4/14/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THE AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTINAL WETLANDS AND WATERS OF THE U.S., INCLUDING 1.5 ACRES OF WETLANDS AND 750 LINEAR FEET OF STREAM CHANNEL WITHIN DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCITAED WITH CONSTRUCTION OF AN IN-STREAM IMPOUNDMENT. THE SITE IS LOCATED WEST OF OLD RIVER ROAD IN BAKER, FL.
COMMENCING ON OR ABOUT AUG 2010 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF AN IN-STREAM IMPOUNDMENT. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.
EPA ISSUED AN ADMIN COMPLIANCE ORDER ON MARCH 4, 2011, REQUIRING THE RESPONDENT TO PRESENT A SITE RESTORATION PLAN THAT WOULD REMOVE THE IN-STREAM IMPOUNDMENT AND RESTORE THE WETLANDS AND STREAM TO PRE-IMPACT CONDITIONS. A RESPONSE WAS RECEIVED ON MAY 24, 2012, PROPOSING TO PERMIT THE POND AFTER-THE-FACT AND MITIAGATING FOR THE IMPACTS. ON NOV 19, 2014, EPA AND RESPONDENT AGREED THAT THE RESPONDENT WOULD PURSUE AN ATF PERMIT FOR THE IN-STREAM IMPOUNDMENT AND MITIGATE THE IMPACTS BY PURCHASING WETLAND CREDITS FORM AN APPROVED MITIGATION BANK.
AT NO TIME DURING THE DISCHARGE OR DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.
AG