EPA v. TALMADGE RIDGE, LLC

Case summary

12/17/04 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO BEAVER RUN CREEK, LOCATED IN A DEVELOPMENT KNOW AS THE OVERLOOK AT GROVER LAKE PHASE II AND III OFF OF VULCAN DRIVE, LITHIA SPRINGS, DOUGLAS COUNTY, GA. BASED UPON SITE VISITS CONDUCTED BY REPRESENTATIVES OF THE EPA, ON FEBRUARY 28, 2003, APRIL 16, 2003, JULY 31, 2003, AUGUST 26, 2003, OCTOBER 10, 2003, AND JUNE 4,2004, EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT CONDUCTED THE FOLLOWING IN WATERS OF THE U.S.: (1) MECHANIZED LAND CLEARING; (2) SIDECASTING; AND (3) FILLING. ADDITIONALLY, THE RESPONDENT'S ACTIONS LED TO SECONDARY IMPACTS THAT RESULTS IN SEDIMENT RUNOFF DUE TO THE LACK OF SEDIMENT CONTROL DEVICES AN DLACK OF MAINTENANCE ON SILT FENCES LOCATED AT THE DISCHARGE AREA. RESPONDENT CONDUCTED ALL OF THESE ACTIVITIES WITHOUT A SECTION 404 PERMIT. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE PURSUANT TO SECTION 404 OF THE CWA, OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT., RESPONDENT SHALL SURVEY THE SPRING RESTORATION AREA WITHIN THE SILT FENCES THAT WAS AGREED UPON IN THE JUNE 4, 2004, ONSITE MEETING, WITHIN 15 DAYS. ONCE THE AREA HAS BEEN SURVEYED, THE RESPONDENT MUST SUBMIT THE SURVEY TO EPA WITHIN 45 DAYS. RESPONDENT SHALL REMOVE TRASH AND DEBRIS FROM THE SPRING AREA AND BUFFER ZONES BY HAND, NO MECHANIZED EQUIPMENT CAN BE USED IN THIS PROCESS. RESPONDENT SHALL BE ENTITLED TO CONSTRUCT A ROAD CROSSING AND UTILITY LINE CROSSING OVER THE SPRING AREA. SUCH CORSSING WILL BE CONSTRUCTED IN A MANNER THAT DOES NOT IMPACT THE JURISDICTIONAL WATERS OF THE U.S. IN THIS SPRING AREA. A STRUCTURAL PLATE PIPE ARCH WILL BE USED IN THE CONSTRUCTION OF THE ROAD TO SPAN AND AVOID IMPACTS TO THE JURISDICTIONAL WATERS IN THE SPRING AREA. EPA WILL ALLLOW MINIMAL INTRUSION INTO THE 25-FOOT BUFFER ZONE OF THE SPRING AREA FOR THIS CONSTRUCTION TECHNIQUE TO PROVIDE A FOUNDATION FOR CONSTRUCTION OF THE ROAD. RESPONDENT, WITHIN 30 DAYS, SHALL SUBMIT A RESTORATION PLAN TO EPA FOR APPROVAL. THE PLAN SHALL INCLUDE RESTORATION OF THE ENTIRE SPRING AREA FROM THE SPRING HEAD PORTION DOWN TO THE LAKE (APPROX 680 LINEAR FEET). IF REQUIRED BY THE STATE OF GEORGIA, THIS PLAN SHOULD INCLUDE A 25-FOOT BUFFER WHICH IS TO BE LOCATED ABOVE AND ON BOTH SIDES OF THE SPRING HEAD AND EXTEND 25 FEET IN ALL DIRECTIONS FROM ANY WATERS OF THE U.S., INCLUDING WETLANDS, BETWEEN THE SPRING HEAD AND GROOVERS LAKE, THIS REQUIREMENT COULD INCREASE THE AREA LOCATED INSIDE THE SILT FENCES THAT WAS AGREED UPON DURING THE JUNE 4, 2004, ONSITE MEETING. RECOMMENDED PLANTING IN THE SPRING AREA SHOULD INCLUDE A MIXTURE OF THE FOLLOWING: GREEN ASH; SWAMP WHITE OAK; WILLOW OAK; SWAMP CHESTNUT OAK; WINTERBERRY; SILVERY BAY; AND CHOKE BERRY IN THE WETTER AREAS. IN THE DRIER WET AREAS, THE FOLLOWING ARE RECOMMENDED: WATER OAK; RED MULBERRY, EUONYMUS; AND SMOOTH AZALEZ. ADDITIONALLY, THE 5-YEAR MONITORING PLAN WILL INCLUDE HYDROLOGICAL AND VEGETATIVE SUCCESS CRITERIA. THE SURVIVAL RATE AT THE END OF THE 5-YEAR MONITORING PERIOD SHALL BE 60 PERCENT OF THE PLANTED SPECIES ONSITE. UPON APPROVAL OF THE RESTORATION PLAN BY EPA, AND RECEIPT OF ANY OTHER FEDERAL, STATE, AND LOCAL APPROVALS THAT MAY BE REQUIRED, RESPONDENT SHALL COMPLETE THE RESTORATION OF THE AREA BY THE BEGINNING OF MARCH 2005. WITHIN 30 DAYS, RESPONDENT SHALL ENCUMBER ALL RESTORED AREAS AND ASSOCIATED BUFFERS WITHA DEED RESTRICTION DESIGNED TO PRESERVE ALL AREAS IN PERPETUITY IN A NATURAL STATE CONSISTENT WITH PROTECTION OF THE WATERS OF THE U.S. ON THE PROPERTY. RESPONDENT SHALL FURNISH EPA WITH DOCUMENTATION OF THE DEED RESTRICTION, AND SHALL MAINTAIN THE RESTRICTION IN

Defendants (1)

• TALMADGE RIDGE, LLCNamed in settlement

Facilities (1)

• WETLANDS (STEVEN M JAMPOL & TALMADGE RIDGE, LLC)

  ADJ. TO BEAVER RUN CREEK, NEAR GROOVERS LAKE, LITHIA SPRINGS, GA, 30122

  Registry ID: 110014421526

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TALMADGE RIDGE, LLCentered 2004-12-17

  Primary law: CWA

Timeline (2 milestones)

• 2004-12-17Final Order Issued
• 2004-12-22Enforcement Action Data Entered