3/16/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING A PORTION OF THE BOGUE CHITTO RIVER, AN ASSOCIATED PERENNIAL TRIBUTARY, AND WETLANDS DIRECTLY ABUTTING THE TRIBUTARY. THE SITE IS LOCATED ALONG NEW RIVER ROAD IN TYLERTOWN, WALTHALL COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A CRAWFISH POND, A BASS POND, AND PURPORTED BANK STABILIZATION ACTIVITIES (WITH RESPECT TO IMPACTS ALONG THE BOGUE CHITTO RIVER).
COMMENCING ON OR ABOUT APRIL 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 POND CONSTRUCTION, MECHANICAL LAND CLEARING, AND PURPORTED BANK STABILIZATION ACTIVITIES.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 375 LINEAR FEET ALONG THE BOGUE CHITTO RIVER, APPROX 30 LINEAR FEET OF PERENNIAL STREAM, AND APPROX 17.5 ACRES OF WETLANDS ON THE SUBJECT PROPERTY.
AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA.
ORDER REQUIRES:
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.
WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDES TO COMPLY WITH THIS ORDER.
WITHIN 30 DAYS, RESPONDENT S