7/8/15-ADMIN COMPLIANCE ORDER ON CONSENT ISSUED. PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. THE IMPACTS OCCURRED IN PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK AND THEIR UNNAMED TRIBUTARIES AND THE ABUTTING AND ADJACENT FORESTED WETLANDS TO THESE WATERS.
ON 6/2/09, EPA CONDUCTED AN INSPECTION OF THE DISCHARGE AREAS WITH THE ARMY CORPS OF ENGINEERS AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WATERS OF THE U.S. W/OUT A PERMIT UNDER CWA 404. COMMENCING ON OR ABOUT JUNE 27, 2006, RESPONDENTS WALTON, AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS WALTON, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A MOTOR CROSS TRACK AND AIRFIELD.
RESPONDENTS WALTON'S UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A MOTOCROSS TRACK AND AIRFIELD IMPACTED 1.4 ACRES OF JURISDICTIONAL WETLANDS THAT ARE ADJACENT TO PINE LOG CREEK, BEECH TREE CREEK, LONG CREEK AND THEIR UNNAMED TRIBUTARIES, WHICH ARE ALL TRIBUTARIES TO THE SHOAL RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404.
RESPONDENTS WALTON HAVE VIOLATED CWA 404.
AGREEMENT: ALL RESPONDENTS AGREE TO THE FOLLOWING:
A.RESPONDENTS WALTON WILL RESTORE THE DISCHARGE AREAS IN ACCORDANCE WITH THE RESTORATION PLAN. THE RESTORATION WILL INCLUDE: REMOVAL OF FI