EPA v. FINANCE & ADMINISTRATION CABINET, DIVISION OF ENGINEERING, COMMONWEALTH OF KENTUCKY (CONSENT AGMT)

Case summary

1/30/04 - CONSENT AGREEMENT ISSUED. ORDER REQUIRES: 1. RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., EXCEPT AS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE PURSUANT TO SECTION 404 OF THE CWA, OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT. 2. RESPONDENT SHALL SUBMIT A RESTORATION PLAN FOR THE DISCHARGE AREA TO EPA FOR APPROVAL WITHIN 30 DAYS OF RECEIPT OF THIS FINAL AGREEMENT. UPON APPROVAL OF THE RESTORATION PLAN BY EPA, RESPONDENT SHALL COMPLETE THE INITIAL RESTORATION OF THE STREAM WITHIN 45 DAYS FROM EPA APPROVAL. 3. RESPONDENT SHALL SUBMIT DOCUMENTATION OF THE INITIAL STREAM RESTORATION WORK WITHIN 30 DAYS OF STREAM RESTORATION COMPLETION. RESTORATION OF THE TEMPORARY IMPACTS TO THE STREAM THAT ARE ASSOCIATED WITH AN AFTER-THE-FACT ARMY COE PERMIT SHALL BE DOCUMENTED AND SUBMITTED TO EPA WITH 7 DAYS OF STREAM RESTORATION COMPLETION. 4. RESPONDENT SHALL MITIGATE FOR 100 LINEAR FEET OF STREAM IMPACTS THROUGH PURCHASE OF APPROPRIATE CREDITS IN THE STATE'S IN-LIEU FEE STREAM MITIGATION PROGRAM WITHIN 30 DAYS FROM RECEIPT OF THE FINAL AGREEMENT. THIS MITIGATION IS NOT INTENDED TO SATISFY ANY REQUIRED MITIGATION IN THE COE PERMIT REVIEW PROCESS. 5. RESPONDENT SHALL APPLY TO THE COE, FOR A PERMIT TO AUTHORIZE ANY FILL TO WATERS OF THE U.S. THAT WILL BE REQUIRED TO COMPLETE THE PROJECT. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR AUTHORIZATION. 6. IF RESPONDENT RECEIVES A COE PERMIT AUTHORIZING THESE PROJECTS, A COPY OF THE FINAL PERMIT SHOULD BE FORWARDED TO EPA WITHIN 15 DAYS OF PERMIT RECEIPT. IF RESPONDENT DOES NOT RECEIVE A COE PERMIT AUTHORIZING THE FILL MATERIAL ASSOCIATED WITH THIS PROJECT WITHIN 6 MINTHS FROM THE EFFECTIVE DATE OF THIS AGREEMENT, RESPONDENT SHALL SUBMIT A PLAN TO EPA FOR THE COMPLETE RESTORATION OF ALL UNAUTHORIZED IMPACTS TO WATERS ASSOCIATED WITH THIS PROJECT..

Defendants (1)

• KENTUCKY, COMMONWEALTH OFNamed in settlement

Facilities (1)

• WETLANDS (COMMONWEALTH OF KENTUCKY)

  OLD CHANNEL-LIVISA FORK OF BIG SANDY RIV,SUMMIT RD, PIKEVILLE, KY, 41501

  Registry ID: 110017347085

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• COMMONWEALTH OF KENTUCKY (CONSENT AGMT)entered 2004-01-30

  Primary law: CWA

Timeline (2 milestones)

• 2004-01-30Final Order Issued
• 2004-02-20Enforcement Action Data Entered