3/14/2012 - CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED.
ORDER STATES:
COMMENTCING ON OR ABOUT APPROXIMATELY JANUARY 2005, TO THE PRESENT, RESPONDENTS, OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FOUR TRIBUTARIES FLOWING ACROSS THE SITE USING EARTH MOVING MACHINERY OWNED BY DUVALL DEVELOPMENT AND/OR DUVALL LIVESTOCK, DURING ACTIVITIES ASSOCIATED WITH THE CLEARING AND LEVELING OF THE SITE AND THE INSTALLATION OF 48-INCH DIAMETER CEMENT PIPES INTO THE STREAMS.
RESPONDENTS IMPACTED APPROXIMATELY 1,500 LINEAR FEET OF FOUR UNNAMED TRIBUTARIES STEKOA CREEK, A NAVIGABLE WATER OF THE UNITED STATES, BY PLACING PORTIONS OF THE FOUR TRIBUTARIES INTO THE CONCRETE PIPES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE FROM APPROXIMATELY JANUARY 2005 TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EPA FINDS THAT EACH DISCHARGE BY BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA.
ORDER REQUIRES:
a) WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THIS CACO, RESPONDENTS SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS ( COE ) FOR AUTHORIZATION UNDER NATIONWIDE PERMIT 32 (NWP 32 ), FOUND AT FEDERAL REGISTER 11092 (MARCH 12, 2007), FOR FILL MATERIAL TO REMAIN IN PLACE ON THE SITE. RESPONDENTS SHALL COMP