EPA v. SLOAN, KEVIN / TRIPLE E INVESTMENTS, LLC / LARRY SLOAN REAL ESTATE CO., LLC

Case summary

12/7/2011 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING IMPACTS TO 22.9 ACRES OF FORESTED WETLANDS AND APPROX 3,300 LINEAR FEET OF UNNAMED TRIBUTARIES THAT FLOW INTO PINE BARREN CREEK. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING, FILLING, AND IMPOUNDMENT OF JURISDICTIONAL WATERS OF THE U.S. FOR PURPOSES OF CONSTRUCTION OF TWO DAMS AND A 77-ACRE PRIVATE RECREATIONAL LAKE. ON MAY 20, 2008, THE U.S. ARMY COE CONDUCTED AN INSPECTION OF THE DISCHARGE AREA AND OBSERVED UNAUTHORIZED DREDGED AND/OR FILL MATERIAL IN JURISDICTIONAL WATERS OF THE U.S. THE CORPS THEREAFTER ISSUED A CEASE AND DESIST ORDER ON JUNE 2, 2008. EPA ISSUED AN ADMIN ORDER (CWA-04-2010-5756) TO THE SITE OPERATOR, KEVIN SLOAN, ON DEC 14, 2009, TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND TO SUBMIT A RESTORATION PLAN TO RESTORE THE UNAUTHORIZED IMPACTS CAUSED BY THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL DURING THE CONSTRUCTION OF TWO DAMS AND THE CREATION OF A 77-ACRE PRIVATE RECREATIONAL LAKE. IN COMPLIANCE WITH EPA'S ADMIN ORDER, RESPONDENT KEVIN SLOAN SUBMITTED A RESTORATION PLAN AND SUBSEQUENT REVISED PLANS IN RESPONSE TO EPA'S COMMENTS. EPA HAS APPROVED THE REVISED RESTORATION PLAN DATED NOV 3, 2011. LARRY SLOAN REAL ESTATE COMPANY, LLC AND TRIPLE INVESTMENTS LLC PURCHASED PARCELS OF LAND SOUTH OF WASHINGTON COUNTY ROAD 34 THAT COMTAINS THE DISCHARGE AREA ON JUNE 11, 2007, AND JULY 30, 2007. KEVIN SLOAN PERSONALLY CONDUCTED AND DIRECTED ACTIVITIES RESULTING IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF HTE U.S. AT THE SITE. THEREFORE, LARRY SLOAN REAL ESTATE COMPANY, LLC, TRIPLE E INVESTMENTS, LLC, AND KEVIN SLOAN (RESPONDENTS) AT ALL TIMES RELEVANT TO THIS ORDER WERE THE OWNERS AND/OR OPERATORS OF THE SITE. COMMENCING IN AUG 2007, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND UNNAMED TRIBUTARIES ON THE SITE USING TRACKHOES, BULLDOZERS, AND DUMP TRUCKS DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF TWO DAMS AND THE CREATION OF A 77-ACRE PRIVATE RECREATIONAL LAKE. TO PRESENTR, FILL REMAINS IN PLACE ON THE SITE. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3,300 LINEAR FEET OF STREAMS AND 22.9 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO THE PINE BARREN CREEK, WHICH IS AN INDIRECT TRIBUTARY TO THE TIMBIGBEE RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404.

Defendants (3)

• SLOAN, KEVINNamed in complaintNamed in settlement
• LARRY SLOAN REAL ESTATE COMPANY, LLCNamed in complaintNamed in settlement
• TRIPLE E INVESTMENTS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (SLOAN, KEVIN)

  SECTION 5, TOWNSHIP 7 NORTH, RANGE 2 WEST, BIGBEE, AL, 36558

  Registry ID: 110040413175

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SLOAN, KEVIN / TRIPLE E INVESTMENTS, LLC / LARRY SLOAN REAL ESTATE CO., LLCentered 2011-12-07

  Primary law: CWA

Timeline (2 milestones)

• 2011-12-07Final Order Issued
• 2011-12-21Enforcement Action Data Entered