10/26/10 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED.
ON JUNE 16, 2004, PERSONNEL FROM NCDENR CONDUCTED A SITE INSPECTION TO DETERMINE COMPLIANCE WITH THE NC SEDIMENTATION POLLUTION CONTROL ACT OF 1973 (NCGS 113A-50 TO 66).
NCDENR ISSUED A NOV TO WILLIAM S. RAY.
ON JULY 21, 2004, THE U.S. ARMY COE, WILMINGTON DISTRICT, CONDUCTED A SITE VISIT TO DETERMINE COMPLIANCE WITH CWA SECTION 404.
COE REFERRED THE ENFORCEMENT CASE TO EPA ON OCT 24, 2005.
EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER ON MAR 12, 2008.
ON JUNE 2, 2009, RESPONDENT SIGNED A TOLLING AGMT TOLLING THE STATUTE OF LIMITATIONS PERIOD FROM JUNE 5, 2009, TO DEC 1, 2009.
ON OCT 29, 2009, RESPONDENT SIGNED A SECOND TOLLING AGMT RUNNING FROM DEC 1, 2009 TO JUNE 1, 2010.
ON MAY 17, 2010, RESPONDENT SIGNED A THIRD TOLLING AGMT RUNNING FROM JUNE 1, 2010, TO DEC 1, 2010.
RESPONDENT WAS THE OWNER OF RAY-D-O-BIZ TOWERS, INC., TITLE OWNER OF A TRACT OF LAND LOCATED WITHIN THE CITY OF POWELLS POINT, CURRITUCK COUNTY, NC THAT CONTAINED THE DISCHARGE AREA.
COMMENCING IN OR ABOUT APR 2004 TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT, CONDUCTED MECHANIZED LAND CLEARING AND THE EXCAVATION AND DISCHARGE OF DREDGED AND/OR FILL MATERIAL WITHIN FORESTED WETLANDS AND COASTAL MARSH WETLANDS USING EARTH MOVING MACHINERY. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.8 ACRES OF WETLANDS LYING ADJACENT TO THE CURRITUCK SOUND.
AT NO TIME DURING THE DISCHARGE