2/13/19 - 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 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES ADJACENT TO LAKE TOHOPEKALIGA, WITHIN A LARGER PARCEL OF APPROX 1,109 ACRES. THE SITE IS LOCATED SW OF NEPTUNE ROAD (STATE ROAD 525). THE DISCHARGE AREA INCLUDES AREAS S-2, S-3, W-7, AND W-8. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF A MULTI-PHASE RESIDENTIAL DEVELOPMENT.
IN AUG 2017, RESPONDENT AND EPA ENTERED INTO AN AOC AND A CONSENT AGREEMENT AND FINAL ORDER PERTAINING TO A PRIOR UNAUTHORIZED ACTIVITY THAT IMPACTED 2.4 ACRES OF FRESHWATER WETLANDS FOR THE CONSTRUCTION OF AN ENTRANCE ROAD IN THE NE PORTION OF THE SITE. THE AOC REQUIRED, AMONG OTHER THINGS, THAT RESPONDENT APPLY FOR PERMIT COVERAGE FOR THE 2.4 ACRES OF DREDGED AND/OR FILL MATERIAL REMAINING IN WATERS OF THE U.S.
ON DEC 4, 2017, WHILE CONDUCTING AN INSPECTION ASSOCIATED WITH RESPONDENT'S PERMIT APPLICATION FOR IMPACTS TO WATERS OF THE U.S. AT THE SITE, INCLUDING THE 2.4 ACRES OF DREDGED AND/OR FILL MATERIAL THAT WAS THE SUBJECT OF EPA'S AUG 2017 AOC, THE COE DISCOVERED THAT ADD'L UNAUTHORIZED IMPACTS TO WATERS OF THE U.S. HAD OCCURRED ON THE SITE.
ON DEC 8, 2017, THE COE REFERRED THE ENFORCEMENT CASE AGAINST THE RESPONDENT TO EPA.
COMMENCING ON OR ABOUT AUG 1, 2017, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT