EPA v. BROCK, BILL

Case summary

9/19/2013 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 3.9 ACRES OF JURISDICTIONAL FORESTED WETLANDS ADJACENT TO HORSE CREEK, WHICH DISCHARGES INTO LAUREL RIVER LAKE. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED WHILE CONVERTING A FORESTED WETLAND TO AGRICULTURAL USE. RESPONDENTON MAY 3, 3012, THE U.S. ARMY CORPS OF ENGINEERS (COE) CONDUCTED ON ONSITE INVESTIGATION AND MADE A PRELIMINARY DETERMINATION THAT JURISDICTIONAL WETLANDS HAD BEEN IMPACTED ON THE SITE. ON MAY 17, 2012, THE COE ISSUED A CEASE AND DESIST ORDER. ON JUNE 15, 2012, THE COE REFERRED THE CASE TO EPA FOR ENFORCEMENT. ON SEPT 10, 2012, RESPONDENT REQUESTED THAT THE NATURAL RESOURCES CONSERVATION SERVICE (NRSC) CONDUCT AN ONSITE WETLAND DETERMINATION. THE NRCS IDENTIFIED 3.9 ACRES OF WETLANDS THAT WERE IMPACTED THRU DITCHING, GRADING, AND BULLDOZING ACTIVITIES. ON MAY 6, 2013, EPA CONDUCTED A SITE INSPECTION AND OCNCURRED WITH THE NRCS ASSESSMENT. COMMENCING BETWEEN 2011 AND 2012, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF FORESTED WETLANDS TO AGRICULTURAL FIELDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.9 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO HORSE CREEK, A TRIBUTARY THAT CONNECTS WITH LYNN CAMP CREEK, A TRIBUTARY OF LAUREL RIVER LAKE, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. RESPONDENT WILL RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON AUG 27, 2013. THE RESTORATOIN WILL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (i) FILL THE DITCH ON THE SOUTH SIDE OF THE PROPERTY WITH PREVIOUSLY EXCAVATED MATERIAL AND RE-GRADE TO THE ORIGINAL CONTOUR; (ii) USE APPROPRIATE BMPs TO LIMIT SEDIMENT RUNOFF INTO HORSE CREEK, INCLUDING THE USE OF THE SILT CHECK OUTLINED IN THE RESTORATION PLAN AND PLANTING A WETLAND GRASS SEED MIX TO STABILIZE GROUND COVER AFTER WORK HAS BEEN COMPLETED; (iii) RE-VEGETATE THE DISCHARGE ARE WITH SPECIES IDENTIFIED IN THE RESTORATION PLAN INCLUDE RIVER BIRCH, SHELLBARK HICKORY, SWAMP CHESTNUT OAK, PIN OAK, AND WILLOW OAK; AND (iv) PLANT A MINIMUM OF 200 STEMS PER ACRE WITH NO ONE SPECIES COMPRISING MORE THAN 30 PERCENT OF THE TOTAL NUMBER PLANTED. FORESTED WETLAND SPECIES SHOULD BE PLANTED DURING THE NEXT VEGETATIVE DORMANT SEASON FOLLOWING THE ANNUAL INSPECTION. B. RESPONDENT SHALL COMMENCE IMPLEMENTATION OF THE RESTORATION PLAN WITHIN 30 DAYS. RESPONDENT MUST BE COMPLETED WITHIN 90 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION. RESPONDENT SHALL INSPECT AREA ANNUALLY FOR 3 YRS. AFTER EACH INSPECTION, RESPONDENT SHALL REPLACE NON-VIABLE WETLAND SPECIES WITH THE NUMBER OF TARGET WETLAND SPECIES TO ENSURE THE VEGETATIVE SUCCESS CRITERON OF 150 LIVE STEMS PER ACRE IS ACHIEVED. UNLESS EPA AGREES OTHERWISE IN WRITING, RESPONDENT SHALL SUBMIT THE FIRST ANNUAL INSPECTION REPORT ON OR BEFORE DEC 31, 2014. 2ND ONE ON OR BEFORE DEC 31, 2015. 3RD ON OR BEFORE DEC 31, 2016. RESPONDENT SHALL REPORT TO EPA WITHIN 30 DAYS OF OCCURRENCE OF ANY OF THE FOLLOWING EVENTS: INTENTIONAL OR ACCIDENTAL ENCROACHMENT INTO THE WETLAND AREAS BY ANY PERSON THAT RESULTS IN DAMAGE TO VEGETATION, SOILS OR HYDROLOGY OF THOSE AREAS; AND ANY NATURAL OCCURRENCE SUCH AS STORM EVENTS, DISEASE OR PESTS THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS OR HYDROLOGY OF THE RESTORATION AREAS.

Defendants (1)

• BROCK, BILLNamed in settlement

Facilities (1)

• WETLANDS - BILL BROCK

  STATE ROUTE 25, CORBIN, KY, 40701

  Registry ID: 110055367455

Statutes cited

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

Enforcement conclusions (1)

• BROCK, BILLentered 2013-09-19

  Primary law: CWA

Timeline (2 milestones)

• 2013-09-19Final Order Issued
• 2013-09-30Enforcement Action Data Entered