EPA v. DANIELS, ASHLEY

Case summary

12/11/2009 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IMPACTING APPROX 1.4 ACRES WITHIN MUDDY CREEK. MUDDY CREEK IS A TIDALLY-INFLUENCED NAVAGABLE WATER OF THE U.S. THE SITE IS LOCATED AT THE END OF MILL ROAD IN AURORA, BEAUFORT COUNTY, NC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE OPERATION OF THE PROPELLER OF A 48.5-FOOT TRAWLER, TO WASH, KICK, OR DISLODGE THE BOTTOM SUBSTRATE TO CREATE A BASIN. MR. ASHLEY DANIELS, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MARCH 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. USING THE PROPELLER OF THE 48.5-FOOT TRAWLER CHALLIE. RESPONDENT'S UNAUTHORIZED ACTIVITES IMPACTED APPROX 1.4 ACRES OF MUDDY CREEK BOTTOM. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: A. 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. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. D. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENT 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 (1)

• DANIELS, ASHLEYNamed in settlement

Facilities (1)

• WETLANDS (ASHLEY DANIELS PROPERTY)

  END OF MILL ROAD, AURORA, NC, 27806

  Registry ID: 110040416877

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DANIELS, ASHLEYentered 2009-12-11

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-11Final Order Issued
• 2009-12-22Enforcement Action Data Entered