8-7-19 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER, ASSESSING A PENALTY OF $19,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
COMMENCING ON OR ABOUT MARCH 1, 2017, UNTIL ON OR ABOUT AUG 30, 2017, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED FILL MATERIAL CONSISTING OF EARTHEN MATERIAL AND A 48-INCH DIAMETER CORRUGATED PIPE INTO WATERS OF THE U.S. ON THE SITE, WITHOUT A PERMIT, USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH COMMERCIAL DEVELOPMENT.
RESPONDENT IMPACTED APPROX 989 LINEAR FEET OF PERENNIAL STREAM ( DISCHARGE AREA ) THAT FLOWS DIRECTLY INTO TOWN CREEK, A NAVIGABLE-IN-FACT WATER OF THE U.S. THIS PERENNIAL STREAM IS A WATER OF THE U.S. SUBJECT TO THE JURISDICTION OF THE CWA BECAUSE IT MAINTAINS A RELATIVELY PERMANENT, CONTINUOUS SURFACE CONNECTION TO A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF THE FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES IT PERFORMED.