07/26/2009 CONSENT AGREEMENT ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE US, WHICH IMPACTED APPROXIMATELY 20 ACRES OF FORESTED WETLANDS ADJACENT TO PEA CREEK, THREE TRIBUTARIES OF PEA CREEK, AND PEA CREEK, INCLUDING MECHANICAL LAND CLEARING AND FILLING OF FORESTED WETLANDS ASSOCIATED WITH ROAD AND FENCE CONSTRUCTION, AND EXCAVATION OF DITCHES AND TRIBUTARIES WITH SIDECAST OF DREDGED MATERIAL. THE LOCATION OF THE UNAUTHORIZED WORK IS IN PEA CREEK, WETLANDS ADJACENT TO PEA CREEK AND TRIBUTARIES OF PEA CREEK, WEST OF LOUISVILLE, BARBOUR COUNTY, ALABAMA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING ROAD AND FENCE CONSTRUCTION THAT HAS ENCLOSED APPROXIMATELY 2,000 ACRES OF LAND.
COMMENCING ON OR ABOUT JULY 2006 TO SPRING 2007, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES ON THE SITE USING BULLDOZERS AND TRACK HOES, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS AND TRIBUTARIES ASSOCIATED WITH THE ROAD AND FENCE CONSTRUCTION THAT ENCLOSED APPROXIMATELY 2,000 ACRES OF LAND. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A SEC 404 PERMIT.