7/25/12 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED.
THIS ORDER PERTAINS TO THE CHANNELIZATION AND MODIFICATION OF THE HEADWATER OF ANNEEWAKEE CREEK. TEH UNAUTHORIZED IMPACTS INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDED APPROX 400 LINEAR FEET OF THE TRIBUTARY LOCATED IN HUNTER PARK, CITY OF DOUGLASVILE, DOUGLAS COUNTY, GA.
THE CITY OF DOUGLASVILLE AT ALL TIMES RELEVANT TO THIS ORDER WAS OPERATOR OF HTE PARCEL OF LAND CALLED HUNTER PARK, LOCATED AJDACENT TO GURLEY ROAD IN DOUGLAS COUNTY, GA.
COMMENCING ON OR ABOUT MAY 2011 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY IN CONNECTION WITH STREAM CHANNELIZATION ACTIVITIES.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 400 LINEAR FEET OF THE HEADWATERS OF ANNEEWAKEE CREEK. ANNEEWAKEE CREEK IS A TRIBUTARY OF THE CHATTAHOOCHEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S.
AT NO TIMES DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2011 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER CWA 404 OF THE CWA IS A VIOLATION OF CWA 301(a).
RESPONDENT HAS VIOLATED CWA 301 BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
RESPONDENT AGREES T