EPA v. REYNOLDS, JOE

Case summary

On August 10, 2021, Region 3 filed an Administrative Order for Compliance on Consent ( Order ) to Joe Reynolds for Clean Water Act ( CWA ) Section 404 wetlands violations on property that he owns in Pound, Virginia. In 2017, Mr. Reynolds conducted activity to improve an access road that resulted in the discharge of fill material into approximately 400 linear feet of a perennial unnamed tributary to Stacy Branch without a permit from the U.S. Army Corps of Engineers ( USACE ). The work was conducted in an easement through a neighbor's property which included a long-standing, unimproved access road which runs along the stream and traditionally utilized a low-water ford. The recent unpermitted activities involved relocating a part of the stream by excavating a new ditch to relocate flow, dumping rock into the stream, and placing concrete barriers to direct water away from his property and towards the neighbor's property. EPA issued an Opportunity to Meet and Confer Letter on June 8, 2020 and conducted an inspection on August 13, 2020. Following the inspection, EPA and landowner negotiated the Order to restore the ecologically important stream, which is a water of the United States. EPA has continued work with Virginia Department of Environmental Quality and USACE on this matter.

Defendants (1)

• REYNOLDS, JOENamed in complaintNamed in settlement

Facilities (1)

• JOE REYNOLDS

  11515 STACY BRANCH ROAD, POUND, VA, 24279

  Registry ID: 110070829158

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• REYNOLDS, JOEentered 2021-08-06

  Primary law: CWA

Timeline (3 milestones)

• 2021-08-06Final Order Issued
• 2021-08-11Enforcement Action Data Entered
• 2023-01-19Enforcement Action Closed