EPA v. LIVE OAK LAKE, INC.

Case summary

8/26/08 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO THE WATERS OF THE U.S. LOCATED IN THE LIVE OAK SUBDIVISION, EAST OF GIBBS STREET AND NORTH OF CR-26, PIKE COUNTY, AL. THE UNAUTHORIZED DISCHARGES OCCURRED PRIOR TO OR DURING THE CONSTRUCTION OF THE LIVE OAK SUBDIVISION. RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF THE LIVE OAK SUBDIVISION. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 7 ACRES OF WETLANDS AND 1500 LINEAR FEET OF WATERS OF THE U.S. KINDRICK BRANCH IS A TRIBUTARY OF PERSIMMON BRANCH. PERSIMMON BRANCH IS TRIBUTARY OF WALNUT CREEK WHICH FLOWS INTO WHITEWATER RIVER. THE WHITEWATER RIVER IS TRIBUTARY TO THE PEA RIVER, A NAVIGABLE WATER OF THE U.S. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: a) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; b) RESTORE APPROX 1,500 LINEAR FEET OF KENDRICK BRANCH AND SEVEN ACRES OF ADJACENT WETLANDS AND c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDE COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• LIVE OAK LAKE, INC. (SB)Named in settlement

Facilities (1)

• WETLANDS (LIVE OAK LAKE, INC.)

  COUNTY ROAD 26, TROY, AL, 36081

  Registry ID: 110037230779

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LIVE OAK LAKE, INC.entered 2008-08-26

  Primary law: CWA

Timeline (2 milestones)

• 2008-08-26Final Order Issued
• 2008-09-12Enforcement Action Data Entered