12/11/09 - 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 APPROX 1.7 ACRES OF FORESTED WETLANDS ADJACENT TO GREEN SWAMP. GREEN SWAMP IS TRIBUTARY TO THE BLACK RIVER, A NAVAGABLE WATER OF THE U.S., VIA THE PACATALIGO RIVER. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT.
MR. RONNIE W. BARNES, SR., AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 19.46 ACRES, THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT JANUARY 2009 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1.7 ACRES OF FORESTED WETLANDS ADJACENT TO GREEN SWAMP.
AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITES PERFORMED BY THE RESPONDENT.
ORDER REQUIRES:
A. 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.
B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
C. WITHIN