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An Asheville couple has filed a lawsuit against a developer over alleged violations of federal clean-water rules, saying the builders caused muddy water to flow into their Beaverdam-area property.
Glenn and Katherine Metheny, of Spooks Branch Road, filed a lawsuit on March 25 in U.S. District Court against Prime Carolina LLC and Dan Grammatico Signature Homes LLC.
The Methenys say that beginning in 2006, the developers’ 17-lot Grove Park Cove subdivision caused flooding on their property.
The suit seeks payment for damages to the property as well as civil penalties of $32,500 per violation per day under the U.S. Clean Water Act. The suit also seeks to force the developers to clean up damaged streams.
Developer Dan Grammatico said much of the mud flow results from disturbances above his subdivision and that his project actually has improved the situation.
Judge Lacy Thornburg will hear the case, though a date has not yet been set for the proceedings.
Skip Metheny had reported problems with runoff at the site to Asheville’s stormwater engineer, who cited the developers for city erosion-control violations.
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