# JOSEPH GARCIA
> **Administrative - Formal** · FY1999 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `38696`
- **Case Number:** 06-1999-0015
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** $5K
- **Multimedia (multi-env):** N
## Defendants
- JOSEPH GARCIA (complaint) (settlement)
## Summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C.     SECTION 1319(A).                                          2. JOSEPH GARCIA                                                4 MILES NORTHEAST OF                                         TIERRA AMARILLA, RIO ARRIBA COUNTY, NEW MEXICO 87575      3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA     BY DISCHARGING DREDGED AND FILL MATERIAL INTO WATERS OF      THE U.S. WITHOUT AUTHORIZATION OF A COE 404 PERMIT.       4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA     ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT.       THE AO REQUIRED THE RESPONDENT TO: 1) CEASE IMMEDIATELY      THE DISCHARGE OF DREDGED AND FILL MATERIAL BELOW THE         ORDINARY HIGH WATER (OHW) MARK, 2) RESTORE THE AREA TO AS    NEAR PRE-PROJECT CONDITIONS AND DIMENSIONS AS POSSIBLE,      USING MATERIALS PRESENTLY STOCKPILED ON THE SITE AND FROM    OFFSITE, AS NECESSARY, 3) PERFORMING POLE PLANTINGS OF       NATIVE TREE SPECIES ON BOTH BANKS AND BELOW THE OHW MARK,    4) REFRAIN FROM ENGAGING IN SAND, GRAVEL, AND COBBLE MIN-    ING ACTIVITIES IN ALL AREAS BELOW THE OHW MARK TO ALLOW      FOR THE REPLISHMENT OF GRAVEL AND COBBLE IN THESE AREAS      AND TO ALLOW THE CREEK TO REESTABLISH A NATURAL COURSE TO    AMELIORATE THE ADVERSE HYDROLOGICAL EFFECTS THAT HAVE        OCCURRED UPSTREAM OF AND DOWNSTREAM FROM THE SITE, 5) THE    RESTORATION MAY REASONABLY BE COMPLETED BY JUN. 1, 1999,     AND 6) REPORT QUARTERLY ON THE PR

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*Source: [EPA ECHO](https://echo.epa.gov/) · MORVS · CC0 1.0*