EPA v. POWERS, GARY AND ANGIE

Case summary

On March 2, 2021, Region 3 filled an Administrative Order for Compliance on Consent ( Order ) to Gary Powers for Clean Water Act ( CWA Section 404 wetlands violations on property that he owns in Cowen, West Virginia. Beginning in May 2016, the landowner operated equipment that discharged fill material into approximately 0.51 acres of forested wetland without a permit from the U.S. Army Corps of Engineers ( USACE ). EPA conducted a CWA, Section 404 inspection at the property on May 23, 2018. EPA sent an initial Show Cause Letter on December 10, 2018 to open discussions with the landowners to resolve the violation caused by the unpermitted wetland fill. A meeting occurred on June 4, 2019 between EPA, the landowners, legal representation for the landowners, West Virginia Division of Natural Resources ( WVDNR ), USACE, and West Virginia Department of Environmental Protection ( WVDEP ). The landowners have been ordered to restore ecologically important wetlands that are waters of the United States. EPA has continued looked with WVDEP, WVDNR, and USACE on this matter.

Defendants (1)

• POWERS, GARY AND ANGIENamed in settlement

Facilities (1)

• GARY AND ANGIE POWERS

  ALONG ROUTE 20, COWEN, WV, 26206

  Registry ID: 110070248312

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• POWERS, GARY AND ANGIEentered 2021-03-01

  Primary law: CWA

Timeline (3 milestones)

• 2021-03-01Final Order Issued
• 2021-03-10Enforcement Action Data Entered
• 2026-06-11Enforcement Action Closed