8/15/07 - COMPLIANCE ORDER ISSUED. EPA DETERMINED THAT RESPONDENT VIOLATED CWA 301(a) BY DISCHARGING OR DIRECTING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A U.S. ARMY COE PERMIT - IN FORESTED WETLANDS ADJACENT TO THE OHIO RIVER ON FARM SECURITY AGENCY FARM NO. 3385, TRACK 1987, LOCATED JUST SOUTH OF OHIO RIVER NO. 2 ROAD APPROX 400 TO 3,000 LINEAR FEET UPSTREAM OF THE NEWBURGH LOCKS AND DAM, HEAR THE CITY OF SCUFFLETOWN, KY. THE WATERS AT ISSUE ARE LOCATED IN THE SCUFFLETOWN BOTTOMS AREA THAT HAVE BEEN TARGETED FOR THE PROPOSED GREEN RIVER NATIONAL WILDLIFE REFUGE, AND THAT HAVE BEEN IDENTIFIED BY KY AS THE TOP PRIORITY FOR ECOSYSTEM RESTORATION IN THE COE'S INTERIM FEASIBILITY REPORT FOR THE OHION RIVER ECOSYSTEM RESTORATION PROJECTS. FEDERAL RECORDS SHOW OCCURRENCES OF THE FEDERALLY LISTED INDIANA BAT JUST SOUTH OF THE VIOLATION. ADDITIONALLY, THE FEDERALLY THREATENED COPPERBELLY WATER SNAKE INHABITS WETLANDS IN THE LOCAL AREA. THE LOUISVILLE DISTRICT COE RECORDS INDICATE THAT APPROX 3 TO 5 ACRES OF FORESTED WETLANDS HAVE BEEN MECHANICALLY CLEARED AND FILLED TO ACCOMMODATE A CENTER PIVOT IRRIGATION SYSTEM, AND ROW CROP PRODUCTION HAS BEEN EXPANDED INTO THE CLEARED WETLANDS.