12/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT JUNE 30, 2008, TO THE PRESENT, RESPONDENTS OR THOSE ACTING ON BEHALF OF RESONDENTS USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF A DAM AND PRIVATE LAKE AT THE SITE.
RESPONDENTS' ACTIVITIES AT THE SITE IMPACTED APPROX 6 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROX 1100 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM. THE UNNAMED PERENNIAL STREAM IS A PERENNIAL TRIBUTARY OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 30, 2008, TO THE PRESENT DID RESPONDENTS OBTAIN A PERMIT PURSUANT TO SEC 404 OF THE CWA AUTHORIZING THE ACTIVITIES.