5/10/16 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY FO$12,500 DUE WITHIN 30 DAYS.
COMMENCING ON OR ABOUT DEC 19, 2013, TO TEH PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT.
RESPONDENT IMPACTED APPROX 10.1 ACRES OF HERBACEOUS FRESHWATER WETLANDS THAT ARE ADJACENT AND/ABUTTING AN UNNAMED PERENNIAL TRIBUTARY THAT FLOWS TO ENGLISH CREEK. ENGLISH CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO THE NORTH PRONG ALAFIA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM DEC 19, 2013 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. THEREFORE, RESPONDENT VIOLATED CWA 301 DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL W/OUT THE REQUIRED PERMIT UNDER CWA 404.