6/10/05 - FINAL ADMINISTRATIVE CONSENT AGREEMENT ISSUED.
VIOLATIONS: THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO AN UNNAMED TRIBUTARY OF THE DOG RIVER, NORTH OF ALLIGATOR BAYOU, IN A DEVELOPMENT ADJACENT TO RABBIT CREEK ROAD NEAR THE CITY OF MOBILE, AL.
EPA HAS DETERMINED THAT THE RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 4.10 ACRES OF WATERS OF THE U.S. DURING CONSTRUCTION OF A SUBDIVISION. RESPONDENT CONDUCTED THESE ACTIVITIES WITHOUT A SECTION 404 PERMIT.
ORDER REQUIRES:
RESPONDENT 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 PURSUANT TO SECTION 404 OF THE CWA OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGMT.
RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA FOR APPROVAL TO RESTORE THE WETLAND AREAS WITHIN 30 DAYS. ADDITIONALLY, THERE WILL BE A 3-YEAR MONITORING PLAN WHICH SHOULD INCLUDE HYDROLOGICAL AND VEGETATIVE SUCCESS CRITERIA. THE SURVIVAL RATE AT THE END OF THE 3-YEAR MONITORING PERIOD SHALL BE 70 PERCENT OF THE PLANTED SPECIES ONSITE. UPON APPROVAL OF THE RESTORATION PLAN BY EPA, AND RECEIPT OF ANY OTHER FEDERAL, STATE, AND LOCAL APPROVALS THAT MAY BE REQUIRED, RESPONDENT SHALL COMPLETE THE RESTORATION OF THE AREA WITHIN 6 MON