EPA v. RICHARDSON M. ROBERTS, BUCKSNORT RR RANCH, LLC

Case summary

THIS CWA 404 VIOLATION PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING THE CONSTRUCTION OF A DAM ON SNAKE CREEK AND LESS THAN ONE ACRE OF WETLANDS BELOW THE UNAUTHORIZED DAM. THE VIOLATION ALSO INCLUDED THE IMPOUNDMENT OF APPROX 850 LINEAR FEET OF SNAKE CREEK. THE UNAUTHORIZED ACTIVITIES WERE CONDUCTED BY RICHARDSON M. ROBERTS AND BUCKSNORT RR RANCH LLC IN SNAKE CREEK WHICH CONCLUENCES WITH TUMBLING CREEK, A TRIBUTARY TO THE TRADITIONALLY NAVIGABLE DUCK RIVER, IN EGYPT HOLLOW, HUMPHREYS COUNTY, TN. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A LARGE DAM AND MECHANICAL LAND CLEARING AND FILLING BELOW THE DAM. THE U.S. EPAREFERRED THIS MATTER TO THE DEPT OF JUSTICE IN 2007. AFTER REPEATED ATTEMPTS TO RESOLVE THE MATTER AND A TWO-DAY JURY TRIAL IN 2013, A SETTLEMENT WAS REACHED BETWEEN THE PARTIES. A JUDICIAL CONSENT DECREE WAS SIGNED IN JULY 2014 IN WHICH THE DEFENDANTS AGREED TO: PROVIDE FUNDING IN THE TOTAL AMOUNT OF $215,000 TO ONE OR MORE PROGRAMS BENEFITTING WATER QUALITY IN THE LOWER DUCK RIVER WATERSHED; RESTORE SNAKE CREEK AND ITS TRIBUTARIES' RIPARIAN ZONE FROM THE TIE OF THE UNAUTHORIZED DAM TO THE END OF THE DEFENDANTS PROPERTY LINE - APPROX 42 ACRES OF PROPERTY - AND PLACE A CONSERVATIVE EASEMENT PROTECTING THE RESTORATION AREA IN PERPETUITY; AND PAY A $25,000 PENALTY.

Defendants (3)

• ROBERTS, RICHARDSON M.Named in complaintNamed in settlement
• BUCKSNORT RR RANCH, LLCNamed in complaintNamed in settlement
• VERUS FINANCIAL MANAGEMENT

Facilities (1)

• WETLANDS (RICHARDSON M. ROBERTS,

  EGYPT HOLLOW (TRIBUTARY TO TUMBLING CREEK), BUCK SNORT, TN, 37078

  Registry ID: 110032611626

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RICHARDSON M. ROBERTS, BUCKSNORT RR RANCH, LLC (04-2014-C016)entered 2014-07-25

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 2007-09-26Referred To Dept Of Justice
• 2007-09-27Enforcement Action Data Entered
• 2009-09-04Complaint Filed With Court
• 2014-05-23Final Order Lodged
• 2014-07-25Final Order Entered
• 2014-07-25Concluded
• 2019-02-28Enforcement Action Closed