EPA v. FLORIDA PROPERTIES III, LLC (COCONUT INLET)

Case summary

3/6/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 4.8 ACRES OF MANGROVE AND FRESHWATER WETLANDS LOCATED IN ST. JAMES CITY, PINE ISLAND, LEE COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING SITE PREPARATION FOR RESIDENTIAL DEVELOPMENT. THIEMAN ENTERPRISES, LLC AND OWEN BAY, LLC ARE LIMITED LIABILITY COMPANIES DULY ORGANIZED UNDER THE LAWS OF THE STATES OF DELAWARE AND FL, RESPECTIVELY. THIEMAN WAS AN OWNER AND/OR OPERATOR FROM ON OR ABOUT JAN 16, 2004 TO ON OR ABOUT AUG 14, 2012, AND OWEN WAS AN OWNER/OPERATOR FROM ON OR ABOUT NOV 3, 2005 OR ON OR ABOUT FEB 23, 2007 OF APPROX 13,44 ACRES OF PROPERTY LOCATED AT 3680 STRINGFELLOW ROAD IN ST. JAMES CITY, PINE ISLAND, LEE COUNTY, FL THAT CONTAINS THE DISCHARGE AREA. FIRST NATIONAL BANK OF PENNSYLVANIA HELD A MORTGAGE ON THE SITE PROPERTY WHICH WAS DEFAULTED UPON BY THIEMAN RESULTING IN A SUBSEQUENT FORECLOSURE SALE OF THE SITE PROPERTY. FLORIDA PROPERTIES III, LLC ACQUIRED OWNERSHIP OF THE SITE, INCLUDING THE DISCHARGE AREA, VIA A FORECLOSURE SALE ON OR ABOUT AUG 14, 2012. CWA 301 PROHIBITS THE DISCHARGE OF POLLUTANTS BY ANY PERSON INTO WATERS OF THE U.S. EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED UNDER, INTER ALIA, CWA SEC 404. COMMENCING ON OR ABOUT SEPT 2, 2005, UNTIL DEVELOPMENT ACTIVITIES WERE ABANDONED IN APPROX 2011, THIEMAN AND/OR OWEN AND/OR THOSE ACTING ON BEHALF OF THIEMAN AND/OR OWEN, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE PREPARATION OF THE SITE FOR RESIDENTIAL DEVELOPMENT. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL DISCHARGED BY THIEMAN AND/OR OWEN REMAINS IN WATERS OF THE U.S. THIEMAN AND/OR OWEN'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.8 ACRES OF MANGROVE AND FRESHWATER WETLANDS THAT ABUT OR ARE ADJACENT TO AN UNNAMED NAVIGABLE CANAL CONNECTED TO DAWSON CANAL, WHICH IS CONNECTED TO SAN CARLOS BAY, A NAVIGABLE-IN-FACT WATER OF THE U.S. THIEMAN ABANDONED ITS DEVELOPMENT ACTIVITIES AT THE SITE IN APPROX 2011 AND TOOK NO STEPS TO RESTORE THE DISCHARGE AREA. NO FURTHER DEVELOPMENT ACTIVITIES HAVE OCCURRED AT THE SITE SINCE APPROX 2011. AT NO TIME DURING THE DISCHARGE OF OF DREDGED AND/OR FILL MATERIAL DID THIEMAN AND/OR OWEN POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. BY ENTERING INTO THIS AOC, THE RESPONDENT IS NOT AGREEING TO ACCEPT ANY FORM OF LIABILITY FOR THE CWA VIOLATIONS ASSOCIATED WITH THE SITE PROPERTY PRIOR TO THE RESPONDENT'S OWNERSHIP OF THE SITE PROPERTY.

Defendants (1)

• FLORIDA PROPERTIES III, LLC (SB) (COCONUT INLET)Named in settlement

Facilities (1)

• WETLANDS - COCONUT INLET

  3680 STRINGFELLOW ROAD, ST. JAMES CITY, FL, 33956

  Registry ID: 110039162777

Statutes cited

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

Enforcement conclusions (1)

• FLORIDA PROPERTIES III, LLC (COCONUT INLET)entered 2013-03-06

  Primary law: CWA

Timeline (2 milestones)

• 2013-03-06Final Order Issued
• 2013-03-14Enforcement Action Data Entered