EPA v. EDWIN HENRY AND HTL FAMILY LIMITED PARTNERSHIP

Case summary

5/8/09 - 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 MR EDWIN HENRY AND HTL FAMILY LIMITED PARTNERSHIP, LOCATED WEST OF HWY 85 AND SOUTH OF HWY 2 NEAR CITY OF CRESTVIEW, OKALOOSA COUNTY, FL. THE IMPACTS OCCURRED IN WETLANDS ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF THE YELLOW RIVER. ACCURDING TO OUR PRELIMINARY INVESTIGATION, THE DISCHARGES OCCURRED ON OR ABOUT JULY 9, 2007. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 8.5 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROX 900 LINEAR FEET OF WATER OF THE U.S. THE UNNAMED TRIBUTARY IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM THE DATE OF DISCOVERY (JULY 9, 2007, BY THE ARMY CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA SECTION 404. ORDER REQUIRES: A. IMMEDIATELY RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATER OF THE U.S. B. WITHIN 48 HOURS, RESPONDENTS WILL NOTIFY EPA WITHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENTS 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 THE AREAS IMPACTED; AND (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. D. IF EPA COMMENTS ON THE PLAN, THE RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITH 30 DAYS OF RECEIVING EPA'S COMMENTS. E. 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 (2)

• HENRY, EDWIN (SB)Named in complaintNamed in settlement
• HTL FAMILY LIMITED PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (EDWIN HENRY)

  HIGHWAY 2, CRESTVIEW, FL, 32531

  Registry ID: 110039158755

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• EDWIN HENRY AND HTL FAMILY LIMITED PARTNERSHIPentered 2009-05-08

  Primary law: CWA

Timeline (2 milestones)

• 2009-05-08Final Order Issued
• 2009-05-13Enforcement Action Data Entered