EPA v. SARALAND LAKE; LISTER HARRELL; SARALAND, LLLP; MIDDLE GEORGIA ROAD BUILDERS; ROBERT SUTTON

Case summary

This matter involves violations of Section 404 of the CWA stemming from the unpermitted construction of dam and approximately 200 acre lake on private property owned by Saraland, LLLP (Saraland), located just north of the City of Eastman, Dodge County, Georgia. The lake bed was cleared in its entirety, and the project impacted approximately 100 acres of highly functional forested wetlands and 3.2 miles of tributaries to Gum Swamp Creek, a tributary of Little Ocmulgee Lake, a navigable water of the United States. The referral includes four recommended Defendants, including Lister Harrell, Saraland, Middle Georgia Road Builders and Developers, Inc. (MGRB), and Robert Sutton. Saraland is the owner of the Site, and Mr. Harrell is listed as the President of Saraland. Mr. Harrell was directly in charge of all decisions relating to construction of the lake, and evidence indicates that the lake was constructed for Mr. Harrell?s personal, recreational use. MGRB and Robert Sutton conducted the work, including lake clearing and dam construction. The work was done without the required U. S. Army Corps of Engineer (COE) section 404 permit for work in jurisdictional waters of the United States. This referral seeks stream and wetland restoration, where appropriate, mitigation, and a civil penalty. This case is significant to Region 4 because this violation entails the largest wetland and stream impacts the Region has addressed in South Georgia. In addition, the violations were extremely flagrant in nature given past violations committed by Mr. Harrell, and blatant disregard of clear direction given by the COE prior to lake construction that such a project would likely never be approved and permitted. At the time of discovery of the violations in August 2007, the construction activities were virtually complete and the lake was completely full by Spring 2008. On November 21, 2007, EPA issued an Administrative Compliance Order (ACO) to Mr. Harrell requiring him to cease and desist all lake construction activities, and initiate restoration activities. EPA has since added Saraland, MGRB and Robert Sutton as Respondents to the ACO. Respondents are currently in the process of draining the lake at EPA?s request, in order to complete the full scope of the jurisdictional analysis and impact assessment, and begin proposed restoration work. Since the issuance of EPA's ACO, Respondents have not respondend as quickly or thoroughly as EPA would have preferred, but recent negotiations regarding restoration have been more promising. However, the parties have yet to come to a final agreement as to the extent of jurisdictional areas impacted on the Site. EPA is referring the matter given the size of the monetary penalty that EPA has calculated, as well as for assistance with injunctive relief in the event that negotiations with the Respondents stall.

Defendants (4)

• SUTTON, ROBERTNamed in complaintNamed in settlement
• MIDDLE GEORGIA ROAD BUILDERS & DEVELOPERS (SB)Named in complaintNamed in settlement
• HARRELL, LISTERNamed in complaintNamed in settlement
• SARALAND, LLLP (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (SARALAND LAKE)

  100 ACRES NEAR NORTH SIDE OF OCMULGEE CHURCH RD, EASTMAN, GA, 31023

  Registry ID: 110064035823

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SARALAND LAKE; LISTER HARRELL; SARALAND, LLLP; MIDDLE GEORGIA ROAD BUILDERS; ROBERT SUTTONentered 2015-11-02

  Primary law: CWA

  Federal penalty: $205,000

Timeline (7 milestones)

• 2008-09-15Enforcement Action Data Entered
• 2008-09-25Referred To Dept Of Justice
• 2012-12-31Complaint Filed With Court
• 2015-11-02Final Order Entered
• 2015-11-02Concluded
• 2015-11-02Final Order Lodged
• 2018-10-31Enforcement Action Closed