EPA v. DEARMAN, GARY

Case summary

2/11/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES. THESE WATERS FLOW INTO A NAVIGABLE WATER OF THE U.S. (THE CHICKASAWHAY RIVER) WITHIN THE PASCAGOULA RIVER WATERSHED. THE SITE IS LOCATED SOUTH OF THE INTERSECTION OF LAKE GARY ROAD AND OLD AVERA ROAD IN LEAKESVILLE, GREENE COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF THREE AMENITY LAKES (54 ACREA, 41 ACRES, AND 42 ACRES IN SIZE) ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. COMMENCING ON OR ABOUT DECEMBER 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING LAKE CONSTRUCTION ASSOCIATED WITH RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL FROM DEC 2009 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. 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 RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, REPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B) RESTORATION OF THE IMPACTED REACHES OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES AS WELL AS THE REMOVAL OF DAMS AND RESTORATION OF THE FOOTPRINT OF THE LAKES AND DAMS; AND (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS TO THE RESPONDENT. D. IF EPA PROVIDE COMMENTS ON THE PLAN, 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)

• DEARMAN, GARYNamed in settlement

Facilities (1)

• WETLANDS (DEARMAN PROPERTY_

  S OF INTERSECTION OF LAKE GARY RD/OLD AVERA RD, LEAKESVILLE, MS, 39451

  Registry ID: 110041194999

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DEARMAN, GARYentered 2010-02-11

  Primary law: CWA

Timeline (2 milestones)

• 2010-02-11Final Order Issued
• 2010-02-23Enforcement Action Data Entered