EPA v. HARRIS, EARL

Case summary

4/2/04 - CONSENT AGREEMENT ISSUED. THIS AGREEMEN TPERTAINS TO WATERS OF THE U.S. LOCATED ON A 33-ACRE PARCEL CONTAINING APPROX 10 ACRES OF WETLANDS THAT ARE ADJACENT TO STINSON CREEK, WEST OF U.S. HWY 45 AND NORTHEAST OF AIRBASE ROAD, NORTH OF THE CITY OF COLUMBUS, IN LOWNDES COUNTY, MISSISSIPPI. THE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND CLEARING WITH ASSOCIATED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 13 ACRES OF JURISDICTIONAL WETLANDS. NO CWA SECTION 404 PERMIT AUTHORIZING THE DISCHARGES HAS BEEN ISSUED BY THE CORP OF ENGINEERS. THEREFORE, THESE DISCHARGES HAVE BEEN MADE IN VIOLATION OF SECTION 301(a) OF THE CWA. ORDER REQUIRES: RESPONDENT SHALL IMPLEMENT THE WETLANDS RESTORATION PLAN (ATTACHED TO THIS AGREEMENT) DATED JUNE 4, 2003, AS SOON AS WEATHER CONDITIONS ALLOW ACCESS TO IMPLEMENT THE PLAN. HOWEVER, THE RESTORATION WORK SHALL BE COMPLETED BY JUNE 1, 2004. RESPONDENT SHALL PROVIDE A NARRATIVE AND PHOTOGRAPHIC DOCUMENTATION OF THE RESTORATION WORK WITHIN 15 DAYS OF COMPLETION TO EPA. ANNUAL VEGETATIVE MONITORING REPORTS SHALL BE SUBMITTED TO EPA BY THE END OF NOVEMBER IN EACH CALENDAR YEAR FOLLOWING FORESTED WETLAND REESTABLISHMENT FOR A 3-YEAR PERIOD.

Defendants (1)

• HARRIS, EARLNamed in settlement

Facilities (1)

• WETLANDS (MR. EARL HARRIS)

  W OF US HWY 45;NE OF AIRBASE RD; ADJ TO STINSON CR, COLUMBUS, MS, 39701

  Registry ID: 110017722240

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HARRIS, EARL (CONSENT AGMT)entered 2004-04-02

  Primary law: CWA

Timeline (2 milestones)

• 2004-04-02Final Order Issued
• 2004-04-06Enforcement Action Data Entered