EPA v. JOHNSON, JAMES

Case summary

6/3/13 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., LOCATED ON THE EAST SIDE OF STATE RD 29, ACROSS FROM EVERGLADES NATIONAL PARK ENTRANCE IN EVERGLADES CITY, COLLIER COUNTY, FL. IMPACTS TO WATERS OF THE U.S. INCLUDE MECHANIZED LAND CLEARING AND DEPOSITION OF FILL IN APPROX 0.8 ACRES OF TIDAL MANGROVE WETLANDS, AND THE CONSTRUCTION OF A T-DOCK IN THE LAKE PLACID CANAL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PREPARATION OF THE SITE FOR COMMERCIAL DEVELOPMENT. ON MARCH 15, 1996, THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT, RECEIVED AN APPLICATION FROM MR. JAMES JOHNSON FOR A PERMIT TO CONSTRUCT A 72-UNIT HOTEL WITH DOCKING FACILITIY, WHICH WOULD IMPACT APPROX 1.4 ACRES OF TIDAL MANGROVE WETLANDS. ON MAY 11, 2000, THE SOUTH FL WATER MANAGEMENT DISTRICT (SFWMD) ISSUED AN ENVIRONMENTAL RESOURCE PERMIT (ERP) FOR THE CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM ON THE SITE. ON JUNE 3, 2002, THE CORPS DENIED RESPONDENT'S DEPT OF THE ARMY PERMIT APPLICATION. AFTER COORDINATION WITH RESPONDENT AND OTHER STATE AND FEDERAL AGENCIES, THE CORPS DETERMINED THAT THE APPLICATION FAILED TO COMPLY WITH CWA 404 AND WOULD THEREFORE RESULT IN AN ADVERSE IMPACT TO MANGROVE WETLAND, WHICH WAS CONTRARY TO PUBLIC INTEREST. JULY 30, 2002, RESPONDENT FILED A REQUEST FOR AN APPEAL WITH THE CORPS, SOUTH ATLANTIC DIV. FEB 6, 2006, CORPS NOTIFIED RESPONDENT THAT PERMIT DENIAL WAS UPHELD ON APPEAL. SEPT 22, 2009, THE SFWMD ISSUED A NOTICE OF VIOLATION TO RESPONDENT FOR NON-COMPLIANCE WITH THE ERP. OCT 22, 2009, CORPS CONDUCTED INSPECTION OF SITE AND DETERMINED THAT FILL WAS DISCHARGED INTO APPROX 0.8 ACRES OF TIDAL MANGROVE WETLANDS AND A T-DOCK WAS CONSTRUCTED. DEC 14, 2009, CORPS ISSUED CEASE AND DESIST ORDER. FEB 12, 2010, CORPS REFERRED ENFORCEMENT MATTER TO EPA. MARCH 25, 2010, EPA ISSUED AN ACO AND 308 INFO REQUEST (04-2010-5793) AND REQUESTED A RESTORATION PLAN. SEPT 7, 2011, RESPONDENT SUBMITTED A PARTIAL RESTORATION PLAN WHICH ADDRESSED ITEMS OF NON-COMPLIANCE ON THE SFWMD ERP BUT NOT RESTORATION OF THE FULL 0.8 ACRE IMPACT. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE & DESIST ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ACO. C. WITHIN 30 DAYS, RESPONDENT SHALL BEGIN IMPLEMENTATION OF THE RESTORATION PLAN (EXHIBIT C). BECAUSE EPA CONSIDERS THE PLAN TO BE INCOMPLETE, RESPONDENT SHALL INCLUDE RESTORATION OF ALL AREAS DEPICTED ON EXHIBIT D TO INCLUDE (a) REMOVAL OF APPROX 0.8 ACRES OF FILL MATERAIL IN THE WALKWAY AND OPEN AREAS, INCLUDING THE AREA MARKED, ADDITIONAL AREA TO BE RESTORED AS DEPICTED ON EXHIBIT D; (b) REMOVAL OF T-DOCK; (c) IF AFTER THE FIRST 6 MONTHS THE DISCHARGE AREA HAS NOT SUCCESSFULLY RE-VEGETATED WITH NATIVE MANGROVE SPECIES, RESPONDENT SHALL IMPLEMENT THE PLANTING PLAN DEPICTED IN EXHIBIT C. D. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUST BE COMPLETED WITHIN 90 DAYS. WITHIN 30 DAYS AFTER COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. E. RESPONDENT SHALL INSPECT RESTORED AREA ANNUALLY FOR 5 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 RESPONDENT PLAN'S VEGETATIVE PLANTING DENSITY IS ACHIEVED. WETLAND SPECIES SHOULD BE REPLANTED DURING THE NEXT VEGETATIVE DORMANT SEASON FOLLOWING THE ANNUAL INSPECTION. BY JULY 1 EACH YR, RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES DATE OF INSPECTION, COLOR PHOTOS, AND A COUNT OF THE NUMBER OF PLANTING THAT SURVIVED...

Defendants (1)

• JOHNSON, JAMESNamed in settlement

Facilities (1)

• WETLANDS (EVERGLADES ECOTOUR) (JOHNSON, JAMES O.)

  SOUTH COPELAND AVENUE, EVERGLADES CITY, FL, 34139

  Registry ID: 110041196522

Statutes cited

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

Enforcement conclusions (1)

• JOHNSON, JAMESentered 2013-06-03

  Primary law: CWA

Timeline (2 milestones)

• 2013-06-03Final Order Issued
• 2013-06-06Enforcement Action Data Entered