MARCH 5, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
This AOC pertains to the discharge of dredged and/or fill material into approximately 100
linear feet of tributary and 20 acres of wetlands that are waters of the United States. The Discharge Area is located north of Gay, Georgia, in Meriwether County, Georgia. The discharge occurred during the construction of an impoundment on Shoals Creek.
Respondent, Circle Oak East, LLC, is a company duly organized under the laws of the State of Georgia and, as such, is a person as defined in Section 502(5) of the CWA, 33 U.S.C. ? 1362(5).
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. ? 1311(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.
Commencing on or about January 2019, 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 the construction of an impoundment. Currently, the unauthorized dredged and/or fill material remains in waters of the United States.
Respondent?s unauthorized activities in the Discharge Area impacted ap