EPA v. MACRAE, NELSON / OLEANDER COMPANY

Case summary

VIOLATORS DITCHED WETLANDS TO DRAIN THEM AND CONVERT WATERS OF THE U.S. TO UPLANDS. THEY DISCHARGED SPOIL MATERIAL INTO WETLANDS, WITHOUT A CWA SECTION 404 PERMIT. THEY ALSO FAILED TO OBTAIN COVERAGE UNDER A CWA NPDES PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY, AS REQUIRED UNDER SECTION 402 OF THE CWA. REFERRAL SEEKS PENALTIES AND RESTORATION OF DESTROYED WETLANDS. CD HAS BEEN NEGOTIATED WHICH PROVIDES FOR PAYMENT OF $15,000 PENALTY, IMPLEMENTATION OF A SUPPLEMENTAL ENVIRONMENTAL PROJECT TO PRESERVE A 40- ACRE WETLAND AREA IN PERPETUITY THROUGH TRANSFER OF A CONSERVATION EASEMENT TO THE NORTH CAROLINA COASTAL LAND TRUST, AND RESTORATION OF DITCHED WETLANDS, AND AGREEMENT TO BE BOUND BY JURISDICTIONAL DELINEATION WHICH REFLECT PRE-DITCHING CONDITIONS. THIS CASE IS PART OF AN ENFORCEMENT INITIATIVE TO ADDRESS WIDESPREAD DITCHING AND DRAINING OF WETLANDS IN THE AFTERMATH OF THE NATIONAL MINING COURT DECISION WHICH HELD THAT INCIDENTAL FALLBACK OCCURRING DURING EXCAVATION IS NOT A REGULATED DISCHARGE UNDER THE CWA. MOST PARTIES WHO SOUGHT TO TAKE ADVANTAGE OF THIS DECISION, INCLUDING THE DEFENDANTS IN THIS CASE, FAILED TO GET NECESSARY STORMWATER NPDES PERMITS FOR THEIR ACTIVITY AND FAILED TO LIMIT THEIR CWA SECTION 404 DISCHARGES TO INCIDENTAL FALLBACK.

Defendants (2)

• MACRAE, NELSONNamed in complaintNamed in settlement
• OLEANDER COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS / OLEANDER CO

  INDEPENDENCE BLVD., S OF ALDERMAN SCHOOL (24 ACRES, WILMINGTON, NC, 28401

  Registry ID: 110013717861

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Macrae, Nelson / Oleander Companyentered 2002-04-02

  Primary law: CWA

  Federal penalty: $15,000 · SEP: $100,000

Timeline (8 milestones)

• 2001-05-31Referred To Headquarters
• 2001-06-28Referred To Dept Of Justice
• 2001-10-05Enforcement Action Data Entered
• 2002-04-02Complaint Filed With Court
• 2002-04-02Concluded
• 2002-04-02Final Order Entered
• 2002-04-02Final Order Lodged
• 2005-07-12Enforcement Action Closed