EPA v. CURLING, CHARLES

Case summary

Violation referred to EPA from Norfolk District. Landowner cleared and grubbed 7.3 acres of forested wetlands; leveling, plowing, and ditching for a new agricultural field and residential lawn without obtaining a permit. Initially, the Corps of Engineers attempted to resolve the matter through compliance assistance whereby Mr. Curling would allow the area to restore itself by removing any drainage features and allowing natural revegetation to occur in the wetland areas. After several successful follow-up site visits by the Corps to assure the restoration was commencing it was determined that Mr. Curling had plowed, tilled and planted the area with non- wetland vegetation. The matter was referred to EPA and a compliance assistance letter was sent to Mr. Curling seeking adherence to the previous Corps directive to come into compliance with Section 404. Several site visits by EPA and the Corps. determined that compliance assurance through issuance of an Administrative Order was appropriate. Administrative Order to landowner is presently in concurrence with anticipated issuance by March 30, 2017. Tim Witman provided on-site assistance.

Defendants (1)

• CURLING, CHARLESNamed in settlement

Facilities (1)

• CHARLES CURLING

  2421 SHILLELAGH ROAD, CHESAPEAKE, VA, 23323

  Registry ID: 110070083162

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CURLING, CHARLESentered 2018-03-27

  Primary law: CWA

Timeline (3 milestones)

• 2018-03-27Final Order Issued
• 2018-04-03Enforcement Action Data Entered
• 2022-09-01Enforcement Action Closed