EPA v. TARTER GATE WOOD PRODUCTS, LLC (TARTER LOGGING)

Case summary

11/18/19 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING APPROX 2,900 LINEAR FEET OF AN UNNAMED PERENNIAL OF TURKEY CREEK AND APPROX 1,700 LINEAR FEET OF PERENNIAL TRIBUTARIES THAT FLOW INTO THE UNNAMED TRIBUTARY OF TURKEY CREEK. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING A SILVICULTURE OPERATION. THE UNNAMED TRIBUTARY IS A PERENNIAL TRIBUTARY OF TURKEY CREEK. TURKEY CREEK IS A PERENNIAL TRIBUTARY OF SOUTH FORK. SOUTH FORK FLOWS TO THE GREEN RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. COMMENCING ON OR ABOUT NOV 1, 2014 TO APR 2015, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING THE CONSTRUCTION OF FOREST ROADS IN ASSOCIATION WITH A SILVICULTURE OPERATION. THE ACTIVITIES INCLUDED THE USE OF HEAVY EQUIPMENT, WHICH WAS DRIVEN UP THE UNNAMED TRIBUTARY TO TURKEY CREEK, TO CREATE TIMBER HAUL ROADS. THE HAUL ROADS ARE NOT EXEMPT FROM CWA 404 PERMITTING REQUIREMENTS BECAUSE THEY WERE NOT CONSTRUCTED IN COMPLIANCE WITH APPROPRIATE BEST MANAGEMENT PRACTICES (BMPs). THE BANKS OF THE TRIBUTARY WERE CUT AND THE MATERIAL WAS SPREAD INTO THE CHANNEL TO CREATE A ROAD LARGE ENOUGH FOR THE LOGGING TRUCKS TO DRIVE UPSTREAM TO THE LANDING AREA (WHICH WAS APPROX 3,500 LINEAR FEET FROM TURKEY CREEK ROAD). IN ADDITION, SMALLER TRIBUTARIES WERE USED AS SKIDDER TRAILS TO HAUL CUT TIMBER TO THE LANDING AREA. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4,600 LINEAR FEET OF UNNAMED PERENNIAL TRIBUTARIES TO TURKEY CREEK, A PERENNIAL TRIBUTARY OF THE GREEN RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AGREEMENT: A. RESPONDENT SHALL IMPLEMENT THE TURKEY CREEK STREAM RESTORATION PLAN AS FOUND IN ATTACHMENT A TO THIS AOC, WITH THE EXCEPTION THAT RESPONDENT IS NOT RESPONSIBLE FOR IMPLEMENTING RESTORATION ACTIVITIES INDICATED IN FIGURE 4a AND THE SMALL SOUTHERN CHANNEL IMPROVEMENT AREA (LOWER YELLOW LINE) LOCATED ON THE DOWNSTREAM PORTION OF FIGURE 4b. ALL ACTIVITIES IDENTIFIED IN THE RESTORATION PLAN MUST BE COMPLETED WITHIN 180 DAYS. B. IN THE EVENT RESPONDENT PROPOSES TO MAKE ANY MODIFICATIONS TO THE RESTORATION PLAN AS A RESULT OF CHANGED CONDITIONS OBSERVED AT THE SITE, RESPONDENT MUST SUBMIT THOSE PROPOSED MODS TO EPA IN WRITING. ANY SUCH MODIFICATION ONLY BECOME EFFECTIVE FOR PURPOSES OF THIS AOC IF AND WHEN EPA APPROVES. C. RESPONDENT SHALL PROVIDE MONITORING OF THE RESTORATION AREA BEGINNING AFTER A FULL GROWING SEASON ELAPSES FROM THE LAST PLANTING AND CONTINUING FOR A PERIOD OF 3 YEARS. RESPONDENT SHALL SUBMIT TO EPA AN ANNUAL MONITORING REPORT TO DOCUMENT THE STATUS OF THE RESTORATION PROJECT. MONITORING REPORTS SHALL BE SUBMITTED BY DEC 31 OF EACH YEAR. D. IN THE EVENT RESPONDENT IDENTIFIES A NEED FOR AN EXTENSION TO COMPLETE ANY PORTION OF THE RESTORATION ACTIVITY, RESPONDENT MAY SUBMIT A REQUEST IN WRITING FOR AN EXTENSION. SUCH REQUEST MUST INCLUDE THE REASON(S) AND A DATE WHEN THE WORK WILL BE COMPLETED. E. WITHIN 30 DAYS AFTER RESTORATION COMPLETION, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN EPA INSPECTION.

Defendants (1)

• TARTER GATE WOOD PRODUCTS, LLCNamed in settlement

Facilities (1)

• WETLANDS - TARTER TURKEY CREEK 02172016 (TARTER LOGGING)

  TURKEY CREEK ROAD, MINTONVILLE, KY, 42516

  Registry ID: 110067640404

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TARTER GATE WOOD PRODUCTS, LLC (TARTER LOGGING)entered 2019-11-18

  Primary law: CWA

Timeline (2 milestones)

• 2019-11-18Final Order Issued
• 2019-12-18Enforcement Action Data Entered