTON, INC. "EXPERT" WITNESS, RYAN CARTER, LIED ABOUT PROTECTED BALD EAGLE NEST ON FISH ISLAND
I FILED SEC SECURITIES FRAUD COMPLAINT AGAINST D.R. HORTON, INC. ON FALSE TESTIMONY ABOUT FISH ISLAND BALD EAGLE NEST
2018 Q3 Earnings Presentation of D.R. Horton (DHI), which wants to destroy Fish Island
Housing monopolist wants to destroy Fish Island -- D.R. HORTON (DHI) 2018 Q3 Earnings conference call transcript (Seeking Alpha)
Why D.R. Horton Stock Popped 11% Today (The Motley Fool, July 26, 2018)
D.R. HORTON PAID $660,000+ iN ENVIRONMENTAL AND SAFETY FINES (Violation Tracker)
D.R. HORTON PAID $95,000 EPA FINE FOR FLORIDA WETLAND POLLUTION
D.R. HORTON Avoids Fine After Bulldozing Fort Worth Trees. (NBCDFW.COM, March 26, 2018)
OSHA fines D.R. Horton, subcontractor $107K for FL safety violations (Construction Dive, August 26, 2016)
D.R. HORTON executive admits they 'went too far' in clearing trees for a project. (Fort Worth, TX Star-Telegram
D.R. HORTON reserves $400 million/year for claims of defective construction -- NEW HOME HEARTBREAK -- When Dream Homes Turn Into Nightmares (ABC News)
D.R. HORTON negligent in Jax condo case, jury awards $9.6 million after epic 38-day trial (By Anne Schindler, First Coast News)
Who is Ryan Carter? D.R. HORTON "expert" witness, testified Fish Island bald eagle nest was "abandoned." That's false.
WHO IS DONALD R. HORTON, INC." TEXAS BILLIONAIRE THREATENS TO DESTROY FISH ISLAND
ENVIRONMENTAL SERVICES INC v. RYAN CARTER (Florida Fifth District Court of Appeals, 2009)
St. Augustine homeowner gets D.R. Horton to pay to fix leaking roof. (News4 JAX)
61 FORSYTH STREET, S.W. ATLANTA, GEORGIA 30303
PUBLIC NOTICE No. CWA-04-2017-5501b
Notice of Proposed Issuance of Consent Agreement and Final Order
U. S. ENVIRONMENTAL PROTECTION AGENCY, REGION 4 WATER PROTECTION DIVISION
The EPA alleges that the Respondent has made unauthorized discharges of dredged and/or fill material into waters of the United States in violation of Section 301 of the Clean Water Act, 33 U.S.C. Section 1311. The Respondent’s unauthorized activity impacted approximately 2.4 acres of herbaceous and freshwater wetlands located near 28.271827° north latitude and 81.356818° west longitude.
Any person wishing to comment on any aspect of the proposed CAFO Docket No. CWA-04-2017- 5501(b) must submit such comments in writing to the Regional Hearing Clerk at U.S. EPA, Atlanta Federal Center, 61 Forsyth Street, S.W., Atlanta, Georgia, 30303. Comments must be submitted within 30 days of the date of this notice. Please include the Public Notice Number and the Docket Number with any submitted comments.
Because this matter involves a CWA § 309(g) proceeding that is proposed to be simultaneously commenced and settled under 40 C.F.R. § 22.13(b), the EPA cannot resolve or settle this CAFO until ten days after the close of the public comment period in accordance with 40 C.F.R. § 22.45 (b) and (c).
FOR FURTHER INFORMATION: Persons wishing to receive a copy of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, 40 C.F.R. Part 22, which apply to this matter, or comment upon the proposed penalty assessment, should contact the Regional Hearing Clerk identified above. Unless otherwise noted, the public record for this action is located in the EPA Regional Office at 61 Forsyth Street, S.W., Atlanta, Georgia, and the file will be open for public inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday.
IN THE MATTER OF: ) )
) FINAL ORDER)) Docket No.: CW A-04-2017-550l(b)
2. The authority to take action under Section 309(g)(l ) of the CW A, 33 U.S.C. §1319(g)(1), is vested in the Administrator ofthe United States Environmental Protection Agency
("the EPA"). The Administrator has delegated this authority to the Regional Administrator, EPARegion 4, who has further delegated this authority to the Director of the Water Protection Division, EP A Region 4 ("the Complainant").
II. Statutory and Regulatory Background
3. Section 309(g)(l) ofthe CWA, 33 U.S.C. § 1319(g)(l), states "[w]henever, on the basis of any information available - the Administrator finds that any person has violated [section301 ofthe CWA, 33 U.S.C. § 1311], ... the Administrator . . . may, after consultation with the State in which the violation occurs, assess a class I civil penalty or a class II civil penalty under [33 U.S.C. § 1319(g)(2)]."
4. Section 301(a) ofthe CWA, 33 U.S.C. § 131 l(a), states "[e]xcept as in compliance with .. . [Section 404 ofthe CWA, 33 U.S.C. § 1314], the discharge ofany [dredgedor fill material] by any person shall be unlawful." Section 404 ofthe CWA, 33 U.S.C. § 1344,authorizes the Secretary of the Army, acting through the Chief of Engineers, U.S. Army Corps of Engineers ("the COE"), to issue permits for the discharge ofdredged or fill material into navigable waters.
