3/3/11 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. WITHIN DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF A RECREATIONAL LAKE. THE SITE IS LOCATED WEST OF OLD RIVER ROAD IN BAKER, OKALOOSA COUNTY, FL.
MR. GLENN EDWARD LOWE, RESPONDENT, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 76.28 ACRES LOCATED WEST OF OLD RIVER ROAD IN BAKER, FL, THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT AUGUST 2010 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF A RECREATIONAL LAKE.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA, FROM AUG 2010 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.
ORDER REQUIRES:
A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S.
B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.