1/24/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
COMMENCING ON OR ABOUT NOVEMBER 15, 2008 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATEIAL INTO WETLANDS ON THE SITE USING EXCAVATORS, BULL DOZERS AND OTHER EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH MECHANICAL LAND CLEARING AND EXCAVATION WITH SIDE CAST INTO WATERS OF THE UNITED STATES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD KNOWN AS WINDSOR PARK.
RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 3.85 ACRES OF WETLANDS THAT ARE ADJACENT TO AND ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF ROWEL BRANCH. ROWEL BRANCH IS A PERENNIAL STREAM THAT FLOWS TO MILL CREEK, MILL CREEK IS A PERENNIAL STREAM THAT FLOWS TO STURGEON CREEK. STURGEON CREEK IS TRIBUTARY TO THE BRUNSWICK RIVER AND BOTH ARE TIDALLY INFLUENCED NAVIGABLE WAVES OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM NOVEMBER 13, 2008 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS 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.
EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENTS REMAI