12/8/2009 - ADMINISTRATIVE 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 MECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THE EXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISH RIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING DEVELOPMENT OF LAND LYING ADJACENT TO FISH RIVER. RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED AT 12642 CLAY CITY ROAD, FAIRHOPE, AL, THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT MAY 2009 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH MECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THE EXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISH RIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2009 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
ORDER REQUIRES:
IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL IN