7/25/12 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED.
THIS CACO PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. SPECIFICALLY, THE DEPOSITION OCCURRED IN APPROX 2,200 LINEAR FEET OF THE SOUINLOVEY CREEK, ITS TRIBUTARIES AND APPROX 27 ACRES OF ABUTTING WETLANDS, ALL WHICH FLOW INTO THE UPPER CHICKASAWHAY RIVER. THE DEPOSITION OCCURRED DURING A ROAD IMPOROVEMENT PROJECT ALONG STATE ROUTE 513. THE SITE IS LOCATED IN ROSE HILL, MS.
THE MDOT WAS ISSUED A NATIONWIDE PERMIT (NWP) 23 BY THE U.S. ARMY CORPS OF ENGINEERS ON JAN 20, 2010 (SUSPENDED ON OCT 26, 2010 AUTHORIZING 2,200 LINEAR FEET OF STREAM IMPACTS. NO WETLAND IMPACTS WERE AUTHORIZED UNDER THIS NATIONWIDE PERMIT FOR CATEGORICAL EXCLUSIONS.
MDOT WAS ALERTED OF THE WETLAND IMPACTS AFTER RECEIPT OF AN ANONYMOUS TIP ON OCT 13, 2010. ON OCT 14, 2010, MDOT'S WETLAND SCIENTISTS CONDUCTED A SITE VISIT AND VERIFIED THE WETLAND IMPACTS.
EPA CONDUCTED A SITE VISIT IN SEPT 14, 2011, AND OBSERVED IMPACTS TO 27 ACRES OF WETLANDS AS WELL AS APPROX 2,200 LINEAR FEET OF A JURISDICTIONAL STREAM WITH THE PROJECT CORRIDOR. THE WETLAND IMPACTS WERE NOT AUTHORIZED BY MDOT'S NATIONWIDE PERMIT.
COMMENCING ON OR ABOUT OCT 2010 TO THE PRESENT, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS AND WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITY IN THE COURSE OF A ROA DIMPROVEMENT PROJECT. TO PRESENT, THE UNAUTHORIZED DREDGED AND/OR FILL MATER