8/3/12 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED.
THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 19 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSING SWAMP. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE ESTABLISHMENT OF A HORSE FARM AND INCLUDED EXCAVATION OF DITCHES WITH SIDE CAST OF DREDGED MATERIAL, MECHANIZED LAND CLEARING, AND FILLING OF JURISDICTIONAL WETLANDS.
THE SITE OF THE VIOLATION IS A 73-ACRE PROPERTY LOCATED AT 3371 HUCKLEBERRY ROAD IN GALIVANTS FERRY, SC.
UNTIL APRIL 2011, THE SITE WAS OWNED BY ATKINSON DEVELOPERS LLC (ALLEGED VIOLATORS). THE ALLEGED VIOLATOR AND ITS AGENTS, CONTRACTORS, AND/OR OTHER REPRESENTATIVES CONDUCTED LAND CLEARING, FILLING, AND OTHER CONSTRUCTION ACTIVITIES AT THE SITE, INCLUDING THOSE ACTIVITIES DISCUSSED BELOW.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA DID THE ALLEGED VIOLATOR POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY THE ALLEGED VIOLATOR.
EPA IN CONJUNCTION WITH THE U.S. ARMY OF CORPS OF ENGINEERS, CHARLESTON DISTRICT CONDUCTED AN INSPECTION OF THE SITE ON JUNE 22, 2005. DURING THIS INSPECTION, EPA DOCUMENTED THAT MECHANIZED LAND CLEARING AND DEPOSITION OF FILL MATERIAL HAD OCCURRED.
THE ALLEGED VIOLATOR'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 19 ACRES OF FORESTED WETLANDS ADJACENT TO LOOSING SWAMP, WHICH CONN