3/25/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON ABOUT THE YEAR OF 2006, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A HORSE FARM.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 0.9 ACRES OF MANGROVE WETLANDS LYING ADJACENT TO LAKE PLACID CANAL AND CHOKOLOSKEE BAY NAVIGABLE WATER OF THE UNITED STATES.
AT NOT TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHRGE AREA FROM 2006, TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.