EPA v. Cowart, J.C. (Blue Lake Properties) (Cease & Desist Order)

Case summary

6/30/03 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO APPROX. 1,500 LINEAR FEET OF AN UNNAMED TRIBUTARY OF BEVEL CREEK, EAST OF LOCH LAUREL ROAD AND SOUTH OF INTERSTATE 75, VALDOSTA, LOWNDES COUNTY, GEORGIA. BASED UPON A SITE INVESTIGATION PERFORMED BY EPA ON MAY 6, 2003, AND ADDITIONAL INFO GATHERED FROM OTHER SOURCES, EPA HAS DETERMINED THAT THE RESPONDENT AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND ADJACENT JURISDICTIONAL WETLANDS DURING EXCAVATION WITH SIDE CAST, MECHANICAL LAND CLEARING AND SITE PREPARATION AT THE DISCHARGE AREA. THE DIRECT DISCHARGES OCCURRED DURING EXCAVATION WITH SIDE CAST, MECHANICAL LAND CLEARING AND SITE PREPARATION. SECONDARY IMPACTS OCCURRED FROM A LACK OF ADEQUATE EROSION CONTROL. ORDER REQUIRES: 1. RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO THE DISCHARGE AREA. 2. WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. 3. WITHIN 30 DAYS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A DELINEATION FOR EPA APPROVAL OF ALL CURRENT AND FORMER (IMPACTED) WATERS OF THE U.S. AT THE DISCHARGE AREA. 4. WITHIN 45 DAYS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A PLAN FOR EPA APPROVAL TO REMOVE UNAUTHORIZED FILL MATERIAL FROM ALL WATERS OF THE U.S. AND RESTORATION OF THOSE WATERS TO THEIR FORMER CONDITIONS.

Defendants (1)

• COWART, J.C.Named in settlement

Facilities (1)

• WETLANDS (BLUE LAKE PROPERTIES)

  EAST OF LOCH LAUREL ROAD, VALDOSTA, GA, 34601

  Registry ID: 110015761647

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Cowart, J.C. (Blue Lake Properties) (C&D Order)entered 2003-06-30

  Primary law: CWA

Timeline (2 milestones)

• 2003-06-30Final Order Issued
• 2003-07-08Enforcement Action Data Entered