9/2/05 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. IN AND ALONG SNAKE HOLLOW, WHICH IS A TRIBUTARY OF THE LICK FORK OF THE RED BIRD RIVER. BASED UPON INFO OBTAINED FROM THE CORPS OF ENGINEERS, INCLUDING A CEASE AND DESIST ORDER ISSUED ON JUNE 21, 2003, A SITE VISIT CONDUCTED BY REPRESENTATIVES OF THE EPA ON DECEMBER 4, 2003, AND INFORMATION SUBMITTED BY THE RESPONDENT, EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT, CONDUCTED THE FOLLOWING UNAUTHORIZED ACTIVITIES IN WATERS OF THE U.S. (1) MECHANIZED LAND CLEARING, AND (2) FILLING.
ORDER REQUIRES:
RESPONDENT SHALL, WITHIN 30 DAYS, APPLY TO THE COE FOR A SECTION 404 PERMIT TO AUTHORIZE ANY REMAINING OR PROPOSED DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. AT THE DISCHARGE AREA. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR AUTHORIZATION. NOTHING IN THIS AGREEMENT IN ANY WAY BINDS THE COE OR RESTRICTS THE COE'S REGULATORY PROCESSES. THE COE HAS FULL DISCRETION TO REQUIRE ADDITIONAL INFORMATION REGARDING JURISDICTIONAL WATERS AT THE DISCHARGE AREA OR ANY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION.
SHOULD THE COE DENY AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PLACE, AND SHOULD THE RESPONDENT DECIDE NOT TO APPEAL THIS RULING, RESPONDENT WILL HAVE 30 DAYS FROM THE DATE OF DENIAL TO PROVIDE EPA A PLAN FOR REMOVAL OF ALL FILL MATERIAL ALONG WITH A NARRATIVE DESCRIBING THE RESTORATION OF ANY IMPACTED