# DUVALL, JEFFREY H., DUVALL DEVELOPMENT CO., INC., AND DUVALL & SON LIVESTOCK, INC.
> **Administrative - Formal** · FY2011 · — · Final Order No Penalty
## Case
- **Activity ID:** `3000004545`
- **Case Number:** 04-2011-5776
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- DUVALL & SON LIVESTOCK, INC. (settlement)
- DUVALL DEVELOPMENT CO., INC., (settlement)
- JEFFREY H. DUVALL (settlement)
## Summary

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

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*