EPA v. DILLON, VINCENT AND MARYANN

Case summary

12/10/04 - ADMINISTRATIVE CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO EIGHT-MILE CREEK, ON LOT 2, BLOCK A, 7514 LILLIE LANE, LAKE ESTELLE SUBDIVISION, ESCAMBIA COUNTY, FL. BASED UPON SITE VISITS CONDUCTED BY REPRESENTATIVES OF THE U.S. ARMY CORPS OF ENGINEERS, ON APRIL 16, 2004, AND ADDITIONAL INFORMATION PROVIDED BY THE COE, EPA HAS DETERMINED THAT THE RESPONDENTS AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 0.05 ACRES OF WATERS OF THE U.S. DURING CONSTRUCTION OF A RESIDENTIAL HOME. THE VIOLATION THAT WAS DOCUMENTED DURING THE APRIL 2004 SITE VISIT BY THE COE IS THE SECOND VIOLATION ON THIS SITE. THE ORIGINAL VIOLATION WAS FOR APPROX 0.21 ACRES OF IMPACTS TO WATERS OF THE U.S. THIS AGREEMENT RESOLVES MITIGATION NEEDED FOR BOTH IMPACTS. ORDER REQUIRES: RESPONDENTS 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 OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT. RESPONDENT SHALL MITIGATE FOR THE IMPACTS TO THE WATERS OF THE U.S. BY PROVIDING 2 ACRES OF OFFSITE MITIGATION WITHIN THE SAME WATERSHED WHERE THE VIOLATION OCCURRED AND OF THE SAME TYPE (HARDWOOD WETLANDS) THAT WAS ELIMINATED BY THE UNAUTHORIZED FILL ACTIVITY. WITHIN 30 DAYS, RESPONDENTS WILL SUBMIT TO EPA FOR APPROVAL A DESCRIPTION OF THE OFFSITE MITIGATION AREA. ONCE APPROVAL OF THE OFFSITE AREA HAS BEEN COMPLETED BY EPA, RESPONDENTS HAVE 30 DAYS TO PLACE A 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 FULL FORCE AND EFFECT, RENEWING IT IF AT ANY TIME IT SHOULD EXPIRE OR OTHERWISE TERMINATE BY OPERATION OF LAW. SUCH DEED RESTRICTION SHALL RUN WITH THE LAND AND BE BINDING UPON SUBSEQUENT OWNERS. IN THE MATTER OF THE IMPACTS TO APPROX. 0.26 (TOTAL OF IMPACTS ONSITE FOR BOTH VIOLATIONS), RESPONDENTS SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT TO AUTHORIZE ANY FILL REMAINING IN JURISDICTIONAL WETLANDS IN THE DISCHARGE AREA. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR AUTHORIZATION. NOTHING IN THIS AGREEMENT IN ANY WAY BINDS THE COE OR RESTRICTS THE COE'S REGULATORY PROCESSES. THE COE HAS FULL DISCRETION TO REQUIRE ADDITIONAL INFORMATION REGARDING JURISDICTIONAL WETLANDS ON THE DISCHARGE AREA OR ANY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION. SHOULD THE COE DENY AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PLACE, AND SHOULD THE RESPONDENTS DECIDE NOT TO APPEAL THIS RULING, RESPONDENTS WILL HAVE 30 DAYS FROM THE DATE OF DENIAL TO PROVIDE EPA A PLACE FOR REMOVAL OF ALL FILL MATERIAL ALONG WITH A NARRATIVE DESCRIBING THE RESTORATION OF ANY IMPACTED JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. SHOULD THE COE ISSUE A PERMIT OR OTHERWISE AUTHORIZE THE REMAINING FILL, RESPONDENT SHALL PROVIDE EPA A COPY OF THE COE PERMIT AND ANY ADDITIONAL CONDITIONS AND ATTACHMENTS WITHIN 20 DAYS OF AUTHORIZATION

Defendants (2)

• DILLON, MARYANNNamed in settlement
• DILLON, VINCENT, DR.Named in settlement

Facilities (1)

• WETLANDS (VINCENT AND MARYANN DILLON)

  LOT 2, BLOCK A, 7514 LILLIE LANE, ENSLEY, FL, 32501

  Registry ID: 110020503061

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DILLON, VINCENT AND MARYANNentered 2004-12-10

  Primary law: CWA

Timeline (2 milestones)

• 2004-12-10Final Order Issued
• 2005-01-06Enforcement Action Data Entered