| Probable cause affidavit: |
SUBMITTED BY: PAUL, CHAD N07 (AR08105856) I, SPECIAL AGENT CHAD PAUL WITH THE FLORIDA DEPT. OF ENVIRONMENTAL PROTECTION (FDEP/DLE) RECEIVED A COMPLAINT ON 08/28/08 FROM FDEP ENVIRONMENTAL PROTECTION SPECIALISTS JOE DRUMM AND LEE HUGHES REGARDING AN ILLEGAL FILLING/DUMPING IN WETLANDS ALONG THE WITHLACOOCHEE RIVER AT 12472 N. lEFFANT tERRACE, dUNNELLON, FLORIDA 34433. dURING iNVESTIGATION, I FOUND PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANTS sCOTT rANDALL dAVIS AND rOBERT dAVIS, JR., EMPLOYEES OF BOWMAN TREE SERVICE, DUMPED APPROXIMATELY 30 TO 60 TRUCKLOADS OF TREE DEBRIS (IE. LOGS AND WOODCHIPS) AT THE PROPERTY OWNED BY OSCAR LEROY ATTAWAY, LOCATED AT 12472 N LEFFANT TERRACE, DUNNELLON, FLORIDA 34433. THE DEBRIS (FILL) COVERS APPROX. 1550 SQ. FEET, WITHIN THE LANDWARD EXTENT OF THE WITHLACOOCHEE RIVER AND CONTIGUOUS WETLANDS. ACCORDING TO THE OWNER OF BOWMAN'S TREE SERVICE, HOWARD BOWMAN, HIS EMPLOYEES SCOTT RANDALL DAVIS AND ROBERT DAVIS JR. WERE APPROACHED BY OSCAR LEROY ATTAWAY WHILE CUTTING DOWN TREES AT AN ADDRESS ADJACENT TO ATTAWAY'S PROPERTY. ATTAWAY ASKED THE MEN TO DUMP THE LOGS ONTO HIS PROPERTY WHEN THEY WERE FINISHED. BOWMAN STATED that AFTER SPEAKING TO HIS EMPLOYEE, HE SPOKE TO aTTAWAY VIA TELEPHONE. ATTAWAY STATED TO bOWMAN THAT HE WANTED THE MEN TO DUMP THE LOGS ON HIS PROPERTY SO HE COULD USE THEM FOR HIS SHORELINE. bOWMAN STATED that ATTAWAY TOLD HIM THE HE (ATTAWAY) WOULD TAKE ALL responsibility FOR THE LOGS AS HE HAD PERMISSION TO USE THE LOGS ON HIS SHORE BOWMAN STATED THAT HE KNEW THIS WAS GOING TO HAPPEN AND HE SHOULD NEVER HAVE LISTED TO THE CRAZY OLD MAN (ATTAWAY). nOTE: OSCAR ATTAWAY DOES NOT HAVE A PERMIT FROM THE DEPARTMENT TO OPERATE A LANDFILL OR FILL IN WETLANDS ON HIS RESIDENTIAL PROPERTY. ACCORDING TO BOWMAN'S EMPLOYEE SCOTT R. DAVIS, HE AND ROBERT DAVIS JR. WERE APPROACHED BY ATTAWAY ABOUT DUMPING LOGS ON HIS PROPERTY. S. DAVIS STATED that ATTAWAY POINTED OUT HIS DRIVEWAY AND STATED that HE WOULD LEAVE HIS GATE OPEN FOR THEM. S. DAVIS STATED THAT WHEN THEY WERE DONE THEY DROVE THEIR TRUCK OVER TO ATTAWAY'S PROPERTY AND DUMPED THE TREES AND CHIPS AT THE REAR OF THE PROPERTY. S. DAVIS STATED THAT THEY DUMPED THEIR DEBRIS PRIMARILY AT ATTAWAY'S PROPERTY FOR THE NEXT THREE TO FOUR MONTHS BEFORE BEING RUN OFF BY PROPERTY OWNER ATTAWAY. S. DAVIS ESTIMATED THAT THEY DUMPED BETWEEN 30 AND 50 TRUCKLOADS OF TREE DEBRIS ON ATTAWAY'S PROPERTY. S. DAVIS STATED THAT IN JULY 2008, OWNER BOWMAN HAD RENTED A BOBCAT TO MOVE LOGS AROUND ATTAWAY'S PROPERTY. S. DAVIS