10/26/10 - 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 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF COTTONSEED BRANCH FLOWING INTO A NAVIGABLE WATER OF THE U.S. (THE PEARL RIVER) VIA THE STRONG RIVER. THE SITE IN LOCATED IN THE MIDDLE PEARL-STRONG RIVER WATERSHED, AN EPA REGION 4 DESIGNATED PRIORITY WATERSHED. THE SITE IS LOCATED IN PINOLA, SIMPSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT.
THE VICKSBURG DISTRICT CORPS OF ENGINEERS (COE) INSPECTED THE SITE IN DEC 2008 AND CONFIRMED THAT SIGNIFICANT IMPACTS HAD OCCURRED IN WETLANDS ON THE SITE. THE COE TRANSFERRED THE ENFORCEMENT ACTION TO EPA FOR RESOLUTION IN AUG 2009.
COMMENCING ON OR ABOUT DEC 2008 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF COTTONSEED BRANCH FLOWING INTO A NAVIGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA 404.
RESPONDENTS AGREE TO THE FOLLOWING:
A. RESTORE THE IMPACTED 3.5