News Release
| Release Number: | 05-027 |
| Dated: | 2/14/2005 |
| Contact: | Diana J. Fredlund, 503-808-4510 |
PORTLAND, Ore—The U.S. Army Corps of Engineers is proposing to assess a Class 1 Administrative Penalty of $12,100 against Washington County Department of Land Use and Transportation (DLUT) for violation of a permit granted under the Clean Water Act.
A Department of the Army Individual Permit, 200200212, was issued to DLUT on Oct. 31, 2003. The permit authorized removing an existing 64-foot-long concrete box culvert and replacing it with a single-span bridge 98 feet long and 49 feet wide.
Permit violations included noncompliance with the regional condition that required installing and maintaining all practicable erosion control measures needed to prevent unauthorized discharge into a wetland or tributary, and failing to measure stream turbidity at 4-hour intervals during in-water work as required from Sept. 16, 2004 through Sept. 21, 2004.
As part of the administrative penalty process, the Corps notifies the permittee, the appropriate state agency and the public of the proposed penalty. During the 30-day comment period, any person may submit written comments on the proposed penalty order. Comments should be sent to the District Engineer, and any comments received will be included in the administrative record. The administrative record will be available for inspection during regular business hours at the U.S. Army Corps of Engineers, Regulatory Branch, 333 S.W. First Avenue, Portland, Ore, 97204-2946.
Written comments must be received by Feb. 20, 2005, and should be addressed to U.S. Army Corps of Engineers, ATTN: CENWP-OP-G (Justin Simms), P.O. Box 2946, Portland Oregon, 97208-2946.
A copy of the proposed penalty is posted on the Corps’ Internet site at https://www.nwp.usace.army.mil/op/g/penalty/200200212.pdf.
A penalty up to $11,000 may be assessed per permit violation, not to exceed a total fine of $27,500. If requested by DLUT, a hearing will be held, at which the public is permitted.
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. -30-