JANUARY 26, 2023 - CONSENT AGREEMENT
Based upon observations made during EPA Compliance Evaluation Inspections, statements made by Respondent in response to an Information Request Letter issued pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, and EPA's review of available online data sources, EPA has determined that:
(a) Commencing on or about 1999, to present, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into jurisdictional waters within the Discharge Area using earth moving machinery including, but not limited to, excavators and bulldozers, during unauthorized activities associated with peat mining. Currently, the 1mauthorized dredged and/or
fill material remains in waters of the United States; and
(b) Respondent's unauthorized activities in the Discharge Area impacted approximately16.63 acres of wetlands that have a relatively pennanent, continuous surface connection and a significant nexus to an unnamed perennial tributary to Bull Town Swamp, a large wetland complex with a continuous channel that flows into the South Newport River, a traditionally navigable water
of the United States.
At all times relevant to this action, Respondent is a person within the meaning of Section 502(5) of the CWA, 33 U.S.C. ? 1362(5).
At all times relevant to this action, the Respondent owned and/or operated the Site that contains the Discharge Area.
The discharged dredged and/or fill material, including earth