EPA v. GASKINS, MIKE

Case summary

4/7/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND OR FILL MATERIAL INTO JURISDICTINAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX .33 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF THE FLINT RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RECREATIONAL IMPOUNDMENT. THE IMPACTS TO WATERS OF THE U.S. WERE OBSERVED BY AN EPA INSPECTOR AFTER A NEIGHBOR COMPLAINED TO HIS CONGRESSMAN, REPRESENTATIVE WESTMORELAND. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE TRACT OF LAND LOCATED EAST OF MIDVILLE ROAD, NORTH OF THE INTERSECTION OF TRI COUNTY ROAD, NEAR THE TOWN OF BROOKS, SPALDING COUNTY, GA, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT JUNE 2006 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RECREATIONAL IMPOUNDMENT ON THE SITE. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.33 ACRES OF WETLANDS THAT DRAIN TO THE FLINT RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 2006 TO PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT WILL SUBMIT AN APPLICATION TO TH U.S. ARMY CORPS OF ENGINEERS (COE) FOR A PERMIT FOR THE IMPOUNDMENT UNDER REGIONAL PERMIT 90 OR NATIONWIDE PERMIT 32 WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AOC. B. RESPONDENT SHALL PURCHASE 2.38 WETLAND CREDITS FROM AN APPROED MITIGATION BANK CONSISTENT WITH THE TIMEFRAME REQUIRED IN THE COE PERMITTING PROCESS. C. WITHIN 30 DAYS OF RECEIVING THE COE PERMIT, THE RESPONDENT SHALL SUBMIT PROOF OF THE COE PERMIT AN DMITIGATION PURCHASE TO EPA. D. IF THE RESPONDENT IS UNABLE TO OBTAIN THE COE PERMIT WITHIN 90 DAYS, THEN RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA THAT DETAILS THE REMOVAL OF THE DAM AND THE REESTABLISHMENT OF WETLAND VEGETATION.

Defendants (1)

• GASKINS, MIKENamed in settlement

Facilities (1)

• GASKINS PROPERTY

  450 TRI COUNTY, BROOKS, GA, 30205

  Registry ID: 110055186187

Statutes cited

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

Enforcement conclusions (1)

• GASKINS, MIKEentered 2016-04-07

  Primary law: CWA

Timeline (2 milestones)

• 2016-04-07Final Order Issued
• 2016-09-19Enforcement Action Data Entered