EPA v. BAILEY, GARY

Case summary

GARY BAILEYIS DIGGING DITCHES AND USING THE SIDECAST MATERIAL TO CREATE ROADS IN LAKE OF THE WOODS COUNTY, MN. SINCE 1990, HE HAS FILLED AT LEAST 14 ACRES OF WETLAND BY CREATING THESE ROADS, AND IS DRAINING SOMEWHERE AROUND 285 ACRES OF WETLAND. THE CORPS ENTERED A MEDIATION AGREEMENT WITH MR. BAILEY ABOUT A YEAR AGO, WHICH ALLOWED MR. BAILEY TO KEEP THE ROADS UNDER A FORESTRY EXEMPTION, BUT REQUIRED HIM TO PLUGALL THE DITCHES. DRAINAGE IS NOT ALLLOWED UNDER THE FORESTRY EXEMPTION. MR. BAILEY HAS NOT PLUGGED THE DITCHES, AND IN FACT, HE HAS CREATED DONE ADDITIONAL SIDE- CASTING TO CREATE MORE ROADS AND DITCHES. HE IS ERECTING FENCES ON THE ROADS SO HE CAN CREATE AN ELK FARM. MR. BAILEY HAS A FOREST PLAN FOR HIS PROPERTY THAT RECOMMENDS NO ROAD CONSTRUCTION, AND ELK FARMING AND FORESTRY ARE NOT COMPATI- BLE USES. THE ACTIVITIES MAY NOT BE EXEMPT. MR. BAILEY HAS ALSO TRESPASSED ONTO NEIGHBORS' PROPERTY WHILE DOING THIS WORK. THE RED LAKE BAND OWNS PROPERTY ADJACENT TO MR. BAI- LEY'S, SO THERE MAY BE A TRESPASS ISSUE WITH THE BAND. THE WETLANDS ARE CONNECTED TO SMALL STREAMS, WHICH ARE TRIBUTA- RIES TO THE WINTER ROAD RIVER, WHICH IS A TRIBUTARY TO LAKE OF THE WOODS, WHICH IS A NAVIGABLE WATERWAY.

Defendants (1)

• BAILEY, GARYNamed in settlement

Facilities (1)

• BAILEY, GARY

  T. 160N, R. 33 W. PARTS OF SECTIONS 19, 20 26-30, DULUTH, MN, 55701

  Registry ID: 110013722935

Statutes cited

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

Enforcement conclusions (1)

• BAILEY, GARYentered 2002-01-02

  Primary law: CWA

Timeline (2 milestones)

• 2001-04-05Enforcement Action Data Entered
• 2002-01-02Final Order Issued