EPA v. GAISER, COREY, DR.

Case summary

3/28/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO THE WATER OF THE U.S. INCLUDING APPROX 3.4 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO FOXWORTH MILL CREEK WHICH OCCURRED DURING ROAD AND POND CONSTRUCTION ON THE SUBJECT PROPERTY. THE U.S. CORPS OF ENGINEERS CONDUCTED AN INITIAL INVESTIGATION OF THE RESPONDENT'S PROPERTY ON APR 19, 2011. ON MAY 19, 2011, THE CORPS CONDUCTED A SECOND INSPECTION OF THE RESPONDENT'S PROPERTY AND DETERMINED THAT APPROX 3.4 ACRES OF FORESTED WETLANDS HAD BEEN EXCAVATED AND/OR FILLED DURING THE CONSTRUCTION OF A POND AND AN ACCESS ROAD. THE CORPS REFERRED THE CWA VIOLATION TO EPA ON JUNE 28, 2011. ON SEPT 9, 2011, EPA ISSUED A CWA 309(a) WETLAND RESTORATION ORDER AND A 308 INFO REQUEST TO RESPONDENT. RESPONDENT SUBMITTED A WETLAND RESTORATION PLAN TO EPA ON AUG 24, 2012 THROUGH HIS CONSULTANT. RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND/OR OPERATOR OF AN 80-ACRE TRACT OF LAND LOCATED AT 700 DOVE DRIVE IN MARIANNA, FL THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FORESTED WETLANDS ON THE SITE USING AN ESCAVATOR AND A BULLDOZER DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN ACCESS ROAD AND A POND. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.4 ACRES OF FORESTED WETLANDS THAT ABUT AN UNNAMED TRUBUTARY TO FOXWORTH MILL CREEK, A TRIBUTARY OF DRY CREEK WHICH FLOWS TO THE CHIPOLA RIVER, A NAVIGABLE IN FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. THEREFORE, RESPONDENT HAS VIOLATED CWA 301. ORDER REQUIRES: A. WITHIN 60 DAYS OR NECESSARY APPROVALS FROM THE NW FL WATER MGMT DISTRICT, WHICHEVER IS LATER, RESPONDENT SHALL IMPLEMENT THE ECOLOGICAL RESOURCE CONSULTANTS, INC., AUG 24, 2012, SITE RESTORATION PLANT. THE REMOVAL OF ALL FILL MATERIAL ON THE ACCESS ROAD AND RESTORATION OF THE POND (EXCEPT FOR THE TWO 0.15-ACRE STOCK PONDS AT THE NORTH AND SOUTH END OF THE RESTORED POND) TO NEARBY UNDISTURBED, WETLAND ELEVANTION SHALL BE COMPLETED AT THE SITE WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THIS ORDER OR NECESSARY APPROVAL FROM THE NW FL WATER MGMT DISTRICT WHICHEVER IS LATER. RESPONDENT SHALL STABILIZE ALL RESTORED WETLANDS WITH APPROPRIATE BEST MGMT PRACTICES INCLUDING, BUT NOT LIMITED TO SILT FENCES; VEGETATIVE GROUND COVER; OR A WETLAND HERBACEOUS SEED MIX IF REGENERATION FROM THE EXISTING SEED SOURCE IN THE SOIL IS NOT SUCCESSFUL. RESPONDENT SHALL REESTABLISH THE FORESTED WETLANDS THAT WERE EXCAVATED AND/OR FILLED BY RE-PLANTING 200 FORESTED WETLAND SPECIES PER ACRE. RESTORATION MUST BE COMPLETED WITHIN 6 MONTHS AFTER RECEIPT OF THE SIGNED AOC. HOWEVER, IF STATE OR LOCAL PERMITS ARE NOT ISSUED IN A TIMELY MANNER AND/OR WEATHER CONDITIONS PREVENT RESTORATION WITHIN THE 6-MONTH RESTORATION PERIOD, RESPONDENT SHALL INFORM EPA OF THE ISSUES AND REQUEST AN EXTENSION NOT TO EXCEED 120 DAYS. RESPONDENT SHALL INSPECT RESTORED AREA ANNUALLY FOR 3 YRS AFTER COMPLETION OF INITIAL WETLAND SPECIES REESTABLISHMENT TO DETERMINE SUCCESS OF THE RESTORATION PLAN. AFTER EACH INSPECTION, RESPONDENT SHALL REPLACE NON-VIABLE WETLAND SPECIES WITH THE NUMBER OF TARGET WETLANDS SPECIES TO ENSURE THE RESTORATION PLAN'S VEGETATIVE SUCCESS CRITERIA OF 50 PERCENT SURVIVAL, INCLUDING VOLUNTEER SPECIES, IS ACHIEVED. ANNUAL MONITORING REPORTS ARE DUE BY DEC 31 OF EACH MONITORING PERIOD.

Defendants (1)

• GAISER, COREY, DR.Named in settlement

Facilities (1)

• GAISER, COREY

  700 DOVE DRIVE, MARIANNA, FL, 32448

  Registry ID: 110044226995

Statutes cited

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

Enforcement conclusions (1)

• GAISER, COREY, DR.entered 2013-03-28

  Primary law: CWA

Timeline (2 milestones)

• 2013-03-28Final Order Issued
• 2013-04-01Enforcement Action Data Entered