# MACRAE, NELSON / OLEANDER COMPANY
> **Judicial** · FY2001 · — · Final Order With Penalty
## Case
- **Activity ID:** `24704`
- **Case Number:** 04-2001-9070
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** Y
## Defendants
- MACRAE, NELSON (complaint) (settlement)
- OLEANDER COMPANY, INC. (complaint) (settlement)
## Summary

VIOLATORS DITCHED WETLANDS TO DRAIN THEM AND CONVERT         WATERS OF THE U.S. TO UPLANDS.  THEY DISCHARGED SPOIL        MATERIAL INTO WETLANDS, WITHOUT A CWA SECTION 404 PERMIT.    THEY ALSO FAILED TO OBTAIN COVERAGE UNDER A CWA NPDES        PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH             CONSTRUCTION ACTIVITY, AS REQUIRED UNDER SECTION 402 OF      THE CWA.                                                     REFERRAL SEEKS PENALTIES AND RESTORATION OF DESTROYED        WETLANDS.  CD HAS BEEN NEGOTIATED WHICH PROVIDES             FOR PAYMENT OF $15,000 PENALTY, IMPLEMENTATION OF A          SUPPLEMENTAL ENVIRONMENTAL PROJECT TO PRESERVE A 40-         ACRE WETLAND AREA IN PERPETUITY THROUGH TRANSFER OF          A CONSERVATION EASEMENT TO THE NORTH CAROLINA COASTAL        LAND TRUST, AND RESTORATION OF DITCHED WETLANDS, AND         AGREEMENT TO BE BOUND BY JURISDICTIONAL DELINEATION WHICH    REFLECT PRE-DITCHING CONDITIONS.  THIS CASE IS PART OF       AN ENFORCEMENT INITIATIVE TO ADDRESS WIDESPREAD DITCHING     AND DRAINING OF WETLANDS IN THE AFTERMATH OF THE NATIONAL    MINING COURT DECISION WHICH HELD THAT INCIDENTAL             FALLBACK OCCURRING DURING EXCAVATION IS NOT A REGULATED      DISCHARGE UNDER THE CWA.  MOST PARTIES WHO SOUGHT TO         TAKE ADVANTAGE OF THIS DECISION, INCLUDING THE               DEFENDANTS IN THIS CASE, FAILED TO GET NECESSARY             STORMWATER NPDES PERMITS FOR THEIR ACTIVITY AND FAILED       TO LIMIT THEIR CWA SECTION 404 DISCH

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