EPA v. FLORIDA FISH AND WILDLIFE COMMISSION

Case summary

4/25/11 - 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, 12-20 FEET WIDE, WITH SOME WIDER AREAS, AND 2-5 FEET DEEP IN FRESHWATER WETLANDS KNOWN AS COWBONE MARSH ADJACENT TO THE ABUTTING CREEK. FISHEATING CREEK IS A NAVAGIBLE 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 WATER ON THE SITE USING MECHANIZED EQUIPMENT, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE EXCAVATION AND CONSTRUCTION OF A CHANNEL WITHIN COWBONE MARSH. RESPONDENT'S UNAUTHORIZED IMPACTED APPROX 22 ACRES OF FRESHWATER WETLANDS DOMINATED BY SHRUBS, HERBACEOUS HYDROPHYTES, AND TREES ADJACENT TO AND ABUTTING FISHEATING CREEK. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: 1. THE PURPOSE OF THIS ORDER IS TO AUTHORIZE THE CONSTRUCTION OF FIVE REMAINING CHECK DAMS IN THE DISCHARGE AREA TO MINIMIZE THE LOSS OF GROUNDWATER, MINIMIZE THE FLOW VELOCITIES, REDUCE THE TRANSPORT OF SEDIMENT, AND PREVENT FURTHER IMPACTS TO COWBONE MARSH AND FISHEATING CREEK. THESE CHECK DAMS ARE INITIAL CORRECTIVE MEASURES AND ARE ONLY THE FIRST PHASE OF THE RESTORATION ACTIVITIES. THE FINAL RESTORATION PLAN WILL INCLUDE MEASURES FOR BACKFILLING THE UNAUTHORIZED CUT THROUGH COWBONE MARSH. 2. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. 3. RESPONDENT, THRU SUBMITTAL OF A SIGNED, SEALED CONSTRUCTION PLAN OF THE CHECK DAM AGREES TO IMMEDIATELY BEGIN INSTALLATION OF THE CHECK DAMS ACCORDING TO THE SUBMITTED APPROVED CONSTRUCTION PLANS AND AT THE LOCATIONS SPECIFIED IN THE DRAFT RESTORATION PLAN. 4. RESPONDENT SHALL ALSO PROVIDE A MAINTENANCE PLAN TO EPA NO LATER THAN MAY 31, 2011.

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 2011-04-25

  Primary law: CWA

Timeline (2 milestones)

• 2011-04-25Final Order Issued
• 2011-05-09Enforcement Action Data Entered