EPA v. SHILOH PECAN FARMS, INC.

Case summary

4/1/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO RESPONDENTS DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 67 ACRES OF FORESTED WETLANDS. THE DEPOSITIONED OCCURRED DURING ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A PECAN ORCHARD. RESPONDENT, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNDER OR OPERATOR OFTHE 479-ACRE AND 220-ACRE TRACTS LOCATED OFF OF GA HWY 37 IN BERRIEN COUNTY, GA THAT CONTAINED THE DISCHARGE AREA. BETWEEN ABOUT APRIL 2012 AND MAY 2014, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FORESTED WETLANDS ON TEH SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO A PECAN ORCHARD. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 67.25 ACRES OF FORESTED WETLANDS THAT ABUT AN UNNAMTED TRIBUTARY, WHICH FLOWS TO CAT CREEK, WHICH FLOWS INTO THE WITHLACOOCHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. ON SEPT 25, 2014, ENVIRONMENTAL AUDIT AND ASSESSMENT, INC SUBMITTED SITE INFO TO THE U.S. ARMY CORPS OF ENGINEERS REGARDING THE WORK THAT HAD BEEN CONDUCTED BETWEEN APR 2012 AND MAY 2014. IN DEC 2013, THE COE REFERRED THE CASE TO EPA DUE TO THE SIZE OF THE IMPACTS. ON MARCH 20, 2014, ENVIRONMENTAL AUDIT SUBMITTED A WETLAND DELINEATION MAP TO EPA. MAY MAY 13, 2014, EPA CONDUCTED A SITE INSPECTION TO VERIFY THE WETLAND DELINEATION PROVIDED BY ENVIRONMENTAL AUDIT. RESPONDENT TERMINATED ITS CONTRACT WITH ENVIRONMENTAL AUDIT AT THE END OF 2014 AND ON JAN 29, 2015, SOIL ENVIRONMENTAL SPECIALISTS, INC. ON BEHALF OF RESPONDENT SUBMITTED A REVISED WETLAND DELINEATION OF THE SITE FOR EPA'S APPROVAL. ON FEB 25, 2015, EPA CONDUCTED ANOTHER SITE INSPECTION TO VERIFY THE NEW DELINEATION PROVIDED BY SOIL ENVIRONMENTAL SPECIALISTS. EPA AGREED WITH THE ASSESSMENT AND DETERMINED THAT APPROX 67.25 ACRES OF WETLANDS HAD BEEN IMPACTED. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. RESPONDENT HAS VIOLATED CWA 301. AGREEMENT: RESPONDENT SHALL: A. RESTORE THE 67.25 ACRES OF IMPACTED WETLANDS FOLLOWING THE PROPOSED RESTORATION PLAN B. SUBMIT A MONITORING PLAN WITHIN 30 CALENDAR DYAS OF THE INITIAL PLANTING; AND C. SUBMIT YEARLY MONITORING REPORTS TO EPA FOR 5 YEARS NO LATER THAN DEC 31ST ANNUALLY. WITHIN 30 CALENDAR DAYS AFTER COMPLETION OF THE ABOVE, RESPONDENT SHALL SUBMIT A FINAL REPORT TO EPA. IF EPA DETERMINES THAT ALL REQUIREMENTS HAVE BENE COMPLETED EPA WILL PROVIDE NOTICE TO RESPONDENT AND THIS AOC SHALL BE DEEMED TERMINATED. IF NOT, EPA WILL NOTIFY RESPONDENT, PROVIDE A LIST OF DEFICIENCIES AND MAY REQUIRE RESPONDENT TO MODIFY ITS ACTION AS APPROPRIATE IN ORDER TO CORRECT.

Defendants (1)

• SHILOH PECAN FARMS, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (SHILOH PECAN FARMS)

  COUNTY ROAD 33, KAY CITY, GA, 31645

  Registry ID: 110059716482

Statutes cited

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

Enforcement conclusions (1)

• SHILOH PECAN FARMS, INC.entered 2015-04-01

  Primary law: CWA

Timeline (2 milestones)

• 2015-04-01Final Order Issued
• 2015-05-05Enforcement Action Data Entered