EPA v. HELTON, STACER

Case summary

3/2/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISIDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 4,500 LINEAR FEET OF ROBINSON CREEK AND ITS ASSOCIATED WETLANDS, LOCATED OFF OF MIDDLE HILL ROAD, SANDERSVILLE, WASHINGTON COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A 65-ACRE LAKE IN WATERS OF THE U.S. RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED OF MIDDLE HILL ROAD NEAR SANDERSVILLE, GA, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2006 TO JUNE 2007, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING MECHANIZED EQUIPMENT, DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH THE CONSTRUCTION OF A LAKE WITHIN ROBINSON CREEK. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4,500 LINEAR FEET OF ROBINSON CREEK, A TRIBUTARY TO KEG CREEK, WHICH IS A TRIBUTARY TO BUFFALO CREEK, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE ARE FROM MAY 2006 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: A. RESPONDENT IS ORDERED NOT TO CONDUCT ANY ADDITIONAL ACTIVITIES AT THE SITE THAT INVOLVES THE UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT UNDER CWA 404 AND CONFERRING WITH EPA. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NO RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVAL OF FILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS, INCLUDING THE REMOVAL OF THE DAM STRUCTURES, RESTORATION OF IMPACTED AREAS TO ORIGINAL GRADE AND CONTOUR USING NATURAL STREAM CHANNEL DESIGN; AND (c) REPLANTING OF THE RIPARIAN CORRIDOR TO PRE-IMPACT CONDITIONS USING NATIVE VEGETATION. THE PLAN SHOULD ALSO INCLUDE: (1) A 5-YR MONITORING PLAN WITH ANNUAL MONITORING REPORTS, SUCCESS CRITERIA, A CONTINGENCY PLAN SHOULD THE SUCCESS CRITERIA FAIL; AND (2) A SCHEDULE FOR RESTORATION PLAN IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE REVISED SITE RESTORAITN PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE REVISED RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• HELTON, STACERNamed in settlement

Facilities (1)

• WETLANDS (HELTON, W. STACER)

  MIDDLE HILL ROAD, SANDERSVILLE, GA, 31082

  Registry ID: 110043465434

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HELTON, STACERentered 2011-03-02

  Primary law: CWA

Timeline (2 milestones)

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