6/24/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
COMMENCING BETWEEN 2011 AND 2012, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILING OF WETLANDS FOR AGRICULTURAL USE.
RESPONDENT IMPACTED APPROXIMATELY 0.4 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO HORSE CREEK, A TRIBUTARY THAT CONNECTS WITH LYNN CAMP CREEK, A TRIBUTARY OF LAUREL RIVER LAKE, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA BETWEEN 2011 AND 2012, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA.
EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE ATERS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404.