EPA v. STACER HELTON

Case summary

10/8/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THE AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 4500 LINEAR FEET OF ROBINSON CREEK AND APPROX 1 ACRE OF WETLANDS ADJACENT TO ROBINSON CREEK. ROBINSON CREEK IS A TRIBUTARY OF KEG CREEK, WHICH FLOWS INTO BUFFALO CREEK, A NAVIGABLE WATER OF THE U.S.. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF TWO IMPOUNDMENTS, APPROX 57 AND 10 ACRES IN SIZE. THE RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE TRACT OF LAND LOCATED SOUTH OF MIDDLE HILL ROAD NEAR THE TOWN OF SANDERSVILLE, WASHINGTON COUNTY, GA THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2006, THE RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A JURISDICTIONAL TRIBUTARY AND THE ADJACENT WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A LARGE DAM RESULTING IN AN IMPOUNDMENT OF APPROX 57 ACRES IN SIZE. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. COMMENCING ON OR ABOUT JUNE 2008 THE RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A JURISDICTIONAL TRIBUTARY AND THE ADJACENT WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A SECOND DAM, UPSTREAM OF THE FIRST, WHICH CREATED A SECOND IMPOUNDMENT OF APPROX 10 ACRES. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. ON MARCH 2, 2011, EPA ISSUED RESPONDENT A COMPLIANCE ORDER, CWA-04-2011-5758, REQUESTING A RESTORATION PLAN. ON JAN 17, 2012, RESPONDENT MET WITH EPA. RESPONDENT EXPLAINED THAT HIS INTENT WAS TO USE THE IMPOUNDMENTS FOR AGRICULTURAL PURPOSES. EPA ASKED FOR A WATER BUDGET FOR THE IMPOUNDMENTS WHICH WAS APPROVED IN JAN 2010 BY THE NATURAL RESOURCES CONSERVATION SERVICES (NRSC) TO JUSTIFY THE SIZE OF THE IMPOUNDMENTS. IN FEB 2012 RESPONDENT PROVIDED IT. EPA CONCLUDED RESPONDENT DID NOT HAVE SUFFICIENT IRRIGATED CROPLAND ACREAGE TO JUSTIFY THE COMBINED SIZE OF THE IMPOUNDMENT. THE AREA OF CROPLAND THAT RESPONDENT DOES HAVE WOULD JUSTIFY A 57-ACRE IMPOUNDMENT FOR IRRIGATION. THEREFORE, RESPONDENT'S UNAUTHORIZED ACTIVITIES DURING THE CONSTRUCTION OF THE SECOND DAM IMPACTED A NON-EXEMPTED AREA OF APPROX 230 LINEAR FEET OF ROBINSON CREEK AND APPROX 1 ACRE OF WETLANDS ADJACENT TO ROBINSON CREEK. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A CWA 404 PERMIT. ORDER REQUIRES: A. RESPONDENT SHALL INSTALL AN IRRIGATION SYSTEM SUFFICIENT TO IRRIGATE ADJACENT AGRICULTURAL FIELDS. IRRIGATION EQUIPMENT MUST BE EITHER INSTALLED OR UNDER CONTRACT WITHIN 180 DAYS. B. WITHIN 60 DAYS, RESPONDENT SHALL PROVIDE EPA WITH A FARM PLAN THAT DETAILS THE OPERATIONS OF THE FARM. THE PLAN SHOULD INCLUDE: PROPOSED CROP ROTATION, GENERAL PLANTING DATES, ACREAGE OF EACH CROP. C. RESPONDENT SHALL ENSURE THE BASEFLOW OF ROBINSON CREEK IS MAINTAINED THROUGHOUT THE YR. THE FLOW OF WATER BETWEEN THE REACHES OF ROBINSON CREEK UPSTREAM AND DOWNSTREAM OF THE IMPOUNDMENT SHALL NOT BE INTERRUPTED DUE TO LOW WATER LEVELS WITHIN THE IMPOUNDMENT. TO RESOLVE THE VIOLATIONS CREATED BY 2ND DAM: A. RESPONDENT SHALL REMOVE THE STANDPIPE FROM THE 10 ACRE IMPOUNDMENT TO ALLOW UNINTERRUPTED FLOW OF ROBINSON CR AND RETURN THE DAM TO AN EXEMPT RD CROSSING PER NRSC GUIDELINES. RESPONDENT MUST ENSURE THE RD CROSSING COMPLIES WITH THE 15 FEDERAL BEST MGMT PRACTICES FOR EXEMPT FARM ROADS. B. RESTORATION OF THE SECOND IMPOUNDMENT MUST BE COMPLETED WITHIN 180 DAYS.WITHIN 30 DAYS AFTER COMPLETION, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION.

Defendants (1)

• STACER HELTONNamed in settlement

Facilities (1)

• WETLANDS - STACER HELTON

  OFF OF MIDDLE HILL ROAD, SANDERSVILLE, GA, 31082

  Registry ID: 110044220777

Statutes cited

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

Enforcement conclusions (1)

• STACER HELTONentered 2014-10-08

  Primary law: CWA

Timeline (2 milestones)

• 2014-10-08Final Order Issued
• 2014-11-04Enforcement Action Data Entered