2/26/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $267,000, WITHIN 30 DAYS.
ALLEGATIONS:
COMMENCING ON OR ABOUT AUG 1, 2017, TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES AT THE DISCHARGE AREA USING EARTH MOVING MACHINERY INCLUDING: AN EXCAVATOR, A BULLDOZER, A FRONT-END LOADER, A DUMP TRUCK, A BACKHOE, A TRENCH BOX, A VIBRATORY ROLLER, A FLATBED SEMI-TRUCK, AND A TRANS-LIFT DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF MULTI-PHASE RESIDENTIAL DEVELOPMENT. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S.
RESPONDENT IMPACTED APPROX 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM AUG 1, 2017, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS W/OUT THE REQUIRED PERMIT ISSUED UNDER CWA 404 IS A VIOLATION OF SECTION 301(a) OF THE CWA.