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Barnsley Inn & Gardens

Adairsville, GA: (Jul-16-07) The US Environmental Protection Agency (EPA) filed an environmental damage lawsuit against Barnsley Inn & Gardens, owner of a golf and convention resort near Adairsville, Georgia, alleging that the resort violated Section 404 of the Clean Water Act (CWA). The suit accused Barnsley of allegedly filling more than 5 acres of wetlands adjacent to Dry Creek during construction of a water hazard and golf course, without obtaining a permit required under the CWA. Barnsley's Buffalo Pond was originally characterized as a farm pond, but was constructed to function as a golf water hazard and fishing amenity. The pond did not meet the purpose and scope of the farm pond exemption, and led to EPA's initiation of the enforcement action.

In a settlement reached, Barnsley agreed to pay a civil penalty of $15,000, complete a Supplemental Environmental Project by purchasing and transferring $100,000 in rights to wetland and river front property for perpetual preservation, and pursue an after-the-fact Section 404 permit from the Army Corps of Engineers with appropriate mitigation to authorize remaining impacts. [YOSEMITE EPA: GOLF POND]

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Published on Jul-18-07


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