Share this Page


Landowner and Excavator Failed to Contact Corps of Engineers for Dam

A Wayne County, Neb., landowner and a Madison, Neb., excavation contractor will pay a $30,000 civil penalty to the United States to settle allegations that they used earth-moving equipment to construct a dam on a tributary of Spring Branch Creek without first obtaining a necessary permit from the U.S. Army Corps of Engineers.

Bill Willers, of Norfolk, Neb., and Shannon Kurpgeweit, doing business as Custom Excavation, allegedly violated the federal Clean Water Act by discharging dredged or fill material into an unnamed tributary of the creek that runs through Willers’ property, creating the earthen dam. The dam was documented by a Corps of Engineers inspection of the site in October 2009.

Construction of the dam impacted more than a quarter-mile stretch of the creek, and at least 1.13 acres of adjacent wetland, according to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan.

Under the Clean Water Act, landowners are required to consult with the Corps of Engineers and obtain proper permits before engaging in earth-moving projects that cause damming or adverse impacts to waterbodies.


Unauthorized damming degrades the health of watersheds, resulting in habitat loss, changes to downstream flows that impact stream channel configuration and loss of biological diversity. It also limits the movements of fish, other aquatic organisms and organic material, while depriving other landowners and the public from the use and enjoyment of water downstream.

Willers was officially ordered by EPA in April 2010 to remove the dam and fully restore the impacted stream and wetlands on his property. Since that time, Willers has been working with EPA and the Omaha District Office of the Corps of Engineers on the development of an approved restoration plan.


Comments

Tue, Sep 7, 2010 P.M. Texas

This could be considered a "waste of time" by some, however, the EPA region 7 group should be commended for doing their designated job which is to protect and maintain our precious watersheds. The area involved is small but very significant. EPA should always be consulted before starting such projects that involve our waterways and protected zones.

Thu, Sep 2, 2010 New Jersey

Doesn't Region 7 have more pressing matters to do? Geez, we're talking about 1.13 acre and a 1/4 mile of creek! This is a complete waste of time and funds of the region's inspectors. When is the EPA going to wake up and prioritize its work? Does Congress know this type of harassment is going on? The Obama Administration should be outraged for endorsing this nonsense and giving it national press coverage - You would think EPA would be be embarrassed by the valuable time and precious money it has spent on nailing this "case". Doesn't anything ever change at EPA?

Thu, Sep 2, 2010 Montana

So you can't build a stock pond without Federal approval? I wonder how many years that backlog is.....

Add your Comment

Your Name:(optional)
Your Email:(optional)
Your Location:(optional)
Comment:
Please type the letters/numbers you see above