News Release
| Release Number: | 06-019 |
| Dated: | 2/10/2006 |
| Contact: | Jennifer A. Sowell, 503-808-4510 |
PORTLAND, Ore. -- The U.S. Army Corps of Engineers has issued a final order for a Class 1 Administrative Penalty of $15,600 against the City of Roseburg for violation of a permit granted under the Clean Water Act.
The Department of the Army permit, number 199501127, was issued on July 9, 1996. The permit authorized the construction of five transportation and infrastructure projects in the City of Roseburg. To offset the unavoidable impacts to waters of the United States, the city proposed compensatory mitigation on Newton Creek and Stewart Park.
The permit was violated on two counts. The required planting mitigation plan was implemented by the City, but failed. The City attempted a supplemental planting effort that had not been authorized by the Corps and did not adequately replace or maintain the species and quantities at planting locations in accordance with the mitigation plan originally proposed.
Additionally, the City failed to achieve the native wetland vegetation cover standards in monitoring years three and five. Insufficient supplemental planting, invasive species removal and maintenance allowed the mitigation site to be dominated by undesirable and invasive species.
The City's proposed Supplemental Environmental Project has been reviewed and declined on the basis that the proposed work would result in only a minor increase in aquatic functions in the Newton Creek watershed, and gain only a small credit toward the penalty amount. In addition, the SEP would have to be monitored yearly through at least 2010. The cost of that monitoring to the City would likely exceed the credit which could be given toward the proposed penalty, and reviewing the reports and the site would constitute additional workload for the Corps.
The final order for this penalty was issued Feb. 3 and becomes effective on March 5. During that 30-day period the City may file an appeal or request a hearing. In order to obtain judicial review, a Notice of Appeal must be filed in the United States District Court for either the District of Columbia or the District in which the violation occurred.
Such an appeal must be filed with the Clerk of the Court within 30 calendar days after the issuance of the final order. If an appeal is not filed and no hearing is requested by March 5, the City has 30 days from that date to pay the penalty in full.
In addition to the penalty, the Corps will modify Department of the Army Permit No. 199501127 to include conditions that ensure success in construction, maintenance and monitoring of the revised mitigation plan for Stewart Park dated August 2005.
The Public Notice that was issued July 1, 2005 for this penalty during the proposal phase can be found at https://www.nwp.usace.army.mil/op/g/docs/notices/199501127.pdf.
Individuals, government agencies and organizations are required to apply for and receive authorization to do any work that will affect waters of the United States, including wetlands and navigable waters. The Corps routinely considers whether proposed projects meet standards of the Clean Water, Coastal Zone Management and Endangered Species acts and looks at the overall impact of the project on the affected area.