EPA v. DAVIS, JAMES / DAVIS, SEAN

Case summary

12/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JUNE 30, 2008, TO THE PRESENT, RESPONDENTS OR THOSE ACTING ON BEHALF OF RESONDENTS USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF A DAM AND PRIVATE LAKE AT THE SITE. RESPONDENTS' ACTIVITIES AT THE SITE IMPACTED APPROX 6 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROX 1100 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM. THE UNNAMED PERENNIAL STREAM IS A PERENNIAL TRIBUTARY OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 30, 2008, TO THE PRESENT DID RESPONDENTS OBTAIN A PERMIT PURSUANT TO SEC 404 OF THE CWA AUTHORIZING THE ACTIVITIES.

Defendants (2)

• DAVIS, JAMES (SB)Named in complaintNamed in settlement
• DAVIS, SEAN (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - DAVIS, JAMES / SEAN DAVIS

  3350 NEW EBENEZER ROAD, SECTION 35, TOWNSHIP 6 NOR, PACE, FL, 32571

  Registry ID: 110040055800

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DAVIS, JAMES / DAVIS, SEANentered 2010-12-27

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2010-12-27Final Order Issued
• 2010-12-27Complaint Filed/Proposed Order
• 2011-01-05Enforcement Action Data Entered
• 2011-02-22Enforcement Action Closed