EPA v. BENNETT, KENNETH

Case summary

02/25/2011 - ADMINISTRATIVE 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 4.4 ACRES OF WETLANDS ADJACENT TO REEDY CREEK NEAR THE CITY OF PAVO, THOMAS COUNTY, GA. MR. KENNETH BENNETT, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 524.97 ACRES LOCATED ADJACENT TO SALEM ROAD SOUTH OF THE INTERSECTION WITH HWY 33 IN THOMAS COUNTY, GA THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2010 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 IN CONNECTION WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.4 ACRES OF FRESHWATER WETLANDS ADJACENT TO REEDY. REEDY CREEK FLOWS TO MULE CREEK, A TRIBUTARY OF OKAPILCO CREEK. OKAPILCO CREEK IS A TRIBUTARY OF THE WITHLACOOCHEE RIVER, WHICH IS A TRIBUTARY OF THE SUWANNEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL FROM MAY 2010 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. RESPONDENT AGREES TO THE FOLLOWING: A. RESTORATION OF THE EXCAVATED DITCH AND OTHER IMPACTED WETLAND AREAS. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION WORK, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPODNENT SHALL INSPECT THE RESTORED AREA AT ONE YEAR AFTER THE COMPLETION OF THE RESTORATION AND SUBMIT A REPORT DETAILING THE SUCCESS OF THE REPLANTING. RESPONDENT SHALL ENSURE AT LEAST A 70 PERCENT SURVIVAL RATE OF PLANTED SEEDLINGS.

Defendants (1)

• BENNETT, THOMASNamed in settlement

Facilities (1)

• WETLANDS (BENNETT, KENNETH)

  ADJ TO SALEM ROAD, S OF INTERSECTION W/ HWY 33, PAVO, GA, 31778

  Registry ID: 110041883780

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BENNETT, KENNETHentered 2011-02-25

  Primary law: CWA

Timeline (2 milestones)

• 2011-02-25Final Order Issued
• 2011-03-14Enforcement Action Data Entered