EPA v. SEMINOLE TRIBE OF FLORIDA

Case summary

3/25/05 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATER OF THE U.S. ADJACENT TO INTERCENTOR CANAL AND NORTH FEEDER CANAL, LOCATED ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION, IN FLORIDA. EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 10 ACRES OF WETLANDS. THE IMPACTS OCCURRED DURING MECHANIZED LAND CLEARING AND FILLING ACTIVITIES IN ASSOCIATION WITH THE CONSTRUCTION OF A MOTOCROSS FACILITY ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION. RESPONDENT CONDUCTED 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 ISUSED 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 PRESERVE AND ENHANCE 2.15 ACRES OF EXISTING WETLANDS ONSITE BY THE REMOVAL OF EXOTIC INVASIVE VEGETATION AND SUBSEQUENT TREATMENT WITH APPROVED HERVICIDES. RESPONDENT SHALL ENHANCE THE WETLAND HYDROLOGY BY IMPOUNDING THE AREA AREOUND THE MITIGATION AREA AND SUPPLEMENTING RAINFALL BY DIRECTING TREATED STORM WATER RUN-OFF INTO THE MITIGATION AREA THROUGH A BUBBLE UP DISCHARGE SYSTEM. THE RESPONDENT SHALL CREATE 2.52 ACRES OF WETLANDS AT THE LOCATION SHOWN IN EXHIBIT C BY SCRAPING DOWN UPLAND AREAS TO THE ELEVATION OF THE EXISTING PRESERVED WETLANDS AND PLANT WITH NATIVE VEGETATION AS SPECIFIED BY THE SOUTH FLORIDA WATER MGMT DIVISION. THE RESPONDENT SHALL SET ASIDE AN OFF-SITE MITIGATION AREA OF 54.11 KNOWN AS AREA 5. THE RESPONDENT SHALL REMOVE EXOTIC/NUISANCE VEGETATION FROM THE OFF-SITE MITIGATION AREA AND ENHANCE THE HYDROLOGY ON THE SITE. AREA 5 IS A FORESTED WETLAND AREA DOMINATED BY MELALEUCA. THE MELALEUCA AND OTHER EXOTIC VEGETATION WILL BE REMOVED FROM THE SITE BY UTILIZING THE FRILL AND SQUIRT METHOD AND WILL BE LEFT STANDING. THE SMALLER EXOTIC TREES WILL BE CUT DOWN AND THE STUMPS TREATED WITH APPROVED HERBICIDES. THE HYDROLOGY OF AREA 5 WILL BE AUGMENTED BY REDIRECTING EXCESS STORMWATER FROM BASINS NORTH OF THE WEST FEEDER CANAL VIA SIPHONS AND SPREADERS SWALES, DITCHES, AND CULVERTS TO THE ENHANCEMENT AREA. THE RESPONDENT SHALL IMPLENENT A MONITORING PROGRAM FOR ALL OF HTE MITIGATION AREAS FOR A PERIOD OF 5 YEARS WITH ANNUAL REPORTS BEING SENT TO SFWMD AND EPA. IF NATIVE WETLAND SPECIES DO NOT ACHIEVE AN 80 PERCENT COVERAGE WITHIN THE INITIAL 2 YEAR PERIOD OF THE MONITORING PROGRAM, THE SFWMD, EPA, AND THE TRIBE WILL RE-EVALUATE THE MITIGATION PROGRAM AND MAKE THE REQUIRED CHANGES AND/OR IMPROVEMENTS TO THE MITIGATION AREAS OR REQUIRE AN ALTERNATIVE MITIGATION PLAN. AT THE END OF THE 5-YEAR MONITORING PROGRAM THE ENTIRE MITIGATION SITE SHALL CONTAIN 80 PERCENT COVERAGE OF DESIRABLE OBLIGATE AND FACULTATIVE WETLAND SPECIES. THE RESPONDENT SHALL SUBMIT AN APPLICATION FOR AN AFTER-THE-FACT PERMIT TO THE COE WITHIN 30 DAYS FROM RECEIPT OF THE FINAL ADMINISTRATIVE CONSENT AGREEMENT, FOR FILL REMAINING IN PLACE AT THE DISCHARGE AREA.

Defendants (1)

• SEMINOLE TRIBE OF FLORIDANamed in settlement

Facilities (1)

• WETLANDS (SEMINOLE TRIBE OF FLORIDA) (MOTOCROSS TRACK)

  ADJACENT TO US 75 / BIG CYPRESS SEMINOLE INDIAN RE, BIG CYPRESS SEMINOLE INDIAN RESERVATION, FL, 34141

  Registry ID: 110022316652

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SEMINOLE TRIBE OF FLORIDAentered 2005-03-25

  Primary law: CWA

Timeline (2 milestones)

• 2005-03-25Final Order Issued
• 2005-03-30Enforcement Action Data Entered