EPA v. PACE, KARL/ WYSOCKING WILDLIFE SANCTUARY

Case summary

1/25/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES INCLUDING APPROXIMATELY THREE ACRES OF TIDAL AND FRESHWATER WETLANDS ADJACENT TO AND ABUTTING HICKORY CREEK AND WYSOCKING BAY. HICKORY CREEK AND WYSOCKING BAY ARE NAVIGABLE WATERS OF THE UNITED STATES. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF DIKES IN WATERS OF THE UNITED STATES. COMMENCING ON OR ABOUT NOVEMBER 24, 2008, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF DIKES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM NOVEMBER 24, 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OF THE CWA. THEREFORE, RESPONDENT VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED MAY 20, 2010, AND REVISED JUNE 29, 2010, BY BLACK RIVER ENVIRONMENTAL CONSULTING, LLC, ON BEHALF OF RESPONDENT. THE RESTORATION WILL INCLUDE: REMOVAL OF FILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS; RESTORATION OF FILL AREAS TO ORIGINAL GRADE AND CONTOUR; STABILIZATION OF AFFECTED AREAS; REPLANTING WETLAND SPECIES; IDENTIFICATION AND PROTECTION OF OVER WASH AREAS PRIOR TO RESTORATION; REMOVAL OF TIDE FLAP FROM CONCRETE PIPE; INVASIVE SPECIES AND PEST MANAGEMENT ACTIVITIES; AND LONG TERM MONITORING AND REPORTING OF RESTORATION PLAN SUCCESS. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUST BE COMPLETED BY MARCH 31, 2011. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA IN ACCORDANCE WITH RESTORATION AND MONITORING PLAN WHICH REQUIRES BIANNUAL INSPECTION FOR 5 YEARS AFTER COMPLETION OF THE REQUIRED CONSTRUCTION AND REVEGETATION ACTIVITIES. AT EACH INSPECTION, THE RESPONDENT SHALL REPLACE ENOUGH DEAD PLANTS TO ENSURE THAT AT LEAST 80 PERCENT OR 320 SEEDLINGS PER ACRE OF THE ORIGINAL NUMBER OF PLANTS INSTALLED ARE ALIVE. AN ANNUAL MONITORING REPORT SHALL BE SUBMITTED WITHIN 20 DAYS OF EACH OF THE ANNUAL INSPECTIONS, THE RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOGRAPHS FROM THE SAME LOCATION; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; 4. ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE OR REACH AN 80 PERCENT SUCCESS RATE FOR VEGETATIVE BUFFER ESTABLISHMENT.

Defendants (2)

• WYSOCKING WILDLIFE SANCTUARY (SB)Named in settlement
• PACE, KARL (SB)Named in settlement

Facilities (1)

• WETLANDS - WYSOCKING WILDLIFE SANTUARY

  3910 GULL ROCK ROAD, ENGELHARD, NC, 27824

  Registry ID: 110041218394

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PACE, KARL/ WYSOCKING WILDLIFE SANCTUARYentered 2010-01-25

  Primary law: CWA

Timeline (2 milestones)

• 2010-01-25Final Order Issued
• 2010-03-02Enforcement Action Data Entered