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MAR 0 9 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. William F. Parker
565 Neptune Drive
Swansboro, North Carolina 28584
SUBJ: Consent Agreement Docket No. CWA-04-99-1009
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Dear Mr. Parker:
Enclosed please find a copy of the executed Consent Agreement Docket No. CWA-04-
99-1009. The original executed Consent Agreement will be retained in our office.
Thank you for your cooperation. If you have any further questions, please contact
Mr. Mike Wylie of the Wetlands Section at [phone].
Sincerely,
Robert F. McGhee
Director
Water Nlanaaement Division
Enclosure
cc: Paul Schwartz, EAD
U.S. Army Corps of Engineers, Wilmington
NC Department of Environment & Natural Resources
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-8909
Recycl*d/Racyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
In the Matter of: ) Docket No. CWA-04-99-1009
)
MR. WILLIAM F. PARKER ) Findings of Violation
and
RESPONDENT ) Order on Consent for
Compliance
CONSENT AGREEMENT
I. STATUTORY AUTHORITY
The following FINDINGS are made and this CONSENT AGREEMENT is
issued under the authority vested in the Administrator of the
U.S. Environmental Protection Agency ("EPA") by Section 309(a) of
the Clean Water Act ("CWA"), 33 U.S.C.. §1319(a). The
Administrator has delegated this authority to the Regional
Administrator of EPA, Region 4, who has in turn delegated this
authority to the Director of the Water Management Division, who
hereby issues this Consent Agreement.
II. FINDINGS
Upon Consent of the parties and authorized officials, the
parties stipulate and the Director finds:
1. Based upon site inspections conducted on April 9, 1996
and August 14, 1996 by the U.S. Army Corps of Engineers
(COE),Wilmington District and information provide to COE by Mr.
William F. Parker (Respondent) during a telephone conversation on
October 24, 1996, EPA has determined that Respondent and/or other
persons acting on behalf of Respondent, have discharged, or
caused to be discharged, pollutants into wetlands and waters of
the U.S. during construction of a concrete ready-mix plant
located on a parcel known as Tract 3, on the south side of NC
Highway 24, approximately 1.7 miles east of SR 1118 (Bogue Loop
Road), adjacent to East Prong and Sanders Creek , in Ocean,
Carteret County, North Carolina, more particularly described in
Exhibit "A" attached hereto (the "Discharge Area").
2. The discharges occurred in wetlands and waters of the
U.S. adjacent to East Prong and Sanders Creek, during
construction of a concrete ready-mix plant.
3. The discharged pollutants include earthen material
discharged by or at the direction of the Respondent using CASE
1150D Dozer, dump trucks and other types of earth moving
equipment.
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4. These wetlands are "waters of the United States" within
the meaning of the CWA and regulations promulgated thereunder.
5. The CASE 1150D Dozer, dump trucks and other types of
earth moving equipment used for the discharge of earthen material
into wetlands and waters of the U.S. adjacent to East Prong and
Sanders Creek constitute a "point source" within the meaning of
the definition set forth in Section 502(14) of the CWA, 33 U.S.C.
§1362(14).
6. The earthen material constitutes a "pollutant" within the
meaning of the definition set forth in Section 502(6) of the CWA,
33 U.S.C. §1362(6).
7. Section 301(a) of the CWA, 33 U.S.C. §1311(a), makes
unlawful the discharge of any pollutant into waters of the United
States except as in compliance with certain sections of the CWA,
including Section 404, 33 U.S.C. §1344. Under Section 404, a
permit is a legal prerequisite to discharges of the type
described above.
8. No CWA Section 404 permit authorizing the aforesaid
discharges into the Discharge Area has been issued by the COE.
These discharges have therefore been made in violation of Section
301(a) of the CWA.
III. ADMINISTRATIVE ORDER ON CONSENT
Based on the foregoing FINDINGS and having taken into
account the nature, circumstances, extent and gravity of the
violations, Respondent's prior history of compliance, degree of
culpability, and such other matters as justice may require,
including the administrative record, and under the authority of
Section 309(a) of the CWA, 33 U.S.C. §1319(a), THE DIRECTOR
HEREBY ORDERS AND RESPONDENT HEREBY CONSENTS TO THE PROVISIONS OF
THE PARAGRAPHS BELOW.
