EPA v. BROWN, NORMAN (Consent Agreement)

Case summary

5/13/03 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO DISCHARGES WHICH OCCURRED DURING MECHANIZED LAND CLEARING ACTIVITIES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL AND PLACING DREDGED AND/OR FILL MATERIAL WITHOUT A CWA PERMIT, INTO APPROX. 0.65 ACRES OF WETLANDS. ORDER REQUIRES: (1) RESPONDENT SHALL REMOVE ALL FILL MATERIAL WHICH IS LOCATED OUTSIDE OF THE AREA PERMITTED BY THE FLORIDA DEPT OF ENVIRONMENTAL PROTECTION AND PLACE THE MATERIAL WITHIN THE FOOTPRINT OF THE AREA PERMITTED BY DEP WITHIN 30 DAYS OF THE DATE OF ISSUANCE OF THIS CONSENT AGREEMENT. (2) RESPONDENT SHALL RESTORE THE AREA WHERE THE FILL MATERIAL HAS BEEN REMOVED TO PRE-PROJECT ELEVATIONS WITHIN 30 DAYS OF THE DATE OF ISSUANCE OF THIS CONSENT AGREEMENT. ALL WETLANDS OUTSIDE OF THE DEP PERMITTED AREA THAT HAS BEEN MECHANICALLY LAND CLEARED AND FILLED SHALL BE REPLANTED WITH GREEN ASH (FRAXINUM PENNSYLVANICA) ON 10 FOOT CENTERS AND HAVE A GUARANTEED SURVIVAL RATIO OF 80% OVER A 5-YEAR PERIOD. (3). RESPONDENT SHALL MONITOR THE RESTORED PORTION OF THE DISCHARGE AREA FOR A PERIOD OF 5 YEARS. RESPONDENT SHALL MONITOR SEMI-ANNUALLY FOR THE FIRST YEAR, AND ANNUALLY FOR THE FOLLOWING 4 YEARS. RESPONDENT SHALL SUBMIT REPORTS SHOWING THE CONDITION OF THE DISCHARGE AREA TO EPA. REPORTS SHOULD INCLUDE DATA ON TREE SURVIVAL, VEGETATION REGROWTH AND HYDROLOGY OF THE SITE. PHOTOGRAPHIC DOCUMENTATION SHOULD BE INCLUDED IN THESE MONITORING REPORTS. (4) RESPONDENT SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT FOR THE FILL REMAINING IN PLACE IN THE AREA AUTHORIZED BY THE DEP PERMIT. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR THE AUTHORIZATION. NOTHING IN THIS AGREEMENT IN ANY WAY BINDS THE COE OR RESTRICTS THE COE'S REGULATORY PROCESS. THE COE HAS FULL DISCRETION TO REQUIRE ADD'L INFO REGARDING JURISDICTIONAL WETLANDS ON THE DISCHARGE AREA OR NAY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION. (5) SHOULD THE COE DENY THE AUTHORIZATION FOR THE FILL REMAINING IN PLACE, RESPONDENT WILL HAVE 30 DAYS FROM TEH DATE OF DENIAL TO PROVIDE EPA WITH A PLAN FOR REMOVAL OF ALL FILL MATERIAL ALONG WITH A NARRATIVE DESCRIBING THE RESTORATION OF ANY IMPACTED JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. TO PRE-PROJECT ELEVATIONS AND PLANTING OF GREEN ASH IN THE SAME MANNER AS EXPLAINED ABOVE. (6) SHOULD THE COE ISSUE A PERMIT OR OTHERWISE AUTHORIZE THE REMAINING FILL, RESPONDENT SHALL PROVIDE EPA A COPY OF THE COE PERMIT AND ANY ADDITIONAL CONDITIONS AND ATTACHMENTS WITHIN 20 DAYS OF AUTHORIZATION

Defendants (1)

• BROWN, NORMANNamed in settlement

Facilities (1)

• WETLANDS

  ADJ. TO ST. JOHNS RIVER - THE END OF EDENFIELD RD., JACKSONVILLE, FL, 32277

  Registry ID: 110014413116

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BROWN, NORMAN (Consent Agreement)entered 2003-05-13

  Primary law: CWA

Timeline (2 milestones)

• 2003-05-13Final Order Issued
• 2003-05-15Enforcement Action Data Entered