5/4/06 - CONSENT AGREEMENT AND FINAL ORDER (CAF0) ISSUED, ASSESSING A PENALTY OF $50,000. RESPONDENT SHALL MAKE PAYMENT WITHIN SIX MONTHS (11/06).
ALLEGATIONS:
COMMENCING ON OR ABOUT JULY 1998 TO PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE DISCHARGE AREA USING VARIOUS EARTH MOVING MACHINERY. THE RESPONDENT'S UNAUTHORIZED ACTIVITIES WERE ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS TO TRANSISTION THE PROPERTY FROM FRETRY TO AGRICULTURAL USE. RESPONDENT IMPACTED APPROXIMATELY 35.9 ACRES OF WETLANDS THAT ARE HYDROLOGICALLY CONNECTED TO THE ST. JOHNS RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ON THE DISCHARGE AREA FROM JULY 1998 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a).