EPA v. RHEA COUNTY (TN)

Case summary

12/20/05 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON INFO OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS AND TENNESSEE DEPT OF ENVIRONMENT AND CONSERVATION, AND A SITE INSPECTION CONDUCTED BY EPA ON SEPTEMBER 20, 2005, EPA HAS DETERMINED THAT RHEA COUNTY AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE DISCHARGE AREA. THE DEPOSITION OF FILL MATERIAL OCCURRED DURING DREDGING ACTIVITIES AND STREAM CLEARING CHANNELIZATION WORK IN ROARING CREEK. THE IMPACT AREA IS APPROX 6,500 LINEAR FEET LONG BY 100 FEET WIDE. ORDER REQUIRES: RESPONDENT 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 HO9URS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 45 DAYS, RESPONDENT SHALL SUBMIT A REPORT TO EPA WHICH CONSISTS OF A DETAILED DETERMINATION AND MEASUREMENT OF THE IMPACTED CHANNEL'S PATTERN, PROFILE, AND DIMENSION INCLUDING, BUT NOT LIMITED TO, STREAM WIDTH, BANKFULL HEIGHT, BANKFULL WIDTH, WIDTH TO DEPTH RATIO, FLOOD PRONE AREA WIDTH, MEANDER RADIUS OR CURVATURE, CHANNEL SLOPE, AND SINUOSITY. THIS REPORT SHALL ALSO PROVIDE A DETERMINATION OF THE APPROPRIATE STREAM TYPE OF ROARING CREEK IN THE AREA OF IMPACT. THIS DETERMINATION OF THE APPROPRIATE STREAM TYPE FOR THE AREA OF IMPACT SHALL BE BASED ON A REVIEW OF STABLE REACHES OF ROARING CREEK AND OTHER INFORMATION AVAILABLE INCLUDING OTHER STABLE STREAM IN THE RIDGE AND VALLEY PHYSIOGRAPHIC PROVINCE AND OTHER AVAILABLE SCIENTIFIC DATA. WITHIN 90 DAYS, RESPONDENT SHALL PROVIDE A STREAM RESTORATION PLAN FOR THE IMPACTED REACH TO EPA FOR EPA REVIEW AND APPROVAL. THE PLAN SHOULD USE INFO NOTED IN THE ABOVE PARAGRAPH AND USE APPROPRIATE STREAM RESTORATION STRUCTURES WHICH COULD INCLUDE WEIRS, J-VANES, DROP LOG STRUCTURES, AND ROOT WADS. THE RESTORATION PLAN SHOULD ACCOUNT FOR CONTROLLING FEATURES ON THE IMPACTED REACH SUCH AS THE ROCK OUTCROP ACROSS FROM LAWSON PROPERTY, SLOPE FAILURE AT VARIOUS LOCATIONS ON THE RIGHT BANK DESCENDING, AND THE RAILROAD BED RETAINING WALL. THE RESTORATION PLAN SHOULD ALSO INCLUDE THE PLAN TO REESTABLISH A RIPARIAN ZONE. THE PLAN SHOULD INCLUDE THE MONITORING OF THE RESTORED STREAM FOR 5 YEARS WITH SEMI-ANNUAL REPORTS SUBMITTED TO EPA FOR THE FIRST YEAR, AND ANNUALLY THE REAMINING 4 YEARS. EPA WILL REVIEW THE PLAN AND ADVISE THE RESPONDENT OF ANY DEFICIENCIES. THE RESPONDENT SHALL IMPLEMENT THE RESTORATION PLAN WITHIN 30 DAYS OF EPA APPROVAL. RESPONDENT SHALL ADVISE EPA ONCE THE RESTORATION PLAN HAS BEEN COMPLETE.

Defendants (1)

• RHEA COUNTY, TENNESSEENamed in settlement

Facilities (1)

• WETLANDS (RHEA COUNTY, TN)

  SITE NEAR PIKEVILLE AVENUE, GRAYSVILLE, TN, 37338

  Registry ID: 110024284406

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RHEA COUNTY (TN)entered 2005-12-20

  Primary law: CWA

Timeline (2 milestones)

• 2005-12-20Final Order Issued
• 2006-01-30Enforcement Action Data Entered