EPA v. JERRY O'BRYAN (O'BRYAN FARM)

Case summary

5/10/18 - 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 2.1 ACRES OF WETLANDS AND 800 LINEAR FEET OF AN UNNAMED TRIBUTARY OF THE GREEN RIVER (THE SITE). THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONVERSION OF FORESTED WETLANDS TO AGRICULTURAL LAND. THE IMPACTED WETLANDS ARE ADJACENT TO THE UNNAMED TRIBUTARY WHICH FLOWS DIRECTLY TO THE GREEN RIVER , A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AT ALL TIMES RELEVANT TO THIS AOC, THE RESPONDENT WAS THE OWNER AND/OR OPERATOR OF A TRACT OF LAND LOCATED WEST OF CURDSVILLE-DELAWARE ROAD AND ADJACENT TO THE GREEN RIVER, NEAR CURDSVILLE, IN DAVIESS COUNTY, KY, THAT CONTAIN THE DISCHARGE AREA. COMMENCING ON OR ABOUT JUNE 2016 TO THE PRESENT, THE RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE 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 2.1 ACRES OF WETLANDS AND 800 LINEAR FEET OF AND UNNAMED TRIBUTARY OF THE GREEN RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 2016, TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY THE RESPONDENT. AGREEMENT: A. RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE SIGNED RESTORATION PLAN PREPARED BY THE NATURAL RESOURCE CONSERVATION SERVICE ON MARCH 2, 2017. B. WITHIN 30 DAYS, RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS AOC UNLESS AN EXTENTION IS GRANTED BY EPA. C. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• O'BRYAN, JERRYNamed in settlement

Facilities (1)

• WETLANDS - O'BRYAN FARM (JERRY O'BRYAN)

  CURDSVILLE DELAWARE ROAD, CURDSVILLE, KY, 42334

  Registry ID: 110069554618

Statutes cited

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

Enforcement conclusions (1)

• JERRY O'BRYAN (O'BRYAN FARM)entered 2018-05-10

  Primary law: CWA

Timeline (2 milestones)

• 2018-05-10Final Order Issued
• 2018-08-08Enforcement Action Data Entered