EPA v. PLAYER, JOEL B., JR.

Case summary

9/29/15 - 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 AN APPROX 460-FOOT BY 20-FOOT WIDE CAUSEWAY CONSTRUCTED IN THE EASTERN END OF DUKE LAKE AND ITS ADJACENT WETLANDS, AN OXBOW LAKE THATIS CONNECTED AT HIGH WATER TO THE BLACK RIVER, NORTHEAST OF HIGHWAY 261, APPROX 5 MILES NORTHWEST OF KINGSTREE, SC. ON APR 2, 2004, MR. PLAYER TRANSMITTED A LETTER TO THE U.S. ARMY CORPS OF ENGINEERS REQUESTING WRITTEN CONFIRMATION OF A PRIOR DISCUSSION REGARDING CONSTRUCTION OF A ROAD AT HIS DUKE LAKE PROPERTY. ON SEPT 4, 2006, MR. PLAYER TRANSMITTED A LETTER TO THE CORPS ENCLOSING DOCUMENTS PREVIOUSLY REQUESTED BY THE CORPS. ON OR ABOUT AUG 17, 2007, THE SC FORESTRY COMMISSION (SCFC) TRANSMITTED A LETTER TO MR. PLAYER ADVISING THAT THE PROPOSED ROAD MEETS THE BMP GUIDELINES FOR THE HARVEST OF TIMBER AND THAT THE CORPS HAD ADVISED SCFC THAT THIS INFO WAS SATISFACTORY TO THE CORPS BUT THAT THE ROAD MAY NEED TO BE RE-EVALUATED AFTER HARVEST. ON AUG 17, 2007, SCFC TRANSMITTED A LETTER TO THE CORPS ADVISING THAT SCFC DEFINITELY MEETS SILVICULTURAL EXEMPTION GUIDELINES AS A TEMPORARY ROAD. ON SEPT 14, 2007, THE CORPS TRANSMITTED A LETTER TO MR. PLAYER ADVISING HIM THAT HIS PROPOSED FORESTRY ACCESS ROAD, WITH CROSSINGS THRU WATERS OF THE U.S., TO FACILITATE A SILVICULTURE OPERATION WAS EXEMPT FROM PERMITTING REQUIREMENTS AS LONG AS IT DID NOT IMPEDE THE CIRCULATION OR RESULT IN SIGNIFICANT ALTERATIONS TO THE FLOW, CIRCULATION, REACH OR SIZE OF THE WATERS OF THE U.S. ON OCT 12, 2012, EPA TRANSMITTED A LETTER TO MR. PLAYER THAT CONCLUDED THE FORESTRY ROAD WAS NOT AN EXEMPT FOREST ROAD UNDER CWA 404 EXEMPTIONS OR EPA REGS AT 40 CFR 232.3. EPA LETTER DISCUSSED POSSIBLE MODIFICATIONS TO THE CAUSEWAY TO FACILITATE COMPLIANCE WITH THE FORESTRY ROAD EXEMPTIONS IN THE CWA AND EPA REGS. ON FEB 12, 2013, THE CORPS TRANSMITTED A LETTER TO MR. PLAYER THAT CONCLUDED THE CUASEWAY IN DUKE LAKE WAS NOT IN COMPLIANCE WITH THE BMPs AT 33 CFR 323.4(a)(6) AND EITHER REQUIRED AN AFTER-THE-FACT CWA 404 PERMIT REVIEW OR MODIFICATION TO FIT WITHIN THE REGS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED LESS THAN 1 ACRE OF DUKE LAKE AND ITS ADJACENT WETLANDS WHICH ARE SEASONALLY INUNDATED BY THE BLACK RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL FROM 2003 UNTIL PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.

Defendants (1)

• PLAYER, JOEL B., JR.Named in settlement

Facilities (1)

• DUKE'S LAKE / MR. JOEL PLAYER

  HIGHWAY 261, KINGSTREE, SC, 29056

  Registry ID: 110046309990

Statutes cited

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

Enforcement conclusions (1)

• PLAYER, JOEL B., JR.entered 2015-09-29

  Primary law: CWA

Timeline (2 milestones)

• 2015-09-29Final Order Issued
• 2015-09-30Enforcement Action Data Entered