2/2/18 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGATIONS:
ON JUNE 2, 2009, EPA CONDUCTED AN INSPECTION OF THE DISCHARGE AREA WITH THE U.S. ARMY CORPS OF ENGINEERS (COE) AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WATERS OF THE U.S. W/OUT A PERMIT ISSUED UNDER CWA 404.
UNION STATE BANK HELD A MORTGAGE ON THE REAL PROPERTY CONTAINING THE DISCHARGE AREA WHICH WAS IN DEFAULT. ON OR ABOUT MAY 17, 2017, RESPONDENT ACQUIRED OWNERSHIP OF THE DISCHARGE AREA VIA CERTIFICATE OF TITLE.
RESPONDENT IS CURRENTLY THE OWNER AND/OR OPERATOR OF THE SITE, WHICH CONTAINS THE DISCHARGE AREA.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT JUNE 27, 2006, TO THE PRESENT, DID RESPONDENT OR RESPONDENT'S PREDECESSOR POSSESS A PERMIT UNDER CWA 404.
THE UNAUTHORIZED ACTIVITIES IMPACTED APPROX .42 ACRES OF WETLANDS THAT ARE ADJACENT TO AN UNNAMED PERENNIAL TRIBUTARY. THE UNNAMED TRIBUTARY FLOWS TO PINE LOG CREEK. PINE LOG CREEK IS A PERENNIAL TRIBUTARY OF POND CREEK. POND CREEK IS A PERENNIAL TRIBUTARY OF THE SHOAL RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AGREEMENT:
RESPONDENT AGREES TO THE FOLLOWING:
A. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT AUTHORIZING APPROX .42 ACRES OF DREDGED AND/OR FILL MATERIAL THAT WILL REMAIN IN PLACE AT THE DISCHARGE AREA. IF THE AFTER-THE-FACT PERMIT IS GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS