EPA v. MONTGOMERY, CATHERINE; SLOAN, HENRY L.; C&H DEVELOPERS PROPERTIES, LLC

Case summary

12/8/2009 - ADMINISTRATIVE COMPLIANCE ORDER. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF COTTONSEED BRANCH FLOWING INTO A NAVAGABLE WATER OF THE U.S. (PEARL RIVER) VIA THE STRONG RIVER. THE SITE IS LOCATED IN THE MIDDLE PEARL-STRONG RIVER WATERSHED, AN EPA, REGION 4 DESIGNATED PRIORITY WATERSHED. THE SITE IS LOCATED IN PINOLA, SIMPSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDUAL DEVELOPMENT. MS. CATHERINE MONGOMERY, MR. HENRY L. SLOAN, AND C&H DEVELOPERS & PROPERTIES, LLC, AT ALL TIMES RELEVANT TO THIS ORDER, WERE THE OWNERS OR OPERATORS OF THE PARCEL OF LAND, COMPRISED OF 76.96 ACRES LOCATED SOUTH OF SIMPSON HWY 28 WEST IN PINOLA, MS, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT DEC 2008 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUARY OF COTTONSEED BRANCH FLOWING INTO A NAVAGABLE WATER OF THE U.S. (THE PEARL RIVER), VIA THE STRONG RIVER). THE SITE IN LOCATED IN THE MIDDLE PEARL-STRONG RIVER WATERSHED, AN EPA, REGION 4 DESIGNATED PRIORITY WATERSHED.

Defendants (3)

• MONTGOMERY, CATHERINENamed in settlement
• C&H DEVELOPERS & PROPERTIES, LLCNamed in settlement
• SLOAN, HENRY L.Named in settlement

Facilities (1)

• WETLANDS (CATHERINE MONTGOMERY AND HENRY L. SLOAN/C&H DEVELOPERS & PROPERTIES)

  SIMPSON HIGHWAY 28 WEST, PINOLA, MS, 39149

  Registry ID: 110040413157

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MONTGOMERY, CATHERINE; SLOAN, HENRY L.; C&H DEVELOPERS PROPERTIES, LLCentered 2009-12-08

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-08Final Order Issued
• 2009-12-30Enforcement Action Data Entered