EPA v. J. WESLEY ALLEN / EDWARD ALLEN

Case summary

9/14/12 - COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTION WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 56 ACRES OF WETLANDS WITHIN A 195-ACRE PARCEL OF LAND. COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 40 ACRES OF WETLANDS ON THE SITE DURING MECHANIZED LAND CLEARING, EXCAVATED APPROX 14,950 LINEAR FEET OF DITCHES IN WETLANDS ON THE SITE, AND CONSTRUCTED APPROX 7,538 LINEAR FEET OF ROADWAY IN WETLANDS ON THE SITE, USING EARTH MOVING MACHINERY. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 56 ACRES OF WETLANDS ADJACENT TO CROSS BRANCH. CROSS BRANCH IS A NON-RELATIVELY PERMANENT WATER FLOWING THROUGH POPLAR SWAMP, MAPLE SWAMP, KINGSTON LAKE AND THENCE INTO THE WACCAMAW RIVER, A NAVAGIBLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JULY 2009 TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404.

Defendants (2)

• EDWARD ALLENNamed in settlement
• ALLEN, J. WESLEYNamed in settlement

Facilities (1)

• WETLANDS (J. WESLEY ALLEN AND EDWARD ALLEN)

  S. OF BAKERS CHAPEL ROAD (E. OF BAY WATER ROAD), AYNOR, SC, 29511

  Registry ID: 110041889212

Statutes cited

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

Enforcement conclusions (1)

• J. WESLEY ALLEN / EDWARD ALLENentered 2012-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2012-09-14Final Order Issued
• 2012-09-19Enforcement Action Data Entered