EPA v. BUTLER, HARRY, JR. (CONSENT AGREEMENT)

Case summary

7/3/03 - CONSENT AGREEMENT ISSUED. AGREEMENT PERTAINS TO THE DISCHARGE AREA WHICH IS ADJACENT TO WINYAH BAY OFF STATE ROAD 22-18, ON DOVER PLANTATION IN GEORGETOWN COUNTY, SC, NEAR 33 DEGREES 17.45' NORTH LATITUDE AND 79 DEGREES 17.47' WEST LONGITUDE. THE DISCHARGES OCCURRED DURING MECHANIZED LAND CLEARING AND FILLING OF TIDAL WETLANDS. DURING A FEBRUARY 27, 2002 SITE INVESTIGATION, EPA DISCOVERED THAT APPROX 6 ACRES OF WETLANDS IN AN EXISTING IMPOUNDMENT HAD BEEN MECHANICALLY LAND CLEARED AND EXCAVATED TO CREATE A FISHING IMPOUNDMENT. SUBSEQUENTLY, APPROX 1.8 ACRES OF FILL MATERIAL WERE DISCHARGED INTO THE IMPOUNDMENT TO CREATE FAST LAND. ORDER REQUIRES: (1) RESPONDENT SHALL IMPLEMENT THE DOVER PLANTATION RESTORATION AND MITIGATION PLAN, DATED NOVEMBER 21, 2002, WITHIN 30 DAYS OF ISSUANCE TO THIS AGREEMENT. RESTORATION OF THE DISCHARGE AREA SHALL BE COMPLETED WITHIN 180 DAYS OF ISSUANCE OF THIS AGREEMENT. RESPONDENT SHALL PROVIDE A COPY OF THE DECLARATION OF RESTRICTIVE COVENANTS FOR ALL APPLICABLE PROPERTY PERTINENT TO THIS AGREEMENT WITHIN 60 DAYS OF ISSUANCE OF THIS AGREEMENT. EPA WILL REVIEW SUCH RESTRICTIVE COVENANTS WITHIN 30 DAYS OF RECEIPT. SUCH RESTRICTIVE COVENANTS DO NOT SATISFY THE REQUIREMENTS OF THIS ORDER UNTIL EPA DEEMS THEM SATISFACTORY AND PROVIDES NOTICE OF THE SAME TO RESPONDENT. (2) RESPONDENT SHALL PURCHASE 14 MITIGATION CREDITS FROM THE VANDROSS BAY MITIGATION BANK WITHIN 45 DAYS OF ISSUANCE OF THIS AGREEMENT. RESPONDENT SHALL PROVIDE EVIDENCE OF PURCHASING THE VANDROSS BAY MITIGATION CREDITS TO EPA WITHIN 10 DAYS OF SECURING MITIGATION CREDITS...

Defendants (1)

• BUTLER, HARRY, JR.Named in settlement

Facilities (1)

• WETLANDS (HARRY BUTLER, JR.)

  OFF STATE ROAD 22-18 ON DOVER PLANTATION, GEORGETOWN, SC, 29440

  Registry ID: 110015770101

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BUTLER, HARRY, JR. (CONSENT AGMT)entered 2003-07-03

  Primary law: CWA

Timeline (2 milestones)

• 2003-07-03Final Order Issued
• 2003-09-13Enforcement Action Data Entered