EPA v. CHELICO, ROBERT J.

Case summary

7/26/13 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 0.16 ACRES OF JURISDICTIONAL WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY FLOWING INTO PERDIDO BAY, A NAVIGALE WATER OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURED DURING CLEARING AND GRADING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF A RESIDENCE. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF 13.26 ACERS LOCATED AT 12170 HAVBURG DRIVE, PENSACOLA, FL, THAT CONTAINED THE DISCHARGE AREA. A WETLAND DELINEATION WAS CONDUCTED ON THE LOWER THIRD OF THE SITE IN OCT 2007. THE LETTER REPORT STATES THAT THE WETLAND CMPLEX IDENTIFIED ON THE SITE FALLS WITHIN THE REGULATORY JURISDICTION OF THE U.S. ARMY CORPS OF ENGINEERS AND THE FL DEPT OF ENVIRONMENTAL PROTECTION (FDEP). COMMENCING ON OR ABOUT MAY 8, 2008, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING CLEARNING AND GRADING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF A RESIDENTIAL STRUCTURE. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT MET WITH FDEP REPRESENTATIVES ON FEB 2, 2010. THEY REQUIRED RESPONDENT TO HAVE THE REMAINING TWO PARCELS DELINEATED. WETLAND SCIENCES, INC., PERFORMED A DELINEATION OF THE REMAINING TWO PARCELS ON MAR 3, 2010, AND FORWARDED ITS FINDINGS TO FDEP.. FDEP ACCEPTED THE FINDINGS OF THE DELINEATION ON MARCH 15, 2010. EPA CONDUCTED A SITE VISIT ON SEPT 14, 2011, AND IDENTIFIED FILL MATERIAL DEPOSITED IN WETLANDS BENEATH A PORTION OF THE HOUSE IN DRIVEWAY (APPROX 0.06 ACRE) AND ON THE NW PORTION OF THE SITE (APPROX 0.1 ACRE). FORESTED WETLANDS WERE MECHANICALLY LAND CLEARED WITHIN AN AREA ENCOMPASSING 0.16 ACRES. EPA UNDERSTANDS THAT FILL MATERIAL ON THE NW PORTION OF THE SITE (APPROX 0.1 ACRES) WAS REMOVED AFTER THE SEPT 14, 2011 SITE VISIT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.16 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY FLOWING INTO PERDIDO BAY. ORDER REQUIRES: WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE CORPS OF ENGINEERS FOR COVERAGE UNDER A NATIONWIDE PERMIT (NWP) FOR THE 0.06 ACRE OF FILL REMAINING IN PLACE. RESPONDENT SHALL PROVIDE A COPY OF SUCH APPLICATION TO EPA WITHIN SEVEN DAYS OF SUBMITTAL TO THE CORPS. UPON RECEIVE OF THE CORPS' VERIFICATION LETTER GRANTING COVERAGE UNDER A NWP, RESPONDENT SHALL PROVIDE A COPY TO EPA. RESPONDENT HAS AGREED TO PURCHASE COMPENSATORY WETLAND MITIGATION CREDITS FROM THE GARSON PENINSULA MITIGATION BANK TO OFFSET THE REMAINING PURCHASE PURSUANT TO THE TERMS AND CONTITIONS OF THE NWP AND PROVIDE PROOF OF SUCH MITIGATION CREDIT PURCHASE TO EPA WITHIN 7 DAYS OF PURCHASE.

Defendants (1)

• CHELICO, ROBERT J.Named in settlement

Facilities (1)

• WETLANDS - CHELICO, ROBERT J.

  12170 HAVBURG DRIVE, PENSACOLA, FL, 32506

  Registry ID: 110042337646

Statutes cited

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

Enforcement conclusions (1)

• CHELICO, ROBERT J.entered 2013-07-26

  Primary law: CWA

Timeline (2 milestones)

• 2013-07-26Final Order Issued
• 2013-08-08Enforcement Action Data Entered