JULY 25, 2024 - CONSENT AGEEEMENT AND FINAL ORDER
On December 5, 2020, to May 20, 2021, Respondent discharged dredged and/or fill material into jurisdictional waters within the Discharge Area using earth moving machinery. The earth moving machinery included, but was not limited to, excavators and bulldozers. The discharges occurred during unauthorized activities associated with gravel mining. Respondent's unauthorized activities in the Discharge Area impacted approximately 1.5 acres of Carr Creek, which is a relatively permanent perennial tributary to Sulphur Fork, a traditional navigable water.
At a compliance inspection of the Site on June 25, 20 I3, the USACE observed tire tracks in Carr Creek near the gravel bar area where it appeared work was being carried out to try to reroute the creek channel. This additional activity was not within the scope of or covered by Respondent's NWP 13 authorization.
The USACE followed up its June 25, 2013, compliance inspection of the Site with a letter to Respondent.
In response to new complaints of gravel being dredged and discharged into Carr Creek at the Site, the USACE sent a letter dated July 2015, to Respondent reiterating that such activity was regulated under the CWA, as a discharge of dredged material and listed how activities specific to Respondent's proposal to remove additional accumulated gravel would be considered a discharge of dredged material. In an August 12, 2015, response letter to the USACE, Respondent i