EPA v. DELACY MAGNUS PEAVY

Case summary

6/2/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX .554 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO THE WAKULLA RIVER, ON PROPERTY LOCATED AT 1005 RIVER PLANTATION ROAD, CRAWFORDVILLE, FL. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER/OPERATOR OF THE PARCEL OF LAND LOCATED AT 1005 RIVER PLANTATION ROAD, CRAWFORDVILLE, FL. COMMENCING ON OR ABOUT FEB 1, 2011, RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES. CURRENTLY, THE FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX .554 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO THE WAKULLA RIVER. THE WAKULLA RIVER IS A TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT FEB 1, 2011 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: RESPONDENT AGREES TO PERFORM THE FOLLOWING: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON FEB 16, 2014, AND REVISED ON MARCH 21, 2014, BY GARLICK ENVIRONMENTAL ASSOCIATES, INC., ON BEHALF OF THE RESPONDENT. RESTORATION WILL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: REMOVAL OF FILL MATERIAL FROM JURISDICTIONAL WETLANDS; RESTORATION OF FILL AREAS; STABILIZATION OF AFFECTED AREAS; REPLANTING WETLAND SPECIES; REMOVAL OF TWO CULVERTS; AND MONITORING AND REPORTING OF RESTORATION PLAN SUCCESS IN WETLANDS AREAS 1, 2, AND 3. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED BY DEC 1, 2014. WITHIN 30 DAYS AFTER COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITES. AS REQUIRED IN THE RESTORATION PLAN, RESPONDENT SHALL PREPARE A BASELINE ASSESSMENT, INSPECT THE RESTORED AREAS SEMI ANNUALLY, AND PROVIDE MONITORING REPORTS WITHIN 30 DAYS OF THE MONITORING EVENT AS OUTLINED BELOW: BASELINE MONITORING REPORT - DUE DEC 31, 2014; FIRST SEMI-ANNUAL MONITORING REPORT - DUE JUNE 29, 2015; SECOND SEMI-ANNUAL MONITORING REPORT - DUE DEC 28, 2015; FINAL MONITORING REPORT - DUE JUNE 27, 2016. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT FOR PERMIT AUTHORIZATION FOR THE 4 LOW-WATER CROSSINGS DEPICTED IN EXHIBIT C. IF GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO EPA WITHIN 30 DAYS OF SUBMITTAL OF SUCH TO THE CORPS. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE CORPS' PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE.

Defendants (1)

• DELACY PEAVY PEAVYNamed in settlement

Facilities (1)

• WETLANDS (DELACY MAGNUS PEAVY)

  1005 RIVER PLANTATION ROAD, CRAWFORDVILLE, FL, 32327

  Registry ID: 110059786110

Statutes cited

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

Enforcement conclusions (1)

• DELACY MAGNUS PEAVYentered 2014-06-02

  Primary law: CWA

Timeline (2 milestones)

• 2014-06-02Final Order Issued
• 2014-06-25Enforcement Action Data Entered