Virginia. On March 13, 2017, the United States and the West Virginia Department of Environmental Protection filed an Unopposed Motion for Entry of Consent Decree in the matter of U.S., et al., v. Greer Industries, Inc., et al., Civil Action No. 1:17-cv-00004-IMK. The original action alleged that Defendants discharged dredged and fill material into waters of the United States and waters of the State without a permit issued pursuant to Section 404 of the CWA, and without the necessary authorization under the West Virginia Water Pollution Control Act. The violations occurred at the Pikewood National Golf Club located at 3055 Kingwood Pike, Morgantown, West Virginia. Defendants Greer Industries, Inc., Deckers Creek Limestone Co., and Pikewood, Inc. entered into the $1.8 million settlement to which the state is a co-plaintiff.
Specifically, the unauthorized activities occurred in Laurel Run and its unnamed tributaries, and included: six in-line stream impoundments, realignment and culverting of stream segments, cementing of streams and spillways, and impacts to seeps. These activities began in 2000 and were completed in the summer of 2007. Defendants also deposited dredged and fill material into wetlands, in approximately July 2010. Defendants did not, at any time, apply for a CWA Section 404 permit from the U.S. Army Corps of Engineers (Corps). From the golf course, Laurel Run, a perennial tributary, flows approximately 3.5 miles to Deckers Creek, a traditionally navi