8/27/2010 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 0.9 ACRES OF JURISDICTIONAL WETLANDS AND 2,554 LINEAR FEET OF AN UNNAMED TRIBUTARY OF POND RIVER, NEAR THE CITY OF GRAHAM IN MUHLENGERG COUNTY, KY. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED WHILE MINING THE SITE FOR COAL.
THE ARMY CORPS OF ENGINEERS (COE) FIRST CONFIRMED THE CWA 404 VIOLATION DURING A SITE INVESTIGATION WITH THE RESPONDENT'S MINING CONSULTANT ON FEB 24, 2005.
THE COE REFERRED THE ENFORCEMENT CASE TO EPA ON MAR 23, 2006. CONSEQUENTLY, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER, CWA-04-2006-5771 TO RESPONDENT ON APR 19, 2006.
COMMENCING ON OR ABOUT FEB 24, 2005, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY ASSOCIATED WITH COAL MINING ACTIVITIES, WITHOUT AUTHORIZATION UNDER CWA SEC 404 AND THE DISCHARGED MATERIAL HAS REMAINED IN THOSE WETLANDS AND WATERS TO THE PRESENT DATE.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.9 ACRES OF WETLANDS AND 2,554 LINEAR FEET OF AN UNNAMED TRIBUTARY TO THE POND RIVER.
ORDER REQUIRES:
A. APPLY TO THE COE FOR A NATIONWIDE 32 PERMIT AUTHORIZATION TO IMPLEMENT A MITIGATION PLAN FOR THE IMPACTED STREAM AND WETLAND AND TO RETAIN ANY REMAINING FILL MATERIAL AS APPROVED BY THE COE. RES