EPA v. LEWIS GROUP, LLC (aka ATKINSON/LEWIS SITE)

Case summary

8/3/12 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 19 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSING SWAMP. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE ESTABLISHMENT OF A HORSE FARM AND INCLUDED EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL, MECHANIZED LAND CLEARING, AND FILLING OF JURISDICTIONAL WETLANDS. THE SITE OF THE VIOLATION IS A 73-ACRE PROPERTY LOCATED AT 3371 HUCKLEBERRY ROAD IN GALIVANTS FERRY, SC. UNTIL APRIL 2011, THE SITE WAS OWNED BY ATKINSON DEVELOPERS LLC (ALLEGED VIOLATORS). THE ALLEGED VIOLATOR AND ITS AGENTS, CONTRACTORS, AND/OR OTHER REPRESENTATIVES CONDUCTED LAND CLEARING, FILLING, AND OTHER CONSTRUCTION ACTIVITIES AT THE SITE, INCLUDING THOSE ACTIVITIES DISCUSSED BELOW. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DID THE ALLEGED VIOLATOR POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY THE ALLEGED VIOLATOR. EPA IN CONJUNCTION WITH THE U.S. ARMY OF CORPS OF ENGINEERS, CHARLESTON DISTRICT CONDUCTED AN INSPECTION OF THE SITE ON JUNE 22, 2005. DURING THIS INSPECTION, EPA DOCUMENTED THAT MECHANIZED LAND CLEARING AND DEPOSITION OF FILL MATERIAL HAD OCCURRED. THE ALLEGED VIOLATOR'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 19 ACRES OF FORESTED WETLANDS ADJACENT TO LOOSING SWAMP, WHICH CONNECTS TO LAKE SWAMP, WHICH FEEDS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE WATER OF THE U.S. ORDER REQUIRES: RESPONDENT AGREES TO THE FOLLOWING: A. IMPLEMENTATION OF THE WETLAND RESTORATION AGREEMENT DRAFTED BY THE U.S. DEPT OF AGRICULTURE'S NATURAL RESOURCES CONSERVATION SERVICE (NRCS) AND REVIEWED AND APPROVED BY EPA. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. WITHIN 30 DAYS COMPLETION OF RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• LEWIS GROUP, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (ATKINSON DEVELOPERS, LLC)

  HUCKLEBERRY ROAD, AYNOR, SC, 29511

  Registry ID: 110040056239

Statutes cited

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

Enforcement conclusions (1)

• LEWIS GROUP, LLC (aka ATKINSON/LEWIS SITE)entered 2012-08-03

  Primary law: CWA

Timeline (2 milestones)

• 2012-08-03Final Order Issued
• 2012-08-15Enforcement Action Data Entered