EPA v. POWERS, GARY AND ANGIE

Case summary

On May 10, 2024 Region 3 filed a Consent Agreement and Final Order (CAFO with the Regional Judicial Officer that would resolve a previously filed Administrative Penalty Order against Respondents, Gary and Angie Powers ( landowners ) for unauthorized discharges of fill material to wetlands with a continuous surface connection to Long Glade Ditch, a relatively permanent water connect to Big Ditch Run, a relatively permanent water connected to 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 to obtain compliance with an Administrative Order on Consent under which Respondents would restore the site. After considering the statutory factors, including but not limited to, the nature, extent and circumstances of the violation, Respondents' ability to pay the penalty, and other factors as justice may require, the CAFO would require Respondents to pay a penalty of $300. On September 12, 2023, Region 3 filed an Administrative Penalty Order seeking $150,000 from Respondents, Gary and Angie Powers ( landowners ) for unauthorized discharges of fill material to wetlands abutting and with a continuous surface connection to Long Glade Ditch, a relatively permanent tributary of Big Ditch Run. Big Ditch Run is a relatively permanent tributary 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)

• POWERS, GARY AND ANGIENamed in complaintNamed 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 2024-05-10

  Primary law: CWA

  Federal penalty: $300

Timeline (4 milestones)

• 2023-09-21Enforcement Action Data Entered
• 2024-05-10Complaint Filed/Proposed Order
• 2024-05-10Final Order Issued
• 2025-05-20Enforcement Action Closed