9/17/20 CONSENT AGREEMENT AND FINAL ORDER ISSUED. SEE DOCKET # CWA-04-2019-9970(AB)
ALLEGATIONS:
The 0.25 acres of wetlands in the Discharge Area is a water of the United States subject to the jurisdiction of the CWA because it is adjacent (as defined at 33 C.F.R. Part 328.3(c) and 33 C.F.R. Part 328.3(a)(7)) to the Frederica River and Village Creek, which are both navigable waters since they are subject to the ebb and flow of the tide.
Commencing on or about December 2018 to the present, the Respondent, or those acting on behalf of the Respondent, discharged dredged and/or fill material into waters of the United States on the Site using earth moving machinery during activities associated with the construction of a residential development. 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 at the Discharge Area from December 2018 until the present, did the Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities he performed.
Each day the material discharged by the Respondent remains in waters of the United States without the required permit by Section 404 of the CWA, 33 U.S.C. ? 1344, constitutes a day of violation of Section 301 of the CWA, 33 U.S.C. ? 1311.