Notice of Intent to Sue for Alleged Violations at Ridgley’s Reserve

On August 8, Gunpowder Riverkeeper sent D.R. HORTON, the largest homebuilder in the U.S., and Forestar Group Inc., Forester (USA) Real Estate Group Inc., and Kinsley Construction, LLC, a letter notifying these developers of Gunpowder Riverkeeper’s intent to sue under the Clean Water Act to enforce ongoing and continuous alleged violations of the Act coming from their construction site in Joppa Maryland known as Ridgely’s Reserve. Gunpowder Riverkeeper is represented by Patrick DeArmey from the Chesapeake Legal Alliance. This notice letter is required to be sent 60 days prior to filing a complaint in federal court.

Gunpowder Riverkeeper seeks to prevent further degradation to Foster’s Branch, the Gunpowder River, and the Chesapeake Bay and to ensure that these Bay tributaries are protected. The Maryland Department of Environment and Harford County have documented at least 86 failed inspections, issued 10 Stop Work Orders, and levied $20,000 in fines. However, the permit violations and excessive sediment pollution leaving the site has not stopped. Notably, the sediment coming from the site coincides with a localized die-off of submerged aquatic vegetation in the tidal Gunpowder River at a time when other Bay grass beds are rebounding in size.

Gunpowder Riverkeeper’s notice alleges hundreds of violations—including repeated failures to maintain erosion and sediment controls (like silt fences and stormwater basins) and repeated failures to prevent sediment from leaving the Site and entering waterways of the State. In addition, MDE and Harford County inspection reports provide water quality data demonstrating continued degradation to downstream waterways; waterways which have been and continue to be impacted by the sediment pollution leaving the Site.

“The Gunpowder River is used by boaters, swimmers, and is also a great area for fishing and crabbing along the Chesapeake Bay and deserves to be fully protected for fishing, swimming, recreation, and wildlife habitat,” said Theaux Le Gardeur, the Gunpowder Riverkeeper. “It is unacceptable, both to the public good and for the environment, for the Developers to continue to violate permit conditions put in place to protect natural resources, water quality, downstream communities and the 26 species of finfish that spawn in and use the Gunpowder River as nursery ground.”

Patrick DeArmey, attorney for Gunpowder Riverkeeper, stated “[t]his is one of the most egregious examples of uncontrolled construction stormwater runoff in Maryland. The flows of turbid runoff are so large you can see it from space. Erosion and stormwater runoff from this Site has caused significant and unacceptable impacts to the ecology of the Gunpowder River. We cannot allow private actors to undo with their illegal pollution what the public has spent billions on for the sake of protecting the Bay and its tributaries.”