EPA v. Gann, Howard (Restoration Order)

Case summary

8/29/03 - COMPLIANCE ORDER ISSUED. DISCHARGE AREA: WETLANDS LOCATED ADJACENT TO COTTON BAYOU AND BAYOU ST. JOHN AND CONTIGUOUS TO THE GULF OF MEXICO, LOCATED OFF OF CANAL ROAD/STATE ROAD 180, IN ORANGE BEACH, BALDWIN COUNTY, AL, AND NEAR 30 DEGREES 17.541' NORTH LATITUDE AND 87 DEGREES 34.053' WEST LONGITUDE. THE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND-CLEARING ACTIVITIES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL, EXCAVATION OF DITCHES AND FILLING ACTIVITIES WITHOUT CWA PERMITS INTO APPROX 1.8 ACRES OF WETLANDS. THE UNAUTHORIZED WORK WAS PERFORMED BY OR AT THE DIRECTION OF MR. HOWARD GANN. 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) RESPONDENT SHALL RESTORE THE DISCHARGE AREA TO FORMER ELEVATION AND VEGETATED CONDITIONS. RESPONDENT SHALL SUBMIT A WETLAND RESTORATION PLAN TO INCLUDE: (A) ALL WETLANDS AND STREAMS TO BE RESTORED AND RE-VEGETATED WITH A PLAN DETAILING VEGETATIVE RESTORATION; (B) ALL DREDGED AND FILL MATERIAL DEPOSITED IN WATERS OF THE U.S. TO BE REMOVED; AND (C) A NARRATIVE DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES TO BE EMPLOYED. THE WETLAND RESTORATION PLAN SHALL BE SUBMITTED TO EPA FOR REVIEW WITHIN 30 DAYS. RESPONDENT SHALL MAKE ANY MODIFICATIONS TO THE RESTORATION PLAN DIRECTED BY EPA AND COMMENCE IMPLEMENTATION OF THE RESTORATION PLAN WITHIN 20 DAYS AFTER EPA APPROVES THE SUBMITTED RESTORATION PLAN. (3) WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER

Defendants (1)

• GANN, HOWARDNamed in settlement

Facilities (1)

• WETLANDS (HOWARD GANN)

  CANAL ROAD/STATE ROAD 180, ORANGE BEACH, AL, 36560

  Registry ID: 110014423285

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GANN, HOWARDentered 2003-08-29

  Primary law: CWA

Timeline (2 milestones)

• 2003-08-29Final Order Issued
• 2003-09-13Enforcement Action Data Entered