9/26/2012 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DEREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE ARE ON OR ABOUT DECEMBER 2005, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
WITHIN 30 DAYS AFTER FINAL EXECUTION OF THIS AOC, RESPONDENT SHALL BEGIN RESTORATION OF THE DISCHARGE AREA PER THE RESTORATION PLAN. RESPONDENT SHALL PLUG INTERIOR DITCHES AND THEN PLANT THE DESIGNATED WETLAND AREA ( RESTORATION AREA ) IN WETLAND TREE SPECIES AT A DENSITY OF 200 STEMS PER ACRE.
B. WITHIN 90 DAYS AFTER COMPLETION OF THE PLANTING, RESPONDENT SHALL SUBMIT A RESTORATION REPORT TO EPA DETAILING HOW THE RESTORATION WAS COMPLETED.
C. RESPONDENT SHALL INSPECT THE RESTORATION AREA ANNUALLY FOR FIVE YEARS AFTER COMPLETION OF ON-SITE RESTORATION TO DETERMINE THE SUCCESS OF THE RESTORATION, AND TO ENSURE THE SURVIVAL AT LEAST 200 STEMS PER ACRE WITHIN THE RESTORATION AREA (INCLUDING PLANTED SPECIES AND VOLUNTEER SPECIES WITH FACULTATIVE WETLANT OR OBLIGATED WETLAND SPECIES DESIGNATIONS). RESPONDENT SHALL SUBMIT AN