9/11/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: COMMENCING ON OR ABOUT AUGUST 11, 2006, TO SEPTEMBER 12, 2006, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES ON THE SITE (THE DISCHARGE AREA) USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACED A TRIBUTARY TO RICHLAND CREEK, WHICH IS TRIBUTARY TO THE PEARL RIVER, A WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHAGE AREA FROM AUGUST 11, 2006, TO SEPTEMBER 12, 2006, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO WATERS OF THE UNITED STATES WIHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.