5. Section 502(12) ofthe CWA, 33 U.S.C. § 1362(12), defines a "discharge ofpollutants" as "[a]ny addition ofany pollutant to navigable waters from any point source...."
7. Section 502(7) ofthe CWA, 33 U.S.C. § 1362(7), defines "navigable waters" as"[t]he waters ofthe United States, including the territorial seas."
8. Federal regulations under 40 C.F.R. § 232.2 define the term "waters of the UnitedStates" to include "wetlands."
9. Federal regulations under 40 C.F.R. § 232.2 and 33 C.F.R. § 328.3(b) define"wetlands" as "[t]hose areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, aprevalence of vegetation typically adapted for life in saturated soil conditions."
10. The term "Discharge Area" means the jurisdictional waters that have been impacted either through the discharge of dredged and/or fill material as a result of the unauthorized activities that are the subject ofthis enforcement action. More specifically, theDischarge Area is approximately 2.4 acres of herbaceous freshwater wetlands adjacent to Lake Tohopekaliga.
11 . The term "Site" means the parcel or parcels of land on which the Discharge Areais located. The Site is approximately 1600 acres and is located southwest ofNeptune Road (State Road 525), within Section 31, Township 25S, Range 30E, and Sections 25 and 36, Township25S, Range 29E, and Sections 1 and 12, Township 26S, Range 29E and Section 31, Township25S, Range 30E, Osceola County, Florida, near latitude 28.271827° north and longitude81.356818° west (See Exhibits A and B).
III. Allegations12. The Respondent, D.R. Horton, Inc., at all times relevant to this Consent
Agreement and Final Order, was the owner and operator ofthe Site.13. D.R. Horton, Inc., is a person within the definition set forth under the CW A §
502(5), 33 U.S.C. § 1362(5).14. Commencing on or about November 8, 20 13, to the present, the Respondent, or
those acting on behalf of the Respondent, discharged dredged and/or fill material into wetlands at the Site using earth moving machinery during unauthorized activities associated with the clearing and filling of wetlands for a multi-phased residential development.
16. The discharged dredged and/or fill material, including earthen material depositedat the Discharge Area, are "pollutants" as defined under the CWA § 502(6), U.S.C. § 1362(6).
17. The earth moving machines employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are "point sources" as defined under the CWA §502(14), u.s.c. § 1362(14).
18. The Respondent's placement ofthe dredged and/or fill material at the DischargeArea constitutes a "discharge ofpollutants" as defined under the CWA § 502(12), U.S.C. § 1362(12).
19. At no time during the discharge of dredged and/or fill material at the DischargeArea from November 8, 2013, to the present, did the Respondent possess a permit under Section404 ofthe CWA, 33 U.S.C. § 1344, authorizing the activities performed by the Respondent.Each discharge by the Respondent ofpollutants into navigable waters without the required permit issued under Section 404 ofthe CWA, 33 U.S.C. § 1344, is a violation of Section 301(a) ofthe CWA, 33 U.S.C. § 131l(a).
20. Each day the material discharged by the Respondent remains in waters ofthe United States without the required permit under Section 404 ofthe CWA, 33 U.S.C. § 1344,constitutes a day ofviolation ofSection 301 ofthe CWA, 33 U.S.C. § 1311.
IV. Stipulations and Findings
21. The Complainant and the Respondent have conferred for the purpose ofsettlement under 40 C.F.R. Part 22.18 and desire to resolve this matter and settle the allegationsdescribed herein without a formal hearing. Therefore, without gathering any evidence or testimony, making of any argument, or adjudicating any issues oflaw or fact in this matter, and in accordance with 40 C.F.R. Part 22.13(b), this Consent Agreement and Final Order ("CAFO") will simultaneously commence and conclude this matter.
22. For the purposes of this CAPO, the Respondent admits the jurisdictionalallegations set out above and neither admits nor denies the specific factual allegations set out in this Consent Agreement.
23. The Respondent hereby waives its right to contest the allegations set out aboveand its right to appeal the Final Order accompanying this Consent Agreement.
25. By signing this CAFO, the Respondent certifies that the information it hassupplied concerning this matter was at the time of submission, and is, truthful, accurate, andcomplete for each such submission, response and statement. The Respondent realizes that there are significant penalties for submitting false or misleading information, including the possibilityof fines and/or imprisonment for knowing submission of such information.
26. The Complainant reserves the right to assess and collect any and all civil penaltiesfor any violation described in this CAFO to the extent that any information or certificationprovided by the Respondent was materially false or inaccurate at the time such information orcertification was provided to the Complainant.
27. The Complainant and the Respondent agree to settle this matter by their executionof this CAFO. The parties agree that the settlement of this matter is in the public interest andthat this CAFO is consistent with the applicable requirements of the CWA.
