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

Case summary

10/26/10 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. 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 NAVIGABLE 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. THE SITE IS LOCATED IN PINOLA, SIMPSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. THE VICKSBURG DISTRICT CORPS OF ENGINEERS (COE) INSPECTED THE SITE IN DEC 2008 AND CONFIRMED THAT SIGNIFICANT IMPACTS HAD OCCURRED IN WETLANDS ON THE SITE. THE COE TRANSFERRED THE ENFORCEMENT ACTION TO EPA FOR RESOLUTION IN AUG 2009. COMMENCING ON OR ABOUT DEC 2008 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF 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 TRIBUTARY OF COTTONSEED BRANCH FLOWING INTO A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404. RESPONDENTS AGREE TO THE FOLLOWING: A. RESTORE THE IMPACTED 3.5 ACRE SITE ACCORDING TO THE SITE RESTORATION PLAN PREPARED BY WETLAND CONSULTING SERVICES, INC.., DATED FEB 1, 2010. B. RESPONDENT SHALL INSPECT THE RESTORATION AREA UPON THE INITIAL PLANTING OF FORESTED WETLAND SPECIES, AND ANNUALLY FOR 5 YRS AFTER COMPLETION OF INITIAL PLANTING, TO DETERMINE SUCCESS OF THE RESTORATION EFFORT. AT EACH INSPECTION, RESPONDENT SHALL REPLACE NON-SURVIVING FORESTED WETLAND SPECIES WITH VIABLE FORESTED WETLAND SEEDLINGS TO ATTAIN THE RESTORATION PLAN'S ANNUAL SUCCESS CRITERIA OF AT LEAST 200 PLANTED STEMS PER ACRE. WITHIN 45 DAYS OF EACH OF THE INSPECTIONS, RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: - DATE OF INSPECTION; - COLOR PHOTOS FROM THE SAME LOCATIONS; - A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; AND - THE NUMBER OF FORESTED WETLAND SEEDLINGS REQUIRED TO ATTAIN THE RESTORATION PLAN'S SUCCESS CRITERIA OF 200 VIABLE FORESTED WETLAND SPECIES PER ACRE. IF THE SURVIVAL CRITERION IS NOT MET AFTER THE 5-YR MONITORING PERIOD, OR IF SIGNIFICANT ENVIRONMENTAL DEGRADATION HAS OCCURRED ON THE SITE, EPA MAY REQUIRE DEVELOPMENT, IMPLEMENTATION, AND MONITORING OF SUCCESSIVE RESTORATION PLAN(S).

Defendants (3)

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

• C&H DEVELOPERS & PROPERTIES, LLC/CATHERINE MONTGOMERY/HENRY L. SLOANentered 2010-10-26

  Primary law: CWA

Timeline (2 milestones)

• 2010-10-26Final Order Issued
• 2010-11-01Enforcement Action Data Entered