EPA v. RAY, WILLIAM S.

Case summary

10/26/10 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. ON JUNE 16, 2004, PERSONNEL FROM NCDENR CONDUCTED A SITE INSPECTION TO DETERMINE COMPLIANCE WITH THE NC SEDIMENTATION POLLUTION CONTROL ACT OF 1973 (NCGS 113A-50 TO 66). NCDENR ISSUED A NOV TO WILLIAM S. RAY. ON JULY 21, 2004, THE U.S. ARMY COE, WILMINGTON DISTRICT, CONDUCTED A SITE VISIT TO DETERMINE COMPLIANCE WITH CWA SECTION 404. COE REFERRED THE ENFORCEMENT CASE TO EPA ON OCT 24, 2005. EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER ON MAR 12, 2008. ON JUNE 2, 2009, RESPONDENT SIGNED A TOLLING AGMT TOLLING THE STATUTE OF LIMITATIONS PERIOD FROM JUNE 5, 2009, TO DEC 1, 2009. ON OCT 29, 2009, RESPONDENT SIGNED A SECOND TOLLING AGMT RUNNING FROM DEC 1, 2009 TO JUNE 1, 2010. ON MAY 17, 2010, RESPONDENT SIGNED A THIRD TOLLING AGMT RUNNING FROM JUNE 1, 2010, TO DEC 1, 2010. RESPONDENT WAS THE OWNER OF RAY-D-O-BIZ TOWERS, INC., TITLE OWNER OF A TRACT OF LAND LOCATED WITHIN THE CITY OF POWELLS POINT, CURRITUCK COUNTY, NC THAT CONTAINED THE DISCHARGE AREA. COMMENCING IN OR ABOUT APR 2004 TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT, CONDUCTED MECHANIZED LAND CLEARING AND THE EXCAVATION AND DISCHARGE OF DREDGED AND/OR FILL MATERIAL WITHIN FORESTED WETLANDS AND COASTAL MARSH WETLANDS USING EARTH MOVING MACHINERY. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.8 ACRES OF WETLANDS LYING ADJACENT TO THE CURRITUCK SOUND. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. RESPONDENT AGREES TO THE FOLLOWING: A. RESTORATION OF THE EXCAVATED DITCH AND OTHER IMPACTED WETLAND AREAS. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION WORK, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 3 YEARS AFTER COMPLETION OF INITIAL PLANTING AND SUBMIT MONITORING REPORTS.

Defendants (1)

• RAY, WILLIAM S.Named in settlement

Facilities (1)

• WILLIAM S. RAY

  OUTER BANKS, POWELLS POINT, NC, 27966

  Registry ID: 110024265524

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• RAY, WILLIAM S.entered 2010-10-26

  Primary law: CWA

Timeline (2 milestones)

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