28. Under Section 309(g)(2)(B) of the CWA, 33 U.S.C. § l 319(g)(2)(B), and 40C.F.R. § 19, and considering the nature of the violations and other relevant factors, the EPA hasdetermined that NINETY-FIVE THOUSAND DOLLARS ($95,000) is an appropriate civil penalty to settle this action.
29. The Respondent shall submit payment ofthe penalty specified in the precedingparagraph within 30 days of the effective date of this CAFO via a cashier's or certified check,payable to the order of "Treasurer, United States of America." The check shall reference, on its face, the name of the Respondent and the Docket Number of this CAFO.submitted by U.S. Postal Service to:
St. Louis, MO 63 197-9000
30. At the time of payment, the Respondent shall send a separate copy of the check,and a written statement that payment has been made in accordance with this CAFO, to thefollowing persons at the following addresses:
61 Forsyth Street, S.W. Atlanta, Georgia 30303-8960
Mr. Christopher ParkerMarine Regulatory and Wetlands Enforcement SectionU.S. EPA, Region 4Atlanta Federal Center61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
32. Under Section 309(g)(9) ofthe CWA, 33 U.S.C. § 1319(g)(9), failure by the Respondent to pay the penalty assessed by the CAFO in full by its due date may subject theRespondent to a civil action to collect the assessed penalty plus interest (at currently prevailing rates from the effective date of this CAFO), attorney's fees, costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Suchnonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregateamount of such penalty and nonpayment penalty which are unpaid as of the beginning of such quarter. In any such collection action, the validity, amount and appropriateness of the penalty and ofthis CAFO shall not be subject to review.
VI. General Provisions
33. This CAFO shall not relieve the Respondent ofits obligation to comply with allapplicable provisions of federal, state, or local law, nor shall it be construed to be a ruling on, ordetermination of, any issue related to any federal, state, or local permit. Other than as expressedherein, compliance with this CAFO shall not be a defense to any actions subsequentlycommenced under federal laws and regulations administered by the EPA.
34. Nothing in this CAFO shall be construed as prohibiting, altering, or in any waylimiting the ability of the United States to seek any other remedies or sanctions available by virtue ofthe Respondent's violation ofthis CAFO or ofthe statutes and regulations upon whichhis agreement is based, or for the Respondent's violation of any federal or state statute,regulation or permit.
36. Each undersigned representative ofthe parties to this CAFO certifies that he orshe is fully authorized to enter into the terms and conditions of this CAFO and to execute andlegally bind that party to it.
37. This CAPO applies to and is binding upon the Respondent and any officers,directors, employees, agents, successors, and assigns of the Respondent.
38. Any change in the legal status of the Respondent including, but not limited to, anytransfer ofassets ofreal or personal property, shall not alter the Respondent's responsibilitiesunder this CAFO.
39. Each party shall bear its own costs and attorneys fees in connection with the action resolved by this CAFO.
40. In accordance with 40 C.F.R. Part 22.5, the individuals below are authorized to receive service relating to this proceeding.
Atlanta, Georgia 30303
Mr. Ted I. HarbourSenior Vice President and Chief Legal Officer 301 Commerce Street, Suite 500Fort Worth, TX 76102-4178
(8 17) 390-8200
42. Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), and 40 C.F.R. § 22.38(b), Complainant represents that the State of Florida was provided a prior opportunity toconsult with Complainant regarding this matter.
43. This CAFO in no way affects the rights of the Complainant as against any personor entity not a party to this CAFO.
44. Effective upon signature of this CAFO by the Respondent, the Respondent agreesthat the time period commencing on the date of its signature and ending on the date the EPAreceives from the Respondent the payment required by this CAFO shall not be included incomputing the running of any statute of limitations potentially applicable to any action broughtby the EP A related to the matters addressed in this CAPO and that, in any action brought by the EPA related to the matters addressed, the Respondent will not assert, and may not maintain, anydefense or claim based upon principles ofstatute of limitations, waiver, !aches, estoppel, or other defense based on the passage of time during such period. If EP A gives notice to the Respondent that it will not make this CAPO effective, the statute of limitations shall begin to run againcommencing 90 days after the date such notice is sent by the EPA.
VII. Release by Respondent
45. Respondent hereby covenants not to sue and agrees not to assert any claims orcauses of action against the United States, including any department, agency or instrumentalityof the United States, with respect to the resolution by civil penalties of the violations alleged inthis CAFO, including but not limited to, any claim that any of the matters or actions described in this CAFO have resulted in a taking of Respondent's property without compensation. Providedhowever, that nothing in this CAFO limits the ability of the Respondent to bring any available claims, causes of action or defenses with respect to l) compliance with this CAFO, or 2) anyfuture administrative or judicial proceedings, including without limitation issuance of a dredge and/or fill permit relating to any facts, allegations, stipulations or findings alleged in this CAFO.
VIII. Effective Date
46. The effective date ofthis CAFO shall be the date on which the CAPO is filed with the Regional Hearing Clerk.
Ted I. Harbour
Senior Vice President and Chief Legal OfficerD.R. Horton, Inc.
For COMPLAINANT, U.S. ENVIRONMENTAL PROTECTION AGENCY: