# POWERS, GARY AND ANGIE
> **Administrative - Formal** · FY2023 · — · Final Order With Penalty
## Case
- **Activity ID:** `3603721932`
- **Case Number:** 03-2023-0104
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- POWERS, GARY AND ANGIE (complaint) (settlement)
## Summary

On May 10, 2024 Region 3 filed a Consent Agreement and Final Order (CAFO with the Regional Judicial Officer that would resolve a previously filed Administrative Penalty Order against Respondents, Gary and Angie Powers ( landowners ) for unauthorized discharges of fill material to wetlands with a continuous surface connection to Long Glade Ditch, a relatively permanent water connect to Big Ditch Run, a relatively permanent water connected to the Gauley River, a Traditional Navigable Water.  The wetlands are a portion of a larger wetland complex downstream of and bordering a West Virginia Division of Natural Resources public fishing and wildlife management area.  The Respondents discharged fill material to approximately 0.51 acres of forested wetlands without first acquiring a Clean Water Act ( CWA ) Section 404 permit from the U.S. Army Corps of Engineers ( USACE ) to create flat, dryland for parking.  Region 3 has been working in cooperation with the West Virginia Department of Environmental Protection, the West Virginia Division of Natural Resources, and the U.S. Army Corps of Engineers to obtain compliance with an Administrative Order on Consent under which Respondents would restore the site. After considering the statutory factors, including but not limited to, the nature, extent and circumstances of the violation, Respondents' ability to pay the penalty, and other factors as justice may require, the CAFO would require Respondents to pay a penalty of $300.




On Sept

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