EPA v. EAGLE HAMMOCK, LLC

Case summary

6/18/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $21,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JULY 29, 2015, RESPONDENT APPLIED FOR PERMIT COVERAGE UNDER THE JOINT APPLICATION PROCESS WITH THE STATE OF FLORIDA AND THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT (CORPS). ON SEPT 8, 2015, THE CORPS SENT A REQUEST FOR ADD'L INFO TO RESPONDENT. ON MAY 25, 2016, RESPONDENT REQUESTED THAT THE APPLICATION BE WITHDRAWN AND THE SOUTH FL WATER MGMT DISTRICT (SFWMD) WITHDREW THE APPLICATION. ON OR ABOUT MAY 30, 2017, RESPONDENT SUBMITTED ANOTHER APPLICATION TO SFWMD, BUT STATED THEY WERE NOT SEEKING A PERMIT FROM THE CORPS. ON JUNE 6, 2017, THE CORPS NOTIFIED THE APPLICANT VIA LETTER THAT BASED ON A PREVIOUS EVALUATION AND REVIEW OF THE RECENTLY SUBMITTED CONSTRUCTION PLANS THAT A CORPS PERMIT WAS REQUIRED. ON MARCH 8, 2018, THE CORPS RECEIVED AN APPLICATION FOR THE PROJECT AND ON APR 4, 2018, THE CORPS CONDUCTED A SITE INSPECTION AND DISCOVERED THAT THE WETLAND IMPACTS PROPOSED HAD ALREADY BEEN COMPLETED. ON JUNE 5, 2018, THE CORPS ENFORCEMENT STAFF CONDUCTED ANOTHER SITE INSPECTION AND DOCUMENTED CURRENT SITE CONDITIONS, NOTING CONTINUED EARTH MOVING ACTIVITIES. ON JUNE 13, 2018, THE CORP ISSUED RESPONDENT A CEASE AND DESIST ORDER REQUIRING RESPONDENT TO STOP PERFORMING ANY FURTHER FILLING IN AREAS THAT MAY BE SUBJECT TO THE CORPS' JURISDICTION UNDER CWA 404. ON NOV 27, 2018, THE CORPS AND EPA CONDUCTED A JOINT INSPECTION OF THE SITE TO FURTHER INVESTIGATE THE POTENTIAL UNAUTHORIZED DISCHARGED OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND FOUND THAT UNAUTHORIZED DISCHARGES OF DREDGED AND/OR FILL MATERIAL REMAINED . RESPONDENT HAS AGREED TO PURCHASE MITIGATION CREDITS AND APPLY FOR A CORPS PERMIT AUTHORIZING THESE DISCHARGES UNDER A SEPARATE ACO (04-2019-5751). COMMENCING ON OR ABOUT FEB 1, 2018, UNTIL ON OR ABOUT JUNE 13, 2018, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE WITHOUT A PERMIT USING EARTH MOVING MACHINERY DURING UNAUTHORIZED DREDGED AND FILL ACTIVITIES ASSOCIATED WITH MECHANICAL LAND GRADING AND BACK FILLING OF FRESHWATER WETLANDS FOR RESIDENTIAL DEVELOPMENT. RESPONDENT'S ACTIVITIES IMPACTED APPROX 1.67 ACRES OF FRESHWATER WETLANDS ABUTTING BOGGY CREEK, A PERENNIAL TRIBUTARY THAT FLOWS TO EAST LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S.

Defendants (1)

• EAGLE HAMMOCK, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - EAGLE HAMMOCK LLC

  MYERS ROAD, KISSIMMEE, FL, 34743

  Registry ID: 110070517097

Statutes cited

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

Enforcement conclusions (1)

• EAGLE HAMMOCK, LLCentered 2019-06-18

  Primary law: CWA

  Federal penalty: $21,000

Timeline (4 milestones)

• 2019-06-18Complaint Filed/Proposed Order
• 2019-06-18Final Order Issued
• 2019-07-01Enforcement Action Data Entered
• 2019-07-10Enforcement Action Closed