12/10/04 - ADMINISTRATIVE CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO EIGHT-MILE CREEK, ON LOT 2, BLOCK A, 7514 LILLIE LANE, LAKE ESTELLE SUBDIVISION, ESCAMBIA COUNTY, FL. BASED UPON SITE VISITS CONDUCTED BY REPRESENTATIVES OF THE U.S. ARMY CORPS OF ENGINEERS, ON APRIL 16, 2004, AND ADDITIONAL INFORMATION PROVIDED BY THE COE, EPA HAS DETERMINED THAT THE RESPONDENTS AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 0.05 ACRES OF WATERS OF THE U.S. DURING CONSTRUCTION OF A RESIDENTIAL HOME. THE VIOLATION THAT WAS DOCUMENTED DURING THE APRIL 2004 SITE VISIT BY THE COE IS THE SECOND VIOLATION ON THIS SITE. THE ORIGINAL VIOLATION WAS FOR APPROX 0.21 ACRES OF IMPACTS TO WATERS OF THE U.S. THIS AGREEMENT RESOLVES MITIGATION NEEDED FOR BOTH IMPACTS.
ORDER REQUIRES:
RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT.
RESPONDENT SHALL MITIGATE FOR THE IMPACTS TO THE WATERS OF THE U.S. BY PROVIDING 2 ACRES OF OFFSITE MITIGATION WITHIN THE SAME WATERSHED WHERE THE VIOLATION OCCURRED AND OF THE SAME TYPE (HARDWOOD WETLANDS) THAT WAS ELIMINATED BY THE UNAUTHORIZED FILL ACTIVITY. WITHIN 30 DAY