10/21/08 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 24 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSING SWAMP. THE DEPOSITION OCCURRED DURING EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL, MECHANIZED LAND CLEARING AND FILLING OF JURISDICTIONAL WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 24 ACRES OF FORESTED WETLANDSTHAT ARE ADJACENT TO LOOSING SWAMP, WHICH CONNECTS TO LAKE SWAMP, WHICH FEEDS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE WATER OF THE U.S.
ORDER REQUIRES:
IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S.
WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHALL INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (c) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS, VEGETATION, SUCCESS CRITERIA, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN