EPA v. OLD SOUTH LAND; WALTON PLANTATION PROPERTIES; WALTON PLANTATION ROD AND GUN CLUB, INC.

Case summary

1/8/2009 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE PROPERTY OWNED BY MESSRS. HENRY MACLIN, RONNIE WILLIS, ANDREW KRENKEL, DAVID BLACK AND ROBERT E. MCGILL, III AND OLD SOUTH LAND, INC., WALTON PLANTATION PROPERTIES AND WALTON PLANTATION ROD AND GUN CLUB, INC., LLC, LOCATED AT 2231 COUNTY HIGHWAY 2, LAUREL HILL, WALTON COUNTY, FL. THE IMPACTS OCCURRED IN PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK, AND THEIR UNNAMED TRIBUTARIES AND THE ABUTTING AND ADJACENT FORESTED WETLANDS TO THESE WATERS. ACCORDING TO PRELIMINARY INVESTIGATION, THE DISCHARGES OCCURRED ON OR ABOUT MARCH 2006 TO PRESENT. RESPONDENTS OR THOSE ACTION ON BEHALF OF RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF APPROX 22 ROAD CROSSINGS. RESPONDENTS HAVE ALSO IMPACTED AN UNDETERMINED AMOUNT OF FORESTED FRESHWATER WETLANDS IN THE COURSE OF CONSTRUCTING APPROX 3 PONDS, A RUNWAY AND A DIRT TRACK FACILITY AT WALTON PLANTATION. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED AN UNKNOWN AMOUNT OF FORESTED FRESHWATER WETLANDS AND APPROX 1650 LINEAR FEET OF WATERS OF THE U.S. ORDER REQUIRES: IMMEDIATELY, RESPONDENTS 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, RESPONDENTS WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B) RESTORE APPROX 1650 LINEAR FEET OF PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK AND THEIR UNNAMED TRIBUTARIES AND AN UNDETERMINED AMOUNT OF FORESTED FRESHWATER WETLANDS; (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. IF EPA COMMENTS ON THE PLAN, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITH 30 DAYS OF RECEIVING EPA'S COMMENTS. RESPONDENTS 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 (9)

• WALTON
• WALTON PLANTATION PROPERTIESNamed in settlement
• OLD SOUTH LAND, INC.Named in settlement
• MCGILL, ROBERT E., IIINamed in settlement
• BLACK, DAVIDNamed in settlement
• KRENKEL, ANDREWNamed in settlement
• WILLIS, RONNIENamed in settlement
• WALTON PLANTATION ROD AND GUN CLUB, INC.Named in settlement
• MACLIN, HENRYNamed in settlement

Facilities (1)

• WETLANDS (WALTON PLANTATION)

  2231 COUNTY HIGHWAY 2, LAUREL HILL, FL, 32567

  Registry ID: 110038395607

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• OLD SOUTH LAND; WALTON PLANTATION PROPERTIES; WALTON PLANTATION ROD AND GUN CLUB, INC.entered 2009-01-08

  Primary law: CWA

Timeline (2 milestones)

• 2009-01-08Final Order Issued
• 2009-02-27Enforcement Action Data Entered