EPA v. FLORIDA FISH AND WILDLIFE COMMISSION

Case summary

3/10/11 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 22 ACRES OF JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. DURING THE CONSTRUCTION OF A CHANNEL APPROX 1.5 MILES LONG, 12 TO 20 FEET WIDE, WITH SOME WIDER AREAS, AND 2 TO 5 FEET DEEP IN FRESHWATER WETLANDS KNOWN AS COWBONE MARSH, ADJACENT TO AND ABUTTING FISHEATING CREEK. FISHEATING CREEK IS A NAVIGABLE WATER OF THE U.S.. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF AN UNAUTHORIZED NAVIGATION CHANNEL IN WATERS OF THE U.S. COMMENCING ON OR ABOUT APR 1, 2010 TO MAY 31, 2010, 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 ACTIVITIES ASSOCIATED WITH THE EXCAVATION AND CONSTRUCTION OF A CHANNEL WITHIN COWBONE MARSH. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 22 ACRES OF FRESHWATER WETLANDS DOMINATED BY SHRUBS, HERACEOUS HYDORPHYTES, AND TREES ADJACENT TO AND ABUTTING FISHEATING CREEK. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.

Defendants (1)

• FLORIDA FISH AND WILDLIFE COMMISSIONNamed in settlement

Facilities (1)

• WETLANDS (FLORIDA FISH AND WILDLIFE COMMISSION)

  620 SOUTH MERIDIAN STREET, TALLAHASSEE, FL, 32399

  Registry ID: 110043461394

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FLORIDA FISH AND WILDLIFE COMMISSIONentered 2011-03-10

  Primary law: CWA

Timeline (2 milestones)

• 2011-03-10Final Order Issued
• 2011-03-17Enforcement Action Data Entered