6/22/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 6.48 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS THAT ARE ADJACENT TO MILL BAYOU, A TIDALLY INFLUENCED NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD. ON AUG 21, 2014, THE U.S. ARMY CORPS OF ENGINEERS ISSUED A CEASE AND DESIST ORDER TO RESPONDENT PROHIBITING RESPONDENT FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. ON OCT 7, 2014, PERSONNEL FROM EPA AND THE CORPS CONDUCTED A JOINT INSPECTION.
COMMENCING ON OR ABOUT JUNE 24, 2014, TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 6.48 ACRES HERBACEOUS AND FORESTED FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.
AGREEMENT:
A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON MAY 11, 2015 BY CYPRESS ENVIRONMENTAL