4/6/11 - CONSENT AGMT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $41,000 DUE WITHIN 30 DAYS.
THE DISCHARGE AREA IS APPROX 20 ACRES OF FORESTED WETLANDS ADJACENT TO PEA CREEK, THREE TRIBUTARIES OF PEA CREEK, AND PEA CREEK.
COMMENCING ON OR ABOUT JULY 2006, UNTIL DEC 31, 2009, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATDD WITH THE CLEARING AND FILLING OF WETLANDS DURING ROAD AND FENCE CONSTRUCTION THAT HAS ENCLOSED APPROX 2,000 ACRES OF LAND.
RESPONDENT IMPACTED APPROX 20 ACRES OF FORESTED WETLANDS ADJACENT TO PEA CREEK, THREE TRIBUTARIES OF PEA CREEK, AND 200 LINEAR FEET OF PEA CREEK. PEA CREEK IS A PERENNIAL TRIBUTARY TO THE PEA RIVER, A TRADITIONAL NAVAGIBLE WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.