3/6/13 - 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 4.8 ACRES OF MANGROVE AND FRESHWATER WETLANDS LOCATED IN ST. JAMES CITY, PINE ISLAND, LEE COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING SITE PREPARATION FOR RESIDENTIAL DEVELOPMENT.
THIEMAN ENTERPRISES, LLC AND OWEN BAY, LLC ARE LIMITED LIABILITY COMPANIES DULY ORGANIZED UNDER THE LAWS OF THE STATES OF DELAWARE AND FL, RESPECTIVELY. THIEMAN WAS AN OWNER AND/OR OPERATOR FROM ON OR ABOUT JAN 16, 2004 TO ON OR ABOUT AUG 14, 2012, AND OWEN WAS AN OWNER/OPERATOR FROM ON OR ABOUT NOV 3, 2005 OR ON OR ABOUT FEB 23, 2007 OF APPROX 13,44 ACRES OF PROPERTY LOCATED AT 3680 STRINGFELLOW ROAD IN ST. JAMES CITY, PINE ISLAND, LEE COUNTY, FL THAT CONTAINS THE DISCHARGE AREA.
FIRST NATIONAL BANK OF PENNSYLVANIA HELD A MORTGAGE ON THE SITE PROPERTY WHICH WAS DEFAULTED UPON BY THIEMAN RESULTING IN A SUBSEQUENT FORECLOSURE SALE OF THE SITE PROPERTY.
FLORIDA PROPERTIES III, LLC ACQUIRED OWNERSHIP OF THE SITE, INCLUDING THE DISCHARGE AREA, VIA A FORECLOSURE SALE ON OR ABOUT AUG 14, 2012.
CWA 301 PROHIBITS THE DISCHARGE OF POLLUTANTS BY ANY PERSON INTO WATERS OF THE U.S. EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED UNDER, INTER ALIA, CWA SEC 404.
COMMENCING ON OR ABOUT SEPT 2, 2005, UNTIL DEVELOPMENT ACTIVITIES WERE ABANDONED IN APPROX 2011, THIEMAN AND/OR OWEN AND/O