STATEMENT OF ISSUE: In Section 404 of the Clean Water Act violation on the Hubert Kenneth Cronan property located along the Chattahoochee River, at 2045 Riverbend Road, City of Clarksville, Habersham County Georgia.
BACKGROUND: On March 30, 2017, while conducting site reconnaissance near the subject site, a representative of the District observed that land clearing and grading activities undertaken within the site had resulted in the discharge of fill material into an undetermined area of shoreline along the Chattahoochee River. A check of District records revealed that no Section 404 permit was issued for the activity. A modified Cease and Desist Order was issued on April 27, 2017, to Mr. Hubert Kenneth Cronan. The Environmental Consultant representing Mr. Cronan submitted a restoration plan for the stabilization and re-vegetation of the site.
On August 24, 2018, the District entered into a non-judicial settlement agreement with Mr. Cronan for the unauthorized discharge of dredged or fill material into waters of the United States at the site. Mr. Cronan was required to begin restoration activities in accordance with the revised mitigation work plan submitted to the District on May 25, 2018. Under the terms of the settlement agreement, physical site restoration activities should have commenced within 60 days of the effective date of the settlement agreement.
CURRENT STATUS: The restoration activities should be completed at this time. The District will contact Mr. Cronan’s Agent to determine the current status of the restoration. Upon receipt of the Agent’s status information, the Corps will investigate whether a site visit may be required to determine compliance with the settlement agreement and restoration plan.
DISTRICT POC: Mr. Edward B. Johnson, Jr., Regulatory Branch, (678) 422-2722.