10/19/18 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 14.5 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING PEPPERS BRANCH, A PERENNIAL TRIBUTARY OF SULPHUR FORK, WITHIN A LARGER PARCEL OF APPROX 200.73 ACRES. THE SITE IS LOCATED OFF OF HYDE RD NEAR SPRINGFIELD, ROBERTSON COUNTY, TN. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF BERMS AND LINEAR WATER FEATURES.
ON SEPT 21, 2015, TN DEPT OF ENVIRONMENT AND CONSERVATION DIV OF WATER RESOURCES (DWR) CONDUCTED AN INSPECTION OF THE DISCHARGE AREA.
ON SEPT 25, 2015, THE U.S. ARMY COE CONDUCTED AN INSPECTION OF THE DISCHARGE AREA.
ON NOV 5, 2015, THE COE REFERRED THE ENFORCEMENT CASE TO EPA.
ON NOV 29, 2016, PERSONNEL FROM EPA, COE AND DWR CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA.
COMMENCING ON OR ABOUT JUNE 2014, TO ON OR ABOUT AUG 2015, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF BERMS AN DLINEAR WATER FEATURES. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN THE WATERS OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.
AGREEMENT:
A. RESPONDENT SHALL RESTORE APPROX 14.5 ACRES OF WETLANDS IN ACCORDANCE WITH THE RESTO