10/22/2009 - CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 200 LINEAR FEET OF AN UNNAMED TRIBUTARY TO LITTLE ROCKY CREEK AND APPROX 3 ACRES OF ABUTTING WETLANDS. THE IMPOUNDMENT OF THE STREAM ALSO RESULTED IN THE UNUNDATION OF APPROX 4100 LINEAR FEET OF STREAM AND APPROX 77 ACRES OF ABUTTING WETLANDS. THE DEPOSITION OF DREDGED AND/OF FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF AN IRRIGATION POND.
RESPONDENTS AGREE TO THE FOLLOWING:
A. RESPONDENT WILL RESTORE APPROX 10 ACRES OF FARMED WETLANDS THAT ARE ADJACENT TO THE LAKE. RESPONDENT SHALL PLANT 250 FORESTED WETLANT SPECIES OR SWAMP TUPELO PER ACRE. RESPONDENT WILL ENSURE A MINIMUM OF 200 TREE PER ACRE SURVIVE ON AN ANNUAL BASIS. RESTORATION WILL BE MONITORED FOR A PERIOD OF 3 YEARS WITH AN ANNUAL REPORT SENT TO EPA. UPON COMPLETION OF THE MONITORING PERIOD, RESPONDENTS WILL SUBMIT A FINAL REPORT TO EPA DOCUMENTING SURVIVAL OF RESTORED SPECIES.
B. RESPONDENTS WILL PLACE APPROX 100 ACRES OF WETLANDS REMAINING ON THE SITE IN A CONSERVATION EASEMENT. DOCUMENTATION SHOWING THE DETAILS OF THE EASEMENT SHOULD BE SUBMITTED TO EPA WITHIN 1 MONTH AFTER RECEIPT OF THE SIGNED CACO.
C. RESPONDENTS, TO QUALIFY FOR THE U.S. ARMY CORP OF ENGINEERS NATIONWIDE PERMIT (NWP) 32, MUST COMPLY WITH THE GENERAL AND SPECIAL CONDITIONS REQUIRED FOR THE AUTHORIZATION. RESPONDENTS MUST SEND DOCUMENTATI