EPA v. PACE, KARL / WYSOCKING WILDLIFE SANCTUARY

Case summary

7/14/2010 - ADMINISTRATIVE 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 ACRES OF TIDAL AND FRESHWATER WETLANDS ADJACENT TO AND ABUTTING HICKORY CREEK AND WYCOCKING BAY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF DIKES IN WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT NOV 24, 2008 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED MAY 20, 2010 AND REVISED JUNE 29, 2010. 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 MGMT ACTIVITIES; AND LONG TERM MONITORING AND REPORTING OF RESTORATION PLAN SUCCESS. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORAITON 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. C. RESPONDENT SHALL INSPECT THE RESTORED AREA IN ACCORDANCE WITH RESTORATION AND MONITORING PLAN, WHICH REQUIRED BIANNUAL INSPECTION FOR 5 YRS 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 ACRES 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 LOCATIONS; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; AND 4. ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE OR REACH AN 80 PERCENT SUCCESS RATE FOR VEGETATIVE BUFFER ESTABLISHMENT.

Defendants (2)

• PACE, KARLNamed in settlement
• WYSOCKING WILDLIFE SANCTUARYNamed 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 2010-07-14

  Primary law: CWA

Timeline (2 milestones)

• 2010-07-14Final Order Issued
• 2010-08-23Enforcement Action Data Entered