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Cumbie, John (Gippy Plantation)

Judicial · FY2003 · — · Final Order With Penalty · 104933

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Penalty
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Cost recovery
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Compliance action

Case

Case Number
04-2003-9011
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
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Self-disclosure
N

Defendants (1)

Summary

9/30/03 - REFERRAL TO HQ. (1) THIS CASE INVOLVES CWA 404 VIOLATIONS IN AN APPROXIMATELY 80-ACRE ABANDONED RICE IMPOUNDMENT ADJACENT TO THE WEST BRANCH OF THE COOPER RIVER IN MONCKS CORNER, BERKELEY COUNTY, SC. VIOLATIONS INVOLVE DITCHING, DEPOSITING OF FILL MATERIAL, AND MECHANIZED LAND CLEARING IN WETLANDS AND WATERS OF THE U.S. WITHOUT A PERMIT ON PROPERTY OWNED BY THE DEFENDANT, JOHN CUMBIE. (2) THE DEFENDANT IS JOHN CUMBIE, AN INDIVIDUAL PERSON. (3) NATURE OF RELIEF REQUESTED: RESTORATION OF SITE AND A PENALTY. (4) SPECIAL FACTS FOR CIRCUMSTANCES: PURSUANT TO THE MEMORANDUM ON DELEGATED WATER CASES AND CRITERIA FOR DELEGATION FROM E. RAMONA TROVATO DATED NOVEMBER 1, 1994, ALL WETLANDS JUDICIAL CASES ARE REGARDED AS INVOLVING NATIONALLY SIGNIFICANT ISSUES DUE TO THE CONTROVERSY OFTEN SURROUNDING THESE TYPES OF CASES. 4/20/11 - On April 20, 2011, the U. S. District Court for the District of South Carolina entered a Consent Decree which resolves CWA claims against John R. Cumbie. The violations relate to the defendants? filling of wetlands in an abandoned rice field along the West Branch of the Cooper River, and additional filling of adjacent forested wetlands. The wetland filling activities occurred without required permits under Section 404 of the CWA. The CD (1) requires payment of a $25,000 penalty, (2) requires restoration of impacted wetland areas, and (3) requires implementation of Supplemental Environmental Project where the Defendant wil

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