EPA v. ATKINSON DEVELOPERS, LLC

Case summary

10/21/08 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 24 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSING SWAMP. THE DEPOSITION OCCURRED DURING EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL, MECHANIZED LAND CLEARING AND FILLING OF JURISDICTIONAL WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 24 ACRES OF FORESTED WETLANDSTHAT ARE ADJACENT TO LOOSING SWAMP, WHICH CONNECTS TO LAKE SWAMP, WHICH FEEDS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE WATER OF THE U.S. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHALL INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (c) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS, VEGETATION, SUCCESS CRITERIA, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS AFTER EPA'S APPROVAL OF THE PLAN.

Defendants (1)

• ATKINSON, F.M., JR.Named in settlement

Facilities (1)

• WETLANDS (ATKINSON DEVELOPERS, LLC)

  HUCKLEBERRY ROAD, AYNOR, SC, 29511

  Registry ID: 110040056239

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ATKINSON DEVELOPERS, LLCentered 2008-10-21

  Primary law: CWA

Timeline (2 milestones)

• 2008-10-21Final Order Issued
• 2009-07-31Enforcement Action Data Entered