2/11/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES. THESE WATERS FLOW INTO A NAVIGABLE WATER OF THE U.S. (THE CHICKASAWHAY RIVER) WITHIN THE PASCAGOULA RIVER WATERSHED. THE SITE IS LOCATED SOUTH OF THE INTERSECTION OF LAKE GARY ROAD AND OLD AVERA ROAD IN LEAKESVILLE, GREENE COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF THREE AMENITY LAKES (54 ACREA, 41 ACRES, AND 42 ACRES IN SIZE) ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT.
COMMENCING ON OR ABOUT DECEMBER 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING LAKE CONSTRUCTION ASSOCIATED WITH RESIDENTIAL DEVELOPMENT.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL FROM DEC 2009 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.
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 RESPONDENT INT