EPA v. SPRUNT, LAURENCE (Consent Agmt)

Case summary

6/12/03 - CONSENT AGREEMENT ISSUED. ORDER REQUIRES: 1. RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADD'L DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL, EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE U.S. ARMY COE; 2. RESPONDENT SHALL BEGIN IMPLEMENTATION OF THE RESTORATION PLAN AMENDMENT WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGMT; 3. RESPONDENT SHALL COMPLETE INSTALLATION OF THE TEMPORARY EARTHEN DAM BY AUGUST 31, 2003. BY SEPTEMBER 30, 2003, RESPONDENT SHALL SUBMIT WRITTEN CERTIFICATION TO EPA STATING THAT THE INSTALLATION WAS ACHIEVED IN ACCORDANCE WITH EXHIBIT A; 4. BY JULY 31, 2004, RESPONDENT SHALL SUBMIT A WRITTEN REPORT TO EPA WHICH DOCUMENTS THE PROGRESS OF STREAM BANK STABILIZATION AND REVEGETATION. IF EPA DETERMINES FROM THE 2004 REPORT, AND/OR FROM SITE VISITS THAT THE DISCHARGE AREA SITE HAS BEEN RESTORED, EPA WILL REQUIRE THAT THE DAM STRUCTURE BE REMOVED. SUCH DETERMINATION WILL BE MADE IN WRITING TO RESPONDENT. WITHIN 30 DAYS OF SUCH DETERMINATION, RESPONDENT MUCH SUBMIT TO THE WILMINGTON DISTRICT COE A PERMIT APPLICATION TO REMOVE THE TEMPORARY EARTHEN DAM. COPY OF THE PERMIT APPLICATION TO EPA.. RESPONDENT SHALL REMOVE THE TEMPORARY DAM WITHIN 30 DAYS OF RECEIVING A PERMIT FROM COE; 5. IF THE TEMPORARY DAM REMAINS IN PLACE, BY JULY 31, 2005, RESPONDENT SHALL SUBMIT A WRITTEN REPORT TO EPA WHICH DOCUMENTS THE PROGRESS OF STREAM BANK STABILIZATION AND REVEGETATION. IF EPA DETERMINES FROM TEH 2005 REPORT, AND/OR FROM SITE VISITS, THAT THE DISCHARGE AREA SITE HAS BEEN RESTORED, EPA WILL REQUIRE THAT THE DAM STRUCTURE BE REMOVED. SUCH DETERMINATION WILL BE MADE IN WRITING TO RESPONDENT. WITHIN 30 DAYS OF SUCH DETERMINATION, RESPONDENT MUST SUBMIT TO THE WILMINGTON DISTRICT COE A PERMIT APPLICATION TO REMOVE THE TEMPORARY EARTHEN DAM. COPY OF PERMIT APPLICATION TO EPA. RESPONDENT SHALL REMOVE THE TEMPORARY DAM WITHIN 30 DAYS OF RECEIVING A PERMIT FROM COE; 6. IF THE TEMPORARY DAM REMAINS IN PLACE, BY JULY 31, 2006, RESPONDENT SHALL SUBMIT A WRITTEN REPORT TO EPA WHICH DOCUMENTS THE PROGRESS OF STREAM BANK STABILIZATION AND REVEGETATION. IF BY JULY 31, 2006, THE DAM STRUCTURE HAS NOT YET BEEN REQUIRED TO BE REMOVED BY EPA, THEN RESPONDENT SHALL REMOVE THE DAM STRUCTURE BY SUBMITTING TO THE WILMINGTON DISTRICT COE, BY JULY 31, 2006, A PERMIT APPLICATION TO REMOVE THE TEMPORARY EARTHEN DAM. A COPY OF THE PERMIT APPLICATION TO EPA. RESPONDENT SHALL REMOVE THE TEMPORARY DAM WITHIN 30 DAYS OF RECEIVING A PERMIT FROM COE. 7. WITHIN 30 DAYS AFTER THE DAM HAS BEEN REMOVED, RESPONDENT SHALL SUBMIT A CERTIFICAITON TO EPA STATING WHEN AND HOW THE DAM WAS REMOVED...

Defendants (1)

• SPRUNT, LAURENCENamed in settlement

Facilities (1)

• WETLANDS (SPRUNT, LAURENCE)

  OFF NC HWY. 87, WILMINGTON, NC, 28461

  Registry ID: 110013700726

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SPRUNT, LAURENCE (CONSENT AGMT)entered 2003-06-12

  Primary law: CWA

Timeline (2 milestones)

• 2003-06-12Final Order Issued
• 2003-07-16Enforcement Action Data Entered