06/25/2015 - CONSENT AGMT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $12,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
COMMENCING ON OR ABOUT AUG 2010 TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND STREAM 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.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 750 LINEAR FEET OF STREAM CHANNEL AND 1.5 ACRES OF WETLANDS THAT ARE ADJACENT TO DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.