EPA v. CONSOLIDATED-TOMOKA LAND CO. (TOMOKA TOWN CENTER)

Case summary

5/6/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INTO APPROX 3.05 ACRES OF FORESTED FRESHWATER WETLANDS ADJACENT TO AN UNNAMED CANAL THAT IS TRIBUTARY TO THE TOMOKA RIVER, ON PROPERTY LOCATED AT THE SE CORNER OF US INTERSTATE 95 AND LPGA BLVD, VOLUSIA COUNTY, FL. ON FEB 10, 2015, PERSONNEL FROM EPA AND THE ARMY CORPS OF ENGINEERS CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. ON APR 7, 2015, RESPONDENT SUBMITTED A WETLAND RAPID ASSESSMENT PROCEDURE (WRAP) RATING INDEX FOR THE IMPACTED WETLANDS WITHIN THE DISCHARGE AREA. COMMENCING ON OR ABOUT AUG 2006 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF O RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH CONVERTING THE SITE FROM A SILVICULTURE OPERATION TO HAY PRODUCTION. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 3.05 ACRES OF FORESTED FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. AT NO TIME DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT SHALL PURCHASE 2.0 MITIGATION CREDITS FROM THE FARMTON MITIGATION BANK TO MITIGATE FOR 3.05 ACRES OF IMPACT AND PROVIDE PROOF OF SUCH MITIGATION CREDIT PURCHASE TO EPA WITHIN 180 DAYS. B. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE CORPS FOR A NATIONWIDE PERMIT 32, AUTHORIZING APPROX 3.05 ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN WATERS OF THE U.S. AT THE DISCHARGE AREA. IF GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. C. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO EPA WITHIN 10 DAYS OF SUBMITTAL OF SUCH TO THE CORPS. D. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE CORPS' PERMIT AUTHORIZATION WITHIN 10 DAYS.

Defendants (1)

• CONSOLIDATED-TOMOKA LAND CO.Named in settlement

Facilities (1)

• WETLANDS - TOMOKA TOWN CENTER

  1530 CORNERSTONE BOULEVARD, DAYTONA BEACH, FL, 32117

  Registry ID: 110063864251

Statutes cited

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

Enforcement conclusions (1)

• CONSOLIDATED-TOMOKA LAND CO. (TOMOKA TOWN CENTER)entered 2015-05-06

  Primary law: CWA

Timeline (2 milestones)

• 2015-05-06Final Order Issued
• 2015-05-07Enforcement Action Data Entered