8/29/2011 - CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED.
THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATEIRAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING THE PLACEMENT OF A CULVERT AND EARTHEN DAM AND THE MASS GRADING OF APPROX 1,993 FEET OF TWO UNNAMED TRIBUTARIES TO BRUSHY FORK (STREAM 1 AND STREAM 2) AND THE PIPING OF APPROX 1,155 FEET OF AN ADDITIONAL UNNAMED TRIBUTARY TO BRUSHY FORM (STREAM 3). THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF THE COWLEY CREEK SUBDIVISION.
ON NOV 19, 2008, PERSONNEL FROM THE KY DIV OF WATER CONDUCTED AN INSPECTION OF THE COWLEY CREEK SUBDIVISION IN ASSOCIATION WITH RESPONDENT'S APPLICATION FOR WATER QUALITY CERTIFICATION. AT THAT TIME, KDOW IDENTIFIED POTENTIAL UNPERMITTED IMPACTS TO WATERS OF THE U.S.
ON JAN 7, 2009, THE U.S. ARMY COE CONDUCTED AN INSPECTION OF THE COWLEY CROSSING SUBDIVISION. AT THAT TIME, THE COE DETERMINED THAT FILL MATERIAL HAD BEEN PLACED BELOW THE ORDINARY HIGH WATER ELEVATION OF UNNAMED TRIBUTARIES TO BRUSHY FORK.
ON JAN 26, 2009, THE COE ISSUED A CEASE AND DESIST ORDER TO HARDIN COUNTY DEVELOPERS PROHIBITING IT FROM FURTHER PLACEMENT OF EXCAVATED OR FILL MATERIAL BELOW THE ORDINARY HIGH WATER ELEVATION OF BRUSHY FORK AND ANY OF ITS TRIBUTARIES.
ON APR 2, 2009, COE REFERRED THE ENFORCEMENT CASE TO EPA.
ON AUG 24, 2009, EPA CONDUCTED AN INSPECTION OF THE DISCHARGE AREA WITH COE AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WATERS OF TH