EPA v. DIEFENTHALER, DEBBIE

Case summary

6/3/11 - 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 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO WHITE OAK SWAMP. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING FOR SITE PREPARATION FOR A PASTURE. THE FOLLOWING FACTS ARE TRUE AND SUBSTANTIATED: A. THE U.S. ARMY CORPS OF ENGINEERS (CORPS) ISSUED A CEASE AND DESIST ORDER TO MS. DEBBIE DIEFENTHALER ON AUG 19, 2008. B. THE CORPS REFERRED THIS CASE TO EPA FOR RESOLUTION ON FEB 5, 2009. C. EPA ISSUED A CWA SEC 308 INFO REQUEST AS WELL AS A CWA 309(a) ORDER TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. TO THE RESPONDENT ON APR 22, 2009. THE RESPONDENT WAS ALSO ORDERED TO SUBMIT A SITE RESTORATION PLAN THAT INCLUDED THE REMOVAL OF UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED INTO WETLANDS AND WATERS OF THE U.S. AND THE RESTORATION OF IMPACTED WETLANDS AND WATERS OF THE U.S. AT THE DISCHARGE AREA. D. RESPONDENT PROVIDED THE INFO REQUEST RESPONSE ON MAY 24, 2009. E. EPA CONDUCTED A SITE INSPECTION ON JULY 20, 2009 AND CONFIRMED THE PRESENCE OF UNAUTHORIZED IMPACTS TO WETLANDS AND WATERS OF THE U.S. F. RESPONDENT SUBMITTED A FINAL RESTORATION PLAN TO EPA ON FEB 17, 2011. COMMENCING DURING JULY 2008 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING A BACKHOE AND A TRACTOR WITH A ROOT RAKE, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE MECHANICAL LAND CLEARING OF WETLANDS FOR CONVERSION TO A PASTURE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 305 ACRES OF WETLANDS THAT ARE ADJACENT TO WHITE OAK SWAMP, TRIBUTARY TO KINGSTON LAKE, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED FEB 17, 2011. B. RESPONDENT SHALL NOTIFIED EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 15 DAYS. RESTORATION MUST BE COMPLETED BY SEPT 1, 2011. WITHIN 30 DAYS AFTER COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN REPORT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPONDENT WILL PERFORM THE FOLLOWING: i. INSTALL PERMANENT POSTS, AT INTERVALS NOT TO EXCEED 200 FT, ALONG THE WETLAND BOUNDARY SURROUNDING THE DISCHARGE AREA THAT IS ADJACENT TO THE REMAINING OPEN AREAS; ii. ALLOW THE NATURAL VEGETATION ON SITE TO REGENERATE AND REESTABLISH THE WETLAND PLAN COMMUNITY; iii. REFRAIN FROM FURTHER MANIPULATION OR AGRICULTURAL ACTIVITY IN WETLANDS LOCATED WITHIN THE DISCHARGE AREA. D. RESPONDENT SHALL INSPECT RESTORED AREA ANNUALLY FOR 2 YRS AFTER COMPLETION. RESPONDENT SHALL TAKE PHOTOS AND NOTE VEGETATION GROWTH. WITHIN 30 DAYS OF EACH ANNUAL INSPECTION, RESPONDENT MUST SUBMIT A REPORT TO EPA. E. SHOULD NATURAL VEGETATION NOT REESTABLISH, EPA RESERVES THE RIGHT TO REQUIRE ADD'L WORK AND/OR PLANTINGS TO BE COMPLETED.

Defendants (1)

• DIEFENTHALER, DEBBIENamed in settlement

Facilities (1)

• DIEFENTHALER, DEBBIE

  2320 TANSY ROAD, LORIS, SC, 29569

  Registry ID: 110038394868

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DIEFENTHALER, DEBBIEentered 2011-06-03

  Primary law: CWA

Timeline (2 milestones)

• 2011-06-03Final Order Issued
• 2011-06-16Enforcement Action Data Entered