1. The provisions of this Agreement shall apply to and be
binding upon the Respondent, its agents, servants, employees,
successors and assigns.
2. Respondent shall within ninety (90) days of the effective
date of this Agreement, shall either replace the 8-inch
corrugated plastic pipe draining the wetlands on the western edge
of the property, or install a second pipe. In either case, the
additional/replacement pipe must have a minimum diameter of 18
inches. The installation of the pipe shall not be carried out in
a manner that requires the dredging or filling of wetlands or
waters of the U.S., except for minimal disturbances which may be
}
3
required at the ends of the pipe where it connects with the
existing wetland and tributary to Sanders Creek. Within seven
(7) days of completion, Respondent shall submit to EPA
documentation of the completed work, including color photographs
of both ends of the pipe and certified as-built drawings.
3. Within thirty (30) days of receipt of an invoice from the
North Carolina Department of Environment and Natural Resources
Wetlands Restoration Program (NCWRP), Respondent shall submit a
payment of $12,000 to the NCWRP, which will be used to fund 0.5
acres of wetlands restoration projects within the White Oak River
watershed. Within seven (7) days of submission of payment,
Respondent shall submit to EPA written notification of the
contribution, including a copy of the check.
4. All information required in the above items, should be
sent to:
Ms. Morgan Jackson
EPA Region 4 / 15th
Wetlands Section
61 Forsyth Street
Atlanta, Georgia 30303
5. This Consent Agreement does not constitute a waiver,
suspension or modification of the terms and conditions of the CWA
or any regulations promulgated thereunder. Issuance of or
compliance with this Consent Agreement does not exempt Respondent
from responsibility to comply with all requirements of the CWA,
regulations promulgated thereunder, or any legal order or permit
issued thereunder. Issuance of this Consent Agreement is not an
election by the EPA to forego any Administrative, Civil or
Criminal activities otherwise authorized under the CWA. This
Consent Agreement is not and shall not be construed to be a
permit under the CWA or regulations promulgated thereunder.
6. Failure by Respondent to comply with the terms of this
Consent Agreement may subject Respondent to further enforcement
action.

4
IV. EFFECTIVE DATE
This Consent Agreement shall become effective thirty (30)
days after the date of issuance.
FOR RESPONDENT
VoL'•? ou?
William F. Parker
2?241Ci
Date
FOR THE U.S. ENVIRONMENTAL
PROTECTION AGENCY
/I 5z /I &
Robert F. McGhee
Director
Water Management Division
U.S. Environmental Protection
Agency, Region 4
MAR p 9 1999
Date of Issuance

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4 /
o Q ATLANTA FEDERAL CENTER
Z?F \oa 61 FORSYTH STREET, SW
ti,4 PRO, ATLANTA, GEORGIA 30303-8909 j .
MAR 0 9 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. William F. Parker
565 Neptune Drive
Swansboro, North Carolina 38584
SUBJ: Consent Agreement
Docket No. CWA-04-99-1503
Dear Mr. Parker:
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Enclosed please find an executed Consent Agreement ("Agreement"), Docket No. CWA-
04-99-1503. An executed Agreement has also been filed with the Regional Hearing Clerk. The
Agreement will become effective thirty (30) days from the issuance date.
Thank you for your cooperation. If you have any further questions, please contact
Mr. Mike Wylie of the Wetlands Section at [phone].
Sincerely,
Robert F. McGhee
Director
Water Management Division
Enclosure
cc: Patricia Bullock, Hearing Clerk
U.S. Army Corps of Engineers, Wilmington
NC Department of Environment & Natural Resources
Paul Schwartz, EAD
Recyclod/Rocyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
In the Matter of: )
MR. WILLIAM F. PARKER )
RESPONDENT )
Docket No. CWA-04-99-1503
Proceedings to Assess
Class II Administrative
Penalty Under Section
309(g) of the Clean Water
Act, 33 U.S.C. § 1319(g)
CONSENT AGREEMENT AND CONSENT ORDER
ASSESSING ADMINISTRATIVE PENALTY
I. STATUTORY AUTHORITY
The following Findings are made and Consent Agreement and Consent
Order ("Consent Agreement") issued under the authority vested in the
Administrator of the U.S. Environmental Protection Agency ("EPA") by
Section 309(8) of the Clean Water Act ("CWA"), 33 U.S.C. § 1319(8).
