# LIVINGSTON, WILLIAM S. III
> **Administrative - Formal** · FY2013 · — · Final Order No Penalty
## Case
- **Activity ID:** `3400161414`
- **Case Number:** 04-2013-5760
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- LIVINGSTON, WILLIAM S., III (settlement)
## Summary

THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 19.7 ACRES OF WETLANDS THAT ARE ADJACENT TO A RIBUTARY TO HORSE SAVANNAH CREEK WHICH FLOWS TO THE WACCAMAW RIVER. THE UNAUTHORIZED DISCHARGES WERE LOCATED ON A 336 ACRE TRACT OF LAND SOUTH OF SC HWY 90 IN HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING IN PREPARATION FOR FORESTRY ACTIVITIES, AND EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL THAT EXCEEDED MINOR DRAINAGE FOR EXEMPT SILVICULTURE ACTIVITIES UNDER SECTION 404 OF THE CWA.

EPA, AFTER LEARNING FROM THE CORPS THAT WETLANDS ON THE LIVINGSTON PROPERTY WERE DRAINED BY SILVICULTURE DITCHES, ISSUED MR. LIVINGSTON A WETLAND RESTORATION ORDER, CWA-04-2010-5776. 

COMMENCING ON OR ABOUT AUG 2000 TO THE PRESENT, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING A TRACKHOE AND A BULLDOZER DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH SILVICULTURAL ACTIVITIES.

IN SEPT 2002, EPA INFORMED RESPONDENT THAT THESE ACTIVITIES WOULD NOT BE EXEMPT UNDER CWA 404 IF HIS ACTIONS REMOVED WETLAND HYDROLOGY ON THE SITE. AFTER DISCUSSIONS WITH RESPONDENT AND HIS REPS, EPA AUTHORIZED RESPONDENT TO CONSTRUCT CHECK DAMS IN SEVERAL DITCHES ON THE SITE TO ATTEMPT TO RESTORE AND MAINTAIN WETLAND HYDROLOGY. RESPONDENT INSTALLED CHECK DAMS.

RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 19.7 ACRES OF WETLANDS THAT ARE ADJACENT T

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