9/19/11 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED.
THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS FO THE U.S. IMPACTING APPROX 3.4 ACRES OF JURISDICTIONAL WETLANDS ABUTTING AN UNNAMED TRIBUTARY OF FOXWORTH MILL CREEK DURING CONSTRUCTION OF AN ACCESS ROAD AND POND.
COMMENCING ON OR ABOUT MARCH 2011 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS AND WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING THE COURSE OF CONSTRUCTING AN ACCESS ROAD AND POND.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED WETLANDS ABUTTING AN UNNAMED RELATIVELY PERMANENT TRIBUTARY OF FOXWORTH MILL CREEK. FOXWORTH MILL CREEK FLOWS INTO DRY CREEK, WHICH IS A DIRECT TRIBUTARY OF THE CHIPOLA RIVER, A NAVIGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.
ORDER REQUIRES:
A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPTING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES.
B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO THE EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (1) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (2) RESTORE THE IMPACTED WETLANDS; (3) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA W