EPA v. COBB, TOMMY / G&C CONSTRUCTION, LLC

Case summary

9/14/10 - 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 A REACH OF AN UNNAMED PERENNIAL TRIBUTARY OF MOUNGERS CREEK, FLOWING INTO BLUFF CREEK AND APPROX 1 ACRE OF ABUTTING JURISDICTIONAL WETLANDS. THE SITE IS LOCATED IN VANCLEAVE, JACKSON COUNTY, MS. MR. TOMMY COBB WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 40 ACRES LOCATED EAST OF MCGREGOR ROAD IN VANCLEAVE, MS THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT DEC 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES ASSOCIATED WITH A PROPOSED MINING OPERATION. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED AN UNNAMED PERENNIAL TRIBUTARY OF MOUNGER CREEK AND APPROX 1 ACRE OF ABUTTING, JURISIDCTIONAL WETLANDS. AT NOTIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL 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, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLANS SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: a) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; b) RESTORE THE IMPACTED WETLANDS; AND c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS TO RESPONDENT. D. IF EPA PROVIDES COMMENTS, 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 (2)

• COBB, TOMMYNamed in settlement
• G&C CONSTRUCTIONNamed in settlement

Facilities (1)

• WETLANDS (TOMMY COBB/G&C CONSTRUCTION, LLC)

  EAST OF MCGREGOR ROAD, VANCLEAVE, MS, 39565

  Registry ID: 110042351923

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• COBB, TOMMY / G&C CONSTRUCTION, LLCentered 2010-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2010-09-14Final Order Issued
• 2010-09-14Enforcement Action Data Entered