News Release
| Release Number: | 05-028 |
| 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 $14,300 against Farah & Parker, LLC, for violation of a permit granted under the Clean Water Act.
A Department of the Army Individual Permit, 1997-00294, was issued to Farah & Parker on Sept. 11, 2001. The permit authorized Farah & Parker to discharge fill material onto 2.94 acres of emergent wetland adjacent to the tributary named McKenzie Ditch.
Permit violations included noncompliance with the compensatory mitigation plan, specifically not seeding and planting a 4.73 acre wetland area designated as compensation for authorized project impact. Permitee also sold the property without transferring permit authorization to the present owners. Signatures from current property owners have been obtained and they have assumed compliance with the terms and conditions of this permit.
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/199700294.pdf.
A penalty up to $11,000 may be assessed per count of permit violation, not to exceed a total administrative fine of $27,500. If requested by Farah & Parker, 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-