EPA v. COMMUNITY BANK OF PICKENS COUNTY, JASPER, GEORGIA

Case summary

11/15/12 - 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 855 LINEAR FEET OF AN UNNAMED TRIBUTARY, LOCATED AT 375 GEORGIA HIGHWAY 515 SOUTH, JASPER, GEORGIA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A 7.44 ACRE COMMERCIAL DEVELOPMENT. M&M AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE APPROX 7.44-ACRE PARCEL OF LAND THAT CONTAINED THE DISCHARGED AREA, LOCATED AT 375 GEORGIA HWY 515 SOUTH, JASPER, GEORGIA. COMMUNITY BANK OF PICKENS COUNTY (COMMUNITY BANK) HOLDS THE MORTGAGE ON THE SITE THAT CONTAINS THE DISCHARGE AREA, AND ANTICIPATES TAKING OWNERSHIP OF THE PROPERTY THROUGH FORECLOSURE. COMMENCING ON OR ABOUT OCT 2009, UNTIL DEVELOPMENT ACTIVITIES WERE ABANDONED IN APPROX DEC 2010, M&M AND/OR THOSE ACTING ON BEHALF OF M&M, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE PREPARATION OF THE SITE FOR COMMERCIAL DEVELOPMENT. AT NO TIME DURING ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA, DID M&M POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES. M&M'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 855 LINEAR FEET OF AN UNNAMED TRIBUTARY, WHICH FLOWS THROUGH A SECOND UNNAMED TRIBUTARY, THROUGH TOWN CREEK, PADGETT CREEK AND SHARP MOUNTAIN CREEK, BEFORE FLOWING INTO THE ETOWAH RIVER, A NAVIGABLE WATER OF THE U.S. M&M ABANDONED ITS DEVELOPMENT ACTIVITIES AT THE SITE IN APPROX DEC 2010, AND HAS NOT TAKEN ANY STEPS TO RESTORE THE DISCHARGE AREA. NO FURTHER DEVELOPMENT ACTIVITIES HAVE OCCURRED AT THE SITE SINCE APPROX DEC 2010. ORDER REQUIRES: WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS FOR COVERAGE UNDER NATIONWIDE PERMIT 32 (NWP 32). UPON RECEIPT OF THE CORPS' VERIFICATION LETTER GRANTING COVERAGE UNDER NWP 32, RESPONDENT SHALL PROVIDE A COPY TO EPA. THIS AOC PROVIDES THAT RESPONDENT HAS AGREED TO PURCHASE 5,419 STREAM CREDITS FROM A CORPS APPROVED MITIGATION BANK FOR THE 855 LINEAR FEET OF PIPING AND FILL TO REMAIN IN PLACE. IN THE EVENT THAT THE CORPS REQUIRES A GREATER AMOUNT OF MITIGATION CREDITS FOR THE NWP 32, RESPONDENT MAY ELECT TO REENTER NEGOTIATIONS WITH EPA REGARDING THE TERMS OF THE AOC. UPON ISSURANCE OF A NWP 32 REQUIRING 5,419 AND/OR AN ALTERNATIVE AMOUNT OF CREDITS ACCEPTABLE TO EPA AND RESPONDENT, RESPONDENT SHALL IMPLEMENT THE MITIGATION PURCHASE PURSUANT TO THE TERMS AND CONDITIONS OF THE NWP 32. WITHIN 7 DAYS OF COMPLETION, RESPONDENT SHALL PROVIDE PROOF OF SUCH MITIGATION CREDIT PURCHASE TO EPA. RESPONDENT SHALL PROVIDE TO EPA PROOF OF COVERAGE UNDER NWP 32 UPON RECEIPT OF SUCH COVERAGE FROM THE CORPS.

Defendants (1)

• COMMUNITY BANK OF PICKENS COUNTY, JASPER, GEORGIANamed in settlement

Facilities (1)

• WETLANDS (MULLINS) (JASPER INGLES OUTPARCEL)

  INTER . @ GA HWY 515 & GA HWY 53, JASPER, GA, 30143

  Registry ID: 110043722111

Statutes cited

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

Enforcement conclusions (1)

• COMMUNITY BANK OF PICKENS COUNTY, JASPER, GEORGIAentered 2012-11-19

  Primary law: CWA

Timeline (2 milestones)

• 2012-11-19Final Order Issued
• 2012-12-19Enforcement Action Data Entered