1/17/2012 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
ON OCTOBER 7, 2011, THE U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT ( COE ) DISCOVERED THAT RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS DISCHARGED DREDGRED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH ROAD CONSTRUCTION.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 1.5 ACRES OF WETLANDS. THE IMPACTED AREAS INCLUDE: WETLANDS THAT ARE ADJACENT TO AN UNNAMED IMTERMITTENT TRIBUTARY TO SLAUGHTER CREEK, WHICH IS A PERENNIAL TRIBUTARY TO THE ALTAMAHA RIVER, A NAVIGABLE WATER OF THE UNITED STATES.
DURING THE COURSE OF THEIR WORK, RESPONDENTS CONSTRUCTED ROAD CROSSINGS IN WATERS OF THE UNITED STATES THAT DO MEET THE REQUIREMENTS OF SECTION 404(f)(1)(E), 33 U.S.C. SECTION 1344(f) BECAUSE CONSTRUCTION AND MAINTENANCE OF THE ROADS DID NOT APPLY THE BASELINE BMPs,
a. ROAD FILL WAS NOT BRIDGED, CULVERTED, OR OTHERWISE DESIGNED TO PREVENT THE RESTRICTION OF EXPECTED FLOOD FLOWS, 40 C.F.R. SECTION 232.3(6)(iii);
b. FILL WAS NOT PROPERLY STABILIZED AND MAINTAINED TO PREVENT EROSION DURING AND FOLLOWING CONSTRUCTION, 40 C.F.R SECTION 232.3(6)(iv); AND
c. THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE ROAD CROSSINGS DISRUPTS THE MIGRATION OR OTHER MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INHABITING THE WATER BODY, 40 C.F.R SECTION 232.3(6)(vii).
ORDER REQUIRES:
a. IMMEDIATELY UPON RECEIPT OF THIS ORDER