3/25/05 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATER OF THE U.S. ADJACENT TO INTERCENTOR CANAL AND NORTH FEEDER CANAL, LOCATED ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION, IN FLORIDA. EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 10 ACRES OF WETLANDS. THE IMPACTS OCCURRED DURING MECHANIZED LAND CLEARING AND FILLING ACTIVITIES IN ASSOCIATION WITH THE CONSTRUCTION OF A MOTOCROSS FACILITY ON THE BIG CYPRESS SEMINOLE INDIAN RESERVATION. RESPONDENT CONDUCTED 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 ISUSED 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 PRESERVE AND ENHANCE 2.15 ACRES OF EXISTING WETLANDS ONSITE BY THE REMOVAL OF EXOTIC INVASIVE VEGETATION AND SUBSEQUENT TREATMENT WITH APPROVED HERVICIDES. RESPONDENT SHALL ENHANCE THE WETLAND HYDROLOGY BY IMPOUNDING THE AREA AREOUND THE MITIGATION AREA AND SUPPLEMENTING RAINFALL BY DIRECTING TREATED STORM WATER RUN-OFF INTO THE MITIGATION AREA THROUGH A BUBBLE UP DISCHARGE SYSTEM.
THE RESPONDENT SHALL CREATE 2.52 ACRES OF WETLANDS AT THE LOCA