1/21/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $38,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
COMMENCING ON OR ABOUT MARCH 11, 2004, TO PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR RESIDENTIAL DEVELOPMENT.
RESPONDENT IMPACTED APPROXIMATELY 0.27 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO THE PEACE RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MARCH 11, 2004, TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.