EPA v. GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) AUGUSTA - WALTON WAY EXTENSION

Case summary

8/1/11 - 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 439 LINEAR FEET WITHIN CRANES CREEK. WETLAND AND SOME OF THE STREAM IMPACTS ASSOCIATED WITH THIS GDOT ROAD PROJECT (IDENTIFIED AS PROJECT STP-7006(6)) WERE AUTHROIZED BY A U.S. ARMY COE NATIONWIDE PERMIT NUMBER 200205950 DATED SEPT 21, 2004. HOWEVER, STREAM IMPACTS TO 439 LINEAR FEET WITHIN CRANES CREEK WERE NOT AUTHORIZED UNDER THIS PERMIT. THE USACE WAS NOTIFIED OF THE STREAM IMPACTS BY GDOT VIA EMAIL ON SEPT 2, 2009. THE UNAUTHORIZED IMPACTS WERE DISCOVERED BY GDOT DURING AN ENVIRONMENTAL RE-EVALUATION PROCESS FOR PROPOSED CONSTRUCTION OF NOISE BARRIERS. COMMENCING ON OR ABOUT SEPT 1, 2005, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE 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 THE WALTON WAY ROAD CONSTRUCTION PROEJCT. TO PRESENT, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED 439 LINEAR FEET OF JURISDICTIONAL WATERS WITHIN CRANES CREEK WHICH FLOWS INTO THE AUGUSTA CANAL, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE USACE FOR AN AFTER-THE-FACT PERMIT. IF GRANTED, RESPONDENT SHALL COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE USACE PERMIT, INCLUDING, BUT NOT LIMITED TO, PAYMENT OF COMPENSATORY MITIGATION. B. RESPONDENT SHALL NOTIFY EPA OF THE PERMIT APPLICATION WITHIN 30 DAYS OF SUBMISSION. EPA SHALL BE PROVIDED A COPY OF THE AUTHORIZATION (IF GRANTED) WITHIN 30 DAYS OF ISSUANCE. EPA SHALL ALSO BE PROVIDED DOCUMENTATION SHOWING COMPLIANCE WITH PAYMENT OF COMPENSATORY MITIGATION WITHIN 30 DAYS OF PAYMENT.

Defendants (2)

• GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT)Named in settlement
• WALTON WAY ROAD PROJECTNamed in settlement

Facilities (1)

• WETLANDS - GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) - WALTON WAY EXTENSION

  WALTON WAY EXTENSION, AUGUSTA, GA, 30909

  Registry ID: 110044218717

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) AUGUSTA - WALTON WAY EXTENSIONentered 2011-08-01

  Primary law: CWA

Timeline (2 milestones)

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