3/1/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $85,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT, RIVERWALK PARK, LLC, AT ALL TIMES RELEVANT TO THIS COMPLAINT, WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED AT THE FORMER JAKE THOMAS FARM, ADJACENT TO THE WEST PRONG OF THE LITTLE PIGEON RIVER, MILE 10.0 R, SEVIER COUNTY, PIGEON FORGE, TN.
COMMENCING ON OR ABOUT MAY 16, 2005, RESPONDENT, OR THOSE ACTING ON OR BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR MIXED-USE DEVELOPMENT.
RESPONDENT IMPACTED APPROX 0.73 ACRES OF WETLANDS THAT ARE ADJACENT TO THE WEST PRONG OF THE LITTLE PIGEON RIVER, A WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE ON OR ABOUT MAY 16, 2005, DID RESPONDENT POSSESS A PERMIT ISSUED PURSUANT TO SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.