9/7/10 - ADMIN COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 22 ACRES OF JURISIDICTIONAL WETLANDS AND WATERS OF THE U.S. DURING THE CONSTRUCTION OF A CHANNEL APPROX 1.5 MILES LONG, 12 FEET WIDE, WITH SOME WIDER AREAS, AND 2-3 FEET DEEP IN FRESHWATER WETLANDS KNOWN AS COWBONE MARSH ADJACENT TO AND ABUTTING FISHEATING CREEK. FISHEATING CREEK IS A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED IN COWBONE MARSH, GLADES COUNTY, FL. THE DEPOSITION OF DREDGE AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF AN UNAUTHORIZED NAVIGATION CHANNEL IN WATERS OF THE U.S.
COMMENCING ON OR ABOUT APR 1, 2010 TO MAY 31, 2010, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURIDICTIONAL WETLANDS AND WATERS ON THE SITE USING MECHANIZED EQUIPMENT, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A NAVIGATION CHANNEL WITHIN COWBONE MARSH. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 22 ACRES OF FORESTED FRESHWATER WETLANDS ADJACENT TO AND ABUTTING FISHEATING CREEK, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404.
ORDER REQUIRES:
A. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
B. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO