EPA v. JASPER ALLEN

Case summary

6/24/2014 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: COMMENCING ON OR ABOUT DECEMBER 2007, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINGERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF FORESTED WETLANDS TO BLUEBERRY PRODUCTION. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM DECEMBER 2007, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPONDENT AGREES TO RESTORE THE 3.98 ACRES OF IMPACTED WETLANDS ON THE SITE IN ACCORDANCE WITH THE MAY 2014, RESOLUTION/RESTORATION PLAN. THE RESOLUTION/RESTORATION PLAN INCLUDES REMOVAL OF DREDGED AND/OR FILL MATERIAL TO PRE-IMPACT SURFACT ELEVATION AND REPLANTING OF NATIVE TREE SPECIES AT A DENSITY OF 437 TREES PER ACRE. WITHIN 60 DAYS AFTER RECEIPT OF THE SIGNED AOC, RESPONDENT SHALL COMMENCE WITH REMOVAL OF DREDGED AND/OR FILL MATERIAL. WITHIN THE FIRST PLANTING SEASON AFTE EXECUTION OF THE AOC, RESPONDENT SHALL COMMENCE WITH PLANTING OF NATIVE TREE SPECIES, AS SPECIFIED. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION AND PLANTING, RESPONDENT SHALL SUBMIT WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. ONE YEAR AFTER COMPLETION OF PLANTING, RESPONDENT SHALL SUBMIT THE FIRST OF THREE ANNUAL MONITORING REPORTS THAT INCLUDES COLOR PHOTOGRAPHS AND A SUMMARY OF ANY CORRECTIVE MEASURES TAKEN. THE FIRST ANNUAL MONITORING REPORT SHALL BE SUBMITTED NO LATER THAN JUNE 30, 2016.

Defendants (1)

• JASPER ALLENNamed in settlement

Facilities (1)

• WETLANDS (JASPER ALLEN PROPERTY B)

  SOYBEAN ROAD, ALMA, GA, 31510

  Registry ID: 110058290656

Statutes cited

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

Enforcement conclusions (1)

• JASPER ALLENentered 2014-06-24

  Primary law: CWA

Timeline (2 milestones)

• 2014-06-24Final Order Issued
• 2014-07-02Enforcement Action Data Entered