8/23/2011 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL ORDER MATERIAL AT THE DISCHARGE AREA FROM APRIL 2009 TO AUGUST 2009 DID RESPONDENT OBTAIN A PERMIT PURSUANT TO SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT ISSUED PURSUANT TO SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344.
ORDER REQUIRES:
A. WITHIN FIFTEEN (15) DAYS OF THE EFFECTIVE DATE OF THIS CACO, RESPONDENT SHALL BEGIN RESTORATION OF APPROXIMATELY 31 ACRES OF JURISDICTIONAL WETLANDS IMPACTED AT THE DISCHARGE AREA ( RESTORATION AREA ). THE ON-SITE RESTORATION WILL BE PERFORMED IN ACORDANCE WITH THE JUNE 2011 WETLAND IMPACT ANALYSIS DELINEATION, RESTORATION, AND MONITORING PLAN (ATTACHEMENT 1)
B. ON-SITE RESTORATION MUST BE COMPLETED BY MARCH 31, 2010. WITHIN FIFTEEN (15 DAYS) AFTER COMPLETION ON-SITE RESTORATION. RESPONDENT SHALL SUBMIT A RESTORATION REPORT TO EPA DETAILING HOW THE RESTORATION WAS COMPLETED.
C. RESPONDENT SHALL INSPECT THE RESTORATION AREA FOR A PERIOD OF FIVE (5) YEARS AFTER COMPLETION OF ON-SITE RESTORATION AND SUBMIT A REPORT ON THE RESTORATION SUCCESS TO EPA BY NOVEMBER 15TH OF EACH MONITORING PERIOD. THE FIRST REPORT SHALL BE DUE ON NOVEMBER 15, 2010.
D. IN THE EVENT THAT AN ANNUAL INSPECTION REPORT INDICATES THAT THE SUCCESS CRITERION IS NOT BE