EPA v. SARALAND, LLLP/MIDDLE GEORGIA ROAD BUILDERS AND DEVELOPERS, INC./ROBERT SUTTON

Case summary

2/11/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL DURING THE CONSTRUCTION OF A RECREATIONAL LAKE APPROX 200 ACRES IN SIZE. THE DISCHARGES INTO JURISDICTIONAL WETLANDS AND WTER OF THE U.S. IMPOUNDED APPROX 3 MILES OF UNNAMED TRIBUTARIES AND 94 ACRES OF WETLANDS THAT ARE ADJACENT TO THE UNMANED TRIBUTARIES ON PROPERTY OWNED BY SARALAND, LLLP. SINCE THE LAKE HAS BEEN DRAINED, THE IMPACTS HAVE BEEN REDUCED TO THE FILL IN THE DAM FOOTPRINT AND IMPACTS TO SEVERAL HUNDRED FEET OF THE TRIBUTARIES AND THE WETLANDS ADJACENT TO THESE TRIBUTARIES. THESE TRIBUTARIES FLOW INTO GUM SWAMP CREEK, WHICH IS IMPOUNDED TO FORM LITTLE OCMULGEE LAKE, A NAVIGABLE-IN-FACT WATER OF THE U.S IN THE STATE OF GA. SARALAND, LLLP WAS THE OWNDER AND OPERATOR OF THE TRACT OF LAND THAT CONTAINED THE DISCHARGE AREA. LISTER HARRELL WAS THE PRESIDENT AND MAJORITY OWNDER OF SARALAND, LLLP. THE RESPONDENTS )MR. ROBERT SUTTON, SARALAND, LLLP, AND MIDDLE GEORGIA ROAD BUILDERS AND DEELPOERS, INC. (MGRB)) AND LISTER HARRELL DIRECTED, SUPERVISED, AND/OR CARRIED OUT THE EARTHMOVING ACTIVITIES THAT RESULTED IN THE DISCHARGES AT THE SITE. ROBERT SUTTON AND MGRB WERE OPERATORS ON THE SITE DURING THIS TIME PERIOD. COMMENCING ON OR AOBUT MAY 2007, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO TRIBUTARIES AND WETALNDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTIO OF A RECREATIONAL LAKE. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: A. RESPONDENTS WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN DATED MAY 7, 2014. B. THE RESTORATION PLAN WILL CONSIST OF 2 PHASES THAT WILL BE IMPLEMENTED IN THE FIELD IN THE MOST EFFICIENT MANNER TO ACHIEVE THE DESIRED RESTORATION. PHASE I, WHICH MAY HAPPEN BEFORE, AFTER, OR DURING THE PORTIONS OF PHASE II ACTIVITIES, WILL INVOLVE THE COMPLETE REMOVAL OF THE DAM CONSTRUCTED BY RESPONDENTS ALONG THE SW BORDER OF THE DRAINED LAKE (RA6) AND THE INSTALLATION OF AN ARMORED LOW WATER CROSSING AT THE OLD SIMMONS RD LOCATION (RA5). PHASE II WILL CONSIST OF STREAM AND WETLAND RESTORATION IN 4 ADD'L AREAS IDENTIFIED IN THE RESTORATION PLAN: RA1, RA2, RA3 AND RA4. C. THE AGMT IS CONTINGENT UPON APPROVAL BY THE BANKRUPTCY COURT, SDGA, DUBLIN DIV, CASE NO 12-30112-SDB. D. DREDGED AND/OR FILL MATERIAL REMOVED IN PHASE 1 SHALL BE PLACED IN AN UPLAND BORROW AREA AS SPECIFIED IN THE RESTORATION PLAN. DISPOSAL AREAS MUST BE STABLIZED USING BEST MGMT PRACTICES TO PREVENT EROSION AND RUNOFF. E. RESPONDENTS 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 OF COMPLETION, RESPONDENTS SHALL SUBMIT OT EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (3)

• SUTTON, ROBERTNamed in settlement
• SARALAND, LLLPNamed in settlement
• MIDDLE GEORGIA ROAD BUILDERS AND DEVELOPERS, INC.Named in settlement

Facilities (1)

• WETLANDS (SARALAND LAKE)

  100 ACRES NEAR NORTH SIDE OF OCMULGEE CHURCH RD, EASTMAN, GA, 31023

  Registry ID: 110064035823

Statutes cited

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

Enforcement conclusions (1)

• SARALAND, LLLP/MIDDLE GEORGIA ROAD BUILDERS AND DEVELOPERS, INC./ROBERT SUTTONentered 2015-02-11

  Primary law: CWA

Timeline (2 milestones)

• 2015-02-11Final Order Issued
• 2015-04-13Enforcement Action Data Entered