3/28/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO THE WATER OF THE U.S. INCLUDING APPROX 3.4 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO FOXWORTH MILL CREEK WHICH OCCURRED DURING ROAD AND POND CONSTRUCTION ON THE SUBJECT PROPERTY.
THE U.S. CORPS OF ENGINEERS CONDUCTED AN INITIAL INVESTIGATION OF THE RESPONDENT'S PROPERTY ON APR 19, 2011.
ON MAY 19, 2011, THE CORPS CONDUCTED A SECOND INSPECTION OF THE RESPONDENT'S PROPERTY AND DETERMINED THAT APPROX 3.4 ACRES OF FORESTED WETLANDS HAD BEEN EXCAVATED AND/OR FILLED DURING THE CONSTRUCTION OF A POND AND AN ACCESS ROAD.
THE CORPS REFERRED THE CWA VIOLATION TO EPA ON JUNE 28, 2011.
ON SEPT 9, 2011, EPA ISSUED A CWA 309(a) WETLAND RESTORATION ORDER AND A 308 INFO REQUEST TO RESPONDENT.
RESPONDENT SUBMITTED A WETLAND RESTORATION PLAN TO EPA ON AUG 24, 2012 THROUGH HIS CONSULTANT.
RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND/OR OPERATOR OF AN 80-ACRE TRACT OF LAND LOCATED AT 700 DOVE DRIVE IN MARIANNA, FL THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FORESTED WETLANDS ON THE SITE USING AN ESCAVATOR AND A BULLDOZER DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN ACCESS ROAD AND A POND.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IM