2/9/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX 1441 LINEAR FEET OF AN UNNAMED INTERMITTENT TRIBUTARY IN THE SALT RIVER WATERSHED IN HARRODSBURG, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A SEDIMENT BASIN AND INSTALLATION OF THREE ROAD CROSSING CULVERTS ASSOCIATED WITH THE SKYLAR'S LANDING COMMERICAL DEVELOPMENT.
RESPONDENT WAS THE OWNER AND OPERATION OF THE PARCEL OF LAND THAT COMPRISES SKYLAR'S LANDING, A 40 ACRE SITE OFF OF HWY 127 BYPASS IN HARRODSBURG, KY THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT FEB 24, 2009, TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DETECTION BASIN AND INSTALLATION OF THREE ROADWAY CULVERTS.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1441 LINEAR FEET OF AN UNNAMED TRIBUTAY WHICH FLOWS TO AN UNNAMED TRIBUTARY WHICH FLOWS DIRECTED TO THE SALT RIVER, A TRADITIONALLY NAVIGABLE WATER LOCATED APPROX 2 MILES FROM THE SITE.
AT NO TIME DURING THE DISCCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.
ORDER REQUIRES:
IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL