EPA v. CONSOLIDATED-TOMOKA LAND CO.

Case summary

6/1/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 163.4 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO THE LITTLE TOMOKA RIVER AND PRIEST BRANCH, WITHIN AN APPROX 3,500 ACRE PARCEL LOCATED WEST OF I-95, WITHIN SECTIONS 5, 6, 7, 8, 26, 27, 34 AND 35, TOWNSHIP 14 AND 15 SOUTH, RANGE 31 AND 32 EAST, VOLUSIA COUNTY, FL. ON FEB 11, 2015, PERSONNEL FROM EPA AND THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. COMMENCING ON OR ABOUT AUG 2006 UNTIL JUNE 2009 FOR THE PORTION OF THE SITE, LYING NORTH OF PRIEST BRANCH (THE NORTH TRACT) AND UNTIL 2010 FOR THE PORTION OF THE SITE LYING SOUTH OF PRIEST BRANCH (THE SOUTH TRACT) RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE 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 163.4 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 163.4 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS THAT ARE ADJACENT TO THE LITTLE TOMOKA RIVER AND PRIEST BRANCH, WHICH ARE PERENNIAL TRIBUTARIES OF THE TOMOKA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. RESPONDENT AGREES TO THE FOLLOWING AND FOR PURPOSES OF SECTION III OF THIS AOC, THE SITE WILL BE DIVIDED INTO 2 SECTIONS, THE NORTH TRACT AND THE SOUTH TRACT. NORTH TRACT: A. RESPONDENT SHALL RESTORE 77.77 ACRES OF WETLANDS ON THE NORTH TRACT. THE RESTORATION SHALL BE PERFORMED IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON MAY 16, 2016, BY BIO-TECH CONSULTING. THE RESTORATION WILL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (i) REMOVAL OF THE DREDGED AND/OR FILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS: (ii) RESTORATION OF THE IMPACTED AREAS TO THE GRADE AND CONTOUR AS IT EXISTED BEFORE THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL (iii) REPLANTING WITH NATIVE WETLAND VEGETATION WHERE NO ONE SPECIES FROM EACH STRATUM COMPRISES MORE THAN 30 PERCENT OF THE REPLANTED VEGETATION (iv) INVASIVE SPECIES AND PEST MGMT ACTIVITES (v) A SCHEDULE FOR IMPLEMENTATION (vi) LONG TERM MONITORING AND (vii) REPORTING OF RESTORATION PLAN SUCCESS TO EPA. B. THE DREDGED AND/FILL MATERIAL REMOVED SHALL BE PLACED IN AN UPLAND DISPOSAL AREA AND STABILIZED USING BMPs TO PREVENT EROSION AND RUNOFF. C. RESPONDENT SHALL BEGIN RESTORATION ACTIVITES IN ACCORDANCE WITH THE IMPLEMENTATION SCHEDULE INCLUDED IN THE RESTORATION PLAN. RESPONDENT COMPLETE RESTORATION ACTIVITIES ON THE NORTH TRACT ON OR BEFORE JUNE 1, 2017. SOUTH TRACT: A. RESPONDENT SHALL RESTORE 29.32 ACRES OF WETLANDS ON THE SOUTH TRACT AND CREATE 41.26 ACRES OF WETLANDS ON THE SOUTH TRACT. THE RESTORATION AND CREATION SHALL BE PERFORMED IN ACCORDANCE WITH THE RESTORATION PLAN. B. THE DREDGED AND/OR FILL MATERIAL REMOVED SHALL BE PLACED IN AN UPLAND DISPOSAL AREA AND STABILIZED USING BMPs TO PREVENT EROSION AND RUNOFF. C. RESPONDENT SHALL BEGIN RESTORATION AND CREATION ACTIVITIES IN ACCORDANCE WITH THE RESTORATION PLAN. RESPONDENT SHALL COMPLETE ON OR BEFORE JUNE 1, 2017. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO EPA WIHTIN 10 DAYS OF SUBMITTAL TO THE CORPS. ANY OF THE 57.04 ACRES OF DREDGED AND/OR FILL MATERIAL ON THE SOUTH TRACT THAT IS DENIED AFTER-THE-FACT PERMIT AUTHORIZATION BY THE CORPS WILL BE RESTORED IN ACCORDANCE WITH THE RESTORATION PLAN.

Defendants (1)

• CONSOLIDATED-TOMOKA LAND CO., TRACT BNamed in settlement

Facilities (1)

• WETLANDS - CONSOLIDATED-TOMOKA LAND CO., TRACT B

  2612 LPGA BOULEVARD, DAYTONA BEACH, FL, 32124

  Registry ID: 110069323645

Statutes cited

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

Enforcement conclusions (1)

• CONSOLIDATED-TOMOKA LAND CO.entered 2016-06-01

  Primary law: CWA

Timeline (3 milestones)

• 2016-06-01Final Order Issued
• 2016-06-08Enforcement Action Data Entered
• 2021-01-07Enforcement Action Closed