EPA v. LIVE OAK LAKE, INC.

Case summary

02/09/2012 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. ON JAN 25, 2006, THE U.S. ARMY CORPS OF ENGINEERS (COE), MOBILE DISTRICT, DISCOVERED UNPERMITTED DISCHARGES TO WATERS OF THE U.S. ASSOCIATED WITH CONSTRUCTION OF LIVE OAK LAKE RESIDENTIAL SUBDIVISION AND A SMALL PRIVATE LAKE IN PIKE COUNTY, AL. ON FEB 1, 2006, THE COE ISSUED A CEASE AND DESIST ORDER TO RESPONDENT PROHIBITING IT FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIALS IN WATERS OF THE U.S. ON DEC 18, 2007, THE COE REFERRED THE ENFORCEMENT CASE TO EPA. ON AUG 26, 2008, EPA ISSUED AN ADMIN COMPLIANCE ORDER AND INFO REQUEST TO RESPONDENT, ORDERING RESPONDENT TO CEASE WORKING IN WATERS OF THE U.S., TO SUBMIT A RESTORATION PLAN AND PROVIDE EPA IWTH INFO CONCERNING THE CONSTRUCTION ACTIVITIES. ON NOV 11, 2008, RESPONDENT SUBMITTED A RESPONSE TO EPA'S INFO REQUEST IN WHICH RESPONDENT STATED THE CONSTRUCTION ACTIVITIES AND LAND DISTURBANCE BEGAN IN 1999. ON AUG 17, 2011, THE MCDONALD CO., ON BEHALF OF THE RESPONDENT, SUBMITTED A MITIGATION PLAN TO EPA FOR REVIEW. AS PART OF THE MITIGATION PLAN, THE RESPONDENT IS PROVIDING RESTRICTIVE COVENANTS ON TWO TRACTS OF LAND LOCATED IN PIKE COUNTY, AL. EPA INSPECTED THE TRACTS AND FOUND THEM ACCEPTABLE AS COMPENSATORY MITIGATION. COMMENCING ON OR ABOUT 1999 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A PRIVATE LAKE AND RESIDENTIAL SUBDIVISION. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1,432 LINEAR FEET OF KENDRICK BRANCH AND 1.5 ACRES OF WETLANDS THAT ARE ABUTTING AND ADJACENT TO KENDRICK BRANCH, WHICH IS TRIBUTARY TO WALNUT CREEK. WALNUT CREEK IS A PERENNIAL TRIBUTARY OF WHITEWATER CREEK, A PERENNIAL TRIBUTARY OF THE PEA RIVER, A NAVIGABLE-IN-FACT 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. IMPLEMENT ALL REQUIREMENTS OF THE MITIGATION PLAN. B. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE COE FOR AUTHORIZATION UNDER NATIONWIDE PERMIT 32 (NWP 32) FOR APPROX 1,432 LINEAR FEET OF PERMANENT IMPACTS TO KENDRICK BRANCH AND FOR 1.5 ACRES OF DREDGE AND/OR FILL MATERIAL TO REMAIN IN WETLANDS ON THE SITE. C. RESPONDENT SHALL PROVIDE TO EPA PROOF OF COVERAGE UNDER NWP 32 WITHIN 10 DAYS OF RECEIPT OF SUCH COVERAGE FROM THE COE.

Defendants (1)

• LIVE OAK LAKE, INC.Named in settlement

Facilities (1)

• WETLANDS (LIVE OAK LAKE, INC.)

  COUNTY ROAD 26, TROY, AL, 36081

  Registry ID: 110037230779

Statutes cited

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

Enforcement conclusions (1)

• LIVE OAK LAKE, INC.entered 2012-02-09

  Primary law: CWA

Timeline (3 milestones)

• 2012-02-09Final Order Issued
• 2012-03-01Enforcement Action Data Entered
• 2012-07-24Enforcement Action Closed