12/15/2011 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED.
THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISIDICTIONAL WATERS OF HTE U.S., INCLUDING THE UNAUTHORIZED PIPING OF APPROX 595 LINEAR FEET OF TWO UNNAMED TRIBUTARIES TO MCCANLESS CREEK AND THE INSTALLATION OF ASSOCIATED IN-STREAM CHECK DAMS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE SITE PREPARATION FOR A RESIDENTIAL DEVELOPMENT.
THE RIVER ROCK SITE IS A 223-ACRE RESIDENTIAL CONSTRUCTION SITE LOCATED ON REINHARDT COLLECT PARKWAY, SOUTH OF THE CITY OF WALESKA IN CHEROKEE COUNTY, GA.
FROM APPROX OCT 26, 2005 UNTIL PRESENT, THE SITE HAS BEEN OWNED BY SONGBIRD - RIVER ROCK, LLC ( MORTGAGOR ). AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DID MORTGAGOR POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY THE MORTGAGOR.
FROM APR 29, 2008 TO PRESENT, RESPONDENT HAS HELD A MORTGAGE ON THE SITE. MORTGAGOR IS CURRENTLY IN DEFAULT OF THE SUBJECT MORTGAGE.
RESPONDENT IS ENTERING THIS CACO IN ANTICIPATION OF FORECLOSING ON THE SITE AND THEREBY BECOMING AN OWNER OF THE SITE. BY ENTERING THIS CACO, RESPONDENT AGREES TO PERFORM THE CORRECTIVE ACTION.
BY ENTERING THIS CACO, RESPONDENT IS NOT AGREEING TO ACCEPT ANY FORM OF LIABILITY FOR THE CWA VIOLATIONS ASSOCIATED WITH THE PROPERTY PRIOR TO RESPONDENT'S FORECLOSURE ON, AND OWNERSHIP OF, THE PROPERTY.
RESPONDENT REPRESENTS TO EPA THAT IT I