9/14/10 - 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 ACRE OF JURISDICTIONAL WETLANDS ADJACENT TO BISCAYNE BAY, A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED AT 17601 OLD CUTLER BAY ROAD, IN PALMETTO BAY, MIAMI-DADE COUNTY, FL.
MR. ELLIOT BURCH WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 4.5 ACRES LOCATED AT 17601 OLD CUTLER BAY ROAD IN PALMETTO BAY, FL THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT OCT 2008 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 STRUCTURE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1 ACRE OF WETLANDS ADJACENT TO BISCAYNE BAY, A NAVIGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM OCT 2008 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 THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION P