EPA v. CLEVE MOBLEY

Case summary

7/11/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,000, DUE WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT JUNE 1, 2012, TO PRESENT, RESPONDENT, 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 CLEARING AND FILLING OF WETLANDS FOR AGRICULTURAL FIELD PREPARATION. RESPONDENT IMPACTED APPROX 26.7 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF SEALS CREEK, WHICH IS A TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. COMMENCING ON OR ABOUT JUNE 1, 2012, 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 FIELD PREPARATION. RESPONDENT IMPACTED APPROX 26.7 ACRES OF WETLANDS THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF SEALS CREEK, WHICH IS A TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 1, 2012 TO PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• CLEVE MOBLEYNamed in complaintNamed in settlement

Facilities (1)

• CLEVE MOBLEY

  RALPH SMITH RD, MIDVILLE, GA, 30441

  Registry ID: 110056395208

Statutes cited

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

Enforcement conclusions (1)

• CLEVE MOBLEYentered 2014-07-11

  Primary law: CWA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2014-07-11Final Order Issued
• 2014-07-11Complaint Filed/Proposed Order
• 2014-07-30Enforcement Action Data Entered
• 2014-09-10Enforcement Action Closed