3/3/11 -- ADMIN 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 80 LINEAR FEET OF UNNAMED TRIBUTARIES OF LITTLE BEAR CREEK AND APPROX 0.6 ACRE OF FORESTED WETLANDS ABUTTING THE UNNAMED TRIBUTARIES TO LITTLE BEAR CREEK. LITTLE BEAR CREEK FLOWS INTO A NAVIGABLE WATER OF THE U.S. (THE BIG BLACK RIVER) VIA BEAR CREEK. THE SITE IS A 320 ACRES PARCEL OF PROPERTY LOCATED EAST OF THE INTERSECTION OF CLARKDELL ROAD AND SAGEFIELD DRIVE IN CANTON, MADISON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT.
COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPODENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETALNDS AND JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 80 LINEAR FEET OF UNNAMED TRIBUTARIES OF LITTLE BEAR CREEK AND APPROX 0.6 ACRES OF FORESTED WETLANDS ABUTTING THE UNNAMED TRIBUTARIES TO LITTLE BEAR CREEK. AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404.
ORDER REQUIRES:
RESPONDENTS AGREE TO THE FOLLOWING:
A. RESTORE THE DISCHARGE AREA, ACCORDING TO THE RESTORATION PLAN PREPARED BY WILDLIFE TECHNICAL SERVICES, INC., AND DATED DEC 29