12/17/04 - CONSENT AGREEMENT ISSUED.
THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO BEAVER RUN CREEK, LOCATED IN A DEVELOPMENT KNOW AS THE OVERLOOK AT GROVER LAKE PHASE II AND III OFF OF VULCAN DRIVE, LITHIA SPRINGS, DOUGLAS COUNTY, GA.
BASED UPON SITE VISITS CONDUCTED BY REPRESENTATIVES OF THE EPA, ON FEBRUARY 28, 2003, APRIL 16, 2003, JULY 31, 2003, AUGUST 26, 2003, OCTOBER 10, 2003, AND JUNE 4,2004, EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT CONDUCTED THE FOLLOWING IN WATERS OF THE U.S.: (1) MECHANIZED LAND CLEARING; (2) SIDECASTING; AND (3) FILLING. ADDITIONALLY, THE RESPONDENT'S ACTIONS LED TO SECONDARY IMPACTS THAT RESULTS IN SEDIMENT RUNOFF DUE TO THE LACK OF SEDIMENT CONTROL DEVICES AN DLACK OF MAINTENANCE ON SILT FENCES LOCATED AT THE DISCHARGE AREA. RESPONDENT CONDUCTED ALL OF THESE ACTIVITIES WITHOUT A SECTION 404 PERMIT.
ORDER REQUIRES:
RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE PURSUANT TO SECTION 404 OF THE CWA, OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT.,
RESPONDENT SHALL SURVEY THE SPRING RESTORATION AREA WITHIN THE SILT FENCES THAT WAS AGREED UPON IN THE JUNE 4, 2004, ONSITE MEETING, WITHIN 15 DAYS. ONCE THE AREA HAS BEEN S