EPA v. MCS INVESTMENTS, INC. / JEMCO, LLC

Case summary

7/27/09 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 125 ACRES OF FORESTED WETLANDS LOCATED ON RESTER AVENUE, ADJACENT TO PERDIDO BAY IN LILLIAN, BALDWIN COUNTY, AL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL COMMENCED DURING THE MONTH OF JUNE 2006 AND INCLUDED MECHANIZED LANDCLEARING AND EXCAVATION OF DITCHES WITH SIDECAST OF DREDGE MATERIAL INTO WATERS OF THE U.S. THESE DISCHARGES DID NOT MEET THE REQUIREMENTS TO QUALIFY AS AN EXEMPT ACTIVITY UNDER CWA 404. RESPONDENTS AGREE TO THE FOLLOWING: A. RESPONDENTS WILL BRING THE SITE INTO NORMAL, CUSTOMARY SILVICULTURAL PRACTICE IN ACCORDANCE WITH CWA 404. THIS ACTION WILL INCLUDE PLANTING THE ENTIRE SITE DURING THE 2009 PLANTING SEASON. IF NECESSARY, RESPONDENTS MAY FIRST BURN OR CHEMICALLY PREPARE THE SITE. RESPONDENTS SHALL NOT IMPLEMENT A COMPARTMENTALIZED FORESTRY MGMT PLAN. B. EXCAVATED PONDS SHALL BE RESTORED TO FORESTED WETLAND STATUS. C. ROAD WILL BE BROUGHT INTO COMPLIANCE WITH BASELINE BMPs, INCLUDING BUT NOT LIMITED TO: 1. STABILIZATION OF ALL ROADS; 2. CREATION OF A RIP RAPPED CROSSING AT THE EXISTING BREAK IN THE NORTHERNMOST ROAD; 3. REMOVAL OF INTERIOR ROAD WITH 90 DEGREE ANGLES. RESPONDENTS MAY RETURN ROAD TO PREVIOUS VERTICAL ALIGNMENT TO SERVE AS A PERMANENT FIRE BREAK; HOWEVER, THE ADJOINING DITCH WILLB E FILLED FOR THE ENTIRE LENGTH. 4. RE-INSTALLATION OF ROAD CROSSING TO ENSURE PASSAGE OF AQUATIC LIFE; 5. STABLIZATION OF ALL REMAINING DITCHES AND REMOVAL OF EXCESS DEPOSITION MATERIAL. D. EXCESS SIDECAST MATERIAL SHALL BE REMOVED FROM WATERS OF THE U.S. E. RESPONDENT SHALL EITHER MOVE THE FILL PAD TO THE DOCK AND RESTORE THE AREA TO WETLAND VEGETATION, OR REDUCE THE SIZE OF THE PAD TO ACCOMMODATE NO MORE THAN 3 VEHICLES. IF THE FILL PAD IS LEFT IN PLACE, RESPONDENTS SHALL SEEK NATIONWIDE PERMIT 32 AUTHORIZATION FROM THE COE AND PURCHASE APPROPRIATE MITIGATION CREDITS FROM A COE APPROVED MITIGATION BANK. THE OUTLET DITCH ADJACENT TO THE DOCK MAY REMAIN IN PLACE. F. RESPONDENT SHALL REMOVE FAILED BMPs AND DEPOSITED SEDIMENT WITHIN THE MARSH AREA ADJACENT TO DOCK AND REPLANT WITH NATIVE MARSH SPECIES. G. THE CONTINUOUS DITCH ALONG THE NORTHERNMOST ROAD SHALL BE REPLACED WITH STAGGERED SEDIMENT TRAPS AS DISCUSSED DURING EPA SITE VISIT. H. RESPONDENTS SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 15 DAYS. RESTORATION MUST BE COMPLETE WITHIN 90 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. I. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 5 YRS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCCESS OF THE MARSH PLANTING AND DITCH STABILIZATION. AT EACH INSPECTION, RESPONDENTS SHALL REPLACE ANY FAILED BMPs. WITHIN 30 DAYS OF EACH OF THE ANNUAL INSPECTIONS, RESPONDENTS MUST SUBMIT A REPORT TO EPA THAT INCLUDES (1) DATE OF INSPECTION; AND (2) COLOR PHOTOGRAPHS FROM THE SAME LOCATIONS.

Defendants (2)

• JEMCO, LLCNamed in settlement
• MCS INVESTMENTS, INC. (SB)Named in settlement

Facilities (1)

• WETLANDS - MCS INVESTMENTS, INC.

  RESTER AVENUE, LILLIAN, AL, 36549

  Registry ID: 110038429331

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MCS INVESTMENTS, INC. / JEMCO, LLCentered 2009-07-27

  Primary law: CWA

Timeline (2 milestones)

• 2009-07-27Final Order Issued
• 2009-08-05Enforcement Action Data Entered