Property Owners, Gravel Mining Company Charged With Wetlands Violations

Nov. 1, 2001
Three property owners and a Coloroda company are charged with damaging wetlands while mining gravel.

Life is the pits for three Brighton, Colo.-area property owners and a Greeley, Colo., company. They face $137,500 in federal penalties for allegedly damaging wetlands while mining gravel at the Baseline Mine near Brighton.

In an administrative complaint filed in Denver, the U.S. Environmental Protection Agency (EPA) charged Peter and Cindy Baurer and Carl Eiberger, all of Weld County, and Greeley-based Hall-Irwin Corp. with violating portions of the Clean Water Act designed to protect wetlands.

EPA claims that Hall-Irwin bulldozed soil, gravel and bentonite to create a "slurry wall," which keeps water out of the area during gravel mining operations. Mining operations in the immediate area had not yet begun. However, Hall-Irwin and other gravel mining companies also realize a major economic benefit by creating a water impoundment for water storage following mining. The site is one-half mile west of the South Platte river immediately north of Baseline Road in Weld County on properties owned by the Baurers and Eiberger.

EPA alleges the work impacted 3.39 acres of wetlands adjacent to the river. In a 1999 action, EPA had ordered the parties to correct the damage and has been working with them on a restoration plan.

The Clean Water Act allows some work in wetlands and waterways under a permit program administered by the U.S. Army Corps of Engineers and EPA. The program has a goal of "no net loss" of wetlands. Where loss of wetlands is unavoidable, permits usually require mitigation of the harm.

"The parties in this case failed to obtain a permit for the work," said EPA enforcement chief Carol Rushin in Denver. "We seek penalties in such instances so that people don't realize an economic benefit for having violated the law. It also assures that those operators who do comply with the law do not suffer an economic disadvantage."

Wetlands enjoy special protection under the CWA because of their important functions in natural systems. Permits help assure that work done in such areas takes appropriate measures to protect waterways and their surroundings.

"Gravel mining operators, property owners or contractors planning to do any stream alterations should always contact the nearest Corps of Engineers' office before starting work to see if they need a permit," Rushin said.

The Clean Water Act provides for penalties of up to $27,500 for each day that illegal fill remains in wetlands, Rushin noted. The respondents have 30 days in which to contest the facts in the complaint or the amount of the penalty. They may also seek a hearing before an administrative law judge.

edited by Sandy Smith

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

Sponsored Recommendations

Avetta Named a Leader in The Verdantix Green Quadrant: Supply Chain Sustainability Software 2024

Nov. 26, 2024
Avetta was named a leader by Verdantix in a 2024 sustainability software report for our ability to help clients and suppliers build sustainable supply chains.

Avetta is a Leader in Supply Chain Sustainability Software

Nov. 26, 2024
Verdantix has named Avetta a leader in its 2024 Green Quadrant for Supply Chain Sustainability Software. Download the report for independent insights into market trends and top...

The Power of Benchmarking in Procurement: Driving Success and Strategic Planning

Nov. 26, 2024
Explore the strategic impact of benchmarking in procurement to drive success and plan effectively.

Additional Resources About ESG in the Supply Chain

Nov. 26, 2024
Discover over 20 valuable resources related to ESG in the supply chain, including research reports, global standards, and recommendations for managing ESG risks.

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!