EPA v. BENNY MIMS (MIMS FARM)

Case summary

8/8/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THE AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 3.3 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF DOOLEY BRANCH. DOOLEY BRANCH IS A PERENNIAL TRIBUTARY OF BUCKHEAD CREEK, WHICH FLOWS TO THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING AGRICULTURAL ACTIVITIES ON THE SITE. COMMENCING ON OR ABOUT JAN 2013 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.3 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF DOOLEY BRANCH, A TRIBUTARY OF BUCKHEAD CREEK, A TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE MITIGATION PLAN PREPARED BY NRCS AND SIGNED BY RESPONDENT ON NOV 5, 2015. WITHIN 30 DAYS, RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. RESTORATION MUST BE COMPLETED ACCORDING TO THE TIMELINE ESTABLISHED BY THE NRCS. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• MIMS, BENNYNamed in settlement

Facilities (1)

• WETLANDS - MIMS FARM (MIMS10212014)

  HWY 25, MILLEN, GA, 30442

  Registry ID: 110064570735

Statutes cited

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

Enforcement conclusions (1)

• BENNY MIMS (MIMS FARM)entered 2016-08-08

  Primary law: CWA

Timeline (2 milestones)

• 2016-08-08Final Order Issued
• 2016-08-18Enforcement Action Data Entered