EPA v. CROSS, CARSON

Case summary

8/14/14 - CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $17,000. PAYMENT WILL BE MADE IN INSTALLMENT PAYMENTS, WITH THE FIRST PAYMENT DUE WITHIN 60 DAYS. THE SECOND PAYMENT DUE 180 DAYS AFTER THE FIRST PAYMENT. THIRD PAYMENT IS DUE 180 DAYS AFTER THE SECOND PAYMENT. 4TH (FINAL) PAYMENT IS DUE 180 DAYS AFTER THE 3RD PAYMENT. ALLEGATIONS: THE DISCHARGE AREA IS APPROX 14.7 ACRES OF WETLANDS THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF BARK CAMP CREEK. BARK CAMP CREEK IS TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S., NORTH OF INMAN ROAD NEAR THE TOWN OF MIDVILLE, BURKE COUNTY, GA. MR. CARSON CROSS AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER/OPERATOR OF THE SITE. COMMENCING ON OR ABOUT JUNE 1, 2011, TO PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR AGRICULTURAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 14.7 ACRES OF JURISDICTIONAL WETLAND THAT ARE CONNECTED THRU BARK CAMP CREEK TO THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.

Defendants (1)

• CROSS, CARSONNamed in complaintNamed in settlement

Facilities (1)

• CROSS050713 (WETLANDS / CARSON CROSS)

  INMAN ROAD, MIDVILLE, GA, 30441

  Registry ID: 110055641792

Statutes cited

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

Enforcement conclusions (1)

• CROSS, CARSONentered 2014-08-14

  Primary law: CWA

  Federal penalty: $17,000

Timeline (4 milestones)

• 2014-08-14Final Order Issued
• 2014-08-14Complaint Filed/Proposed Order
• 2014-08-25Enforcement Action Data Entered
• 2016-05-26Enforcement Action Closed