# PICERNE DEVELOPMENT ASSOCIATES, A FLORIDA CORPORATION
> **Administrative - Formal** · FY2000 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `39921`
- **Case Number:** 06-2000-0294
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- PICERNE DEVELOPMENT ASSOCIATES, INC. (settlement)
## Summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA )    33 U.S.C. SECTIONS 1318(A) AND 1319(A).                   2. PICERNE DEVELOPMENT ASSOCIATES, INC., A FLORIDA CORP.        FACILITY: NEAR THE INTERSECTION OF RIVERSIDE DRIVE AND                 NEW MEXICO HIGHWAY 76                                        ESPANOLA, RIO ARRIBA, NEW MEXICO 87532          3. RESPONDENT WAS IN VIOLATION OF SECTIONS 301 AND 404 OF       THE CWA BY: A) RESPONDENT, AND/OR PERSONS ACTING ON HIS      BEHALF, OPERATED MACHINERY TO CONDUCT MECHANIZED LAND        CLEARING OVER THE ENTIRE SITE, INCLUDING THE 4.6 ACRES       OF WETLANDS, WHICH RESULTED IN THE DISCHARGE OF DREDGED      AND FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT THE        AUTHORIZATION OF A COE 404 PERMIT.                        4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF      THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE         ORDER (AO) THAT REQUIRED THE RESPONDENT TO: A) COMPLETE      RESTORATION BY JUN. 1, 2000 BY: 1) RECONTOURING THE AREA     TO AS NEAR PRE-PROJECT DIMENSIONS AS POSSIBLE, UTILIZING     MATERIALS PRESENTLY STOCKPILED ON THE SITE AND FROM OFF-     SITE, IF NECESSARY; AND 2) PERFORM POLE PLANTINGS OF NA-     TIVE TREE SPECIES; B) COMPLETE THE OFFSITE MITIGATION BY     OCT. 1, 2000 BY: PERFORMING OFFSITE MITIGATION ON 12         ACRES OF RESPONDENT'S CHOOSING IN OR IMMEDIATELY ADJACENT    TO THE RIO GRANDE FLOODPLAIN IN THE VICINTY OF THE TOWN      OF ESPANOLA AND TAKING OUT A PERF

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*