Attorney General Schwalb Secures $200,000 from Developer for Illegally Draining Wetlands and Polluting DC Waters

Attorney General Brian L. Schwalb today announced that the Residences at Kenilworth Park, LLC (RKP), the developer and owner of an assisted living apartment complex in Ward 7, will pay $200,000 and permanently protect remaining wetlands on its property to resolve allegations that it violated multiple District environmental laws during construction, including illegally draining neighboring wetlands and discharging pollutants into DC waters.

"We will not allow developers to flout District laws and regulations designed to protect our natural resources, nor will we permit them to roll back the hard-won progress we have made toward a clean, safe, and swimmable Anacostia River," said Attorney General Schwalb. "This settlement holds RKP accountable for repeated environmental violations during construction and for failing to abide by the commitments it made to conserve and improve the environment."

"Anacostia Riverkeeper welcomes this settlement against a developer who illegally drained and damaged some of the precious few wetlands left in the District," said Trey Sherard, Anacostia Riverkeeper. "To make it worse, they then passed polluted water into the Anacostia River via the storm sewers without treating it or notifying DOEE. That they did so such a short distance from the Kenilworth Aquatic Gardens should shine an even brighter light for the public on the continued attacks on our waterways when irresponsible developers flout the law."

RKP is the developer and owner of an assisted living complex located at 1650 Kenilworth Avenue NE. RKP is a wholly owned subsidiary of DC-based development firm Gragg Cardona Souadi. The complex is located in Ward 7 on a parcel of land that includes protected wetlands near the banks of the Anacostia River. Prior to construction, RKP submitted an application to the District of Columbia Zoning Commission repeatedly emphasizing its commitment to protecting and restoring the natural features of the property, working closely with the Department of Energy and Environment (DOEE), and conserving natural resources, including wetlands on and near the site.

Wetlands act like natural filters for rivers, and help purify the water and remove sediment and pollutants. They play a critical role in flood control and groundwater replenishment, and also provide habitat for wildlife. As part of the long-term effort to clean up the Anacostia River, the District has made significant investments in wetland restoration, regeneration, and protection.

Despite RKP's assurances and repeated attempts by DOEE to ensure compliance, the Office of the Attorney General (OAG) and DOEE found evidence that RKP repeatedly violated multiple DC environmental laws during construction, including DC's Water Pollution Control Act and Well Construction, Maintenance, and Abandonment Standards. Between December 2020 and August 2022, OAG alleges that RKP violated DC law by:

• Illegally installing more than 200 groundwater extraction wells. Before beginning construction, RKP consulted with DOEE about water management at its construction site and was informed that it must apply for permits before any wells could be installed to remove water from construction pits or excavation areas. At the time, RKP informed DOEE that it would not install groundwater extraction wells but would use non-intrusive mobile pumps to remove water. However, in January 2021, RKP installed 218 groundwater extraction wellpoints without obtaining permits. The company operated these wells until at least March 1, 2021, and extracted an estimated 3 million gallons of groundwater per day while they were operational.
  
• Illegally draining adjacent protected wetland. The rate of groundwater withdrawal from RKP's illegal wells was so severe that it lowered the water table and dried out more than two acres of sensitive and protected wetland adjacent to the site.
  
• Repeatedly discharging pollutants into DC waters. RKP applied for and received a permit allowing it to discharge extracted groundwater into municipal storm sewers. To protect local water quality, these permits set limits on certain pollutants, require the submission of daily monitoring reports, and require notification and corrective action if pollutant levels are exceeded. The District alleges that on at least 50 separate occasions, RKP exceeded pollutant limits, failed to notify the District of nearly every occurrence, and failed to take corrective action, despite repeated requests from DOEE.
  
• Violating the terms of a Wetlands Mitigation Plan. Before beginning construction, RKP submitted a plan to DOEE committing to restore and enhance wetlands impacted by construction. However, RKP damaged additional wetlands during construction and failed to live up to the terms of original agreement-only partially restoring the wetland as promised, failing to remove a pile of debris, and failing to record a conservation easement protecting remaining wetlands at the site.

Under the terms of a settlement agreement, RKP will:

• Pay $200,000 to the District.
  
• Permanently protect remaining wetlands on the property. RKP will record a conservation easement-an agreement that "runs with the land" and is applicable to all current and future owners-that will permanently protect the remaining wetlands on the property.

A copy of the settlement is available here.

This matter was handled by Senior Assistant Attorney General David Hoffmann, Special Assistant Attorney General Lauren Cullum, and Housing and Environmental Justice Chief Joanna Wasik.

• facebook
• email
• print
• X