EPA v. PARKS, WILLIAM A.

Case summary

8/14/10 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURIDICTION WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 4.74 ACRES OF FORESTED WETLANDS LYING ADJACENT TO SIMPLSON CREEK, A CHANNELIZED PERENNIAL TRIBUTARY OF THE WACCAMAW RIVER, NORTH OF DAISY ROAD, NEAR LORIS, HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED AS A RESULT OF MECHANIZED LAND CLEARING AND SITE PREPARATION FOR RESIDENTIAL DEVELOPMENT. THE CHARLESTON DISTRICT OF CORPS OF ENGINEERS (COE) AND EPA INSPECTED THE SITE ON AUG 26, 2006, AND CONFIRMED THAT APPROX 5 ACRES OF WETLANDS HAD BEEL FILLED. THE COE TRANSFERRED THE ENFORCEMENT ACTION TO EPA FOR RESOLUTION ON OCT 11, 2006. OWNERSHIP OF THE SITE HAS BEEN TRANSFERRED 3 TIMES SINCE THE ORIGINAL VIOLATION OCCURRED, CULMINATING WITH RESPONDENT'S PURCHASE OF THE PROPERTY ON JULY 14, 2010. NO CWA SECTION 404 PERMIT HAS BEEN ISSUED BY THE COE THAT AUTHORIZED RESPONDENT TO CONDUCT THE ABOVE ACTIVITIES IN WATER OF THE U.S. ORDER REQUIRES: A. APPLY TO THE COE FOR A NATIONWIDE PERMIT 32 FOR THE FILL MATERIAL REMAINING IN PLACE WITHIN 60 DAYS. B. MITIGATE FOR THE 4.74 ACRES OF FILL LEFT IN PLACE THRU THE PURCHASE OF 5 ACRES OF FORESTED WETLANDS LYING ADJACENT TO THE PEE DEE RIVER. C. PROVIDE PERPETUAL PROTECTION OF THE MITIGATION ACREAGE BY DONATING THE LAND TO THE WACCAMAW RIVER NATIONAL WILDLIFE REFUGE. IF OWNERSHIP OF THE AREA DESCRIBED IN THIS CACO IS TRANSFERRED PRIOR TO COMPLETION OF THE REQUIREMENTS OF THIS AGREEMENT, SUCH TRANSFER WILL NOT ABSOLVE RESPONDENT FROM THE RESPONSIBILITY OF IMPLEMENTING AND COMPLETING THE OBLIGATIONS UNDER THIS AGREEMENT OR INSURING THAT THESE REQUIREMENTS HAVE BEEN MET. COMPLETION OF THE REQUIREMENTS OF THIS AGREEMENT WILL REMAIN THE RESPONSIBILITY OF THE RESPONDENT.

Defendants (1)

• PARKS, WILLIAM A.Named in settlement

Facilities (1)

• WETLANDS (PARKS, WILLIAM A.)

  DAISY ROAD, LORIS, SC, 29569

  Registry ID: 110042336601

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PARKS, WILLIAM A.entered 2010-08-25

  Primary law: CWA

Timeline (2 milestones)

• 2010-08-25Final Order Issued
• 2010-08-26Enforcement Action Data Entered