EPA v. RAY FLOW, AND RICK WAGNER

Case summary

1/17/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OCTOBER 7, 2011, THE U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT ( COE ) DISCOVERED THAT RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGRED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH ROAD CONSTRUCTION. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 1.5 ACRES OF WETLANDS. THE IMPACTED AREAS INCLUDE: WETLANDS THAT ARE ADJACENT TO AN UNNAMED IMTERMITTENT TRIBUTARY TO SLAUGHTER CREEK, WHICH IS A PERENNIAL TRIBUTARY TO THE ALTAMAHA RIVER, A NAVIGABLE WATER OF THE UNITED STATES. DURING THE COURSE OF THEIR WORK, RESPONDENTS CONSTRUCTED ROAD CROSSINGS IN WATERS OF THE UNITED STATES THAT DO MEET THE REQUIREMENTS OF SECTION 404(f)(1)(E), 33 U.S.C. SECTION 1344(f) BECAUSE CONSTRUCTION AND MAINTENANCE OF THE ROADS DID NOT APPLY THE BASELINE BMPs, a. ROAD FILL WAS NOT BRIDGED, CULVERTED, OR OTHERWISE DESIGNED TO PREVENT THE RESTRICTION OF EXPECTED FLOOD FLOWS, 40 C.F.R. SECTION 232.3(6)(iii); b. FILL WAS NOT PROPERLY STABILIZED AND MAINTAINED TO PREVENT EROSION DURING AND FOLLOWING CONSTRUCTION, 40 C.F.R SECTION 232.3(6)(iv); AND c. THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE ROAD CROSSINGS DISRUPTS THE MIGRATION OR OTHER MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INHABITING THE WATER BODY, 40 C.F.R SECTION 232.3(6)(vii). ORDER REQUIRES: a. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 C.F.R. SECTION 232.2, INTO WATERS OF THE UNITED STATES. b. WITHIN FORTY-EIGHT HOURS OF RECEIVING THIS ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE LISTED BELOW WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. c. RESPONDENTS SHALL START CONSTRUCTION FOR THE RESTORATION WITHIN 15 DAYS AFTER RECEIPT OF THE SIGNED ORDER. RESTORATION MUST BE COMPLETED WITHIN 45 DAYS AFTER RECEIPT OF SIGNED ORDER. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AN SCHEDULE AN INSPECTION OF THE RESTORED SITE. d. ALL WETLAND ROAD CROSSINGS WILL BE BROUGHT INTO COMPLIANCE WITH THE 15 CWA MANDATED BASELINE PROVISIONS FOR THE CONSTRUCTION AND MAINTENANCE OF FORESTRY ROADS IN AND ACROSS WATER OF THE UNITED STATES, AS DETAILED IN THE ATTACHED RESTORATION PLAN (EXHIBIT C). SPECIFICALLY, AT EACH OF THE 8 CROSSINGS, ALL FILL MATERIAL PLACED OUTSIDE A 16 FOOT MAXIMUM WIDTH SHALL BE REMOVED, THE GRADE OF THE ROAD SHALL BE RETURNED TO EXISTING GROUND ELEVATIONS, FORDS (ROCK LOW WATER CROSSINGS) WILL BE INSTALLED, AND THE AREAS ALLOWED TO RE-VEGETATE NATURALLY. e. IN ADDITION TO THE REMOVAL OF FILL AS OUTLINED ABOVE, THE WETLAND CROSSING IDENTIFIED AS AREA 5 IN THE ATTACHED PLAN WILL HAVE A 24 INCH CULVERT INSTALLED TO REPLACE AN EXISTING CULVERT, AND AN EXCAVATED ARA WILL BE FILLED AND PLANTED WITH BALD CYPRESS SEEDLINGS ON 10FT. BY 10FT. SPACING. f. PRIOR TO THE COMMENCEMENT OF TIMBERING IN WETLAND AREAS, RESPONDENTS MUST RECEIVE APPROVAL FROM THE GEORGIA FORESTRY COMMISSION THAT THE ROADS IDENTIFIED IN THE PLAN AS AREAS 7 AND 8 IN COMPLIANCE WITH THE CWA BASELINE PROVISIONS AND THAT ALL APPROPRIATE STATE AND FEDERAL BMPs ARE IN PLACE.

Defendants (2)

• WAGNER, RICK FNamed in settlement
• FLOW, RAYNamed in settlement

Facilities (1)

• WETLANDS - FLOW WAGNER

  HWY 178 N OF TIPPENS LAKE, REIDSVILLE, GA, 30453

  Registry ID: 110044870351

Statutes cited

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

Enforcement conclusions (1)

• RAY FLOW, AND RICK WAGNERentered 2012-01-17

  Primary law: CWA

Timeline (2 milestones)

• 2012-01-17Final Order Issued
• 2012-01-25Enforcement Action Data Entered