8/9/17 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $95,000.
ALLEGATIONS:
COMMENCING ON OR ABOUT NOV 8, 2013, TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND.OR FILL MATERIAL INTO WETLANDS AT THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR A MULTI-PHASED RESIDENTIAL DEVELOPMENT.
RESPONDENT IMPACTED APPROX 2.4 ACRES OF HERBACEOUS FRESHWATER WETALNDS THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S.
THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA ARE POLLUTANTS AS DEFINED UNDER CWA 502(6).
AT NO TIME DURING THE DISCHARGE OF DREDGED AND.OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.