EPA v. TIBBITS, WAYNE / TEMPCO DEVELOPMENT / COUSINS PROPERTIES

Case summary

9/28/04 - FINDINGS OF VIOLATION AND ORDER FOR COMPLIANCE ISSUED. CEASE AND DESIST ORDER. ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS, STREAMS AND OTHER WATERS OF THE U.S. INCLUDING UNNAMED TRIBUTARIES AND ADJACENT WETLANDS OF COLE LAKE, AN IMPOUNDMENT OF LANE CREEK, WHICH IS A TRIBUTARY OF PUMPKINVINE CREEK (ETOWAH RIVER WATERSHED). THE UNAUTHORIZED DISCHARGES ARE ASSOCIATED WITH A DEVELOPMENT LOCATED SOUTH OF HAPPY VALLEY CHURCH ROAD AND EAST OF COLE LAKE ROAD IN DALLAS, PAULDING COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE FILLING, PIPING, AND IMPOUNDMENT OF STREAMS AND WETLANDS ASSOCIATED WITH CONSTRUCTION OF SEDIMENTATION PONDS, FILLING OF LOTS, CONSTRUCTION OF ROADS AND OTHER INFRASTRUCTURE FOR THE DEVELOPMENT. ORDER REQUIRES: RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN THE DISCHARGE AREA. WITHIN 48 HOURS, RESPONDENTS SHALL INFORM EPA WHETHER RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A DELINEATION FOR EPA APPROVAL OF ALL CURRENT AND FORMER (IMPACTED) WATERS OF THE U.S. AT THE DISCHARGE AREA. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A PLAN TO ASSESS THE SEDIMENTATION IMPACTS DOWNSTREAM OF THE DISCHARGE AREA. THIS PLAN WILL INCLUDE, BUT IS NOT LIMITED TO, A PLAN TO ASSESS THE DEGREE OF SEDIMENTATION OF COLE LAKE AND TRIBUTARIE

Defendants (3)

• TIBBITS, WAYNENamed in settlement
• TEMPCO DEVELOPMENTS, LLCNamed in settlement
• COUSINS PROPERTIES, INC.Named in settlement

Facilities (1)

• HAPPY VALLEY SUBDIVISION

  S. OF HAPPY VALLEY CHURCH RD/E. OF COLE LAKE ROAD, DALLAS, GA, 20147

  Registry ID: 110018923067

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TIBBITS, WAYNE / TEMPCO DEVELOPMENT / COUSINS PROPERTIESentered 2004-09-28

  Primary law: CWA

Timeline (2 milestones)

• 2004-09-28Final Order Issued
• 2004-10-01Enforcement Action Data Entered