EPA v. GLOVER REAL ESTATE, INC. / ROBERT B. GLOVER (BOBBY GLOVER)

Case summary

2/16/18 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. ALLEGATIONS COMMENCING ON OR ABOUT JULY 2014 UNTIL LATE 2015, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE, WITHOUT A PERMIT, USING A TRACK HOE, A BOX-BLADE TRACTOR, AND A MINI-EXCAVATOR DURING UNAUTHORIZED DREDGED AND FILL MATERIAL ASSOCIATED WITH CLEARING, FILLING, AND EXCAVATING WETLANDS AND STREAMS TO EXPAND TWO FORESTRY ROADS, BUILD WATERFOWL IMPOUNDMENTS AND/OR IRRIGATION PONDS, CLEAR LOGGING DEBRIS AND BEAVER DAMS, AND CONSTRUCT MULTIPLE WATER CONTROL STRUCTURES. THESE VIOLATIONS RESULTED IN IMPOUNDING WATER OVER MANY DOZENS OF ACRES OF HARVESTED FORESTED WETLANDS AND PERENNIAL STREAMS. CURRENTLY, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN THESE WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 5 ACRES OF WETLANDS THAT RAE PART OF A WETLAND COMPLEX THAT ABUTS THE COOSAWHATCHIE RIVER AND 1300 LINEAR FEET OF AN UNNAMED PERENNIAL TRIBUTARY OF THE COOSAWHATCHIE RIVER, A NAVIGABLE WATER OF THE U.S. AGREEMENT ON CONSENT: RESPONDENTS AGREE TO PERFORM THE ACTIONS SET FORTH IN THE JUNE 14, 2017 RESTORATION PLAN ATTACHED TO THE ORDER, WHICH INCLUDES THE FOLLOWING ACTIONS TO BE TAKEN: A. RESTORE WETLAND ELEVATIONS TO EXCAVATED AREAS ALONG ROADS A AND B; B. RESTORE TWO CULVERTS ON ROAD A AND ONE CULVERT ON ROAD B; C. BACKFILL THE DITCH TO APPROX WETLAND ELEVATION AT LOCATION A; D. RESTORE WETLAND ELEVATION ON LOCATION I; AND E. ALL RESTORED AREAS SHALL BE PROTECTED BY APPROPRIATE BEST MGMT PRACTICES TO PREVENT OFF-SITE SEDIMENTATION. RESPONDENTS SHALL COMPLETE THE PLAN WITHIN 3 MONTHS. WITHIN 21 DAYS AFTER RESPONDENTS DEEM THE PLAN TO BE COMPLETE, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OT EPA, DOCUMENTING COMPLETION OF THE PLAN, PROVIDE PHOTOGRAPHIC EVIDENCE THEREOF, AND SCHEDULE AN INSPECTION BY EPA. AFTER REVIEW, EPA MAY, IN ITS DISCRETION, DETERMINE THAT AN INSPECTION OF THE SITE IS NOT REQUIRED. ANY INSPECTION BY EPA WILL TAKE PLACE WITHIN 90 DAYS OF RESPONDENTS' WRITTEN STATEMENT OF COMPLETION, UNLESS THE PARTIES AGREE OTHERWISE IN WRITING. EPA SHALL DETERMINE WHETHER THE PLAN IS COMPLETE AN DNOTIFY RESPONDENTS IN WRITING OF ITS DETERMINATION. IF EPA DETERMINES THAT RESPONDENTS HAVE NOT SUCCESSFULLY COMPLETED THE RESTORATION PLAN, RESPONDENT SHALL PROVIDE A PLAN AND SCHEDULE FOR CORRECTING ANY DEFICIENCIES WHICH IS SUBJECT TO EPA APPROVAL. RESPONDENTS SHALL INSPECT THE SITE ONE YEAR AFTER EPA'S WRITTEN DETERMINATION THAT THE PLAN WAS SUCCESSFULLY COMPLETED. THE SITE SHALL BE DEEMED SUCCESSFULLY RESTORED WHEN AN HERBACEOUS LAYER IS DOCUMENTED AS COVERING AT LEAST 80 PERCENT OF EACH MONITORED LOCATION. IF THIS PERCENTAGE OF HERBACEOUS COVERAGE IS NOT SATISFIED AT ANY LOCATION, RESPONDENT SHALL PLANT A WETLAND SEED MIX AT THE LOCATION TO REACH THE 80 PERCENT NECESSARY HERBACEOUS COVERAGE. RESPONDENTS SHALL INSPECT ANY REPLANTED LOCATIONS WITHIN 90 DAYS OF REPLANTING, AND SHALL CONTINUE TO REPLANT AND INSPECT 90 DAYS AFTER EACH REPLANTING, AS NECESSARY TO REACH AND DOCUMENT THE 80 PERCENT NECESSARY HERBACEOUS COVERAGE. WITHIN 30 DAYS OF THE ONE YEAR INSPECTION, AND WITHIN 30 DAYS OF ANY SUBSEQUENT INSPECTION REQUIRED TO OBTAIN THE NECESSARY HERBACEOUS COVERAGE IN ONE OR MORE LOCATIONS, RESPONDENTS SHALL SUBMIT A REPORT TO EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOS FROM EACH LOCATION; 3. PERCENTAGE OF HERBACEOUS COVER AT EACH LOCATION; AND 4. DESCRIPTION , INCLUDING THE AMOUNT, OF ANY HERBACEOUS SPECIES PLANTED AT ANY LOCATION TO REACH THE 80 PERCENT NECESSARY HERBACEOUS COVERAGE RATE FOR THAT LOCATION.

Defendants (2)

• GLOVER, ROBERT H. (BOBBY GLOVER)Named in settlement
• GLOVER REAL ESTATE, LLCNamed in settlement

Facilities (1)

• BOBBY GLOVER SITE

  STATE ROAD S-27-53, COOSAWHATCHIE, SC, 29936

  Registry ID: 110069436710

Statutes cited

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

Enforcement conclusions (1)

• GLOVER REAL ESTATE, INC. / ROBERT B. GLOVER (BOBBY GLOVER)entered 2018-02-16

  Primary law: CWA

Timeline (2 milestones)

• 2018-02-16Final Order Issued
• 2018-04-12Enforcement Action Data Entered