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EPA orders developer and builder to restore damaged wetlands

Release Date: 3/7/2001
Contact Information:
303/312-6407,

Release Date: 3/7/2001
Contact Information:
303/312-6913,

Release Date: 3/7/2001
Contact Information:
303/312-7814

Denver -- The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have ordered the River Ridge Development Company (RRDC) and the Hartford Homes construction company to immediately stop illegal earthmoving activities on the site of a residential development in Larimer County, near Windsor.

RRDC managers Lester Kaplan and Brett Hall, and Gary Hoover of Hartford Homes used heavy construction equipment to push dirt and earthen materials into the Cache La Poudre River -- and its adjacent wetlands and tributaries -- without a permit, violating the Clean Water Act (CWA). The Cache La Poudre is designated a priority #1 watershed by the State of Colorado Water Quality Control Commission. These materials pollute the water, damaging river habitat and stream stability. Furthermore, the respondents violated the conditions of a permit issued by the Corps in August 1998. EPA is responsible for CWA enforcement while the Corps issues discharge permits with guidance on compliance requirements. In this case, the respondents should have been aware of the requirements when they committed the violations.

"EPA is taking this action to compel developers to comply with permits issued by the Corps. We also must protect the Cache La Poudre River and its watershed from being polluted by illegal earthmoving," EPA Enforcement Director Carol Rushin said, adding that "the Clean Water Act provides for civil penalties of up to $27,500 per day for each day that the fill material remains in place."

Under the EPA order, the respondents must identify and assess all areas impacted by their illegal activities within 90 days. They must also submit a restoration, stabilization and mitigation plan prepared by a qualified wetland scientist that is acceptable to both EPA and the Corps. This plan must include monitoring to evaluate the success of their efforts. RRDC has 90 days to come into compliance with all the terms and conditions of the existing permit, and the plan must provide for completion of restoration and revegetation by September 2001.

Property owners, developers or contractors planning to do any stream alterations or work in wetlands or ponds should always contact the Corps of Engineers regulatory office in Littleton (303) 979-4120 prior to starting work to see if a permit is required.