ATLANTA - U.S. Attorney Thomas G. Walker announced yesterday in federal court, before Senior U.S. District Judge James C. Fox, that David Wayne Luther, 63, of Surf City, North Carolina, entered a guilty plea to violating the Clean Water Act and the Rivers and Harbors Act.
According to information in the public record, on July 29, 2012, officers with the North Carolina Marine Patrol responded to a complaint of dredging in waters near Surf City, North Carolina. North Carolina Marine Patrol officers determined that Luther was "prop washing" with the M/V The Raven. The officers
ordered Luther to cease and desist dredging activities. Approximately 3 hours later, the North Carolina Marine Patrol received another complaint of dredging activity by Luther. On July 30, 2012, a Coastal Area Management Act (CAMA) representative took measurements at the violation location and confirmed unauthorized dredging activity.
"The dredging of federal waterways is strictly regulated to protect water quality and wildlife," said Maureen O'Mara, Special Agent in Charge of EPA's criminal enforcement plan in North Carolina. "The defendant repeatedly dredged material in an environmentally sensitive area that has been designated an essential fish habitat. E.P.A. will hold violators accountable as part of its mission to protect human health and the environment."
On August 10, 2012, CAMA issued a Notice of Violation and Request to Cease Unauthorized Development to Luther. A copy of the Notice was hand delivered to Luther on August 14, 2012. During the morning of August 14, 2012, CAMA received an anonymous complaint alleging dredging activity during the night time hours involving the M/V The Raven at the violation site. During the afternoon of August 14, 2012, a multi-agency location visit confirmed additional dredging activity at the original violation site. The violation location was determined to be a Primary Nursery Area for oysters.
The maximum penalty that Luther faces at sentencing for both counts is a total of 2 years imprisonment, and a maximum total fine of $200,000. Pursuant to his plea agreement, Luther has also agreed to purchase .21 acres of coastal wetland restoration in order to compensate for impacts to wetlands and other jurisdictional waters impacted from his criminal conduct prior to sentencing hearing. If he fails to make the purchase, Luther has agreed not to contest a $50,000 additional fine.
The criminal investigation was conducted by the EPA's Criminal Investigation Division, the North Carolina State Bureau of Investigation, the U.S. Army Corps of Engineers, and North Carolina Marine Patrol. Assistant U.S. Attorney Banumathi Rangarajan is handling the prosecution of the case.
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