EPA v. STOREY, M. BERT (GRACEWOOD PROPERTIES, LLC)

Case summary

3/20/14 - ADMIN COMPLIANCE ORDER ON CONSENT. PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 1,690 LINEAR FEET OF STREAM THAT CONNECTS TO UNNAMED TRIBUTARY TO TURKEY CREEK, A NAVIGABLE WATER OF THE U.S. THE UNPERMITTED DISCHARGES OCCURED ON PROPERTY OWNED BY MR. BERT STOREY, NORTHWEST OF WALKER RD AND STATE ROUTE 23 IN EDGEFIELD COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF RECREATIONAL IMPOUNDMENTS WITH ASSOCIATED MECHANICAL LAND CLEARING DURING CONSTRUCTION OF DAMS. U.S. ARMY CORPS OF ENGINEERS CONDUCTED AN INSPECTION OF THE SITE ON NOV 22, 2011, AND FOUND UNPERMITTED DISCHARGES OF FILL MATERIAL IN JURISDICTIONAL WATERS OF THE U.S. THE CORPS FORWARDED THE CASE TO EPA ON FEB 1, 2012. EPA SENT MR. STOREY A CWA SECTION 308 INFO REQUEST ON MAY 22, 2012. MR. STOREY RESPONDED ON JUNE 26, 2012. EPA INSPECTED THE SITE ON NOV 13, 2012 AND FOUND UNPERMITTED DISCHARGES OF DREDGED MATERIAL IN JURISDICTIONAL WETLANDS. RESPONDENT, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE SITE THAT CONTAINED TWO LOCATIONS WHERE THE UNPERMITTED DICHARGES OCCURRED: POND 1 IS AN APPROX 5.50 ACRE IMPOUNDMENT ON LITTLE BEAVER DAM CREAK AND POND 2 IS AN APPROX 4 ACRE IMPOUNDMENT ON AN UNNAMED TRIBUTARY OF LITTLE BEAVER DAM CREEK DISCHARGE AREAS. COMMENCING ON OR ABOUT JULY 15, 2008 THRU AUG 3, 2009, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO LITTLE BEAVER DAM CREEK AND AN UNNAMED TRIBUTARY TO LITTLE BEAVER DAM BREEK USING A CASE 160 TRACK BACKHOE AND CASE 650 BULLDOZER IN ASSOCIATION WITH CONSTRUCTING THE UNAUTHORIZED IMPOUNDMENTS ON THE SITE. THE RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1,690 LINEAR FEET OF TRIBUTARIES ON THE SITE THAT HAVE A CONNECTION TO TURKEY CREEK, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: A. PONDS 1 AND 2 SHALL BE RESTORED IN ACCORDANCE WITH EPA APPROVED RESTORATION PLAN. PRIOR TO COMMENCING RESTORATION, THE RESPONDENT SHALL INSTALL BEST MANAGEMENT PRACTICES (BMPs) TO CONTROL THE DISCHARGE OF SEDIMENT TO DOWNSTREAM WATERS. B. RESPONDENT SHALL COMPLETE RESTORATION OF THE SITE WITHIN 90 DAYS AFTER RECEIPT OF THIS SIGNED AOC. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND PROVIDE EPA PHOTOS OF THE RESTORED SITE AND A NARRATIVE OF THE COMPLETED WORK. C. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR TWO YEARS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCCESS OF THE PLANTING. AFTER EACH ANNUAL INSPECTION, RESPONDENT SHALL REPLACE NON-VIABLE RIPARIAN SPECIES WITH THE NUMBER OF TARGET RIPARIAN SPECIES TO ENSURE THE VEGETATIVE SUCCESS CRITERION OF 150 LIVE STEMS PER ACRE IS ACHIEVED. D. UNLESS EPA OTHERWISE IN WRITING, RESPONDENT SHALL SUBMIT THE FIRST ANNUAL INSPECTION REPORT TO EPA ON OR BEFORE DEC 31, 2014, AND THE FINAL ANNUAL INSPECTION REPORT ON OR BEFORE DEC 31, 2015. INSPECTION REPORTS SHALL INCLUDE THE FOLLOWING: - DATE OF INSPECTION; - COLOR PHOTOGRAPHS OF THE RESTORATION SITE TAKEN FROM ESTABLISHED LOCATIONS; - APPROX NUMBER OF REPLANTED FORESTED SPECIES SURVIVING; - NUMBER OF RIPARIAN WETLAND SPECIES REPLANTED (IF REQUIRED) TO SATISFY THE 150 LIVE STEMS PER ACRE SURVIVAL RATE SUCCESS CRITERION; AND - ANY CORRECTIVE MEASURES TAKEN TO ENSURE STABILITY OF THE RESTORATION AREA. RESPONDENT SHALL REPORT TO EPA WITHIN 30 DAYS OF OCCURRENCE OF ANY OF THE FOLLOWING EVENTS: INTENTIONAL OR ACCIDENTIAL ENCROACHMENT INTO RESTORATION AREAS BY ANY PERSON THAT RESULTS IN DAMAGE TO THE VEGETATION, SOILS OR HYDROLOGY OF THOSE ACRES; 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)

• M. BERT STOREYNamed in complaintNamed in settlement

Facilities (1)

• EDGEFIELD (GRACEWOOD PROPERTIES, LLC)

  SC ROUTE 23 (WALKER ROAD), EDGEFIELD, SC, 29824

  Registry ID: 110055367428

Statutes cited

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

Enforcement conclusions (1)

• STOREY, M. BERT (GRACEWOOD PROPERTIES, LLC)entered 2014-03-20

  Primary law: CWA

Timeline (2 milestones)

• 2014-03-20Final Order Issued
• 2014-03-27Enforcement Action Data Entered