EPA v. LOWE, GLENN EDWARD

Case summary

3/3/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. WITHIN DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF A RECREATIONAL LAKE. THE SITE IS LOCATED WEST OF OLD RIVER ROAD IN BAKER, OKALOOSA COUNTY, FL. MR. GLENN EDWARD LOWE, RESPONDENT, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 76.28 ACRES LOCATED WEST OF OLD RIVER ROAD IN BAKER, FL, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT AUGUST 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 DURING CONSTRUCTION OF A RECREATIONAL LAKE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA, FROM AUG 2010 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE 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) REMOVE THE DAM AND RESTORE THE IMPACTED STREAM CHANNEL; (b) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; AND (c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. D. IF EPA PROVIDE COMMENTS ON THE PLAN, 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 (1)

• LOWE, GLENN EDWARDNamed in settlement

Facilities (1)

• WETLANDS (LOWE, GLENN EDWARD)

  WEST OF OLD RIVER ROAD, BAKER, FL, 32531

  Registry ID: 110043468681

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LOWE, GLENN EDWARDentered 2011-03-03

  Primary law: CWA

Timeline (2 milestones)

• 2011-03-03Final Order Issued
• 2011-03-15Enforcement Action Data Entered