Anthony Buckhardt,



Case No. 2019-25914-Q




Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to Indiana Code (IC) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.




1.             Complainant is the Commissioner (Complainant) of the Indiana Department of Environmental Management (IDEM), a department of the State of Indiana created by IC 13-13-1-1.


2.             Anthony Buckhardt (Respondent) owns the project site located at 6387 County Road 64, Saint Joe, DeKalb County, Indiana (the “Site”). The Parcel Number for the Site is 11-11-22-400-006.


3.             Respondent does not possess a Section 401 Water Quality Certification (WQC) or an approval under the Section 401 WQC for the Regional General Permit for the placement of dredged material into a wetland at the Site.


4.             Pursuant to Section 404 of the Clean Water Act (33 USC 1341), which provides for IDEM to administer its own 401 Water Quality Certification Program for the discharge of dredge or fill material into a wetland, the Section 401 WQC outlines compensation requirements for the loss of wetland use including the mitigation success criteria, deed restriction, and a Monitoring Plan.


5.             IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.


6.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail/personal service to:


Anthony Buckhardt

6387 County Road 64

Saint Joe, Indiana 46785


7.             During an investigation, conducted by a representative of IDEM, violations were found, as described below.


8.             Pursuant to IC 13-18-4-5, a person may not: (1) throw, run, drain, or otherwise dispose; or (2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed; into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana.


Pursuant to IC 13-30-2-1(1), it is unlawful for any person to discharge, emit, cause or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources in the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.


Pursuant to 327 IAC 2-1-6(a)(1), all surface waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that do any of the following:


a.        will settle to form putrescent or otherwise objectionable deposits;

b.        are in amounts sufficient to be unsightly or deleterious;

c.        produce color, visible oil sheen, odor, or other conditions in such degree as;

to create a nuisance;

d.        are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses; and are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans.


As noted during the inspections, IDEM staff observed and documented dredging of an emergent wetland and subsequent placement of the dredged material into an adjacent wetland at the Site without authorization. Respondent impacted waters of the state without obtaining a Section 401 WQC as required, in violation of IC 13-18-4-5, IC 13-30-2-1(1), and 327 IAC 2-1-6(a)(1).


9.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.




1.             This Agreed Order shall be effective (Effective Date) when it is adopted by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.  In addition to addressing the violations cited in Paragraph 8 of the Findings of Fact above, this Agreed Order also addresses any additional violations of these same rules that may have occurred subsequent to the issuance of the NOV and prior to the Effective Date.


2.             Respondent shall comply with rules and statutes listed in the findings above at issue.


3.             Immediately, upon the Effective Date, Respondent shall cease further activity in wetlands at the Site until proper authorization by IDEM has been granted.


4.             Within 30 days of the Effective Date, Respondent shall apply, using the “Application for Authorization to Discharge Dredged or Fill Material to Isolated Wetlands and/or Waters of the State” (the Form), for after-the-fact (ATF) 401 Water Quality Certification (WQC) and the United States Army Corps of Engineers (USACE), for impacts to the wetland area.


5.             The Form and mitigation plan are subject to IDEM review and approval. In the event IDEM determines the Form or plan submitted by Respondent are deficient or otherwise unacceptable, Respondent shall revise and resubmit the Form or plan to IDEM in accordance with IDEM’s notice. After three submissions of such Form or plan by Respondent, IDEM may seek civil enforcement of this Agreed Order.


6.             Within 60 days of the Effective Date, Respondent shall record a Conservation Easement to preserve the remaining wetlands on the Site and, once recorded, provide a copy to IDEM.


7.             Within 90 days of the Effective Date, Respondent shall purchase and provide proof of purchase of 0.69 acres of credit from The Openings Mitigation Bank.


8.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:


Grant Chaddock, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251


9.             Respondent is assessed and agrees to pay a civil penalty of Three Thousand Five Hundred Dollars ($3,500). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within 30 days of the Effective Date, the 30th day being a “Due Date.”


10.         In the event the terms and conditions of the following paragraphs are violated, IDEM may assess and Respondent shall pay the corresponding stipulated penalty:




Stipulated Penalty


Failure to cease further land disturbing activity at the Site.

$1,000 per day


Failure to apply for an after-the-fact (ATF) certification within 30 days of Effective Date.

$500 per week late


Failure to comply with any or all of the requirements of this paragraph.

$500 per week late


Failure to record and provide a copy to IDEM of the Conservation Easement.

$500 per week late


Failure to purchase mitigation bank credits within 90 days of Effective Date.

$1000 per week late


Failure to provide proof of purchase of mitigation bank credits within 90 days of Effective Date.

$500 per week late


11.         Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that IDEM has determined a stipulated penalty is due, the 30th day being a “Due Date.” IDEM may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive IDEM’s right to collect such stipulated penalty or preclude IDEM from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude IDEM from seeking additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.


12.         Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number 2019-25914-Q of this action and shall be mailed to:


Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204


13.         This Agreed Order shall apply to and be binding upon Respondent, his successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter his status or responsibilities under this Agreed Order.


14.         In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance and any accrued interest at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the “Environmental Management Special Fund,” and shall be payable to IDEM in the manner specified above.


15.         In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.


16.         Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.


17.         This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of his obligation to comply with the requirements of his applicable permits or any applicable Federal or State law or regulation.


18.         Complainant does not, by his approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.


19.         Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the Notice of Violation.


20.         Nothing in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from communicating with the United States Environmental Protection Agency (US EPA) or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the US EPA or any other agency or entity.


21.         This Agreed Order shall remain in effect until Respondent has complied with the terms and conditions of this Agreed Order and IDEM issues a Resolution of Case (close out) letter to Respondent.






Department of Environmental Management

Anthony Buckhardt




Samantha K. Groce, Chief


Water Enforcement Section


Surface Water, Operations &


Enforcement Branch


Office of Water Quality



















MANAGEMENT THIS ___________ DAY OF ________________, 20___.



For The Commissioner:



Signed on March 4, 2020


Martha Clark Mettler


Assistant Commissioner


Office of Water Quality