6/24/2014 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
COMMENCING ON OR ABOUT DECEMBER 2007, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINGERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF FORESTED WETLANDS TO BLUEBERRY PRODUCTION. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM DECEMBER 2007, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.
THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
RESPONDENT AGREES TO RESTORE THE 3.98 ACRES OF IMPACTED WETLANDS ON THE SITE IN ACCORDANCE WITH THE MAY 2014, RESOLUTION/RESTORATION PLAN. THE RESOLUTION/RESTORATION PLAN INCLUDES REMOVAL OF DREDGED AND/OR FILL MATERIAL TO PRE-IMPACT SURFACT ELEVATION AND REPLANTING OF NATIVE TREE SPECIES AT A DENSITY OF 437 TREES PER ACRE.
WITHIN 60 DAYS AFTER RECEIPT OF THE SIGNED AOC, RESPONDENT SHALL COMMENCE WITH REMOVAL OF DREDGED AND/OR FILL MATERIAL.
WITHIN THE FIRST PLANTING SEASON AFTE EXECUTION OF THE AOC, RESPONDENT SHALL COMMENCE WITH PLANTING OF NATIVE TREE SPECIES, AS SPECIFIED.
WITHIN 30 DA