5/13/03 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO DISCHARGES WHICH OCCURRED DURING MECHANIZED LAND CLEARING ACTIVITIES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL AND PLACING DREDGED AND/OR FILL MATERIAL WITHOUT A CWA PERMIT, INTO APPROX. 0.65 ACRES OF WETLANDS. ORDER REQUIRES:
(1) RESPONDENT SHALL REMOVE ALL FILL MATERIAL WHICH IS LOCATED OUTSIDE OF THE AREA PERMITTED BY THE FLORIDA DEPT OF ENVIRONMENTAL PROTECTION AND PLACE THE MATERIAL WITHIN THE FOOTPRINT OF THE AREA PERMITTED BY DEP WITHIN 30 DAYS OF THE DATE OF ISSUANCE OF THIS CONSENT AGREEMENT.
(2) RESPONDENT SHALL RESTORE THE AREA WHERE THE FILL MATERIAL HAS BEEN REMOVED TO PRE-PROJECT ELEVATIONS WITHIN 30 DAYS OF THE DATE OF ISSUANCE OF THIS CONSENT AGREEMENT. ALL WETLANDS OUTSIDE OF THE DEP PERMITTED AREA THAT HAS BEEN MECHANICALLY LAND CLEARED AND FILLED SHALL BE REPLANTED WITH GREEN ASH (FRAXINUM PENNSYLVANICA) ON 10 FOOT CENTERS AND HAVE A GUARANTEED SURVIVAL RATIO OF 80% OVER A 5-YEAR PERIOD.
(3). RESPONDENT SHALL MONITOR THE RESTORED PORTION OF THE DISCHARGE AREA FOR A PERIOD OF 5 YEARS. RESPONDENT SHALL MONITOR SEMI-ANNUALLY FOR THE FIRST YEAR, AND ANNUALLY FOR THE FOLLOWING 4 YEARS. RESPONDENT SHALL SUBMIT REPORTS SHOWING THE CONDITION OF THE DISCHARGE AREA TO EPA. REPORTS SHOULD INCLUDE DATA ON TREE SURVIVAL, VEGETATION REGROWTH AND HYDROLOGY OF THE SITE. PHOTOGRAPHIC DOCUMENTATION SHOULD BE INCLUDED IN THESE MONITORING REPORTS.
(4) RESPONDENT SHALL APPLY TO THE COE F