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10-2007-0176Administrative - FormalClosedFY 2007· Region 10

EPA v. MARK FAY, CHRISTINE FAY, AND JJJF LLC

Final Order No Penalty

Case summary

In 2006, Mark Fay, Managing Partner of JJJF LLC allowed through his lease of the property, approx. 0.3 acres of a forested wetland area to be cleared and imported fill to the site to reconstruct an access road located on the property. Woody debris and fill material was also pushed onto the wetland areas managed by the U.S. Fish and Wildlife Service's Neskowin Marsh Unit which borders the property on two sides, creating berms that impeded normal flows from the marsh. The Neskowin March drains through the Fay property into Hawk and Meadow Creeks which flow into the Pacific Ocean. Agreement has been reached by the Fay's and the U.S. Fish and Wildlife Service on the extent of fill removal that is required to no longer trespass on federal property while restoring the impaired wetland areas.

Defendants (3)

  • JJJF LLCNamed in settlement
  • Christine FayNamed in settlement
  • Mark FayNamed in settlement

Facilities (1)

  • FAY, MARK AND CHRISTINE - MARK AND CHRISTINE FAY'S PROPERTY IN C/O JJJF LLC

    48490 HAWK STREET, NESKOWIN, OR, 97149

    Registry ID: 110032598696

Statutes cited

  • CWA 404Permits for Dredge and Fill Material

Enforcement conclusions (1)

  • MARK FAY, CHRISTINE FAY, AND JJJF LLCentered 2007-09-25

    Primary law: CWA

Timeline (3 milestones)

  • 2007-07-12Enforcement Action Data Entered
  • 2007-09-25Final Order Issued
  • 2008-02-14Enforcement Action Closed

Case metadata

EPA activity ID
600050978
Case number
10-2007-0176
Lead agency
EPA
EPA region
10
Voluntary self-disclosure
No
Primary statute
Permits for Dredge and Fill Material

Sourced verbatim from EPA ECHO Enforcement Case Report for case 10-2007-0176 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.