9/8/2008 - CONSENT AGMT ISSUED. THE ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. WHICH (COMBINED WITH ASSOCIATED INUNDATION) IMPACTS APPROX 299 LINEAR FEET OF UNNAMED TRIBUTARIES TO THE CHATTAHOOCHEE RIVER. MORE SPECIFICALLY, THE IMPACTS OCCURRED ON PROPERTY OWNED BY ASHTON WOODS RESIDENTIAL, LLC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING LAND CLEARING AND CONSTURCTION ACTIVITIES ASSOCIATED WITH THE DEVELOPMENT OF RESIDENTIAL NEIGHBORHOODS KNOWNS AS CONCORD FARMS AND VILLAGES AT CONCORD FARMS.
RESPONDENT AGREES TO THE FOLLOWING:
A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED AUG 4, 2008 BY WATTS AND BROWNING ENGINEERS, INC. RESTORATION PLAN WILL COVER APPROX 0.57 ACRES OF DISTURBED AREA.
B. USING THE COE'S SOP FOR CALCULATING COMPENSATORY MITIGATION REQUIREMENT FOR ADVERSE IMPACTS TO WETLANDS, OPEN WATERS AND STREAMS, RESPONDENT CALCULATED THE NUMBER OF MITIGATION CREDITS NECESSARY TO COMPENSATE FOR THE UNPERMITTED IMPACTS AT CONCORD FARMS TO BE 1031 STREAM CREDITS. RESPONDENT HAS PROPOSED A 20 PERCENT INCREASE IN REQUIRED STREAM MITIGATION CREDITS. ACCORDINGLY, IN COORDINATION WITH IT AFTER-THE-FACT PERMIT NOTED BELOW, RESPONDENT AGREES TO GENERATE 1246 STREAM CREDITS. RESPONDENT WILL SATISFY THIS MITIGATION OBLIGATION WITHIN 15 DAYS.
C. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAY