Gandomcar Properties ordered to restore impacted section of Plum Creek (Douglas County, Colo.) (CO)
Jahanbin Gandomcar and Gandomcar Properties, LLC to correct environmental damages
(Denver, Colorado – June 29, 2011) The U.S. Environmental Protection Agency has issued a compliance order to Jahanbin Gandomcar and Gandomcar Properties, LLC (Gandomcar), for violations of the Clean Water Act at Plum Creek near Louviers in Douglas County, Colorado. EPA alleges Gandomcar violated the Clean Water Act when dredged and fill materials were discharged into Plum Creek during the construction of an irrigation diversion and stream crossing in the summer of 2010. Gandomcar did not obtain a permit from the U.S. Army Corps of Engineers prior to performing the work.
“The unauthorized actions of Gandomcar
led to localized impacts on Plum Creek,” stated Art
Palomares, EPA’s regional water enforcement director.
“EPA will continue to pursue actions against those who
violate federal laws that protect Colorado’s
waters.”
The order requires compliance measures to
correct the environmental damage resulting from Gandomcar’s
unauthorized activities. Respondents who fail to respond to EPA
orders are subject to additional enforcement actions, including
civil lawsuits filed by the U.S. Department of Justice in federal
court. Gandomcar’s actions at Plum Creek also violate Douglas
County regulations. EPA and Douglas County are coordinating efforts
to ensure that the final remedy results in compliance with both
federal and county requirements.
The portions of Plum Creek that were disturbed
provided numerous functions and values, including aquatic and
wildlife habitat, runoff conveyance, and aesthetics. Plum Creek
flows to Chatfield Reservoir, an impoundment of the South Platte
River. Placement of dredged or fill material into waters of the
U.S. can have adverse impacts on fish and wildlife habitat and the
plants and insects they rely on as food sources.
A Clean Water Act permit is required before
performing any work that results in discharges of dredged or fill
material into rivers, lakes, streams, and wetlands. These alleged
violations could have been avoided if Gandomcar had obtained the
appropriate permit from the Army Corps of Engineers prior to
discharging material into Plum Creek. Any person planning to do
such work should contact the U.S. Army Corps of Engineers’
Littleton Regulatory Office (9307 South Wadsworth Blvd., Littleton,
CO, 80128-6901; telephone 303-979-4120) before beginning work to determine if a permit is
needed.
U.S. Army Corps of Engineers: http://www.usace.army.mil/
For more information on the Clean Water Act, visit EPA's compliance
web page: http://www.epa.gov/compliance/civil/cwa/index.html
For more information about the importance of wetlands in flood
control and habitat conservation, visit: http://www.epa.gov/owow/wetlands/
Help EPA protect our nation's land, air and water by reporting
violations: http://www.epa.gov/tips/
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