EPA v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

Case summary

9/5/12 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2.2 ACRES OF EXCAVATION IN JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. DURING THE CONSTRUCTION OF A CHANNEL APPROX 1.5 MILES LONG, 12 FEET WIDE, WITH SOME WIDER AREAS, AND 2 - 5 FEET DEEP, WITH MATERIAL SIDECAST ALONG THE CHANNEL INTO ADJACENT FRESHWATER WETLANDS KNOWN AS COWBONE MARSH ADJACENT TO AND ABUTTING FISHEATING CREEK. FISHEASTING CREEK IS A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED IN AN AREA KNOWN AS COWBONE MARSH, GLADES COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF AN UNAUTHORIZED NAVIGATION CHANNEL IN JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. ON JULY 15, 2010, THE U.S. ARMY COE ISSUED A CEASE AND DESIST ORDER TO THE FL FISH AND WILDLIFE CONSERVATION COMMISSION PROHIBITING FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. ON AUG 10, 2010, THE CORPS REFERRED THE ENFORCEMENT CASE TO EPA. ON SEPT 7, 2010, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER AND 308 INFO REQUEST TO RESPONDENT, ORDERING RESPONDENT TO SUBMIT A RESTORATION PLAN. ON NOV 11, 2010, RESPONDENT SUBMITTED A RESPONSE TO THE 308 INFO REQUEST. ON DEC 16, 2010, EPA HELD A SHOW CAUSE MEETING WIHT RESPONDENT TO DISCUSS RESOLUTION. ON JAN 24, 2011, RESPONDENT SUBMITTED A HYDROLOGIC RESTORATION PLAN THAT INCLUDED PLANS TO INSTALL A SERIES OF FLOW-BACK STRUCTURES IN THE DISCHARGE AREA INTENDED TO RAISE WATER LEVELS WITH COWBONE MARSH TO PRE-IMPACT LEVELS AND PREVENT ACCELERATED DRAINAGE OF COWBONE MARSH. ON FEB 16, 2011, EPA ISSUED COMMENTS ON THE JAN 24, 2011, PLAN. ON FEB 23, 2011, EPA, CORPS AND FDEP CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. ON MAR 10, 201, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER REQUIRING RESPONDENT TO CONSTRUCT ONE CHECK DAM IN THE UPPER REACHES OF THE DISCHARGE AREA TO MINIMIZE THE LOSS OF GROUNDWATER AND PREVENT DRAINING OF COWBONE MARSH, OXIDATION OF SOILS, REDUCED FLOOD STORAGE AND LOSS OF HABITAT. THE ORDER ALSO REQUIRED RESPONDENT TO SUBMIT A REVISED RESTORATION AND MONITORING PLAN TO INCLUDE RESTORATION OF THE CUT CHANNEL TO PRE-IMPACT ELEVATIONS. ON APR 25, 2011, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER AUTHORIZING RESPONDENT TO CONSTRUCT FIVE CHECK DAMS IN THE DISCHARGE AREA TO MINIMIZE THE LOSS OF GROUNDWATER, MINIMIZE FLOW VELOCITIES, REDUCE TRANSPORT OF SEDIMENT AND PREVENT FURTHER IMPACTS TO COWBONE MARSH AND FISHEATING CREEK. ON JUNE 4, 2012, RESPONDENT SUBMITTED A RESTORATION PLAN WHICH ESTABLISHES METHODS AND SUCCESS FOR CRITERIA FOR BACKFILLING THE CUT CHANNEL TO PRE-IMPACT ELEVATIONS TO EPA FOR REVIEW. EPA PROVIDED COMMENTS AND ON AUG 7, 2012, RESPONDENT SUBMITTED A FINAL PLAN THAT ADDRESSED EPA'S COMMENTS. EPA CORRECTED ONE MAP AND APPROVED THE REVISED PLAN. COMMENCING ON OR ABOUT APR 1, 2010, TO MAY 31, 2010, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS INTO THE DISCHARGE AREA USING MECHANIZED EQUIPMENT CALLED AN AGITATOR, DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH THE CONSTRUCTION OF A NAVIGATION CHANNEL WITHIN COWBONE MARSH. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE EXCAVATION OF A CHANNEL WITH SIDECAST MATERIAL DISCHARGED INTO COWBONE MARSH AND RAPID DRAINING OF COWBONE MARSH. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.2 ACRES OF FORESTED FRESHWATER WETLANDS ADJACENT TO AND ABUTTING FISHEATING CREEK.

Defendants (1)

• FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIONNamed in settlement

Facilities (1)

• WETLANDS (FLORIDA FISH AND WILDLIFE COMMISSION)

  620 SOUTH MERIDIAN STREET, TALLAHASSEE, FL, 32399

  Registry ID: 110043461394

Statutes cited

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

Enforcement conclusions (1)

• FLORIDA FISH AND WILDLIFE CONSERVATOIN COMMISSIONentered 2012-09-05

  Primary law: CWA

Timeline (2 milestones)

• 2012-09-05Final Order Issued
• 2012-09-12Enforcement Action Data Entered