The.Administrator has delegated this authority to the Regional
Administrator of EPA Region 4, who has in turn delegated this
authority to the Director of the Water Management Division, who hereby
issues this Consent Agreement.
II. FINDINGS
The Director hereby finds that:
1. Mr. William F. Parker ("Respondent") owns or controls real
property located on a parcel known as Tract 3, on the south side of NC
Highway 24, approximately 1.7 miles east of SR 1118 (Bogue Loop Road),
adjacent to East Prong and Sanders Creek, in Ocean, Carteret County,
North Carolina, more particularly described in Exhibit A attached
hereto.
2. Respondent is a person within the meaning of Section 502(5)
of the CWA, 33 U.S.C. § 1362(5).
3. Respondent and/or those acting at request of Respondent
using a CASE 1150D Dozer, dump trucks and other types of earth moving
equipment, discharged or caused to be discharged dredged and/or fill
material into wetlands and waters of the U.S. at the Discharge Area
during construction of a concrete ready-mix plant.
4. The above mentioned machinery constitute point sources within
the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14).
5. The discharged material constitutes a pollutant within the
meaning of Section 502(6) of the CWA, 33 U.S.C. § 1362(6).
6. The discharge of dredged and/or fill material into the
wetlands and waters of the U.S. in the Discharge Area constitutes a
discharge of a pollutant within the meaning of Section 502(12) of the
CWA, 33 U.S.C. § 1362(12).
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Page 2
7. Prior to Respondent's activity, the wetlands in the Discharge
Area were waters of the United States as defined in Section 502(7) of
the'CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 122.2.
8. The Discharge Area is in wetlands and waters of the U.S.
adjacent to East Prong and Sanders Creek, which are navigable waters,
i.e. waters of the United States, as defined in Section 502(7) of the
CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 122.2.
9. The discharge of a pollutant from a point source to wetlands
and waters of the U.S. was carried out without the permit required
pursuant to Section 404 of the CWA, 33 U.S.C. § 1344 and therefore
said discharge constitutes a violation of Section 301 of the CWA, 33
U.S.C. § 1311.
10. On December 9, 1998, EPA issued to Respondent and notified
the public of an Administrative Complaint, Findings of Violation,
Notice of Proposed Assessment of a Civil Penalty, and Notice of
Opportunity to Request a Hearing Thereon, Docket No. CWA-04-99-1503.
11. Pursuant to Section 309(8) of the CWA, 33 U.S.C. § 1319(g),
EPA has consulted with the State of North Carolina regarding the
assessment of the administrative penalty under this Consent Agreement.
12. EPA and the Respondent have conferred for the purpose of
settlement and the desire to settle this action. EPA and the
Respondent agree that settlement of this matter by means of this
Consent Agreement and Final Order is in the public interest.
Respondent admits the jurisdictional allegations contained in the
complaint, neither admits nor denies the factual allegations contained
in the Complaint, and consents to the assessment of a stated civil
penalty. Accordingly, before any testimony has been taken upon the
pleadings, Respondent hereby agrees to comply with the terms of this
Consent Agreement and Final Order.
III. PENALTY ORDER ON CONSENT
Based on the foregoing Findings and having taken into account the
nature, circumstances, extent and gravity of the violations,
Respondent's prior history of compliance, degree of culpability,
economic benefit accruing to Respondent and such other matters as
justice may require, including the administrative record, and under
the authority of Section 309(8) of the CWA, 33 U.S.C. § 1319(8), THE
DIRECTOR HEREBY ORDERS AND RESPONDENT HEREBY CONSENTS TO THE
PROVISIONS OF THE PARAGRAPHS BELOW.
13. The provisions of this Consent Agreement shall apply to and
be binding upon Respondent, its agents, servants, employees,
successors and assigns.

