EPA v. ALLEN, WESLEY J.

Case summary

12/8/10 - 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 56 ACRES OF FORESTED WETLANDS ADJACENT TO CROSS BRANCH. CROSS BRANCH IS IN INDIRECT TRIBUTARY TO THE WACCAMAW RIVER, A NAVAGABLE WATER OF THE U.S. THE SITE IS LOCATED SOUTH OF BAKERS CHAPEL ROAD IN AYNOR, HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING AND FILLING OF THE SITE FOR A RUNWAY AND AGRICULTURAL USE. THE ARMY CORPS OF ENGINEERS (COE) REFERRED THE ENFORCEMENT CASE TO EPA IN NOV 2009. EPA ISSUED AN ADMIN COMPLIANCE ORDER TO THE RESPONDENTS ON DEC 11, 2009. COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING MECHANIZED LAND CLEARING. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 56 ACRES OF WETLANDS ADJACENT TO CROSS BRANCH. CROSS BRANCH IS AN INDIRECT TRIBUTARY OF THE WACCAMAW RIVER, A NAVAGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JULY 2009 TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING ACTIVITIES PERFORMED BY RESPONDENTS. RESPONDENTS AGREE TO THE FOLLOWING: A. RESTORE THE IMPACTED 56-ACRE SITE, ACCORDING TO THE WETLAND RESTORATION PLAN PREPARED BY BEAM & ASSOCIATES AND DATED APR 23, 2010. B. RESPONDENTS SHALL INSPECT THE RESTORATION AREA UPON THE INITIAL PLANTING OF FORSTED WETLAND SPECIES, AND ANNUALLY FOR 5 YEARS AFTER COMPLETION OF INITIAL PLANTING, TO DETERMINE SUCCESS OF THE RESTORATION EFFORT. AT EACH INSPECTION, THE RESPONDENTS SHALL REPLACE NON-SURVIVING FORESTED WETLAND SPECIES WITH VIABLE FORESTED WETLAND SEEDLINGS TO ATTAIN THE RESTORATIN PLAN'S ANNUAL SUCCESS CRITERIA OF AT LEAST 200 PLANTED STEMS PER ACRE. WITHIN 45 DAYS OF EACH OF THE INSPECTIONS, THE RESPONDENTS 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. THE NUMBER OF FORSTED WETLAND SEEDLINGS REQUIRED TO ATTAIN THE RESTORATION PLAN'S SUCCESS CRITERIA OF 200 FORESTED WETLAND SPECIES PER ACRE. C. IF THE SURVIVAL CRITERION IS NOT MET AFTER THE 5-YEAR 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 (1)

• ALLEN, WESLEY J.Named in settlement

Facilities (1)

• WETLANDS (J. WESLEY ALLEN AND EDWARD ALLEN)

  S. OF BAKERS CHAPEL ROAD (E. OF BAY WATER ROAD), AYNOR, SC, 29511

  Registry ID: 110041889212

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ALLEN, WESLEY J.entered 2010-12-08

  Primary law: CWA

Timeline (2 milestones)

• 2010-12-08Final Order Issued
• 2011-01-05Enforcement Action Data Entered