News Release
| Release Number: | 04-012 |
| Dated: | 1/20/2004 |
| Contact: | Diana J. Fredlund, 503-808-4510 |
Portland, Ore.-The U.S. Army Corps of Engineers proposes assessing a $2,140 administrative penalty against Weston-Freeman L.L.C. for violating a permit issued under the Clean Water Act.
The Corps issued a permit (No. 1998-00762) to Weston-Freeman, LLC, which authorized fill of 1.08 acres of wetlands adjacent to a headwater tributary on McKay Creek, near Hillsboro, Ore.
Weston-Freeman violated the permit by: not submitting the required monitoring reports for the replacement mitigation; altering the mitigation plan's vegetation species and layout; and not providing a recorded deed restriction on the mitigation site.
Written comments must reach the Corps by Feb. 2, 2004, and should be mailed to U.S. Army Corps of Engineers, Attn: Karen Nelson, CENWP-OP-G, P.O. Box 2946, Portland, OR, 97208-2946. Send e-mail comments to Karen.L.Nelson@usace.army.mil. Comments must reference public notice number 1998-00762.
The penalty amount can be revised after all the evidence and comments have been reviewed. The District Engineer will issue the final order on this violation on or after Feb. 2, 2004.
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 rivers.
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 projects on the affected area. The procedure for assessing civil penalties in cases where standards are not met is in accordance with statue 33 U.S.C § 1319 (g) and regulation 33 CFR Part 326.6.