EPA v. MICHAEL AND CINDY CARTER

Case summary

4/18/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. FINDINGS OF FACT: THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 8.2 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF LITTLE HOG CREEK. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING AGRICULTURAL ACTIVITIES ON THE SITE. LITTLE HOG CREEK IS A TRIBUTARY OF HOG CREEK, WHICH FLOWS TO THE SATILLA RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AT ALL TIMES RELEVANT TO THIS AOC, RESPONDENTS WERE THE OWNERS AND/OR OPERATORS OF CERTAIN TRACTS OF LAND LOCATED WEST OF JIM MEEKS ROAD, NEAR THE TOWN OF NICHOLLS, IN COFFEE AND BACON COUNTIES, GA, THAT CONTAIN THE DISCHARGE AREA. COMMENCING ON OR ABOUT NOVEMBER 2014 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOICATED 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 8.2 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF LITTLE HOG CREEK, A TRIBUTARY OF HOG CREEK, A TRIBUTARY OF THE SATILLA RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S.

Defendants (2)

• CARTER, CINDYNamed in settlement
• CARTER, MICHAELNamed in settlement

Facilities (1)

• WETLANDS (MIKE CARTER FARM 03092016)

  JIM MEEKS ROAD, NICHOLLS, GA, 31554

  Registry ID: 110067640360

Statutes cited

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

Enforcement conclusions (1)

• MICHAEL AND CINDY CARTERentered 2017-04-18

  Primary law: CWA

Timeline (2 milestones)

• 2017-04-18Final Order Issued
• 2017-06-19Enforcement Action Data Entered