8/30/11 - CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $3,000 DUE WITHIN 30 DAYS.
THE DISCHARGE AREA IS IN WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO HARDIMAN BRANCH, WHICH IS A TRIBUTARY TO BEAVERDAM CREEK. BEAVERDAME CREEK IS A PERENNIAL WATER THAT DISCHARGES INTO THE TENNESSEE RIVER AT RIVER MILE 310.7, A NAVIGABLE WATER OF THE UNITED STAES. THE DISCHARGE AREA IS LOCATED EACH OF HARDIMAN ROAD IN MADISON, LIMESTONE COUNTY, AL.
COMMENCING ON OR ABOUT JULY 2010, RESPONDENTS OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF JURISDICTIONAL WETLANDS DURING DEVLEOPMENT OF A RESIDENTIAL SUBDIVISION.
RESPONDENT IMPACTED APPROX 1.34 ACRES OF WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO HARDIMAN BRANCH THAT FLOWS TO HARDIMAN BRANCH, A TRIBUTARY TO BEAVERDAM CREEK, WHICH IN TURN FLOWS TO THE TENNESSEE RIVER, A NAVIGALE WATER OF THE U.S.