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Developer to restore wetland, pay fine

Release Date: 4/8/2002
Contact Information:
Michael Risner 303 312 6890,

Release Date: 4/8/2002
Contact Information:
Rich Lathrop 303 312 6780

Denver -- Greeley-based Hall-Irwin companies will create nearly three acres of new wetlands near Brighton and pay a $60,000 penalty to settle enforcement actions brought against the firm by the U.S. Environmental Protection Agency in 1999 and last September.

EPA alleged that Hall-Irwin had damaged 3.4 acres of wetlands along the banks of the South Platte River near Baseline Road in Weld County while preparing to mine gravel at the site in 1998. Under the nation's Clean Water Act, such work requires a permit from the U.S. Army Corps of Engineers. The company failed to obtain the permit. EPA's order also requires Hall-Irwin to secure all needed permits.

The wetlands originally damaged will be under water when gravel mining is completed. EPA said the company will be required to mitigate that damage by constructing wetlands elsewhere on the site. That follows the Clean Water Act goal of "no net loss" of wetlands. Where loss of wetlands is unavoidable, permits usually require mitigation of the harm.

The company neither admits nor denies the specific factual allegations of the complaint. Hall-Irwin has until April 15 to pay the penalty and EPA expects completion of the wetlands mitigation by the end of summer.

EPA's enforcement chief in Denver, Carol Rushin, said "Anyone planning any stream alterations as part of a project should contact the nearest Corps of Engineers office before starting work to see if they need a permit. In many cases, the Corps can help them avoid damaging wetlands. And, " she added, "they could save themselves some money." For Colorado's Front Range, the nearest Corps office is in Littleton at (303) 979 4120.