EPA v. SHAROLYN SNYDER

Case summary

JULY 25, 2024 - CONSENT AGEEEMENT AND FINAL ORDER On December 5, 2020, to May 20, 2021, Respondent discharged dredged and/or fill material into jurisdictional waters within the Discharge Area using earth moving machinery. The earth moving machinery included, but was not limited to, excavators and bulldozers. The discharges occurred during unauthorized activities associated with gravel mining. Respondent's unauthorized activities in the Discharge Area impacted approximately 1.5 acres of Carr Creek, which is a relatively permanent perennial tributary to Sulphur Fork, a traditional navigable water. At a compliance inspection of the Site on June 25, 20 I3, the USACE observed tire tracks in Carr Creek near the gravel bar area where it appeared work was being carried out to try to reroute the creek channel. This additional activity was not within the scope of or covered by Respondent's NWP 13 authorization. The USACE followed up its June 25, 2013, compliance inspection of the Site with a letter to Respondent. In response to new complaints of gravel being dredged and discharged into Carr Creek at the Site, the USACE sent a letter dated July 2015, to Respondent reiterating that such activity was regulated under the CWA, as a discharge of dredged material and listed how activities specific to Respondent's proposal to remove additional accumulated gravel would be considered a discharge of dredged material. In an August 12, 2015, response letter to the USACE, Respondent informed the USACE that she would apply for a permit the next time she intended to remove gravel. The USACE issued a Notice of Violation (NOV) to Respondent dated August 4, 2021, for the unauthorized discharge of dredged and/or fill material into waters of the United States. In an August 14, 2021, letter, Respondent acknowledged receipt of the USACE's NOV and responded to the USACE's request for information. On July 6, 2022, the EPA emailed to Respondent a Notice of Violation and Opportunity to Show Cause (Notice) pursuant to Section 309(a) of the CWA, 33 U.S.C. ? J 3 l 9(a). Respondent acknowledged her receipt of the Notice in an email to EPA. ln an August 19, 2022, letter emailed to the EPA, Respondent's counsel responded to the EPA's Notice by claiming Respondent's gravel mining activities at Areas I and 2 (Site) were covered by a general permit issued by the Tennessee Department of Environmental Conservation (TDEC) and a Nationwide Permit issued by the USACE, and that all the Respondent's activities for mining were in accordance with the permits. Respondent's counsel closed his letter by requesting that the EPA refrain from fu1ther enforcement action. The EPA responded in an October 24, 2022, letter to Respondent's counsel that the work was not covered by a USACE permit, and that Respondent did not comply with General Condition 11 of the state permit which requires compliance with Section 404 of the CWA, 33 U.S.C. ? 1344. From January 10, 2023, to May 19, 2023, counsel for the EPA and Respondent's counsel corresponded by email regarding the need for restoration at the Site. In his May 19, 2023, email, however, Respondent's counsel stated that the culvert was removed and the rains from the past year had essentially repaired the creek channel and provided photographs to demonstrate this point. In a September 5, 2023, email to the EPA, Respondent's counsel reaffirmed that restoration was not possible or necessary because removal of the culvert had caused the creek to now run naturally. EPA then queried the USACE as to whether it could conduct an inspection of the Site to verify Respondent's claim that no restoration work was needed at the Site. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $20,000.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• SHAROLYN SNYDERNamed in complaintNamed in settlement

Facilities (1)

• SNYDER

  2822 PARADISE LANE, SPRINGFIELD, TN, 37172

  Registry ID: 110071344466

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SHAROLYN SNYDERentered 2024-07-25

  Primary law: CWA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2024-07-25Final Order Issued
• 2024-07-25Complaint Filed/Proposed Order
• 2024-08-07Enforcement Action Data Entered