North Dakota Developer Penalized for Wetland Pollution

Oct. 2, 2008
Unauthorized discharges result in a $15,000 fine plus restoration costs

The U.S. Environmental Protection Agency (EPA) has reached an agreement with David J. Paulson and the Northeast Ridge Development Co. in which the company will pay a $15,000 fine for unauthorized discharges of dredged and fill material to wetlands adjacent to Lake Elsie, near Hankinson, N.D. In addition to the fine, Northeast Ridge is responsible for all costs necessary to restore the impacted wetlands.

The EPA issued a complaint to Northeast Ridge for discharges of dredged and fill material to Lake Elsie and its adjacent wetlands without a permit--a violation of the Clean Water Act. The unauthorized discharges occurred on a 17-acre property where the company intended to develop a marina and residential subdivision on Lake Elsie's north shore. Northeast Ridge's unauthorized activities impaired or destroyed approximately 1.5 acres of wetlands.

“EPA is taking this action to deter future violations of laws that protect North Dakota's water resources,” said Michael Gaydosh, EPA's assistant regional administrator in Denver. "In addition to providing habitat for birds and wildlife, Lake Elsie's wetlands play important roles in maintaining water quality and providing for water storage and flood attenuation."

In 2005, the EPA filed an administrative compliance order which required Northeast Ridge to correct the environmental damage and restore impacted wetlands to pre-impact conditions. The EPA approved Northeast Ridge’s Restoration and Mitigation Plan in 2007, and the company is currently implementing the plan.

A permit from the U.S. Army Corps of Engineers is required before performing any work that results in discharges of dredged or fill material into waters of the U.S., which include rivers, lakes, streams and certain wetlands.

Property owners, contractors or developers planning to do work in surface waters and wetlands should contact the Corps' North Dakota Regulatory Office (701.225.0015) before beginning work to determine whether a permit is needed.

Source: U.S. EPA