EPA v. D&H PROPERTIES, LLC

Case summary

6/22/15 - 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 6.48 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS THAT ARE ADJACENT TO MILL BAYOU, A TIDALLY INFLUENCED NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD. ON AUG 21, 2014, THE U.S. ARMY CORPS OF ENGINEERS ISSUED A CEASE AND DESIST ORDER TO RESPONDENT PROHIBITING RESPONDENT FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. ON OCT 7, 2014, PERSONNEL FROM EPA AND THE CORPS CONDUCTED A JOINT INSPECTION. COMMENCING ON OR ABOUT JUNE 24, 2014, TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF 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 RESIDENTIAL NEIGHBORHOOD. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 6.48 ACRES HERBACEOUS AND FORESTED FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON MAY 11, 2015 BY CYPRESS ENVIRONMENTAL ON BEHALF OF THRE RESPONDENT. THE RESTORATION WILL INCLUDE, BUT NOT BE LIMITED TO (1) REMOVAL OF FILL MATERIAL FROM JURISDICTIONAL WETLANDS; (2) RESTORATION OF FILL AND EXCAVATION AREAS; (3) STABILIZATION OF AFFECTED REAS REPLANTING WETLAND SPECIES; (4) MONITORING AND REPORTING OF PLAN SUCCESS. DURING CONSTRUCTION, SEDIMENT AND EROSION CONTROL MEASURES TO PREVENT SILTATION OF WETLANDS AND WATERWAYS SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL REGS. B. THE DREDGED AND/OR FILL MATERIAL REMOVED SHALL BE PLACED IN AN UPLAND DISPOSAL AREA AND STABLIZED USING BEST MGMT PRACTICES TO PRVENT EROSION AND RUNOFF. C. RESONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. D. RESTORATION MUST BE COMPLETED BY DEC 1, 2015. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE AREAS. E. AS PLAN REQUIRES, RESPONDENT SHALL PREPARE A BASELINE ASSESSMENT WITHIN 30 DAYS OF COMPLETION OF PLANTING/SEEDING, INSPECT THE RESTORED AREAS ANNUALLY FOR 4 YRS THEREAFTER UNTIL PERFORMANCE STANDARDS HAVE BEEN MET FOR 12 CONSECUTIVE MONTHS W/OUT INTERVENTION, AND PROVIDE ANNUAL MONITORING REPORTS. F. AFTER EACH INSPECTION, RESPONDENT SHALL REPLACE NON-VIABLE WETLAND SPECIES WITH THE NUMBER OF TARGET WETLANDS SPECIES TO ENSURE THE PLAN'S BEGETATIVE SUCCESS CRITERIA AS SPECIFIED IN THE PLAN HAS BEEN ACHIEVED. WETLANDS SPECIES SHOULD BE REPLANTED DURING THE NEXT VEGETATIVE DORMANT SEASON FOLLOWING THE ANNUAL INSPECTION. AN INSPECTION REPORT SHALL BE SUBMITTED ANNUALLY ON OR BEFORE APR 15 OF EACH YR FOLLOWING THE BASELINE ASSESSMENT. G. WITHIN 60 DAYS, RESPONDENT AGREES TO IMPLEMENT A DEED OF CONSERVATION EASEMENT, AS APPROVED BY THE CORPS, PROVIDING FOR 3RD PARTY BENEFICIAR RIGHTS TO THE CORPS PERTAINING TO APPROX 0.6 ACRES; COMPLY WITH ALL REQUIREMENTS CONTAINED THEREIN; AND RECORD SUCH DEED ALONG WITH AN EXECUTED COPY OF THIS AOC IN THE APPROPRIATE RECORDER OF DEEDS OFFICE IN BAY COUNTY, FL. RESPONDENT SHALL PROVIDE A COPY OF THE RECORDED DEED OF CONSERVATION EASEMENT TO EPA WITHIN 10 DAYS OF ITS RECEIPT OF THE RECORDED INSTRUMENT FROM BAY COUNTY'S RECORDER OF DEEDS OFFICE.

Defendants (1)

• D&H PROPERTIES, LLC (SB)Named in settlement

Facilities (1)

• D & H PROPERTIES 10072014

  4121 EAST HWY 390, PANAMA CITY, FL, 32404

  Registry ID: 110063701436

Statutes cited

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

Enforcement conclusions (1)

• D&H PROPERTIES, LLCentered 2015-06-22

  Primary law: CWA

Timeline (2 milestones)

• 2015-06-22Final Order Issued
• 2015-06-29Enforcement Action Data Entered