9/21/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,000. RESPONDENTS SHALL SUBMIT FULL PAYMENT OF THE PENALTY ON OR BEFORE JANUARY 15, 2013.
ORDER ALLEGES:
COMMENCING ON OR ABOUT JANUARY 1, 2008 TO MARCH 1, 2012, RESPONDENTS, OR THSOE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY KNOWN AS COMPASS POINTE.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 5.22 ACRES OF WETLANDS THAT ARE ADJACENT TO TWO UNNAMED PERENNIAL TRIBUTARIES, WHICH ARE TRIBUTARY TO ALLIGATOR BRANCH. ALLIGATOR BRANCH IS A PERENNIAL TRIBUTARY THAT FLOWS TO HOOD CREEK. HOOD CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO THE CAPE FEAR RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES.
RESPONDENTS' PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA.
EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENTS REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA.