8/4/03- Referral sent. OECA concurred on 9/8/03. 1. This is a Clean Water Act Consent Decree referral for violations of Section 301 and 404 of the Clean Water Act (the CWA ). The violations include unpermitted discharges of dredged and fill material into waters of the United States in Tattnall and Long Counties, Georgia, in connection with silviculture operations by the proposed Defendants, G & R Farms, Inc., and Robert E. Dasher. The discharges resulted in significant degradation of the affected wetlands and streams and failed to qualify for the exemption in Section 404(f) of the Act for discharges associated with normal silviculture. The case was referred to EPA by the Savannah District of the U.S. Army Corps of Engineers (COE) after efforts by the COE to persuade the Defendants to alter their silviculture practices and restore the degraded sites were unsuccessful.
2. Defendants include (1) G & R Farms, a large farming and silviculture operation (legal form is a partnership) with tens of thousands of acres of land in southeast georgia. G and R is a major producer of vidalia onions, but also farms other crops and has land in timber production. The violations involve their silviculture/timber operations; and (2) Robert E. Dasher, a managing partner of G & R Farms.
3. Relief sought includes injunctive relief in the form of restoration of wetlands and streams at the three violation sites, and penalty.
4. No special facts or circumstances, although silvicultu