6/12/03 - CONSENT AGREEMENT ISSUED. ORDER REQUIRES:
1. RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADD'L DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL, EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE U.S. ARMY COE;
2. RESPONDENT SHALL BEGIN IMPLEMENTATION OF THE RESTORATION PLAN AMENDMENT WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGMT;
3. RESPONDENT SHALL COMPLETE INSTALLATION OF THE TEMPORARY EARTHEN DAM BY AUGUST 31, 2003. BY SEPTEMBER 30, 2003, RESPONDENT SHALL SUBMIT WRITTEN CERTIFICATION TO EPA STATING THAT THE INSTALLATION WAS ACHIEVED IN ACCORDANCE WITH EXHIBIT A;
4. BY JULY 31, 2004, RESPONDENT SHALL SUBMIT A WRITTEN REPORT TO EPA WHICH DOCUMENTS THE PROGRESS OF STREAM BANK STABILIZATION AND REVEGETATION. IF EPA DETERMINES FROM THE 2004 REPORT, AND/OR FROM SITE VISITS THAT THE DISCHARGE AREA SITE HAS BEEN RESTORED, EPA WILL REQUIRE THAT THE DAM STRUCTURE BE REMOVED. SUCH DETERMINATION WILL BE MADE IN WRITING TO RESPONDENT. WITHIN 30 DAYS OF SUCH DETERMINATION, RESPONDENT MUCH SUBMIT TO THE WILMINGTON DISTRICT COE A PERMIT APPLICATION TO REMOVE THE TEMPORARY EARTHEN DAM. COPY OF THE PERMIT APPLICATION TO EPA.. RESPONDENT SHALL REMOVE THE TEMPORARY DAM WITHIN 30 DAYS OF RECEIVING A PERMIT FROM COE;
5. IF THE TEMPORARY DAM REMAINS IN PLACE, BY JULY 31, 2005, RESPONDENT SHALL SUBMIT A WRITTEN REPORT TO EPA WHICH DOCUMENTS THE PROGRESS OF STREAM BANK STABILIZATION AND REVEGETATION. IF EPA DETERMINES FROM TEH 2005