11/18/19 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT.
THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING APPROX 2,900 LINEAR FEET OF AN UNNAMED PERENNIAL OF TURKEY CREEK AND APPROX 1,700 LINEAR FEET OF PERENNIAL TRIBUTARIES THAT FLOW INTO THE UNNAMED TRIBUTARY OF TURKEY CREEK. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING A SILVICULTURE OPERATION.
THE UNNAMED TRIBUTARY IS A PERENNIAL TRIBUTARY OF TURKEY CREEK. TURKEY CREEK IS A PERENNIAL TRIBUTARY OF SOUTH FORK. SOUTH FORK FLOWS TO THE GREEN RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S.
COMMENCING ON OR ABOUT NOV 1, 2014 TO APR 2015, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING THE CONSTRUCTION OF FOREST ROADS IN ASSOCIATION WITH A SILVICULTURE OPERATION. THE ACTIVITIES INCLUDED THE USE OF HEAVY EQUIPMENT, WHICH WAS DRIVEN UP THE UNNAMED TRIBUTARY TO TURKEY CREEK, TO CREATE TIMBER HAUL ROADS. THE HAUL ROADS ARE NOT EXEMPT FROM CWA 404 PERMITTING REQUIREMENTS BECAUSE THEY WERE NOT CONSTRUCTED IN COMPLIANCE WITH APPROPRIATE BEST MANAGEMENT PRACTICES (BMPs). THE BANKS OF THE TRIBUTARY WERE CUT AND THE MATERIAL WAS SPREAD INTO THE CHANNEL TO CREATE A ROAD LARGE ENOUGH FOR THE LOGGING TRUCKS TO DRIVE UPSTREAM TO THE LANDING AREA (WHICH WAS APPROX 3,500 LINEAR FEET FROM TURKEY CREEK ROAD). IN A