EPA v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

Case summary

1/26/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2.2 ACRES OF EXCAVATION IN JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. DURING THE CONSTRUCTION OF A CHANNEL APPROX 1.5 MILES LONG, 12 FEET WIDE, WITH SOME WIDER AREAS, AND 2 TO 5 FEET DEEP WITH MATERIAL SIDECAST ALONG THE CHANNEL INTO ADJACENT FRESHWATER WETLANDS KNOWN AS COWBONE MARSH ADJACENT TO AND ABUTTING FISEATING CREEK. FISHEATING CREEK IS A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED IN AN AREA KNOWN AS COWBONE MARSH, GLADES COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCITON OF AN UNAUTHORIZED NAVIGATION CHANNEL IN JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. ON JULY 15, 2010, THE U.S. ARMY CORPS OF ENGINEERS ISSUED A CEASE AND DESIST ORDER TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION PROHIBITING RESPONDENT FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. ON AUG 10, 2010, THE CORPS REFERRED THE ENFORCEMENT CASE TO EPA. ON SEPT 7, 2010, EPA ISSUED AN ADMIN COMPLIANCE ORDER AND 308 INFO EREQUEST TO RESPONDENT, ORDERING RESPONDENT TO SUBMIT A RESTORATION PLAN. ON NOV 11, 2010, RESPONDENT SUBMITTED A RESPONSE TO THE 308 INFO REQUEST. ON DEC 16, 2010, EPA HELD A SHOW CAUSE MTG WITH RESPONDENT OT DISCUSS RESOLUTION. ON JAN 24, 2011, RESPONDENT SUBMITTED A HYDROLOGIC RESTORATION PLAN THAT INCLUDED PLANS TO INSTALL A SERIES OF FLOW-BLOCK STRUCTURES IN THE DISCHARGE AREA INTENDED TO RAISE WATER LEVELS WITHIN COWBONE MARSH TO PRE-IMPACT LEVELS AND PREVENT ACCELERATED DRAINAGE OF COWBONE MARSH. ON FEB 16, 2011, EPA ISSUED COMMENTS ON THE JAN 24, 2011, HYDROLOGIC RESTORATION PLAN SUBMITTED BY RESPONDENT. ON FEB 23, 2011, PERSONNEL FROM EPA, CORPS, AND THE FL DEPT OF ENVIRONMENTAL PROTECTION (FDEP) CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. ON MARCH 10, 2011, EPA ISSUED AN ADMIN COMPLIANCE ORDER REQUIRING RESPONDENT TO CONSTRUCT ONE CHECK DAM IN THE UPPER REACHES OF THE DISCHARGES TO MINIMIZE THE LOSS OF GROUNDWATER AND PRVENT DRAINING OF COWBONE MARSH, OXIDATION OF SOILS, REDUCED FLOOD STORAGE AND LOSS OF HABITAT. THE ORDER ALSO REQUIRED RESPONDENT TO SUBMIT A REVISED RESTORATION AND MONITORING PLAN TO INCLUDE RESTORATION OF THE CUT CHANNEL TO PRE-IMPACT ELEVATIONS. ON APR 25, 2011, EPA ISSUED AN ADMIN COMPLIANCE ORDER AUTHORIZING RESPONDENT TO CONSTRUCT 5 CHECK DAMS IN THE DISCHARGE AREA TO MINIMIZE THE LOSS OF GROUNDWATER, MINIMIZE FLOW VELOCITIES, REDUCE TRANSPORT OF SEDIMENT, AND PREVENT FURTHER IMPACTS TO COWBONE MARSH AND FISHEATING CREEK. ON JUNE 4, 2012, RESPONDENT SUBMITTED A PLAN WHICH ESTABLISHES METHODS AND SUCCESS CRITERIA FOR BACKFILLING THE CUT CHANNEL TO PRE-IMPACT ELEVATIONS TO EPA FOR REVIEW. EPA PROVIDED COMMENTS AND ON AUG 7, 2012, RESPONDENT SUBMITTED A FINAL PLAN THAT ADDRESSED EPA'S COMMENTS. EPA CORRECTED 1 MAP AND APPROVED THE REVISED PLAN. ON SEPT 5, 2012, EPA ISSUED ACO ON CONSENT THAT INCORPORATED THE AUG 7, 2012 PLAN. ON DEC 10, 2014, RESPONDENT SUBMITTED A REVISED PLAN WHICH ESTABLISHES METHODS AND SUCCESS CRITERIA FOR BACKFILLING THE CUT CHANNEL TO PRE-IMPACT ELEVATIONS AND INCLUDES A HIGH WATER CHANNEL WITHIN THE BOUNDARIES OF THE RESTORED CUT. ORDER REQUIRES: A. RESPONDENT WILL RESTORE DISCHARGE AREA IN ACCORDANCE WITH THE PLAN SUBMITTED DEC 10, 2014; INCLUDING CREATING A TEMP ACCESS ROAD; BACKFILLING THE CUT CHANNEL TO ORIGINAL GRADE AND CONTOUR THAT INCLUDES A HIGH WATER CHANNEL WITHIN THE BOUNDARIES OF THE RESTORED CUT; STABILIZING THE AFFECTED AREAS; MAINTAINING THE EXISTING CHECK DAMS; REPLANTING WETLAND SPECIES; AND LONG-TERM MONITORING AND REPORTING OF PLAN SUCCESS.

Defendants (1)

• FLORIDA FISH AND WILDLIFE CONSERVATIONNamed in settlement

Facilities (1)

• WETLANDS (FLORIDA FISH AND WILDLIFE COMMISSION)

  620 SOUTH MERIDIAN STREET, TALLAHASSEE, FL, 32399

  Registry ID: 110043461394

Statutes cited

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

Enforcement conclusions (1)

• FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIONentered 2015-01-26

  Primary law: CWA

Timeline (2 milestones)

• 2015-01-26Final Order Issued
• 2015-02-10Enforcement Action Data Entered