EPA v. DAVID L. HOGAN - MISTY MEADOWS DAIRY

Case summary

EPA has reached agreement with David Hogan of Misty Meadows Dairy to resolve violations of the Clean Water Act. The violation occurred at Mr. Hogan’s Misty Meadows Dairy property when he placed 0.14 acres of fill material in to the wetlands adjacent to Hoquarten Slough when constructing a pole barn in late 2010. Hoquarten Slough is tidally influenced and directly connected to the Pacific Ocean. EPA Region 10’s Administrative Order on Consent requires Mr. Hogan to revegetate the 0.05 acres where he has removed wetland fill voluntarily. The Order also requires Mr. Hogan to enter in to a conservation easement with a third party for around 27 acres of wetland abutting his property and Hoquarten Slough. These wetlands have high ecological value given that 85 percent of Tillamook coastal wetlands have been lost, and that sensitive salmonid species are known to utilize the slough.

Defendants (1)

• David L. Hogan, Misty Meadows Dairy (SB)Named in settlement

Facilities (1)

• MISTY MEADOWS DAIRY

  2614 1ST ST, TILLAMOOK, OR, 97141-2503

  Registry ID: 110006696968

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DAVID L. HOGAN - MISTY MEADOWS DAIRY - ADMINISTRATIVE ORDER ON CONSENTentered 2011-09-30

  Primary law: CWA

Timeline (2 milestones)

• 2011-09-01Enforcement Action Data Entered
• 2011-09-30Final Order Issued