JANUARY 17, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
Commencing in or about November 2021, 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 two ponds. 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 475 linear feet of an unnamed relatively permanent tributary of Tiger Creek and approximately 1.2 acres of jurisdictional wetlands with a continuous surface connection to Tiger Creek. Tiger Creek is a relatively permanent tributary of South Chickamauga Creek. South Chickamauga Creek is a relatively permanent tributary of the Tennessee River, a traditional navigable water.
The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are ?pollutants?.
The earth moving machinery employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are ?point sources?.
A ?discharge of a pollutant? is any addition of any pollutant to navigable waters from any point source.
Respondent?s placement of the dredged and/or fill material into the Discharge Area is a ?discharge of pollutants?.
At no time during the