EPA v. CARTER, JOE

Case summary

CASE SUMMARY THE U.S. FISH & WIDLIFE SERVICE REPORTED AN APPARENT SECTION 10/404, RIVERS AND HARBORS ACT OF 1899, SECTION 404, TITLE 33 CFR (1 JULY 1977) VIOLATION ON THE SOUTH FORK FORKED DEER RIVER NEAR BIG EDDY BY LETTERS DATED 19 JULY JULY 1978 AND 2 AUGUST 1978. INSPECTIONS TO INVESTIGATE THE VIOLATIONS WERE CONDUCTED UNACCOMPANIED ON 3 AUGUST 78 AND WITH MR. JOE CARTER, THE LANDOWNER, ON 21 AUGUST 78. THESE INSPECTIONS REVEALED THAT THE ACTIVITY CONDUCTED BY MR CARTER DID CONSTITUTE VIOLATION OF SECTION 10 OF TH RIVER AND HARBOR ACT OF 1899 AND SECTION 404 OF THE CLEAN WATER ACT. THE SPECIFIC VIOLATIONS OF THIS CASE WAS THE PLACEMENT OF DREDGED MATERIALS IN WETLANDS ADJACENT TO A DITCH THAT HAD BEEN EXCAVATED FROM BIG EDDY INTO THE RIVER VIA THE CULVERT. ANOTHER INSPECTION WAS PERFORMED WITH MR. CARTER ON 19 OCTOBER 78 (INCL 6). DURING THE INSPECTION, IT WAS DECICED THAT IT MIGHT PROVE FRUITFUL TO HAVE A DISCUSSION SESSION PRIOR TO OTHER AGENCIES SUBMITTING THIER VIEWS. THIS SESSION WAS HELD ON 2 NOVEMBER 78 (INCL 7). DURING THE SESSION HELD ON 2 NOVEMBER, IT WAS ALSO DECIDED TO MEET AGAIN WITH MR.CARTER TO OBTAIN ALL AVAILABLE INFORMATION ON HTE NATURE AND EXTENT OF WORK THAT HAS OR WILL BE ACCOMPLISHED. CORPS AND U.S. FISH & WILDLIFE SERVICE REPRESENTATIVES MET WITH MR. CARTER ON 24 APRIL 79 TO DISCUSS HIS OVERALL PLANS. MR.CARTER WAS NOT TOO SPECIFIC ABOUT WHAT HE INTENDED TO DO WITH THE AREA TO BE AFFECTED BY HIS WORK IN FUTURE YEARS. AFTER THE MEETING, AN INSPECTION OF AREA 1 RESULTED IN WALKING DOWN THE LEVEE FROM HIGHWAY 54 DOWNSTREAM TO THE CULVERT. THIS INSPECTION REVEALED OTHER APPARENT VIOLATIONS ALONG THE LEVEE BY DEPOSITION OF FILL MATERIAL IN WATERS OF THE U.S. AS A RESULT OF THIS INSPECTION, IT WAS DECIDED A FURTHER CHECK SHOULD BE MADE BY USE OF AERIAL PHOTOGRAPHS AND THEN POSSIBLY ANOTHER CHECK ON THE GROUND. ON 1 JUNE 79, REPRESENTATIVES OF U.S. FISH & WILDLIFE SERVICE AND EPA PASSED THE EAREA AND OBSERVED A BACKHOE PERFORMING REPAIR WORK ON THE LEVEE. THIS WORK WAS REPORTED TO THE CORPS BY U.S. FISH AND WILDLIFE SERVICE BY TELEPHONE CONVERSATIONS ON 1AND 4 JUNE 79. A CEASE AND DESIST ORDER WAS ISSUED TO MR. CARTER ON 7 JUNE 79 DIRECTING HIM TO STOP WORK IN CONNECTION WITH THE RESTORATION OF THE LEVEES. A GROUND INSPECTION WAS CONDUCTED ON 25 JULY 79 BY CORPS REPRESNTATIVES AND MR. CARTER'S GRANDSON. THIS INSPECTION REVEALED SEVERAL VIOLATIONS ALONG HTE LEVEE AND OTHERS IN WATERS OF THE U. S. ADJACENT TO THE RIVER. AS A RESULT OF THIS INSPECTION, ANOTHER CEASE AND DESIST ORDER WAS ISSUED ON 30 JULY 79 DIRECTING MR. CARTER TO CEASE AND DESIST ANY FURTHER WORK THAT MIGHT RESULT IN THE DISCHARGE OF ADDITIONAL MATERIALS UNTIL APPROPRIATE PERMIT HAD BEEN OBTAINED.

Defendants (1)

• EDWARDS, ELIZABETHNamed in complaint

Facilities (1)

• CARTER SITE @ S FK FORKED DEER

  TN HWY 54, OWL CITY, TN, 38012

  Registry ID: 110010712951

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (6 milestones)

• 1979-08-27Referred To Headquarters
• 1980-03-04Referred To Dept Of Justice
• 1980-03-12Referred TO U.S. Attorney
• 1980-03-25Complaint Filed With Court
• 1988-06-23Concluded
• 1988-07-27Enforcement Action Closed