11/15/12 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 855 LINEAR FEET OF AN UNNAMED TRIBUTARY, LOCATED AT 375 GEORGIA HIGHWAY 515 SOUTH, JASPER, GEORGIA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A 7.44 ACRE COMMERCIAL DEVELOPMENT.
M&M AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE APPROX 7.44-ACRE PARCEL OF LAND THAT CONTAINED THE DISCHARGED AREA, LOCATED AT 375 GEORGIA HWY 515 SOUTH, JASPER, GEORGIA.
COMMUNITY BANK OF PICKENS COUNTY (COMMUNITY BANK) HOLDS THE MORTGAGE ON THE SITE THAT CONTAINS THE DISCHARGE AREA, AND ANTICIPATES TAKING OWNERSHIP OF THE PROPERTY THROUGH FORECLOSURE.
COMMENCING ON OR ABOUT OCT 2009, UNTIL DEVELOPMENT ACTIVITIES WERE ABANDONED IN APPROX DEC 2010, M&M AND/OR THOSE ACTING ON BEHALF OF M&M, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE PREPARATION OF THE SITE FOR COMMERCIAL DEVELOPMENT.
AT NO TIME DURING ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA, DID M&M POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES.
M&M'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 855 LINEAR FEET OF AN UNNAMED TRIBUTARY, WHICH FLOWS THROUGH A SECOND UNNAMED TRIBUTARY, THROUGH TOWN CREEK, PADGETT CREEK AND SHARP MOUN