Barnsley Gardens fined by EPA for filling wetlands

Barnsley Gardens, a course located in Adairsville, Georgia, was fined by the EPA for filling 5 acres of wetlands during the courses construction. The course opened in 1999. (That means these violations occurred almost 10 years ago?)

The enforcement action was a result of an inappropriate claim under the CWA’s farm pond exemption. A farm pond is excluded from Section 404 permitting requirements when the pond has an agricultural purpose, is sized according to its stated need, and does not adversely affect downstream or upstream waters. 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.

Under the terms of the settlement, Barnsley will conduct onsite restoration work to return the natural flow of Dry Creek, a Georgia designated secondary trout stream. Barnsley also will 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.

The course can be toured via a picture montage here. I’m not sure which hole(s) featured the “agriculture pond”. (Hey - I’m sure deer drank out of it.) Here is another benefit.

Twenty-eight acres of Drummond Swamp, a wetland that is part of the Etowah system, will also be preserved. Drummond Swamp is one of only three places in the country where a very rare plant, the seaside alder or Alnus maritima (Marsh.), is found.

Hmmm… a seaside alder in the north Georgia mountains? The seaside alder is also found in Oklahoma. Go figure.

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About the Author

Taylor Anderson

Taylor Anderson is a registered professional engineer in the state of Georgia. He provides consulting services with a firm in the Atlanta suburbs to individuals and companies working on land development in the state of Georgia.

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