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Staybridge Hotel Suites owners ordered to restore damaged creek and wetlands

Release Date: 10/4/2002
Contact Information:
303 312-6407,

Release Date: 10/4/2002
Contact Information:
303 312-6954

Denver -- Pietraszek-Enterprises, Inc., and Adam and Slawomir Pietraszek -- the president and vice president of the company -- have been ordered to restore damages to Monument Creek and adjacent wetlands from the recent construction of their Staybridge Suites Hotel in Colorado Springs.

"The U.S. Environmental Protection Agency (EPA) issued an Administrative Order to prevent further harm to water quality in the creek. EPA has immediate concerns about restoring the wetlands that were filled, and long-term concerns about the full impact of proposed development activities on Monument Creek, and its adjacent wetlands and tributaries," EPA Enforcement Director Carol Rushin said.

The Pietraszeks completed construction of the hotel in Spring 2002 without the required authorization from the U.S. Army Corps of Engineers. The Corps ordered the Pietraszeks to cease and desist from their wetlands-related activities on April 9, and the Pikes Peak Regional Building Department issued a separate cease and desist order for failure to obtain a floodplain development permit. These violations are significant because they directly impacted water quality in Monument Creek, and because the Pietraszeks apparently proceeded despite knowledge of their responsibilities under the Clean Water Act. Furthermore, their actions may have impacted habitat for the Prebles Meadow Jumping Mouse, a federally recognized threatened and endangered species under the Endangered Species Act.

They have 30 days within receipt of the Order to develop an engineering analysis and evaluate alternative measures to reach compliance with the Clean Water Act. They must also submit a restoration and mitigation plan to EPA for approval, using a qualified wetland scientist, hydrologist, Prebles Meadow Jumping Mouse expert and restoration expert. The Pietraszeks have five days to inform EPA of their intention to comply with the Order and install erosion controls to protect the disturbed area, the Monument Creek and adjacent wetlands from further sedimentation or other pollutants.

The Order also bars the Pietraszeks from further illegal discharges and requires them to secure all necessary federal, State and local permits. Property owners, developers and contractors planning to do any stream alteration should always contact the Corps of Engineers' regulatory office in Pueblo, Colorado (719) 543-8102, or in Littleton (303) 979-4120 prior to starting work to find out if they need a permit.

The Clean Water Act provides for civil penalties of up to $27,500 per day for each day the illegal fill remains in place.