EPA v. MORGAN, L.B.

Case summary

12/10/03 - CONSENT AGREEMENT ISSUED. ORDER REQUIRES: 1. RESPONDENT SHALL, WITHIN 60 DAYS, REMOVE FILL MATERIAL, RESHAPE AND STABILIZE THE BANKS AT THE PROPOSED ROAD CROSSING OF THE WESTERN LAKE TRIBUTARY AT LOCATION 1. 2. WITHIN 30 DAYS, RESPONDENT SHALL REMOVE FILL MATERIAL FROM THE AREA BETWEEN LAKE TRIBUTARIES AT THE SOUTH END OF THE LAKE. THE AREA SHOULD BE RETURNED TO THE SAME GRADE AS ADJACENT WETLANDS AND ALLOWED TO NATURALLY REVEGETATE. 3. WITHIN 60 DAYS, RESPONDENT SHALL REMOVE ACCUMULATED SAND FROM WETLANDS IN THE EASTERN TRIBUTARY INDICATED AS LOCATION 4. THE SAND SHOULD BE REMOVED OR ORIGINAL WETLAND SOIL LEVEL AND THE AREA ALLOWED TO NATURALLY REVEGETATE. 4. FOLLOWING COMPLETION OF ALL RESTORATION ACTIVITIES AND NO LONGER THAN 6 MONTHS FROM THE DATE OF THIS AGREEMENT, RESPONDENT SHALL PLACE A RESTRICTIVE COVENANT ON ALL WETLANDS AND RESTORATION AREAS DELINEATED BY RESPONDENT'S CONSULTANT. THE RESTRICTIVE COVENANT NEED NOT COVER THE POTENTIAL RIGHT OF WAY OF THE POSSIBLE BIBB COUNTY ROAD. 5. WITHIN 60 DAYS, RESPONDENT SHALL APPLY TO THE SAVANNAH DISTRICT OFFICE OF THE U.S. ARMY CORPS OF ENGINEERS FOR AUTHORIZATION OF ANY STRUCTURES OR FILL REMAINING IN WATERS OF THE U.S. ASSOCIATED WITH DAM REPAIR AND MAINTENANCE

Defendants (1)

• MORGAN, L.B.Named in settlement

Facilities (1)

• WETLANDS (SOUTH LAKE COMPLEX)

  INTERSECTION OF HOUSTON RD & STATE ROAD 247, MACON, GA, 31201

  Registry ID: 110013693440

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MORGAN, L.B. (CONSENT AGREEMENT)entered 2003-12-10

  Primary law: CWA

Timeline (2 milestones)

• 2003-12-10Final Order Issued
• 2004-02-20Enforcement Action Data Entered