JUNE 11, 2025 - CONSENT AGREEMENT
On July 7, 2022, the Respondent received the EPA?s Information Request Letter (Information Request) pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, requesting information related to Respondent's discharge of dredged and/or fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 230 (2014).
Respondent stated in their July 18, 2022, response to the Information Request that earth moving machinery, such as excavators and bulldozers, was used to excavate the ponds and fill the adjacent wetlands to construct the impoundments at the Site. Respondent also stated in their response that the fill material used in the wetlands came directly from the excavated ponds.
On October 19, 2023, the EPA received a Report of Water Needs Assessment and Farm Pond Exemption Package from the Respondent to support their need for the constructed impoundments and a request for a farm pond exemption under Section 404(f)(1)(C) of the CWA, 33 U.S.C. ? 1344(f)(1)(C).
The EPA conducted an inspection of the Site on November 16, 2023, to evaluate the farm pond exemption request and to evaluate the Respondent's discharge of dredged and/or fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 230 (2014).
The EPA documented in its Inspection Report for its November 16, 2023, Site inspection that unauthorized discharges of dredge