EPA v. BRIAN HOMES/MICHAEL LAWSON (CONSENT AGMT)

Case summary

6/26/03 - CONSENT AGREEMENT ISSUED. THE WETLANDS THAT COMPRISE THE DISCHARGE AREA ARE LOCATED ON PROPERTY OWNED BY RESPONDENT. THOSE WETLANDS ARE ADJACENT TO LIMESTONE CREK AND COOPER RUN BRANCH, WHICH ARE TRIBUTARIES OF KNOX CREEK, WHICH FLOWS INTO THE TENNESSEE RIVER. THE DISCHARGE AREA IS LOCATED IN THE SOUTH RIDGE SUBDIVISION II DEVELOPMENT, WHICH LIES ADJACENT TO CAPSHAW ROAD AND NANCE ROAD, AND CAN BE FOUND IN SECTION 21, TOWNSHIP 3 SOUTH, RANGE 2 WEST, NEAR CAPSHAW, IN MADISON COUNTY, AL AND LOCATED NEAR 34 DEGREES 46.260' NORTH LATITUDE AND 86 DEGREES 47.899' WEST LONGITUDE. BASED UPON INFORMATION PROVIDED BY THE U.S. ARMY CORPS OF ENGINEERS (COE), EPA HAS DETERMINED THAT MR. MICHAEL LAWSON AND/OR BRIAN HOMES, INC. (RESPONDENTS) AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 1.93 ACRES OF WETLANDS DURING MECHANIZED LAND CLEARING ACTIVITES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL AND PLACING DREDGED AND/OR FILL MATERIAL WITHOUT A CWA PERMIT AT THE DISCHARGE AREA. AGREEMENT REQUIRES: (1) RESPONDENTS SHALL PRESERVE LOTS 30-34 IN THE SUBDIVISION KNOWN AS SOUTHRIDGE SUBDIVISION II BY PLACING A CONSERVATION EASEMENT ON THESE LOTS WITHIN 30 DAYS; (2) RESPONDENTS SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT FOR THE FILL REMAINING IN PLACE IN THE WETLANDS ASSOCIATED WITH CONSTRUCTION OF THE ROADS AND FOR ALL FUTURE IMPACTS NEEDED TO COMPLETE THIS PROJECT. 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 ADDITIONAL INFORMATION REGARDING JURISDICTIONAL WETLANDS ON THE DISCHARGE AREA OR ANY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION; (3) SHOULD THE COE DENY THE AUTHORIZATION FOR THE FILL REMAINING IN PLACE, RESPONDENTS WILL HAVE 30 DAYS FROM THE 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 PREPROJECT ELEVATIONS; (4) SHOULD THE COE ISSUE A PERMIT OR OTHERWISE AUTHORIZE THE REMAINING FILL, RESPONDENTS SHALL PROVIDE EPA A COPY OF THE COE PERMIT AND ANY ADDITIONAL CONDITIONS AND ATTACHMENTS WITHIN 20 DAYS OF AUTHORIZATION. (5) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, RESPONDENTS AGREE TO MAKE A PAYMENT IN THE AMOUNT OF $50,000 TO THE LAND TRUST OF HUNTSVILLE AND NORTH ALABAMA. THIS PAYMENT WILL BE USED BY THE LAND TRUST OF HUNTSVILLE AND NORTH ALABAMA TO RESTORE AND/OR ENHANCE WETLANDS IN THE MADISON COUNTY AREA AS IN ACCORDANCE WITH THE DOCUMENT KNOWN AS THE GREENPRINT FOR GROWTH IN HUNTSVILLE AND MADISON COUNTY, AL TO PARTIALLY COMPENSATE FOR THE ENVIRONMENTAL DAMAGE THAT OCCURRED AT THE DISCHARGE AREA. (6) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGMT, RESPONDENTS AGREE TO MAKE A PAYMENT IN THE AMOUNT OF $15,000 TO THE LAND TRUST OF HUNTSVILLE AND NORTH ALABAMA . THIS PAYMENT WILL BE USED BY THE LAND TRUST OF HUNTSVILLE AND NORTH ALABAMA TO RESTORE AND/OR ENHANCE WETLANDS IN THE MADISON COUNTY AREA AS IN ACCORDANCE WITH THE DOCUMENT KNOWN AS THE GREENPRINT FOR GROWTH IN HUNTSVILLE AND MADISON COUNTY, AL TO PARTIALLY COMPENSATE FOR THE ENVIRONMENTAL LOSS THAT HAS OCCURRED DUE TO THE FAILURE TO THE WETLAND RESTORATION SITE FROM A PREVIOUS ENFORCEMENT CASE (DOCKET NUMBER CWA-04-00-1005 ISSUED ON APRIL 24, 2000). THE RESTORATION SITE IS KNOWN AS FOXWOOD TRACE SUBDIVISION IN THE RESTORATION PLAN PREPARED BY QORE PROPERTY SCIENCES DATED JUNE 30, 2000..

Defendants (2)

• BRIAN HOMES, INC.Named in settlement
• LAWSON, MICHAELNamed in settlement

Facilities (1)

• WETLANDS (BRIAN HOMES/MICHAEL LAWSON)

  CAPSHAW RD & NANCE RD (S21, T3S, R2W), CAPSHAW, AL, 35742

  Registry ID: 110010702613

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BRIAN HOMES/MICHAEL LAWSON (CONSENT AGMT)entered 2003-07-03

  Primary law: CWA

Timeline (2 milestones)

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