7/7/2023 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGED VIOLATIONS:
THIS AOC PERTAINS TO THE UNAUTHORIZED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE UNITED STATES WHILE PREPARING THE DEAN TRACT FOR SAND AND GRAVEL MINING. UNAUTHORIZED IMPACTS AT THE DEAN TRACT INCLUDE MECHANICAL LAND CLEARING, DITCHING WITH SIDE CAST OF DREDGED AND/OR FILL MATERIAL AND THE DEPOSITION OF FILL MATERIAL ON APPROXIMATELY 23 ACRES OF WETLANDS AND APPROXIMATELY 400 LINEAR FEET ( LF') OF AN UNNAMED TRIBUTARY TO SHOAL CREEK.
ON MAY 23 AND 24, 2016, THE CORPS AND EPA CONDUCTED A JOINT SITE INSPECTION ON THE DEAN TRACT AND CONFIRMED THAT UNPERMITTED DISCHARGES OF DREDGED AND/OR FILL MATERIAL OCCURRED IN WATERS OF THE UNITED STATES. SECTION 301(A) OF THE CWA, 33 U.S.C. ? 131 L(A), PROHIBITS THE DISCHARGE OF POLLUTANTS BY ANY PERSON INTO WATERS OF THE UNITED STATES EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED UNDER, INTER ALIA, SECTION 404 OF THE CWA, 33 U.S.C. ? 1344. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER 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. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. ? 1311, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.