6/1/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO TWO SEPARATE DISCHARGE AREAS AND FOR FAILURE TO MEET PERMIT CONDITIONS THAT REQUIRED ON-SITE ITIGATION AS FOLLOWS:
A. DISCHARGE AREA 1 IS A DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO APPROX 40 LINEAR FEET OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN UNPERMITTED IN-STREAM ROAD CROSSING.
B. DISCHARGE AREA 2 IS A DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 500 LINEAR FEET OF AN UNNAMED TRIBUTARY OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AND APPROX 1 ACRE OF JURISDICTIONAL WETLANDS DURING ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF AN UNPERMITTED ROCK QUARRY.
C. FOR FAILED MITIGATION REQUIREMENTS ASSOCIATED WITH P&L RAILROAD SPUR BRIDGE CONSTRUCTION.
COMMENCING ON OR ABOUT JULY 8, 2014, TO PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS DURING THE CONSTRUCTION OF AN UNAUTHORIZED IN-STREAM ROAD CROSSING. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 400 LINEAR FEET OF CYPRESS CREEK, A TRIBUTARY OF THE TENNESSEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
EPA ISSUED A LETTER TO RESPONDENTS ON APR 29, 2014, INSTRUCTING THE RESP