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POWERS, GARY AND ANGIE

Administrative - Formal · FY2021 · — · Final Order No Penalty · 3602438332

Penalty
Cost recovery
Compliance action

Case

Case Number
03-2021-0028
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order No Penalty
Multimedia
Self-disclosure
N

Defendants (1)

Summary

On March 2, 2021, Region 3 filled an Administrative Order for Compliance on Consent ( Order ) to Gary Powers for Clean Water Act ( CWA Section 404 wetlands violations on property that he owns in Cowen, West Virginia. Beginning in May 2016, the landowner operated equipment that discharged fill material into approximately 0.51 acres of forested wetland without a permit from the U.S. Army Corps of Engineers ( USACE ). EPA conducted a CWA, Section 404 inspection at the property on May 23, 2018. EPA sent an initial Show Cause Letter on December 10, 2018 to open discussions with the landowners to resolve the violation caused by the unpermitted wetland fill. A meeting occurred on June 4, 2019 between EPA, the landowners, legal representation for the landowners, West Virginia Division of Natural Resources ( WVDNR ), USACE, and West Virginia Department of Environmental Protection ( WVDEP ). The landowners have been ordered to restore ecologically important wetlands that are waters of the United States. EPA has continued looked with WVDEP, WVDNR, and USACE on this matter.

Source

Authoritative
EPA ECHO
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