5/16/11 - 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 4.6 ACRES OF WETLANDS LOCATED IN SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 WEST OFF OF BALL PARK ROAD, VANCLEAVE, JACKSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING SITE PREPARATION FOR THE CONSTRUCTION OF RECREATIONAL AND PARKING FACILITIES.
COMMENCING ON OR ABOUT OCT 2008 TO JUNE 2009, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETALNDS ON THE SITE USING TRACKHOES, EXCAVATORS AND DOZERS DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE SITE PREPARATION FOR THE CONSTRUCTION OF RECREATIONAL AND PARKING FACILITIES.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.6 ACRES OF JURISDICTIONAL WETLANDS THAT ARE ADJACENT TO THE LITTLE BLUFF CREEK, WHICH IS A TRIBUTARY TO THE BLUFF RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.
ORDER REQUIRES:
A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED JUNE 11, 2010 AND ITS ADDENDUM, SUBMITTED FEB 4, 2011.
B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 15 DAYS. RESTORATION MUST BE COMPLETED BY MARCH 1, 2012. WITHIN 30 DAYS OF COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN