12/21/04 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IN UNNAMED TRIBUTARIES TO COURTHOUSE FORK, AND COURTHOURS FORK, NEAR THE CITY OF SAUL, IN PERRY COUNTY, KY.
BASED ON INFORMATION OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS (COE), INCLUDING: (a) CEASE AND DESIST ORDER ISSUED ON JUNE 18, 2004; (b) FIELD INVESTIGATION REPORT DATED MAY 4, 2004; (c) PRE-CONSTRUCTION NOTIFICATION #200301276-ODM SUBMITTAL PACKAGE DATED APRIL 7, 2004, EPA HAS DETERMINED THAT MR. ROBERT NOONAN AND CANDLE RIDGE MINING, INC., HAVE DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 5,000 LINEAR FEET OF SEVERAL UNNAMED TRIBUTARIES TO COURTHOUSE FORK, AND COURTHOUSE FORK, WHICH IS TRIBUTARY TO LEATHERWOOD CREEK, NEAR SAUL, KY. THE DEPOSITION OF FILL MATERIAL OCCURRED AS A RESULT OF SURFACE COAL MINING ACTIVITIES IN HOLLOWFILLS #11, 12, AND 16; SEDIMENT POND #7; AND SURFACE CONTOUR MINING AREA HZ-5, ABOVE HOLLOWFILLS #12 AND 16, ALL OF WHICH ARE ASSOCIATED WITH KENTUCKY DEPT OF SURFACE MINING, RECLAMATION AND ENFORCEMENT (DSMRE) PERMIT NUMBER 897-0430, AMENDMENT NO. 1.
ORDER REQUIRES:
RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA OF ANY POLLUTANT . IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENTS ARE DIRECTED TO CONTACT EPA REPRESENTATIVES.
RESPONDENTS SHALL,