12/4/2009 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER. THIS CACO PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2,461 LINEAR FEET OF TWO UNNAMED TRIBUTARIES OF NOLEHOE CREEK, LOCATED WEST OF PLEASANT HILL ROAD, NEAR OLIVE BRANCH, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF THE WINDSTONE SUBDIVISION AND RESULT IN THE IMPOUNDMENT OF 1,071 LINEAR FEET OF ONE TRIBUTARY ( TRIBUTARY 1 ) AND THE UNDERGROUND RELOCATION OF 1,390 LINEAR FEET OF THE SECONDARY TRIBUTARY ( TRIBUTARY 2 ).
COMMENCING ON OR ABOUT NOV 1, 2007, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO TRIBUTARIES ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF THE WINDSTONE DEVELOPMENT.
AT NO TIME DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.