EPA v. ALLEN, H.T. (CONSENT AGREEMENT)

Case summary

4/14/03 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO CLEAR CREEK LOCATED IN SECTION 9, TOWNSHIP 10N, RANGE 16W, SOUTHWEST OF THE CITY OF MIZE, SMITH COUNTY, MISSISSIPPI. THE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND CLEARING WITH ASSOCIATED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX. 4 ACRES OF JURISDICTIONAL WETLANDS WHILE CONSTRUCTING A DAM AND LAKE. ORDER REQUIRES RESPONDENT TO: (1) CEASE DISCHARGES; (2) WITHIN 30 DAYS, SUBMIT TO EPA A PLAN TO RECONFIGURE THE DAM IN ORDER TO CEASE FLOODING OF NEIGHBORING PROPERTIES AND REDUCE WETLAND IMPACTS. EPA WILL THEN APPROVE OR MODIFY THE SUBMITTED PLAN. UPON FINAL APPROVAL OF THE PLAN BY EPA, RESPONDENT SHALL COMPLETE THE DAM MODIFICATION WITHIN 45 DAYS FROM RECEIPT OF APPROVAL LETTER; (3) WITHIN 10 DAYS OF LAKE AND DAM RECONFIGURATION, RESPONDENT SHALL SUBMIT WRITTEN NOTICE, WITH PHOTOGRAPHIC EVIDENCE, OF THE COMPLETION OF ACTIONS REQUIRED UNDER THIS AGREEMENT; (4) APPLY TO THE COE FOR A NATIONWIDE PERMIT 32 TO AUTHORIZE APPROX 2 ACRES OF FILL REMAINING IN JURISDICTIONAL WETLANDS IN THE DISCHARGE AR

Defendants (1)

• ALLEN, H.T.Named in settlement

Facilities (1)

• WETLANDS (H.T. ALLEN)

  OFF OF CR 61, NEAR CLEAR CREEK, MIZE, MS, 39116

  Registry ID: 110014416088

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ALLEN, H.T. (CONSENT AGREEMENT)entered 2003-04-14

  Primary law: CWA

Timeline (2 milestones)

• 2003-04-14Final Order Issued
• 2003-07-02Enforcement Action Data Entered