9/21/11 - CONSENT AGREEMENT ISSSUED.
AGREEMENT STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JANUARY 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a).
THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
A. RESPONDENTS WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON AUGUST 24, 2011 AND REVISED ON AUGUST 29, 2011.
B. RESPONDENTS SHALL NOTIFY THE EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN TWENTY DAYS AFTER RECEIPT OF THE SIGNED CACO.
C. RESTORATION MUST BE COMPLETED BY MARCH 1, 2012. WITHIN TWENTY DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITES.
D. THE RESPONDENT SHALL INSPECT AREAS ANNUALLY FOR FIVE YEARS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCESS OF PLANTING.
E. UPON COMPLETION OF THE RESTORATION ACTIVITIES, AN AS-BUILT REPORT IS DUE BY MAY 1, 2012. MONITORING REPORTS SHALL BE SUBMITTED ANNUALLY FOR FIVE YEARS OR UNTIL DEEMED SUCCESSFU