EPA v. DAVIS, JAMES / DAVIS, SEAN

Case summary

10/13/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OR ABOUT JUNE 20, 2008, TO THE PRESENT, RESPONDENT, OR THOSE ON BEHALF OF RESPONDENT, USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF A DAM AND IMPOUNDMENT AT THE SITE. RESPONDENT'S ACTIVITIES AT THE SITE IMPACTED APPROXIMATELY 6.2 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROXIMATELY 1100 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM (THE DISCHARGE AREA). THE UNNAMED PERENNIAL STREAM IS A PERENNIAL TRIBUTARY OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 30, 2008, TO THE PRESENT DID RESPONDENT OBTAIN A PERMIT PURSUANT TO SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES. THEREFORE, RESPONDENT VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT ISSUED PURSUANT TO SECTION 404 OF THE CWA.

Defendants (2)

• DAVIS, JAMES (SB)Named in settlement
• DAVIS, SEAN (SB)Named in settlement

Facilities (1)

• WETLANDS - DAVIS, JAMES / SEAN DAVIS

  3350 NEW EBENEZER ROAD, SECTION 35, TOWNSHIP 6 NOR, PACE, FL, 32571

  Registry ID: 110040055800

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DAVIS, JAMES / DAVIS, SEANentered 2010-10-13

  Primary law: CWA

Timeline (2 milestones)

• 2010-10-13Final Order Issued
• 2010-11-17Enforcement Action Data Entered