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Polidori Corp. cited for damages to Panguitch Lake (Utah)

Release Date: 09/21/2010
Contact Information: Monica Heimdal, 303-312-6359; Wendy Silver, 303-312-6637; Richard Mylott, 303-312-6654

Unauthorized construction activities at Panguitch Lake Adventure Resort

(Denver, Colorado – September 21, 2010) The U.S. Environmental Protection Agency has issued a compliance order to the Polidori Corporation, Inc. (PCI) and Poli-Gold, LLC (Poli-Gold) for alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. EPA alleges that PCI and Poli-Gold discharged dredged or fill material to the lake and adjacent wetlands during the construction of a marina and RV park. PCI’s and Poli-Gold’s actions were conducted without a required Clean Water Act permit from the U.S. Army Corps of Engineers.

“Unauthorized construction at the Panguitch Lake Adventure Resort degraded more than seven acres of the lake and nearby wetlands,” said Mike Gaydosh, EPA’s enforcement director in Denver. “Those taking actions that impact surface waters and wetlands must secure appropriate permits to protect water resources and the functions they provide.”

EPA alleges that PCI and Poli-Gold, or persons acting on their behalf, discharged dredged or fill material to approximately 7.5 acres of Panguitch Lake and adjacent wetlands during the construction of a marina and RV park in 2007 and 2008. The unauthorized work included construction of a coffer dam in the lake, dredging and filling a large portion of an existing marina, and placement of large rocks along the perimeter of the new marina. Additional activities associated with the development of an RV park included construction of a rock wall, the discharge of large amounts of earthen fill, and placement of large rocks along a portion of the lake’s southern shoreline.

EPA’s order requires PCI and Poli-Gold to remove and/or mitigate discharged material. Where material is removed, impacted areas must be restored to pre-impact conditions and grade. Prior to undertaking this work, PCI and Poli-Gold must submit a plan for EPA approval that details how mitigation and restoration will be accomplished.

Panguitch Lake and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, groundwater recharge, flood attenuation, recreation and aesthetics. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on wildlife habitat and on communities of fish, plants and insects.

A permit is required before performing any work that results in discharges of material into rivers, lakes, streams and wetlands. These alleged violations could have been avoided if PCI or Poli-Gold had applied for and obtained a permit from the Army Corps of Engineers prior to discharging material into Panguitch Lake and its adjacent wetlands. Any person planning to do such work in southern Utah should contact the U.S. Army Corps of Engineers’ St. George Regulatory Office (321 North Mall Drive, Suite L-101, St. George, UT 84790; telephone, 435-986-3979) 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: https://www.epa.gov/compliance/civil/cwa/index.html

For more information about the importance of wetlands in flood control and habitat conservation, visit: https://www.epa.gov/owow/wetlands/

Help EPA protect our nation's land, air and water by reporting violations: https://www.epa.gov/tips/