11/4/2004 - CEASE AND DESIST ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS, STREAMS AND OTHER WATERS OF THE U.S. ADJACENT TO AN UNNAMED TRIBUTARY OF THE DOG RIVER, NORTH OF ALIGATOR BAYOU, IN A DEVELOPMENT ADJACENT TO RABBIT CREEK ROAD IN MOBILE, AL.
BASED UPON INFO PROVIDED BY THE U.S. CORPS OF ENGINEER, AND ADDITIONAL INFORMATION PROVIDED BY OTHER SOURCES, EPA HAS DETERMINED THAT THE RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 4 ACRES OF WETLANDS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE MECHANIZED LAND CLEARING AND FILLING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A SUBDIVISION AT THE DISCHARGE AREA.
ORDER REQUIRES:
RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN THE DISCHARGE AREA. IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE REQUIREMENT CONFLICTS WITH THE TERMS OF THE ORDER, RESPONDENTS ARE DIRECTED TO CONTACT EPA.
WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENTS SHALL INFORM EPA, WHETHER RESPONDENTS INTEND TO COMPLY WITH THIS ORDER.