7/8/08 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO DESPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING MECHANICAL LAND CLEARING AND FILLING OF FORESTED WETLANDS. RESPONDENT WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND APPROX 38 ACRES IN SIZE THAT CONTAINED THE DISCHARGE AREA. COMMENCING SOMETIME IN JANUARY 2007, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING MECHANIZED EARTH-MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH CLEARING AND FILLING FORESTED WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3 ACRES OF WETLANDS THAT ABUT AN UNNAMED TRIBUTARY TO MOUNTAIN FORK. MOUNTAIN FORK IS TRIBUTARY TO THE FLINT RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/FILL MATERIAL AT THE DISCHARGE AREA FROM SOMETIME IN JAN 2007 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA.
ORDER REQUIRES:
A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL.
B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BMPs; (b) REMOVE UNAUTHORIZ