9/16/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $3,346.00. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGATIONS:
COMMENCING ON OR ABOUT JUNE 2016 TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION TO AGRICULTURAL LAND.
RESPONDENT IMPACTED APPROXIMATELY 2.1 ACRES OF JURISDICTIONAL WETLANDS AND 800 LINEAR FEET OF AN UNNAMED TRIBUTARY (DISCHARGE AREA) THAT ARE CONNECTED TO THE GREEN RIVER, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES.
THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344.