5/9/05 - ADMINISTRATIVE CONSENT AGREEMENT ISSUED. THIS AGMT PERTAINS TO WATERS OF THE U.S. ADJACENT TO WEEKS BAY, IN SECTION 40, TOWNSHIP 8S, RANGE 2E, NEAR MAGNOLIA SPRINGS, IN BALDWIN COUNTY, AL.
RESPONDENTS AND/OR AGENTS ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. DURING MECHANIZED LAND CLEARING WITH ASSOCIATED DEPOSITION OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DURING CONSTRUCTION OF A ROAD AND PREPARATION FOR A RESIDENTIAL LOT. RESPONDENTS CONDUCTED THESE ACTIVITIES WITHOUT A SECTION 404 PERMIT.
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 PURSUANT TO SECTION 404 OF THE ACTION OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT.
RESPONDENTS SHALL REMOVE ALL FILL THAT HAS BEEN PLACED IN LOT 4, WITH THE EXCEPTION OF THE FILL THAT HAS BEEN ALLOWED TO REMAIN FOR THE DEVELOPMENT OF THE RESIDENTIAL HOME BY THE ALABAMA DEPT OF ENVIRONMENTAL MANAGEMENT (ADEM) IN THEIR LETTER DATED FEBRUARY 7, 2005, TO PRE-VIOLATION ELEVATION NO LATER THAN MARCH 1, 2006.
RESPONDENTS SHALL REMOVE A PORTION OF THE FILL THAT WAS USED FOR THE CONSTRUCTION OF THE DRIVEWAY THAT IS NOT REQUIRED FOR AN ENTRANCE. THIS AREA SHALL BE RETURNED TO PRE-VIOLATIO