EPA v. JASON WELCH

Case summary

8-7-19 - 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 47 ACRES OF FORESTED WETLANDS LOCATED EAST OF AMERICAN AVENUE IN BULLER BAY BETWEEN TURBEVILLE AND OLANTA, CLARENDON COUNTY, SC. EPA CONDUCTED TWO SITE INVESTIGATIONS OF THE PROPERTY ON FEB 21-23, 2017, AND ON OCT 17, 2017. DURING THESE INSPECTIONS, EPA FOUND UNPERMITTED DISCHARGES OF DREDGED AND/OR FILL MATERIAL IN FORESTED WETLANDS IN FULLER BAY, A CAROLINA BAY WETLAND. JASON WELCH, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE SITE. COMMENCING ON OR ABOUT JAN 2012 UNTIL AUG 2015, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S ON THE SITE, WITHOUT A PERMIT, USING A MECHANICAL EXCAVATOR AND BULLDOZER DURING UNAUTHORIZED DREDGE AND FILL ACTIVITIES ASSOCIATED WITH MECHANICAL LAND CLEARING OF FORESTED WETLANDS AND DITCH EXCAVATION WITH SIDE CAST OF DREDGED AND/OR FILL MATERIAL. CURRENTLY, THE AUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN THESE WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 47 ACRES OF FORESTED WETLANDS THAT ARE WITHIN FULLER BAY, A CAROLINA BAY WETLAND THAT ABUTS AN UNNAMED PERENNIAL TRIBUTARY THAT FLOWS INTO DISCHARGE SWAMP WHICH FLOWS TO PUDDING SWAMP WHICH CONFLUENCES WITH THE BLACK RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JAN 2012 UNTIL AUG 2015, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT ON CONSENT: RESPONDENT AGREES TO RESTORE THE DISCHARGE AREA BY CONDUCTING THE FOLLOWING ACTIONS DEPICTED IN EXHIBIT C: A. RESTORE WETLANDS ELEVATIONS BY ROLLER-CHOPPING THE BEDDED LOBLOLLY PINE TREES TO ADJACENT WETLAND ELEVATION; B. REPLANT 200 POND CYPRESS SEEDLINGS PER ACRE ON THE 47-ACRE LOCATION; C. BACKFILL THE EXCAVATED DITCH DRAINING THE SITE AT LOCATION B. DITCH RESTORATION SHALL INCLUDE REPLACING EARTHEN MATERIAL IN THE DITCH FOR APPROX 135 FEET FROM THE EAST-WEST FORESTRY ROAD TO THE LOCATION WHERE THE DITCH EXITS THE SITE. RESPONDENT SHALL UTILIZE APPROPRIATE BEST MGMT PRACTICES TO PREVENT EROSION FROM THE RESTORED DITCH TO AREAS OUTSIDE OF THE DISCHARGE AREA; D. MONITOR THE REPLANTED POND CYPRESS SEEDLINGS FOR 3 YRS TO ENSURE A 70 PERCENT TREE SURVIVAL OR 140 VIABLE TREES PER ACRE; E. MAINTAIN ALL RESTORED AREAS SO THAT THEY ARE PROTECTED BY APPROPRIATE BEST MGMT PRACTICES TO PREVENT OFF-SITE SEDIMENTATION. RESPONDENT SHALL COMPLETE THE RESTORATION ACTIVITIES WITHIN 12 MONTHS. WITHIN 21 DAYS AFTER RESPONDENT DEEMS THE PRELIMINARY RESTORATION ACTIVITIES TO BE SUCCESSFULLY COMPLETE, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT TO EPA DOCUMENTING THE ACTIVITIES, PROVIDE PHOTOGRAPHIC EVIDENCE THEREOF, AND SCHEDULE AN INSPECTION BY EPA. AFTER REVIEW OF THIS EVIDENCE, 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, UNLESS PARTIES AGREE OTHERWISE IN WRITING. EPA SHALL DETERMINE WHETHER THE PRELIMINARY RESTORATION ACTIVITIES ARE COMPLETE AND NOTIFY RESPONDENT IN WRITING OF ITS DETERMINATION. IF EPA DETERMINES RESPONDENT HAS NOT SUCCESSFULLY COMPLETED THE ACTIVITIES, RESPONDENT SHALL PROVIDE A PLAN AND SCHEDULE FOR CORRECTING ANY DEFICIENCIES WHICH IS SUBJECT TO EPA APPROVAL. AT A MINIMUM, RESPONDENT SHALL INSPECT THE SITE ONCE ANNUALLY FOR 3 YRS AFTER EPA'S WRITTEN DETERMINATION THAT THE PRELIMINARY RESTORATION ACTIVITIES WERE SUCCESSFULLY COMPLETED. RESPONDENT SHALL MONITOR THE REPLANTED POND CYPRESS SEEDLINGS IN LOCATION A FOR 3 YRS DOCUMENTING THE SUCCESS OF THE REPLANTED FORESTED WETLAND SPECIES.

Defendants (1)

• JASON WELCHNamed in settlement

Facilities (1)

• WETLANDS - JASON WELCH - FULLER AND BEE TREE BAYS

  AMERICAN AVENUE, TURBEVILLE, SC, 29162

  Registry ID: 110070044783

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JASON WELCHentered 2019-08-09

  Primary law: CWA

Timeline (2 milestones)

• 2019-08-09Final Order Issued
• 2019-08-22Enforcement Action Data Entered