# DAVIS, JAMES / DAVIS, SEAN
> **Administrative - Formal** · FY2011 · — · Final Order With Penalty
## Case
- **Activity ID:** `2200037021`
- **Case Number:** 04-2011-5507
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- DAVIS, JAMES (SB) (complaint) (settlement)
- DAVIS, SEAN (SB) (complaint) (settlement)
## Summary

12/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS.

ALLEGATIONS:

ON OR ABOUT JUNE 30, 2008, TO THE PRESENT, RESPONDENTS OR THOSE ACTING ON BEHALF OF RESONDENTS USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF A DAM AND PRIVATE LAKE AT THE SITE.

RESPONDENTS' ACTIVITIES AT THE SITE IMPACTED APPROX 6 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROX 1100 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM. THE UNNAMED PERENNIAL STREAM IS A PERENNIAL TRIBUTARY OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.  

AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 30, 2008, TO THE PRESENT DID RESPONDENTS OBTAIN A PERMIT PURSUANT TO SEC 404 OF THE CWA AUTHORIZING THE ACTIVITIES.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*