# BAILEY, GARY
> **Administrative - Formal** · FY2001 · — · —
## Case
- **Activity ID:** `33042`
- **Case Number:** 05-2001-0404
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BAILEY, GARY (settlement)
## Summary

GARY BAILEYIS DIGGING DITCHES AND USING THE SIDECAST         MATERIAL TO CREATE ROADS IN LAKE OF THE WOODS COUNTY, MN.    SINCE 1990, HE HAS FILLED AT LEAST 14 ACRES OF WETLAND BY    CREATING THESE ROADS, AND IS DRAINING SOMEWHERE AROUND 285   ACRES OF WETLAND.  THE CORPS ENTERED A MEDIATION AGREEMENT   WITH MR. BAILEY ABOUT A YEAR AGO, WHICH ALLOWED MR. BAILEY   TO KEEP THE ROADS UNDER A FORESTRY EXEMPTION, BUT REQUIRED   HIM TO PLUGALL THE DITCHES. DRAINAGE IS NOT ALLLOWED UNDER   THE FORESTRY EXEMPTION.  MR. BAILEY HAS NOT PLUGGED THE      DITCHES, AND IN FACT, HE HAS CREATED DONE ADDITIONAL SIDE-   CASTING TO CREATE MORE ROADS AND DITCHES.  HE IS ERECTING    FENCES ON THE ROADS SO HE CAN CREATE AN ELK FARM. MR. BAILEY HAS A FOREST PLAN FOR HIS PROPERTY THAT RECOMMENDS NO ROAD   CONSTRUCTION, AND ELK FARMING AND FORESTRY ARE NOT COMPATI-  BLE USES.  THE ACTIVITIES MAY NOT BE EXEMPT.  MR. BAILEY HAS ALSO TRESPASSED ONTO NEIGHBORS' PROPERTY WHILE DOING THIS    WORK.  THE RED LAKE BAND OWNS PROPERTY ADJACENT TO MR. BAI-  LEY'S, SO THERE MAY BE A TRESPASS ISSUE WITH THE BAND.  THE  WETLANDS ARE CONNECTED TO SMALL STREAMS, WHICH ARE TRIBUTA-  RIES TO THE WINTER ROAD RIVER, WHICH IS A TRIBUTARY TO LAKE  OF THE WOODS, WHICH IS A NAVIGABLE WATERWAY.

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