EPA v. JULIAN RIGBY AND ALMA BRIGHTLEAF BLUEBERRY FARMS, INC.

Case summary

9/7/16 - 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 24.6 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF TENMILE CREEK. TENMILE CREEK IS A PERENNIAL TRIBUTARY OF HURRICANE CREEK, WHICH FLOWS TO THE ALABAHA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONVERSION OF WETLANDS FOR BLUEBERRY PRODUCTION ACTIVITIES ON THE SITE. THE DISCHARGE AREA CONTAINS 3 SEPARATE PARCELS. RESPONDENTS, AT ALL TIME RELEVANT TO THIS AOC, WERE THE OWNERS AND/OR OPERATORS OF THE 3 TRACTS OF LAND LOCATED NEAR OR ADJACENT TO HIGHWAY 32 NEAR THE TOWN OF ALMA, BACON COUNTY, GA. COMMENCING ON OR ABOUT JAN 2012 TO THE PRESENT, RESPONDENTS 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. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 24.6 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF TENMILE CREEK, A TRIBUTARY OF THE ALABAHA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE TO PRESENT DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENTS. RESPONDENTS HAVE VIOLATED CWA 301. AGREEMENT: RESPONDENTS AGREE TO THE FOLLOWING: A, RESPONDENTS SHALL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN PREPARED BY RLC, INC., DATED JUNE 14, 2016. B. WITHIN 30 DAYS, RESPONDENTS SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. RESTORATION MUST BE COMPLETED WIHTIN 180 DAYS UNLESS AN EXTENSION IS GRANTED BY EPA. C. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION BY EPA OF THE RESTORED SITE. AT THE INSPECTION, EPA WILL DETERMINE IF THE WORK HAS MET THE RESTORATION CRITERIA OUTLINED IN EXHIBIT C.

Defendants (2)

• ALMA BRIGHTLEAF BLUEBERRY FARMS, INC.Named in settlement
• RIGBY, JULIANNamed in settlement

Facilities (1)

• ALMA BRIGHTLEAF BLUEBERRY FARMS, INC

  214 EASON DRIVE, ALMA, GA, 31510

  Registry ID: 110056140643

Statutes cited

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

Enforcement conclusions (1)

• JULIAN RIGBY AND ALMA BRIGHTLEAF BLUEBERRY FARMS, INC.entered 2016-09-07

  Primary law: CWA

Timeline (2 milestones)

• 2016-09-07Final Order Issued
• 2016-09-15Enforcement Action Data Entered