02/09/2012 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED.
ON JAN 25, 2006, THE U.S. ARMY CORPS OF ENGINEERS (COE), MOBILE DISTRICT, DISCOVERED UNPERMITTED DISCHARGES TO WATERS OF THE U.S. ASSOCIATED WITH CONSTRUCTION OF LIVE OAK LAKE RESIDENTIAL SUBDIVISION AND A SMALL PRIVATE LAKE IN PIKE COUNTY, AL.
ON FEB 1, 2006, THE COE ISSUED A CEASE AND DESIST ORDER TO RESPONDENT PROHIBITING IT FROM FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIALS IN WATERS OF THE U.S.
ON DEC 18, 2007, THE COE REFERRED THE ENFORCEMENT CASE TO EPA.
ON AUG 26, 2008, EPA ISSUED AN ADMIN COMPLIANCE ORDER AND INFO REQUEST TO RESPONDENT, ORDERING RESPONDENT TO CEASE WORKING IN WATERS OF THE U.S., TO SUBMIT A RESTORATION PLAN AND PROVIDE EPA IWTH INFO CONCERNING THE CONSTRUCTION ACTIVITIES.
ON NOV 11, 2008, RESPONDENT SUBMITTED A RESPONSE TO EPA'S INFO REQUEST IN WHICH RESPONDENT STATED THE CONSTRUCTION ACTIVITIES AND LAND DISTURBANCE BEGAN IN 1999.
ON AUG 17, 2011, THE MCDONALD CO., ON BEHALF OF THE RESPONDENT, SUBMITTED A MITIGATION PLAN TO EPA FOR REVIEW. AS PART OF THE MITIGATION PLAN, THE RESPONDENT IS PROVIDING RESTRICTIVE COVENANTS ON TWO TRACTS OF LAND LOCATED IN PIKE COUNTY, AL. EPA INSPECTED THE TRACTS AND FOUND THEM ACCEPTABLE AS COMPENSATORY MITIGATION.
COMMENCING ON OR ABOUT 1999 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURIN