EPA v. GEORGIA DEPARTMENT OF TRANSPORTAITON (GDOT) AUGUSTA - I-20 & I-520 INTERCHANGE PROJECT

Case summary

8/1/11 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING 1,478 LINEAR FEET WITHIN CRANES CREEK, RAES CREEK, ROCK CREEK AND ASSOCIATED TRIBUTARIES, WHICH FLOW INTO THE AUGUSTA CANAL, A NAVIGABLE WATER OF THE U.S. THE DEPOSITION OCCURRED IN CONNECTION WITH THE GDOT'S INTERSTATE 20/520 INTERCHANGE ROAD PROJECT IN AUGUSTA, GA (PROJECT NUMBERS NM-IM-520-1(15), NH-AM-20-2(145), CSHNS-0008-22(219). WETLAND IMPACTS FOR THE PROJECT WERE AUTHORIZED BY THE ARMY COE (USACE) NATIONWIDE PERMIT NUMBER 200600117 DATED FEB 17, 2006. NO STREAM IMPACTS WERE AUTHORIZED UNDER THIS PERMIT. THE USACE WAS NOTIFIED BY GDOT VIA EMAIL ON SEPT 2, 2009, THAT APPROX 1,043 LINEAR FEET OF STREAM HAD BEEN IMPACTED WITHOUT PRIOR AUTHORIZATION. THE UNAUTHORIZED IMPACTS WERE DISCOVERED BY GDOT DURING THE ENVIRONMENTAL RE-EVALUATION PROCESS FOR PROPOSED CONSTRUCTION OF NOISE BARRIERS. EPA CONDUCTED SITE VISITS IN MARCH 2010 AND JUNE 2010 AND IDENTIFIED 1,277 LINEAR FEET OF IMPACTS. THESE IMPACT AMOUNTS WERE DISCUSSED WITH GDOT REPRESENTATIVES AT A MEETING ON MARCH 15, 2011. GDOT REPRESENTATIVES DISCLOSED ADDITIONAL IMPACTS TO EPA ON MAY 13, 2011. EPA HAS DETERMINED THAT 1,478 LINEAR FEET OF JURISDICTIONAL WATERS HAVE BEEN IMPACTED AS A RESULT OF GDOT'S UNAUTHORIZED ACTIVITIES. COMMENCING ON OR ABOUT JUNE 1, 2007, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES IN CONNECTION WITH WIDENING AND RECONSTRUCTION OF A PORTION OF I-20 FROM BELAIR ROAD EAST OT RIVERWATCH PARKWAY. TO PRESENT, THE UNAUTHORIZED DREDGED ANDO

Defendants (2)

• GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT)Named in settlement
• INTERSTATE I-20 AND I-520 INTERCHANGE PROJECTNamed in settlement

Facilities (1)

• WETLANDS - GEORGIA DEPARTMENT OF TRANSPORTATION (NH-IM-520-1(15), NH-IM-20-2(145

  I-20 AT I-520, AUGUSTA, GA, 30909

  Registry ID: 110044218726

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GEORGIA DEPARTMENT OF TRANSPORTAITON (GDOT) AUGUSTA - I-20 & I-520 INTERCHANGE PROJECTentered 2011-08-01

  Primary law: CWA

Timeline (2 milestones)

• 2011-08-01Final Order Issued
• 2011-08-17Enforcement Action Data Entered