12/11/2009 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IMPACTING APPROX 1.4 ACRES WITHIN MUDDY CREEK. MUDDY CREEK IS A TIDALLY-INFLUENCED NAVAGABLE WATER OF THE U.S. THE SITE IS LOCATED AT THE END OF MILL ROAD IN AURORA, BEAUFORT COUNTY, NC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE OPERATION OF THE PROPELLER OF A 48.5-FOOT TRAWLER, TO WASH, KICK, OR DISLODGE THE BOTTOM SUBSTRATE TO CREATE A BASIN.
MR. ASHLEY DANIELS, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT MARCH 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. USING THE PROPELLER OF THE 48.5-FOOT TRAWLER CHALLIE.
RESPONDENT'S UNAUTHORIZED ACTIVITES IMPACTED APPROX 1.4 ACRES OF MUDDY CREEK BOTTOM.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
ORDER REQUIRES:
A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S.
B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
C. WITHIN 30 DAYS, RESPON