20210304 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGATIONS
This AOC pertains to the discharge of dredged and/or fill material into
jurisdictional waters of the United States at Respondent?s site located on the west side of
Newbolt Road, approximately 0.8 miles south of the intersection of Newbolt Road and Millers
Mill Road in Owensboro, Daviess County, Kentucky, at 37.736044? N and longitude -
87.047803? W (Discharge Area) (Exhibits A and B).
Commencing on or about August 27, 2015, Respondent, or those acting on behalf
of the Respondent, discharged dredged and/or fill material into wetlands on the Site using earth
moving machinery, during unauthorized activities associated with the clearing and filling of
wetlands for construction of an amenity lake for a residential site.
Respondent?s unauthorized dredging and filling activities impacted approximately
1,454 linear feet of an intermittent unnamed tributary of North Fork. The North Fork is a
tributary of Panther Creek, which flows to the Green River, a traditional navigable water (TNW).
On August 24, 2016, the EPA, the U.S. Army Corps Engineers (Corps) and the
Kentucky Division of Water (DOW) performed a Compliance Evaluation Inspection (CEI) to
evaluate Respondent?s discharge of dredged/fill material at the Site to assess compliance with the
CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 232.