EPA v. Johnson, Paul and Ellen Wilson Johnson (404 Restoration Order)

Case summary

9/30/03 - ORDER FOR COMPLIANCE ISSUED. PERTAINS TO WETLANDS AND WATERS OF THE U.S. WHICH ARE ADJACENT TO BRUSH CREEK AND CONTIGUOUS TO THE TENNESSEE RIVER AND LOCATED ON PROPERTY OWNED BY YOU AND ADJACENT TO BRUSH CREEK ROAD AND NEAR THE INTERSECTION OF BRUSH CREEK ROAD WITH JACKSON HIGHWAY IN LAUDERDALE COUNTY, AL. THE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND-CLEARING, EXCAVATION AND FILLING ACTIVITIES INTO APPROX 0.5 ACRES OF WETLANDS AND APPROX 300 LINEAR FEET OF AN UNNAMED TRIBUTARY TO BRUSH CREEK, WITHOUT A CWA PERMIT. ORDER REQUIRES: RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO THE DISCHARGE AREA. RESPONDENTS AHLL: A. RESTORE THE DISCHARGE AREA TO FORMER ELEVATION AND VEGETATED CONDITIONS. B. REMOVE ALL DEBRIS AND FILL MATERIAL FROM WETLANDS AND WATERS OF THE U.S. AT THE DISCHARGE AREA WITHIN 30 DAYS AND PROVIDE DOCUMENTATION TO EPA THAT ALL MATERIAL HAS BEEN REMOVED BY SUBMITTING PHOTOGRAPHIC DOCUMENTATION WITHIN 30 DAYS. C. UPON REMOVAL OF ALL MATERIAL FROM WETLANDS, RESPONDENTS SHALL STABILIZE THE SITE BY PLANTING AN APPROPRIATE MIXTURE OF HERBEOUS VEGETATION SUITABLE FOR WETLAND CONDITIONS (I.E. WETLAND SEED MIX) WITHIN 5 DAYS FROM REMOVAL. RESPONDENTS SHALL PROVIDE TO EPA WITHIN 5 DAYS OF STABILIZATION, PHOTO DOCUMENTATION AND A NARRATIVE DESCRIBING STABILIATION MEASURES TAKEN

Defendants (1)

• JOHNSON, PAULNamed in settlement

Facilities (1)

• WETLAND (PAUL JOHNSON/ELLEN WILSON JOHNSON)

  BRUSH CREEK ROAD, RILLEN, SC, 35645

  Registry ID: 110015769266

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Johnson, Paul & Ellen Wilson Johnsonentered 2003-09-30

  Primary law: CWA

Timeline (2 milestones)

• 2003-09-30Final Order Issued
• 2003-10-03Enforcement Action Data Entered