EPA v. REAVIS, BEN

Case summary

2/9/2012 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED. ON JAN 6, 2009 AND AGIN ON JAN 30, 2009, THE U.S. ARMY CORPS OF ENGINEERS (COE) CONDUCTED TWO SEPARATE INSPECTIONS OF THE DISCHARGE AREA AND OBSERVED UNAUTHORIZED DREDGED AND/OR FILL MATERIAL IN JURISDICTIONAL WATERS OF THE U.S. THEREFORE, ON FEB 10, 2009, COE ISSUED A CEASE AND DESIST ORDER TO MR. BEN REAVIS. ON FEB 24, 2009, COE REFERRED THE CASE TO EPA REGION 4 FOR ENFORCEMENT. COE REFERRED THE CASE TO EPA BECAUSE OF THE SIGNIFICANT SIXE OF THE IMPACTS CAUSED BY MR. REAVIS' UNAUTHORIZED ACTIVITIIES. ON JUNE 1, 2009, EPA ISSUED AN ADMIN ORDER (CWA-04-2009-5774) PURSUANT TO CWA 309(a) TO THE SITE OWNER AND OPERATOR, MR BEN REAVIS, ORDERING HIM TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND TO SUBMIT A RESTORATION PLAN TO RESTORE THE UNAUTHORIZED IMPACTS CAUSED BY THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL DURING THE CONSTRUCTION OF A RECREATIONAL POND AND SINGLE FAMILY HOME. ON OCT 24, 2011, MR BEN REAVIS SUBMITTED A REVISED RESTORATION PLAN TO EPA. ON NOV 16, 2011, EPA APPROVED THE REVISED RESTORATION PLAN. COMMENCING ON OR ABOUT JULY 1, 2008 TO PRESENT, RESPONDNET AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING TRACKED EXCAVATORS, BULLDOZERS, AND DUMP TRUCKS, DURING UNAUTHORIZED ACTIVITIES ASSOICATED WITH THE MECHANIZED LAND CLEARING, EXCAVATION AND FILLING OF JURISDICTIONAL WETLANDS, THE INSTALLATION OF A WATER CONTROL STRUCTURE ON CHURCH BRANCH, AND THE CREATION OF A 6.28 ACRE IMPOUNDMENT. TO DATE, THE FILL REMAINS IN PLACE. RESPONDENT'S ACTIVITIES IMPACTED APPROX 6 ACRES OF ABUTTING WETLANDS TO CHURCH BRANCH AND 973 LINEAR FEET OF CHURCH BRANCH, WHICH IS A TRIBUTARY TO SINGLETON CREEK, WHICH FLOWS INTO BROWN SWAMP, WHICH THEN FLOWS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN, WHICH INCLUDES RESTORATION OF APPROX 6 ACRES OF RIPARIAN WETLANDS AND APPROX 973 LINEAR FEET OF STREAM WITHIN THE 6.28 ACRE POND. THE RESTORATION PLAN ALSO REQUIRES THE CONSTRUCTION OF A 36-INCH CULVERT IN THE DAM FEATURE TO ALLOW FOR UNINHABITED FLOW OF THE STREAM. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE. ACTIVITIES MUST BE COMPLETED BY APR 1, 2012. RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE WITHIN 30 DAYS AFTER COMPLETION. C. RESPONDENT SHALL APPLY FOR A CWA 404 PERMIT FROM THE COE WITHIN 30 DAYS TO AUTHORIZE CONSTRUCTION OF THE CULVERT. D. RESPONDENT WILL: - REMOVE APPROX 1.06 ACRES OF FILL MATERIAL FROM THE EMBANKMENTS OF THE POND. THIS FILL MATERIAL WILL BE PLACED IN AN UPLAND AREA. - REPLANT APPROX 6 ACRES OF WETLANDS WITHIN 6.28 ACRE POND FOOTPRINT USING NATIVE WETLAND VEGETATION. - RESTORE APPROX 973 LINEAR FEET OF CHURCH BRANCH WITHIN THE 6.28 ACRE POND FOOTPRINT. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 5 YRS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCCESS OF THE PLANTING. AT EACH INSPECTION, RESPONDENT SHALL REPLACE ENOUGH DEAD PLANTS TO ENSURE THAT AT LEAST 50% OF THE ORIGINAL NUMBER OF TREES AND 70% OF THE HERBACEOUS AND SHRUB PLANTS THAT WERE INSTALLED ARE ALIVE. RESPONDENT SHALL SUBMIT AN ANNUAL REPORT TO EPA BY DEC 15 EACH YR, COMMENCING ON DEC 15, 2012.

Defendants (1)

• REAVIS, BENNamed in settlement

Facilities (1)

• WETLANDS (BEN REAVIS)

  PEE DEE HIGHWAY, CONWAY, SC, 29527

  Registry ID: 110039166611

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• REAVIS, BENentered 2012-02-09

  Primary law: CWA

Timeline (2 milestones)

• 2012-02-09Final Order Issued
• 2012-03-01Enforcement Action Data Entered