EPA v. OLD SOUTH LAND/WALTON PLANTATION ROD & GUN CLUB/WALTON PLANTATION/OPO/MACLIN/WILLIS/KRENKEL/BLACK

Case summary

7/8/15-ADMIN COMPLIANCE ORDER ON CONSENT ISSUED. PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. THE IMPACTS OCCURRED IN PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK AND THEIR UNNAMED TRIBUTARIES AND THE ABUTTING AND ADJACENT FORESTED WETLANDS TO THESE WATERS. ON 6/2/09, EPA CONDUCTED AN INSPECTION OF THE DISCHARGE AREAS WITH THE ARMY CORPS OF ENGINEERS AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WATERS OF THE U.S. W/OUT A PERMIT UNDER CWA 404. COMMENCING ON OR ABOUT JUNE 27, 2006, RESPONDENTS WALTON, AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS WALTON, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A MOTOR CROSS TRACK AND AIRFIELD. RESPONDENTS WALTON'S UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A MOTOCROSS TRACK AND AIRFIELD IMPACTED 1.4 ACRES OF JURISDICTIONAL WETLANDS THAT ARE ADJACENT TO PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK AND THEIR UNNAMED TRIBUTARIES, WHICH ARE ALL TRIBUTARIES TO THE SHOAL RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404. RESPONDENTS WALTON HAVE VIOLATED CWA 404. AGREEMENT: ALL RESPONDENTS AGREE TO THE FOLLOWING: A.RESPONDENTS WALTON WILL RESTORE THE DISCHARGE AREAS IN ACCORDANCE WITH THE RESTORATION PLAN. THE RESTORATION WILL INCLUDE: REMOVAL OF FILL MATERIAL FROM JURISDICTIONAL WETLANDS IN THE MOTOR CROSS AREA IDENTIFIED AS SITE 8 IN EXHIBIT C AND THE AIRSTRIP AREA IDENTIFIED AS SITES 1 AND 2 IN EXHIBIT C; RESTORATION OF THOSE FILL AREAS TO ORIGINAL GRADE AND CONTOUR; STABILIZATION OF SUCH AFFECTED AREAS; REPLANTING WITH WETLAND SPECIES IN THOSE AREAS; AND MONITORING AND REPORTING OF RESTORATION PLAN SUCCESS IN WETLANDS IN THOSE AREAS. B.RESPONDENTS WALTON SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. RESTORATION MUST BE COMPLETED ON OR BEFORE JAN 15, 2016. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENTS WALTON SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION, A BASELINE MONITORING REPORT, AND SCHEDULE AN INSPECTION OF THE RESTORED AREAS. C.RESPONDENTS WALTON SHALL INSPECT THE RESTORED AREAS BIANNUALLY FOR 2 YRS AFTER COMPLETION OF INITIAL WETLAND SPECIES REESTABLISHMENT TO DETERMINE SUCCESS OF THE RESTORATION PLAN. AFTER EACH INSPECTION, RESPONDENTS WALTON SHALL REPLACE NON-VIABLE WETLAND SPECIES WITH THE NUMBER OF TARGET WETLANDS SPECIES TO ENSURE THE VEGETATIVE SUCCESS CRITERIA OUTLINED IN THE RESTORATION PLAN IS ACHIEVED. WETLAND SPECIES SHOULD BE REPLANTED DURING THE NEXT VEGETATIVE DORMANT SEASON FOLLOWING THE ANNUAL INSPECTION. MONITORING REPORTS SHALL BE SUBMITTED BIANNUALLY AND SHALL BE DUE ON OR BEFORE THE DATES OUTLINED IN THE ORDER. RESPONDENTS WALTON MUST SUBMIT A REPORT TO EPA THAT INCLUDES: (a) DATE OF INSPECTION; (b) PHOTOS; (c) CORRECTIVE MEASURES TAKEN TO ENSURE STABILITY OF THE RESTORATION AREAS. D. IN THE EVENT RESPONDENTS WALTON DO NOT COMPLETELY COMPLY, RESPONDENT OPO SHALL COMPLETE THOSE ACTIVITIES NOT PERFORMED BY WALTON WITHIN 180 DAYS FOLLOWING OPO'S RECEIPT OF WRITTEN NOTICE FROM EPA THAT RESPONDENTS WALTON HAVE FAILED TO COMPLETELY COMPLY. E. WITHIN 30 DAYS, RESPONDENT OPO SHALL CLOSE 3 LOW WATER CROSSINGS (LWC) LOCATED IN PINE LOG CREEK AND AN UNNAMED TRIBUTARY TO PINE LOG CREEK LABELED AS LWCs 1,2, AND 3. CLOSINGS SHALL CONSIST OF AT A MINIMUM, APPROPRIATE ROAD BLOCKS AT EACH END LANDWARD OF THE WETLAND LIMITS, SUCH AS PERMANENT POSTS AND CABLES, SUFFICIENT TO PREVENT VEHICULAR TRAFFIC FROM CROSSING WITH SUFFICIENT MARKINGS TO ADVISE THAT THE LOW WATER CROSSINGS ARE CLOSED. ANY SUCH BARRIER SHALL BE PLACED LANDWARD OF AND STREAM BUFFER REQUIREMENTS. THE ROADBED SHALL BE STABILIZED TO PREVENT EROSION AND ROADSIDE DRAINAGE SHALL BE DIRECTED AWAY FROM STREAM. F. OPO SHALL SUBMIT A CLOSURE REPORT

Defendants (8)

• OPO, LLCNamed in settlement
• WALTON PLANTATION PROPERTIESNamed in settlement
• MACLIN, HENRYNamed in settlement
• OLD SOUTH LAND, INC.Named in settlement
• WALTON PLANTATION ROD AND GUN CLUB, INC.Named in settlement
• BLACK, DAVIDNamed in settlement
• KRENKEL, ANDREWNamed in settlement
• WILLIS, RONNIENamed in settlement

Facilities (1)

• WETLANDS (WALTON PLANTATION)

  2231 COUNTY HIGHWAY 2, LAUREL HILL, FL, 32567

  Registry ID: 110038395607

Statutes cited

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

Enforcement conclusions (1)

• OLD SOUTH LAND/WALTON PLANTATION ROD & GUN CLUB/WALTON PLANTATION/OPO/MACLIN/WILLIS/KRENKEL/BLACKentered 2015-07-08

  Primary law: CWA

Timeline (2 milestones)

• 2015-07-08Final Order Issued
• 2015-07-21Enforcement Action Data Entered