EPA v. HUTCHESON, JOEL WAYNE / THE HUTCHESON COMPANY, INC.

Case summary

5/13/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 20 ACRES OF FRESHWATER WETLANDS AND/OR TIDAL SALT MARCH IN BUFFALO SWAMP, LOCATED AT 0 MCKENZIE ROAD, BRUNSWICK, GLYNN COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF ROADS FOR THE RETRIEVAL OF SALVAGE TIMBER AND THE ESTABLISHMENT OF VEGETATIVE FOOD PLOTS. COMMENCING ON OR ABOUT THE YEAR 2005 AND CONTINUING TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR THE CONSTRUCTION OF ROADS TO ACCESS SALVAGE TIMBER AND THE ESTABLISHMENT OF VEGETATIVE FOOD PLOTS. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 20 ACRES OF FRESHWATER WETLANDS AND TIDAL SALT MARSH IN BUFFALO SWAMP, WHICH LIES ADJACENT TO THE BUFFALO RIVER, A SECTION 10 NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM 2005 TO THE PRESENT DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. IMMEDIATELY RESPONDENTS 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, RESPONDENTS WILL NOTIFY EPA WHETHER OR NOT RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. C. WITHIN 60 DAYS, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLANS HOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (1) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (2) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENTS INTO WATERS OF THE U.S.; AND (3) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS, VEGETATION, SUCCESS CRITERIA, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. D. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENTS SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL.

Defendants (2)

• HUTCHESON, JOEL WAYNENamed in settlement
• HUTCHESON COMPANY, INC.Named in settlement

Facilities (1)

• WETLANDS (WAYNE HUTCHESON)

  0 MCKENZIE ROAD, BRUNSWICK, GA, 31523

  Registry ID: 110043460073

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• HUTCHESON, JOEL WAYNE / THE HUTCHESON COMPANY, INC.entered 2011-05-13

  Primary law: CWA

Timeline (2 milestones)

• 2011-05-13Final Order Issued
• 2011-06-01Enforcement Action Data Entered