EPA v. HANCOCK COUNTY LAND, LLC

Case summary

03/28/2013 - ADMINISTRAIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. SPECIFICALLY THE DEPOSITION OCCURRED IN APPROXIMATELY 115 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF BAYOU L'ENCIENTE, BAYOU MARONE AND BAYOU LA CROIX (DISCHARGE AREA). THESE NAMED TRIBUTARIES CONFLUENCE WITH THE JOURDAN RIVER WHICH FLOWS TO ST. LOUIS BAY, BOTH NAVIGABLE WATERS OF THE U.S. THE SITE IS LOCATED ON THE NW AND SW SIDE OF THE INTERSECTION OF INTERSTATE 10 AND MS STATE HWYS 603/43, NORTH OF WAVELAND, IN HANCOCK COUNTY, MS. THE APPROX 1700 ACRE SITE IS DIVIDED BY INTERSTATE 10 INTO A NORTH TRACT (APPROX 1000 ACRES) AND A SOUTH TRACT (APPROX 700 ACRES). EPA ASSERTS THAT THE FOLLOWING FACTS ARE TRUE AND SUBSTANTIATED: A. THE MOBILE DISTRICT ARMY CORPS OF ENGINEERS CONDUCTED INVESTIGATIONS ON TEH SITE ON OCT 3 AND 18, 2007. DURING THE INVESTIGATIONS, THE CORPS FOUND WHAT IT BELIEVED TO BE UNPERMITTED DREDGED AND FILL MATERIAL DISCHARGED ON MANY ACRES OF WATERS OF THE U.S. B. ON NOV 2, 2007, THE COE ISSUED A NOV TO HANCOCK COUNTY LAND, LLC, ONE OF THE OWNERS OF THE PROPERTY ON WHCH THE ALLEGED UNAUTHORIZED WORK WAS CONDUCTED. C. EPA, ALONG WITHTHE CORPS, THE MS DEPT OF MARINE RESOURCES AND REPRESENTATIVES OF THE RESPONDENT, CONDUCTED A SITE INSPECTION ON NOV 8, 2007. EPA ALSO FOUND WHAT IT BELIEVED TO BE DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE DURING THE INSPECTION. D. EPA ISSUED A CWA 308 INTO REQUEST TO THE HANCOCK COUNTY LAND, LLC, ON JAN 10, 2008. E. EPA CONDUCTED ALL'L ON AND OFF-SITE WORK AND INFO GATHERING DURING 3 WEEKS IN APRIL 2010. F. RESPONDENT, AFTER REACHING A SETTLEMENT IN THE GULF RESTORATION NETWORK V. HANCOCK COUNTY DEVELOPMENT, LLC, ET AL., U.S. DISTRICT COURT FOR THE SD MS, CASE NO. 1:08 CV186, IS CURRENTLY IMPLEMENTING AN ECOLOGIC RESTORATION PLAN ON PORTIONS OF AN APPROX 230 ACRE SECTION ON THE WEST SIDE OF THE SOUTH TRACT. COMMENCING ON OR BEFORE OCT 3, 2007, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO TRIBUTARIES AND WETLANDS ON THE SITE USING EARTHMOVING MACHINERY. CURRENTLY THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL DISCHARGED BY RESPONDENT REMAINS IN AREAS WHICH THE DIRECTOR HAS CONCLUDED CONSTITUTE WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 115 ACRES OF LAND WHICH THE DIRECTOR HAS CONCLUDED CONTAIN FORESTED WETLANDS THAT ARE ADJACENT TO THREE UNNAMED TRIBUTARIES WHICH ALL FLOW INTO THE JOURDAN RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: ONSITE RESTORATION: i. ON-SITE RESTORATOIN MEASURES DESCRIBED IN THIS PARAGRAPH SHALL APPLY ONLY TO THOSE PORTIONS OF THE SITE THAT ARE OWNED BY RESPONDENT OR BY STENNIS LAND, LLC ( RESTORATION PROPERTY ). ii. WITHIN 30 DAYS, RESPONDENT SHALL APPLY FOR ANY AND ALL ANY CITY, COUNTY, STATE AND/OR FEDERAL PERMITS OR AUTHORIZATIONS NECESSARY FOR THE IMPLEMENTATION OF THE BARRY A. VITTOR AND ASSOCIATES' SITE RESTORATION PLAN. WITHIN 30 DAYS OF THE RECEIPT OF SUCH PERMITS AND AUTHORIZATIONS, RESPONDENT SHALL BEGIN IMPLEMENTATION OF THE RESTORATION PLAN. ALL SITE RESTORATION MEASURES, EXCLUDING FORESTED WETLANDS REPLANTING, SHALL BE COMPLETED WITHIN 12 MONTHS OF INITIAL RESTORATION COMMENCEMENT, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES HERETO. FORESTED WETLAND REPLANTING SHALL COMMENCE IN THE FIRST VEGETATIVE DORMANT SEASON FOLLOWING SITE RESTORATION. iii. RESPONDENT SHALL INSPECT THE RESTORATION AREA ANNUALLY FOR 5 YRS AFTER COMPLETION OF ONSITE RESTORATION TO DETERMINE THE SUCCESS OF RESTORATION ACTIVITIES AND SUBMIT ANNUAL INSPECTION REPORTS TO EPA BY DEC 1 EACH YR. iv. EPA WILL REVIEW REPORTS AND EITHER APPROVE OR PROVIDE COMMENTS. RESPONDENT SHALL ADDRESS ANY COMMENTS PROVIDED BY EPA WITHIN 45 DAYS.

Defendants (1)

• HANCOCK COUNTY LAND, LLCNamed in settlement

Facilities (1)

• STENNIS TECHNOLOGY PARK (WETLANDS)

  HIGHWAY 603, BAY ST. LOUIS, MS, 39520

  Registry ID: 110035841916

Statutes cited

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

Enforcement conclusions (1)

• HANCOCK COUNTY LAND, LLCentered 2013-03-25

  Primary law: CWA

Timeline (2 milestones)

• 2013-03-25Final Order Issued
• 2013-04-01Enforcement Action Data Entered