12/8/10 - CONSENT AGMT AND 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 56 ACRES OF FORESTED WETLANDS ADJACENT TO CROSS BRANCH. CROSS BRANCH IS IN INDIRECT TRIBUTARY TO THE WACCAMAW RIVER, A NAVAGABLE WATER OF THE U.S. THE SITE IS LOCATED SOUTH OF BAKERS CHAPEL ROAD IN AYNOR, HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING AND FILLING OF THE SITE FOR A RUNWAY AND AGRICULTURAL USE.
THE ARMY CORPS OF ENGINEERS (COE) REFERRED THE ENFORCEMENT CASE TO EPA IN NOV 2009.
EPA ISSUED AN ADMIN COMPLIANCE ORDER TO THE RESPONDENTS ON DEC 11, 2009.
COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING MECHANIZED LAND CLEARING.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 56 ACRES OF WETLANDS ADJACENT TO CROSS BRANCH. CROSS BRANCH IS AN INDIRECT TRIBUTARY OF THE WACCAMAW RIVER, A NAVAGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JULY 2009 TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING ACTIVITIES PERFORMED BY RESPONDENTS.
RESPONDENTS AGREE TO THE FOLLOWING:
A. RESTORE THE IMPACTED 56-ACRE SITE, ACCORDING TO THE WETLAND RESTORATION