8/15/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $137,500. RESPONDENT, SCANA CORPORATION, AT ALL TIMES RELEVANT TO THIS COMPLAINT, WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED SOUTH OF GODLEY STREET AND NEW STATE ROAD IN THE CITY OF CAYCE, SC. COMMENCING ON OR ABOUT MARCH 5, 2002, TO SEPTEMBER 30, 2003, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT.
RESONDENT IMPACTED APPROX 10.5 ACRES OF WETLANDS THAT ARE ADJACENT TO THE CONGAREE RIVER, WHICH IS TRIBUTARY TO THE WATEREE RIVER, WHICH FORMS LAKE MARION AND LAKE MOULTRIE AND EMPTIES INTO THE COOPER RIVER, A NAVAGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGE AND/OR FILL MATERIAL AT THE SITE FROM MARCH 5, 2002 TO SEPTEMBER 19, 2003, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.