Page 3
14. Respondent agrees to pay an administrative penalty of $7,000
for t:_e violations (as alleged in Administrative Complaint Docket No.
CWA-.04-99-1503) of the CWA set forth above in the Findings as follows:
a. Respondent shall send a certified or cashier's check
made payable to the Treasurer, United States of America, in
the amount of $7,000 to the address below no later than
thirty days after the issuance date of this Consent
Agreement to:
Nations Bank
c/o U.S. Environmental Protection Agency
Region 4 (Hearing Officer)
P.O. Box 100142
Atlanta, Georgia 30384
Respondent shall state the docket number of this Consent
Agreement on the face of such checks and shall send copies of the
checks to:
U.S. Environmental Protection Agency
Wetlands Protection Section
61 Forsyth Street
Atlanta, Georgia 30303
Attention: Morgan Jackson
b. Should Respondent fail to make the full and timely
payment, Respondent shall become immediately and without
demand liable to pay the entire amount of the remaining
agreed penalty plus interest from the date of this Consent
Agreement.
15. Failure by Respondent to comply with the terms of this
Consent Agreement may subject Respondent to further enforcement
action. Failure to pay the assessed penalty in full in compliance
with the terms of this Consent Agreement may subject Respondent to a
civil action to collect the assessed penalty, plus interest,
attorneys' fees, costs for collection proceedings and an additional
quarterly nonpayment penalty pursuant to Section 309(8) of the CWA, 33
U.S.C. § 1319(8). In any such collection action, the validity, amount
and appropriateness of the penalty shall not be subject to review.
16. Interest shall accrue on any amounts overdue under the terms
of this Consent Agreement at the rate established by the Secretary of
the Treasury pursuant to 31 U.S.C. § 3717. A late payment handling
charge of $20.00 will be imposed after thirty (30) days, with an
additional charge of $10.00 for each subsequent 30-day period during
which an unpaid balance remains.
Page 4
IV. GENERAL PROVISIONS
.17. This Consent Agreement does not constitute a waiver,
suspension or modification of the terms and conditions of the CWA or
any regulations promulgated thereunder. Issuance of or compliance
with this Consent Agreement,does not exempt Respondent from
responsibility to comply with all requirements of the CWA, regulations
promulgated thereunder, and any legal order or permit issued
thereunder. This Consent Agreement is not and shall not be construed
to be a permit under the CWA or regulations promulgated thereunder.
18. Respondent knowingly and explicitly waives its rights under
Sections 309(g)(2) and (8) of the CWA, 33 U.S.C. §§ 1319(g)(2) and
(8), to a hearing on this penalty assessment and to judicial review of
this penalty assessment and terms of this Consent Agreement.
V. EFFECTIVE DATE
This Consent Agreement shall become effective on the date of
issuance noted below, unless a person who commented on the proposed
penalty assessment either:
-files a petition to set aside the Consent Agreement pursuant
to 40 C.F.R. §22.38(f); or
-files an appeal pursuant to Section 309(8)(8) of the CWA,
33 U.S.C. §1319(8)(8).
In the Matter of Mr. William F. Parker
EPA D cket No. CWA-04-99-1503
William F. Parker
For U.S. EPA Region 4
Robert F. McGhee, Director
Water Management Division
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Issued this I
ay of •% 1999.
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John H. Hankinson Jr.
Regional Administrator
U.S. EPA Region 4

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Docket No. CWA-04-99-1503
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date noted below, the original
of the foregoing Consent Agreement and Consent Order was
delivered by hand to the Regional Hearing Clerk, Region 4, United
States Environmental Protection Agency, and that a true and
correct copy was sent to the following persons, in the manner
specified, on the date below:
Original hand-delivered:
Certified mail,
return receipt requested:
DATE:
Ms. Patricia Bullock
Regional Hearing Clerk
U.S. EPA Region 4
61 Forsyth Street
Atlanta, Georgia 30303
Mr. William F. Parker
565 Neptune Drive
Swansboro,.North Carolina 28584
M
MAR 0 9 1999 "1 ?Ct ht- ?( (ltii
Morgan Jackson
Wetlands Protection Specialist
U.S. EPA Region 4
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