3/16/11 - CONSENT AGMT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $38,000. RESPONDENT SHALL PAY THE PENALTY AMOUNT OF 4 INSTALLMENTS OF $9500. THE FIRST INSTALLMENT SHALL BE PAID WITHIN 90 DAYS. THE SECOND INSTALLMENT SHALL BE PAID WITHIN 180 DAYS. THE THIRD INSTALLMENT SHALL BE PAID WITHIN 270 DAYS. THE FOURTH AND FINAL INSTALLMENT SHALL BE PAID WITHIN 360 DAYS.
COMMENCING ON OR ABOUT MARCH 24, 2009, UNTIL MAY 19, 2010, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE MECHANICAL LAND CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT.
RESPONDENT IMPACTED APPROX 0.75 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF COLLY CREEK. COLLY CREEK IS A TRIBUTARY OF THE BLACK RIVER, A NAVIGABLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.