EPA v. POWERS, GARY AND ANGIE

Case summary

On April 27, 2021, Region 3 filed an Administrative Penalty Order seeking $200,000 from Respondents, Gary and Angie Powers ( landowners ) for unauthorized discharges of fill material to wetlands abutting Long Glade Ditch, a perennial tributary to Big Ditch Run, which are tributaries of the Gauley River, a Traditional Navigable Water. The wetlands are a portion of a larger wetland complex downstream of and bordering a West Virginia Division of Natural Resources public fishing and wildlife management area. The Respondents discharged fill material to approximately 0.51 acres of forested wetlands without first acquiring a Clean Water Act ( CWA ) Section 404 permit from the U.S. Army Corps of Engineers ( USACE ) to create flat, dryland for parking. Region 3 has been working in cooperation with the West Virginia Department of Environmental Protection, the West Virginia Division of Natural Resources, and the U.S. Army Corps of Engineers.

Defendants (1)

• POWER, GARY AND ANGIENamed in complaint

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

Timeline (2 milestones)

• 2021-04-27Complaint Filed/Proposed Order
• 2021-04-29Enforcement Action Data Entered