EPA v. MOBLEY, CLEVE

Case summary

6/2/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTION WETLANDS AND WATERS OF THE U.S. INCLUDING 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. THE DEPOSITION OF DREDGED AND/OR FILL MATERIL OCCURRED DURING ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR AGRICULTURAL FIELD PREPARATION. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE TRACT OF LAND NORTH OF RALPH SMITH ROAD NEAR THE TOWN OF MIDVILLE, BURKE COUNTY, GA, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR AOBUT JUNE 1, 2012, TO PRESENT, 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 CLEARING AND FILLING OF WETLANDS FOR AGRICULTURAL FIELD PREPARATION. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES 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 INTO THE DISCHARGE AREA FROM JUNE 1, 2012 TO PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: A. REMOVE ALL DREDGED AND/OR FILL MATERIAL WITHIN THE DISCHARGE AREA TO THE ORIGINAL SOIL SURGACE AND REPLANT WETLANDS WITH APPROVED WETLAND SPECIES. B. THE DREDGED AND/OR FILL MATERIAL REMOVED SHALL BE PLACED IN AN UPLAND DISPOSAL AREA AND STABILIZED USING BEST MGMT PRACTICES TO PREVENT EROSION AND RUNOFF. C. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. D. RESPONDENT SHALL MONITOR RESTORATION AREAS FOR A PERIOD OF 3 YRS TO ENSURE 80% SURVIVABILITY OF PLANTED SPECIES. ANNUAL REPORTS MUST INCLUDE COLOR PHOTOGRAPHS AND A SUMMARY OF ANY CORRECTIVE MEASURES REQUIRED. ANNUAL REPORTS ARE TO BE SUBMITTED BY DEC 31st OF EACH YEAR FOLLOWING COMPLETION OF THE RESTORATION ACTIVITIES.

Defendants (1)

• MOBLEY, CLEVENamed 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)

• MOBLEY, CLEVEentered 2014-06-02

  Primary law: CWA

Timeline (2 milestones)

• 2014-06-02Final Order Issued
• 2014-06-26Enforcement Action Data Entered