EPA v. Cumbie, John (Gippy Plantation)

Case summary

9/30/03 - REFERRAL TO HQ. (1) THIS CASE INVOLVES CWA 404 VIOLATIONS IN AN APPROXIMATELY 80-ACRE ABANDONED RICE IMPOUNDMENT ADJACENT TO THE WEST BRANCH OF THE COOPER RIVER IN MONCKS CORNER, BERKELEY COUNTY, SC. VIOLATIONS INVOLVE DITCHING, DEPOSITING OF FILL MATERIAL, AND MECHANIZED LAND CLEARING IN WETLANDS AND WATERS OF THE U.S. WITHOUT A PERMIT ON PROPERTY OWNED BY THE DEFENDANT, JOHN CUMBIE. (2) THE DEFENDANT IS JOHN CUMBIE, AN INDIVIDUAL PERSON. (3) NATURE OF RELIEF REQUESTED: RESTORATION OF SITE AND A PENALTY. (4) SPECIAL FACTS FOR CIRCUMSTANCES: PURSUANT TO THE MEMORANDUM ON DELEGATED WATER CASES AND CRITERIA FOR DELEGATION FROM E. RAMONA TROVATO DATED NOVEMBER 1, 1994, ALL WETLANDS JUDICIAL CASES ARE REGARDED AS INVOLVING NATIONALLY SIGNIFICANT ISSUES DUE TO THE CONTROVERSY OFTEN SURROUNDING THESE TYPES OF CASES. 4/20/11 - On April 20, 2011, the U. S. District Court for the District of South Carolina entered a Consent Decree which resolves CWA claims against John R. Cumbie. The violations relate to the defendants? filling of wetlands in an abandoned rice field along the West Branch of the Cooper River, and additional filling of adjacent forested wetlands. The wetland filling activities occurred without required permits under Section 404 of the CWA. The CD (1) requires payment of a $25,000 penalty, (2) requires restoration of impacted wetland areas, and (3) requires implementation of Supplemental Environmental Project where the Defendant will convey a conservation easement to a Land Trust permanently preserving 322 acres of wetlands at the violation site.

Defendants (1)

• CUMBIE, JOHN R.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - GIPPY PLANTATION (JOHN CUMBIE)

  ADJACENT TO WEST BRANCH OF COOPER RIVER, MONCKS CORNER, SC, 29461

  Registry ID: 110037083447

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Cumbie, John (Gippy Plantation) (04-2011-C012)entered 2011-04-20

  Primary law: CWA

  Federal penalty: $25,000 · SEP: $600,000

Timeline (8 milestones)

• 2003-09-30Referred To Headquarters
• 2003-10-01Enforcement Action Data Entered
• 2003-12-18Referred To Dept Of Justice
• 2008-05-08Complaint Filed With Court
• 2011-03-01Final Order Lodged
• 2011-04-20Concluded
• 2011-04-20Final Order Entered
• 2016-09-13Enforcement Action Closed