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Dan Ryan Builders, Inc. to pay $32,920 penalty to W.Va. DEP for multiple project site violations

July 12, 2013|By MATTHEW UMSTEAND | matthewu@herald-mail.com

MARTINSBURG, W.Va. — A developer has agreed to pay a $32,920 penalty to the West Virginia Department of Environmental Protection for multiple violations at project sites in Berkeley and Jefferson Counties, according to a public notice released Friday.

The penalty is part of a proposed settlement of an administrative consent order between the state agency and Dan Ryan Builders, Inc., of Frederick, Md., to resolve violations of the state Water Pollution Control Act, the notice said.

The terms of a final settlement in the case, which involved projects in the area of Charles Town, Kearneysville, Martinsburg and Inwood, W.Va., are subject to public comments through Aug. 15, the notice said.

Tim Cowan of Dan Ryan Builders signed the proposed binding order on Thursday, according to the 20-page document, which is posted on the state agency’s website.

At the Charles Town and Inwood project sites, state inspectors in January found that  the developer started work and disturbed land without authorization pursuant to a state permit, according to the consent order.

At the Kearneysville location, state inspectors in January cited the developer for four violations, including failure to maintain the construction entrance to the project to prevent mud from migrating off the work site and failure to reseed areas where a uniform grass cover of 70 percent had not been achieved.

State inspectors in January also faulted the developer at the Martinsburg site for nine specific violations, including failure to apply seed and mulch to areas where construction activity had ceased for 21 days or more, allowance of active erosion in sediment basins and failure to construct and operate sediment basins in accordance with project plans and specifications, the consent order said.

In addition to the civil penalty, the developer is expected to take measures to comply with the regulations, submit a proposed plan of corrective action and a schedule that specifies how and when Dan Ryan Builders will address the violations and achieve compliance.

The proposed settlement can be viewed on the Internet at http://www.dep.wv.gov/pio/Pages/Settlements,Ordersouttopublicnotice.aspx

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