JUNE 13, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
The US Army Corps of Engineers (USACE) conducted an inspection of the Site on April 12, 2022, and documented unauthorized discharges of dredged and/or fill material into waters of the US.
On April 22, 2022, the USACE issued a Notice of Violation to the Respondent for working in, and discharging dredged and/or fill material into, waters of the USs on the Site without a CWA Section 404 Permit.
Respondent directed its contractor to complete work necessary to stabilize the Site. Other than activities related to work necessary to complete stability of the Site, Respondent has not conducted any further development activities at the Site.
Respondent submitted a CWA Section 404 after-the-fact permit application to the USACE on November 1, 2022. The USACE and the Alabama Department of Environmental Management issued a Joint Public Notice on Respondent's after-the-fact permit application on November 14, 2022.
EPA requested that the USACE refer the matter to the EPA, so that the EPA could be the lead agency on the enforcement case, in accordance with the January 1989 Memorandum of Agreement between the agencies on federal enforcement for the Section 404 Program of the CWA.
On August 16, 2023, the USACE and the EPA conducted a joint inspection of the Site.
Commencing on or about March 20, 2022, through April 15, 2022, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and