EPA v. SEMINOLE TRIBE OF FLORIDA (MOTOCROSS TRACK)

Case summary

11/4/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 10 ACRES OF JURISDICTIONAL WETLANDS ADJACENT TO AND ABUTTING THE INTERCENTOR OF CANAL AND NORTH FEEDER CANAL, NAVIGABLE WATERS OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING AND EXCVATION WITH SIDE CASE ASSOICTED WITH CONSTRUCTION OF A MOTOCROSS FACILITY ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNEER AND/OR OPERATOR OF THE PARCEL OF LAND LOCATED ALONG THE SOUTH SIDE OF WEST BOUNDARY ROAD, ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION, HOLLYWOOD, FLORIDA, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT AUG 4, 2003, TO MARCH 25, 2005, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EXCAVATORS, BULL DOZERS, AND OTHER EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS DURING THE CONSTRUCTION OF A MOTOCROSS TRACK. RESPOINDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 10 ACRES OF WETLANDS ADJACENT TO AND ABUTTING THE INTERCENTOR CANAL AND NORTH FEEDER CANAL, NAVIGABLE-IN-FACT WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM AUG 4 2003 TO MARCH 25, 2005 DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.

Defendants (1)

• SEMINOLE TRIBE OF FLORIDANamed in settlement

Facilities (1)

• WETLANDS (SEMINOLE TRIBE OF FLORIDA) (MOTOCROSS TRACK)

  ADJACENT TO US 75 / BIG CYPRESS SEMINOLE INDIAN RE, BIG CYPRESS SEMINOLE INDIAN RESERVATION, FL, 34141

  Registry ID: 110022316652

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SEMINOLE TRIBE OF FLORIDA (MOTOCROSS TRACK)entered 2013-11-04

  Primary law: CWA

Timeline (2 milestones)

• 2013-11-04Final Order Issued
• 2013-12-11Enforcement Action Data Entered