8-14-20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGED VIOLATIONS:
This AOC pertains to the discharge of dredged and/or fill material into jurisdictional wetlands and waters of the United States to approximately 4.99 acres of forested wetlands (Discharge Area) adjacent the Tallapoosa River, within an approximate 25-acre tract located at or near latitude 33.5939�N and longitude 85.6035�W (Site) as depicted in (Exhibits A and B).
COMMENCING ON OR ABOUT JUNE 1, 2016, UNTIL ON OR ABOUT MAY 31, 2017, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGE AND /OR FILL MATERIAL INTO WATERS OF THE UNITED STATES. THE UNAUTHORIZED DREDGING AND FILLING ACTIVITIES IMPACTED APPROXIMATELY 4.99 ACRES OF FORESTED WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IN WATERS OF THE UNITED STATES INCLUDE, BUT ARE NOT LIMITED TO, MECHANICAL LAND-CLEARING AND FILLING ACTIVITIES IN FORESTED WETLANDS ON THE PROPERTY. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 1, 2016 TO THE PRESENT DID RESPONDENT POSSESS A VALID PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF SUCH DREDGED AND/OR FILL MATERIAL BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VI