STATED THAT AS HE AND R. DAVIS JR. WERE UNLOADING THE BOBCAT FROM THE TRAILER AT ATTAWAY'S PROPERTY, ATTAWAY CAME OUT OF HIS RESIDENCE AND RAN THEM OFF. S. DAVIS STATED THAT THEY LEFT THE PROPERTY AND ATTAWAY LOCKED THE GATE BEHIND THEM. DURING INTERVIEW, ROBERT DAVIS JR. STATED THAT ABOUT SIX MONTHS AGO WHILE HE AND S. DAVIS WERE CUTTING DOWN TREES AT ONE OF ATTAWAY'S NEIGHBORS, THEY WERE APPROACHED BY ATTAWAY WHO ASKED THEM TO DUMP THE LOGS ON HIS PROPERTY WHEN THEY WERE DONE CUTTING DOWN THE TREES. R. DAVIS STATED THAT ATTAWAY TOLD HIM THAT HE HAD LETTERS FROM THE EPA STATING THAT IT WAS OK. R. DAVIS STATED THAT DURING A TELEPHONE CONVERSATION WITH OWNER HOWARD BOWMAN, BOWMAN TOLD HIM THAT HE COULD DUMP THE LOGS ON ATTAWAY'S PROPERTY AS ATTAWAY WOULD TAKE FULL RESPONSIBILITY FOR THE LOGS. R. DAVIS STATED THAT WHEN THEY WERE DONE CUTTING LOGS, THEY WENT NEXT DOOR AND DUMPED THE LOGS ON ATTAWAY'S PROPERTY, W/ATTAWAY PRESENT. R. DAVIS STATED THAT ATTAWAY TOLD HIM THAT THEY COULD DUMP THEIR LOGS ON HIS PROPERTY FOR THE NEXT COUPLE OF YEARS IF THEY WANTED TO. R. DAVIS STATED that FOR THE NEXT FEW MONTHS THEY DUMPED ALL OF THEIR WOOD AND CHIPS ON ATTAWAY'S PROPERTY. R. DAVIS STATED THAT HE DID NOT RECALL HOW MANY LOADS THEY HAD DUMPED ON ATTAWAY'S PROPERTY. SITE INVESTIGATION OF 12472 N LEFFANT TERRACE BY MYSELF AND FDEP ENVIRONMENTAL RESOURCE PROTECTION SPECIALISTS DRUMM AND HUGHES REVEALED LARGE PILE OF LOGS (APPROXIMATELY 110' LONG X 10'-20' WIDE) COVERING (FILLING) APPROXIMATELY 1550 SQ. FEET OF THE LANDWARD EXTENT OF THE WITHLACOOCHEE RIVER AND CONTIGUOUS WETLANDS WITH AUTHORIZATION FROM THE DEPARTMENT. THERE IS ALSO A LARGE PILE OF LOGS (APPROXIMATELY 30' LONG X 20' WIDE X 10' -12' HIGH) ON THE UPLAND PORTION OF ATTAWAY'S PROPERTY. THESE PILES OF LOGS APPEAR TO HAVE BEEN DUMPED AND MOVED around USING HEAVY EQUIPMENT DUE TO THE LARGE SIZE OF THE MAJORITY OF THE LOGS. I HAVE PROBABLE CAUSE TO BELIEVE THAT SCOTT RANDALL DAVIS AND ROBERT DAVIS JR. DUMPED 30 TO 60 TRUCKLOADS OF LOGS WITH PERMISSION FROM THEIR EMPLOYER, HOWARD BOWMAN. THE DUMPING WAS DONE FOR COMMERCIAL PURPOSES/ECONOMIC GAIN BY AVOIDING DUMP FEES (APPROXIMATELY $600 TO $1200+) AND OTHER EXPENSES (FUEL, EXTRA WAGES DUE TO INCREASED TRAVEL TIME) BY DUMPING ON ATTAWAY'S PROPERTY INSTEAD OF PROPERLY DISPOSING OF THE LOGS AT THE SAND/LAND DUMP NORMALLY USED BY BOWMAN TREE SERVICES. SCOTT RANDALL DAVIS AND ROBERT DAVIS JR. ARE BEING CHARGED WITH VIOLATION OF THE FLORIDA LITTER LAW F.DS. 403.413(6)(C), DUMPING FOR COMMERCIAL PURPOSE. *NOT-EXEMPT* |
