EPA v. CROSS, CARSON

Case summary

8/28/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 14.7 ACRES OF WETLANDS THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF BARK CAMP CREEK, WHICH IS A TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACE WATER OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL 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 INMAN ROAD NEAR THE TOWN OF MIDVILLE, BURKE COUNTY, GA THAT CONTINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT JUNE 1, 2011 TO PRESENT, RESPONDENT, AND/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 ASSOCITAED WITH THE CLEARING AND FILLING OF WETLANDS FOR AGRICULTURAL FIELD PREPARATION. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT UNAUTHORIZED ACTIVITIES IMPACTED APPROX 14.7 ACRES OF WETLANDS THAT ARE ADJACENT TO UNNAMED TRIBUTARIES OF BARK CAMP CREEK, WHICH IS A TRIBUTARY OF THE OGEECHEE RIVER. AT NO TIME DURING THE DISCHARGE OF DREGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 1, 2011, TO PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. TO BE IN COMPLIANCE WITH THE CWA, ADDITIONAL FILL MUST BE REMOVED FROM AREAS 7a, 7c, AND 8d AS IDENTIFIED IN THE NRCS WETLAND MITIGATION PLAN, DATED DEC 20, 2013. IN THESE AREAS YOU MUST REMOVE ALL DREDGED AND/OR FILL MATERIAL WITHIN THE DISCHARGE AREAS TO THE ORIGINAL SOIL SURFACE AND REPLANT WETLANDS WITH APPROVED WETLAND SPECIES AS DETAILED IN THE NRSC PLAN. 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. RESTORE ALL AREAS AS DETAILED IN THE NRCS WETLAND MITIGATION PLAN DATED DEC 20, 2013. D. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS AFTER RECEIPT OF THE SIGNED AOC. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS AFTER RECEIPT OF THE SIGNED AOC. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• CROSS, CARSON (SB)Named 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 2014-08-28

  Primary law: CWA

Timeline (2 milestones)

• 2014-08-28Final Order Issued
• 2014-09-17Enforcement Action Data Entered