9/23/14 - THIS CASE INVOLVED CWA 404 VIOLATIONS PRIMARILY ON AN 852 ACRES PARCEL LOCATED IN BALDWIN COUNTY, AL, ON THE EAST SIDE OF HWY 225, SOUTH OF ITS INTERSECTOIN WITH BRUCE BEVERIDGE RD. THE VIOLATION IMPACTED APPROX 26 ACRES OF WETLANDS AND MORE THAN 3/4 MILES OF STREAMS, PRIMARILY BY IMPOUNDING WATERS IN THE AREA OF THE IMPACTED STREAM REACHES AND WETLANDS. THE 852 ACRE PARCEL IS OWNED BY BEVERIDGE FARMS, A GENERAL FAMILY PARTNERSHIP WHOSE PARTNERS ARE THE PRIMARY DEFENDANT HAMILTON SMITH, AND AIREY S. KNIX, BRUCE B. SMITH, ROSE ANNE TISDALE, AND BRUCIE MANCUSO. ON DEC 7, 2005, U.S. ARMY CORPS OF ENGINEERS, MOBILE OFFICE INSPECTED THE SITE AND IDENTIFIED SIGNIFICANT VIOLATIONS OF CWA 404. THE VIOLATIONS INCLUDED DISCHARGES OF DREDGED AND FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF MULTIPLE EARTHEN DAMS/EMBANKMENTS TO CREAT IMPOUNDMENTS, RESULTING IN SUBSTANTIAL IMPACTS TO JURISDICTIONAL WETLANDS AND TO DENNIS CREEK AND ITS TRIBUTARIES. DENNIS CREEK IS A PERENNIAL STREAM AND DIRECT TRIBUTARY TO THE TENSAW RIVER, A TRADITIONAL NAVIGABLE WATER. A JOINT INSPECTION OF THE SITE WAS CONDUCTED ON MARCH 31, 2006, IN WHICH REPS OF THE COE, EPA, THE U.S. FISH AND WILDLIFE SERVICE, AND THE AL DEPT OF ENVIRONMENTAL MGMT PARTICIPATED, ALONG WIHT MR. HAMILTON SMITH AND HIS ATTY, MARK RYAN. DURING THE MARCH 31, INSPECTION, ADD'L WORK WAS DONE TO QUANTIFY THE IMPACTS TO JURISDICTIONAL WATERS, AND TO DISCUSS POTENTIAL RESOLUTIONS OF THE MATTER. THE COE ESTIMATED WETLAND IMPACTS