| Probable cause affidavit: |
I, SPECIAL AGENT CHAD PAUL WITH THE FLORIDA DEPT OF ENVIRONMENTAL PROTECTION (FDEP/DLE) RECEIVED A COMPLAINT ON 081508 FROM FDEP ENVIRONMENTAL PROTECTION SPECIALISTS JOE DRUMM AND LEE HUGHES REGARDING AN ILLEGAL FILLING/DUMPING IN WETLANDS ALONG THE WITHLACOOCHEE RIVER AT 12472 NORTH LEFFANT TERRACE, DUNNELLON, FLORIDA 34433. DURING INVESTIGATION, I FOUND PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT HOWARD C BOWMAN, OWNER OF BOWMAN TREE SERVICE INSTRUCTED AND ALLOWED HIS EMPLOYEES TO DUMP APPROXIMATELY 30 TO 60 TRUCKLOADS OF TREE DEBRIS (IE. LOGS AND WOODCHIPS) COVERING APPROXIMATELY 1550 SQ. FEET, WITHIN THE LANDWARD EXTENT OF THE WITHLACOOCHEE RIVER AND CONTIGUOUS WETLANDS, AT THE PROPERTY OWNED BY OSCAR LEROY ATTAWAY, LOCATED AT 12472 NORTH LEFFANT TERRACE IN DUNNELLON, FLORIDA 34433. ACCORDING TO MR BOWMAN, HIS EMPLOYEES SCOTT RANDALL DAVIS AND ROBERT DAVIS JUNIOR. 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 HE TOLD HIS CREW TO DUMP THE LOGS ON ATTAWAY'S PROPERTY. BOWMAN STATED that ATTAWAY TOLD HIM THAT HE (ATTAWAY) WOULD TAKE ALL responsibility FOR THE LOGS AS HE HAD PERMISSION OT USE THE LOGS ON HIS SHORE. BOWMAN STATED THAT HE KNEW THIS WAS GOING TO HAPPEN AND HE SHOULD NEVER HAVE LISTENED TO THE CRAZY OLD MAN. 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 (S.DAVIS) AND ROBERT DAVIS JR. DUMPED LOGS 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, BOWMAN HAD RENTED A BOBCAT TO MOVE LOGS AROUND ATTAWAY'S PROPERTY. S. DAVIS STATED that AS HE AND R. DAVIS WERE UNLOADING THE BOBCAT from the TRAILER AT ATTAWAY'S PROPERTY, ATTAWAY CAME OUT OF THE HOUSE AND RAN THEM OFF. S. DAVIS STATED that THEY LEFT THE PROPERTY AND ATTAWAY LOCKED THE GATE BEHIND THEM. WHILE COMPLETING A WRITTEN STATEMENT, BOWMAN STATED THAT HE HAD RENTED A TRACTOR TO MOVE LOGS AROUND THE PROPERTY FOR ATTAWAY. BOWMAN STATED that HIS EMPLOYEES DUMPED AT THE SIGHT FOR THREE MONTHS. BOWMAN STATED that HE HAD VISITED THE PROPERTY SEVERAL TIMES TO SEE WHERE HIS CREW HAD GOTTEN RID OF THE LOGS. BOWMAN ESTIMATED THAT HIS CREW DUMPED BETWEEN 30 AND 60 TRUCKLOADS AT THE 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 WITHOUT AUTHORIZATION FROM THE DEPARTMENT. THERE IS ALSO A LARGE PILE OF LOG (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. PROPERTY OWNER ATTAWAY STATED THAT HE GAVE PERMISSION TO THE TREE COMPANY THAT HE HAD CUT DOWN HIS NEIGHBORS TREES, TO DUMP THE LOGS ON HIS PROPERTY AS HE WANTED THE LOGS FOR HIS SEAWALL. ATTAWAY STATED that AFTER SEVERAL WEEKS OF TRUCKS COMING ONTO HIS PROPERTY TO DUMP, HE LOCKED HIS GATE, AND THE DUMPING CEASED. DURING INTERVIEW, ANDRE BOATAS, ATTAWAY'S NEIGHBOR (12530 N. WATER WAY DUNNELLON) STATED THAT HE HAD SOME LARGE TREES CUT DOWN IN THE SPRING. BOATAS, AFTER SEARCHING HIS CHECKBOOK, STATED THAT HE HAD WRITTEN CHECK #224 FOR $2000 ON 020108 TO BOWMAN TREE SERVICE FOR THE CUTTING DOWN OF THE TREES ON HIS PROPERTY. I HAVE PROBABLE CAUSE TO BELIEVE THAT, AS THE OWNER OF A COMMERCIAL BUSINESS, HOWARD BOWMAN DUMPED 30 TO 60 TRUCKLOADS OF LOGS FROM HIS BUSINESS ON OSCAR ATTAWAY'S PROPERTY FOR COMMERCIAL PURPOSES/ECONOMIC GAIN. WHEN ASKED WHY HE DUMPED THE LOGS AT ATTAWAY'S INSTEAD OF THE DUMP, BOWMAN STATED THAT THE SAND/LAND DUMP IN HOLDER THAT HE HAS GONE TO FOR YEARS, CHARGED HIM $20 PER TRUCKLOAD AND WAS FARTHER AWAY. BOWMAN AVOIDED DUMP FEES (APPROXIMATELY. $800 TO $1200+) AND OTHER EXPENSES (FUEL, EXTRA WAGES DUE TO INCREASED TRAVEL TIME) BY DUMPING ON ATTAWAY'S PROPERTY. HOWARD BOWMAN IS BEING CHARGED WITH VIOLATION OF THE FLORIDA LITTER LAW F.S. 403.413(6)(C), DUMPING FOR COMMERCIAL PURPOSES. *NOT-EXEMPT* |
