9/14/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF UNITED STATES ON THE SITE USING EARTH-MOVING MACHINERY IN CONNECTION WITH THE CONSTRUCTION OF A PRIVATE LAKE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY SIX ACRES OF FORESTED FRESHWATER WETLANDS AND APPROXIMATELY 1100 LINEAR FEET OF WATERS OF THE UNITED STATES. THE UNNAMED TRIBUTARY IS A PERENNIAL OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM DATE OF DISCOVERY (JUNE 30, 2008 BY THE U.S. ARMY/CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
ORDER REQUIRES:
A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES.
B. WITHIN FORTY-EIGHT (48) HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE LISTED WHETHER OF NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, THE RESPONDENT(S) IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE