EPA v. PINE HOPE, LLC

Case summary

OCTOBER 6, 2021 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED: This AOC pertains to the unauthorized deposition of dredged and/or fill material into jurisdictional waters of the United States while excavating ditches, installing drainage structures, and raising roads. Unauthorized impacts at Pine Hope Plantation include mechanical land clearing, ditching with side cast of dredged and/or fill material, the deposition of fill material on approximately 3 acres of wetlands, and excavation of approximately 1,300 linear feet of Mary Ann Branch ( Discharge Area ), tributary to Bullhead Run which is tributary to Wadboo Creek which confluences with the Cooper River. Pine Hope Plantation is an approximately 1,300-acre parcel. On October 16, 2019, the EPA conducted a site inspection on Pine Hope Plantation and confirmed that unpermitted discharges of dredged and/or fill material occurred in waters of the United States. Pine Hope, LLC, is a company duly organized under the laws of the State of South Carolina and, as such, is a person within the definition set forth under Section 502(5) of the CWA, 33 U.S.C. ? 1362(5). Respondent at all times relevant to this AOC, was the owner and/or operator of Pine Hope Plantation. Section 301(a) of the CWA, 33 U.S.C. ? 1311(a), prohibits the discharge of pollutants by any person into waters of the United States except in compliance with a permit issued under, interalia, Section 404 of the CWA, 33 U.S.C. ? 1344. Commencing on or about September 4, 2014, to the present, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into approximately 3 acres of wetlands on the Site and excavated approximately 1,300 linear feet of Mary Ann Branch using track hoes and bulldozers during unauthorized activities associated with the construction of drainage structures. To date, the unauthorized dredged and/or fill material remains in waters of the United States. Respondent?s unauthorized activities impacted approximately 1,300 linear feet of Mary Ann Branch and approximately 3 acres of wetlands that are adjacent to Mary Ann Branch. Mary Ann Branch is tributary to Bullhead Run, Bullhead Run is a perennial tributary to Wadboo Creek, Wadboo Creek is a perennial tributary of the Cooper River which is a navigable water of the United States. The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are ? pollutants as defined under Section 502(6) of the CWA, 33 U.S.C. ? 1362(6). The bulldozers and track hoes employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are ?point sources? as defined in Section 502(14) of the CWA, 33 U.S.C. 1362(14). A discharge of a pollutant as defined in Section 502(12)(A) of the CWA, 33 U.S.C. ? 1362(12)(A), is any addition of any pollutant to navigable waters from any point source. Respondent?s placement of the dredged and/or fill material into the Discharge Area constitutes a discharge of pollutants as defined in Section 502(12) of the CWA, 33 U.S.C. 1362(12). Within 90 days of the Effective Date, the Respondent agrees to implement the following: a. Respondent shall construct one cross-drain as indicated on Exhibit B in the common fire-line road in accordance with the South Carolina Forestry BMP Manual to help accomplish the goal of maintaining hydrology in the wetland system. b. Respondent shall install a ditch plug at the location proposed and approximately located in Exhibit B to help accomplish the goal of maintaining hydrology in the wetland system. c. Respondent shall place or install a permanent riser board in the outlet control structure located at the head of Mary Ann Branch (Exhibit C) to maintain water levels at the high-water mark/elevation in the upstream impoundment to help accomplish the goal of maintaining hydrology in the wetland system. Within 30 days of completion the Respondent shall submit a report EPA .

Defendants (1)

• PINE HOPE, LLCNamed in complaintNamed in settlement

Facilities (1)

• PINE HOPE, LLC

  147 BAYHILL LANE, MONCKS CENTER, SC, 29461

  Registry ID: 110070681904

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PINE HOPE, LLCentered 2021-10-06

  Primary law: CWA

Timeline (3 milestones)

• 2021-10-06Final Order Issued
• 2021-10-27Enforcement Action Data Entered
• 2022-07-06Enforcement Action Closed