MARCH 5, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
Upon consent of the parties by their attorney and/or authorized officials, the parties stipulate and find that the following facts are true and substantiated:
THE JONES COMPANY OF TENNESSEE, LLC, RESPONDENT; at all times relevant to this AOC, was the owner and/or operator of the Site that contained the Discharge Area.
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 Section 404 of the CWA, 33 U.S.C. ? 1344.
Commencing on or about June 3, 2021, 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 residential development. Currently, the unauthorized dredged and/or fill material remains in waters of the United States.
Respondent's unauthorized activities in the Discharge Area impacted approximately 1.14 acres of wetlands that have a continuous surface connection to an unnamed relatively permanent, perennial tributary to Drakes Creek. Drakes Creek is a perennial tributary of the Cumberland River, a traditional navigable water.
The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, a