12/20/05 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON INFO OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS AND TENNESSEE DEPT OF ENVIRONMENT AND CONSERVATION, AND A SITE INSPECTION CONDUCTED BY EPA ON SEPTEMBER 20, 2005, EPA HAS DETERMINED THAT RHEA COUNTY AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE DISCHARGE AREA. THE DEPOSITION OF FILL MATERIAL OCCURRED DURING DREDGING ACTIVITIES AND STREAM CLEARING CHANNELIZATION WORK IN ROARING CREEK. THE IMPACT AREA IS APPROX 6,500 LINEAR FEET LONG BY 100 FEET WIDE.
ORDER REQUIRES:
RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN THE DISCHARGE AREA.
WITHIN 48 HO9URS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
WITHIN 45 DAYS, RESPONDENT SHALL SUBMIT A REPORT TO EPA WHICH CONSISTS OF A DETAILED DETERMINATION AND MEASUREMENT OF THE IMPACTED CHANNEL'S PATTERN, PROFILE, AND DIMENSION INCLUDING, BUT NOT LIMITED TO, STREAM WIDTH, BANKFULL HEIGHT, BANKFULL WIDTH, WIDTH TO DEPTH RATIO, FLOOD PRONE AREA WIDTH, MEANDER RADIUS OR CURVATURE, CHANNEL SLOPE, AND SINUOSITY. THIS REPORT SHALL ALSO PROVIDE A DETERMINATION OF THE APPROPRIATE STREAM TYPE OF ROARING CREEK IN THE AREA OF IMPACT. THIS DETERMINATION OF THE APPROPRIATE STREAM TYPE FOR THE AREA