7/27/09 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 125 ACRES OF FORESTED WETLANDS LOCATED ON RESTER AVENUE, ADJACENT TO PERDIDO BAY IN LILLIAN, BALDWIN COUNTY, AL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL COMMENCED DURING THE MONTH OF JUNE 2006 AND INCLUDED MECHANIZED LANDCLEARING AND EXCAVATION OF DITCHES WITH SIDECAST OF DREDGE MATERIAL INTO WATERS OF THE U.S. THESE DISCHARGES DID NOT MEET THE REQUIREMENTS TO QUALIFY AS AN EXEMPT ACTIVITY UNDER CWA 404.
RESPONDENTS AGREE TO THE FOLLOWING:
A. RESPONDENTS WILL BRING THE SITE INTO NORMAL, CUSTOMARY SILVICULTURAL PRACTICE IN ACCORDANCE WITH CWA 404. THIS ACTION WILL INCLUDE PLANTING THE ENTIRE SITE DURING THE 2009 PLANTING SEASON. IF NECESSARY, RESPONDENTS MAY FIRST BURN OR CHEMICALLY PREPARE THE SITE. RESPONDENTS SHALL NOT IMPLEMENT A COMPARTMENTALIZED FORESTRY MGMT PLAN.
B. EXCAVATED PONDS SHALL BE RESTORED TO FORESTED WETLAND STATUS.
C. ROAD WILL BE BROUGHT INTO COMPLIANCE WITH BASELINE BMPs, INCLUDING BUT NOT LIMITED TO:
1. STABILIZATION OF ALL ROADS;
2. CREATION OF A RIP RAPPED CROSSING AT THE EXISTING BREAK IN THE NORTHERNMOST ROAD;
3. REMOVAL OF INTERIOR ROAD WITH 90 DEGREE ANGLES. RESPONDENTS MAY RETURN ROAD TO PREVIOUS VERTICAL ALIGNMENT TO SERVE AS A PERMANENT FIRE BREAK; HOWEVER, THE ADJOINING DITCH WILLB E FILLED FOR THE ENTIRE LENGTH.
4. RE-INSTALLATION O