10/13/2010 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
ON OR ABOUT JUNE 20, 2008, TO THE PRESENT, RESPONDENT, OR THOSE ON BEHALF OF RESPONDENT, USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF A DAM AND IMPOUNDMENT AT THE SITE.
RESPONDENT'S ACTIVITIES AT THE SITE IMPACTED APPROXIMATELY 6.2 ACRES OF FORESTED FRESHWATER WETLANDS AND APPROXIMATELY 1100 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM (THE DISCHARGE AREA). THE UNNAMED PERENNIAL STREAM IS A PERENNIAL TRIBUTARY 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 JUNE 30, 2008, TO THE PRESENT DID RESPONDENT OBTAIN A PERMIT PURSUANT TO SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES.
THEREFORE, RESPONDENT VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT ISSUED PURSUANT TO SECTION 404 OF THE CWA.