9/7/16 - COMPLIANCE ORDER ON CONSENT.
THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 24.6 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF TENMILE CREEK. TENMILE CREEK IS A PERENNIAL TRIBUTARY OF HURRICANE CREEK, WHICH FLOWS TO THE ALABAHA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONVERSION OF WETLANDS FOR BLUEBERRY PRODUCTION ACTIVITIES ON THE SITE. THE DISCHARGE AREA CONTAINS 3 SEPARATE PARCELS.
RESPONDENTS, AT ALL TIME RELEVANT TO THIS AOC, WERE THE OWNERS AND/OR OPERATORS OF THE 3 TRACTS OF LAND LOCATED NEAR OR ADJACENT TO HIGHWAY 32 NEAR THE TOWN OF ALMA, BACON COUNTY, GA.
COMMENCING ON OR ABOUT JAN 2012 TO THE PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. TO DATE, THE DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 24.6 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF TENMILE CREEK, A TRIBUTARY OF THE ALABAHA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE TO PRESENT DID RESPONDENTS POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENTS.
RESPONDENTS HAVE VIOLATED CWA 3