1/11/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT.
ORDER STATES:
COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A 5.2 ACRE LAKE. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 1,375 LINEAR FEET OF AN UNNAMED PERENNIAL TRIBUTARY TO THE HARPETH RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 2007 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.
IN VIOLATION OF SECTIONS 301 AND 404 OF THE CWA.