# BAILEY PORT, INC.
> **Administrative - Formal** · FY2016 · — · Final Order No Penalty
## Case
- **Activity ID:** `3600735333`
- **Case Number:** 04-2016-5761
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- BAILEY PORT, INC. (settlement)
## Summary

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

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*