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Environmental News
Martin Kessler
(913) 551-7003
kessler.martin@epa.gov
FOR IMMEDIATE RELEASE
May 26, 2004
MISSOURI DEVELOPER CITED FOR CLEAN WATER ACT VIOLATIONS
EPA Region 7 signed a settlement agreement April 28, 2004, with Innsbrook Corporation of Wright City, Mo., for two violations of Section 404 of the Clean Water Act.
These violations resulted in the destruction of the natural habitat along nearly three miles of streams in the North Fork of Charrette Creek in Warren County, Mo.
Section 404 of the Clean Water Act covers permitting and the deposition of dredged or fill material into waters of the United States, which are for the enjoyment of all citizens.
Innsbrook violated the Clean Water Act between 1998 and 2000 when it built two dams without obtaining the required Section 404 permits. The company built the dams while developing two residential subdivisions, Alpine Lake and Konstanz Lake in Warren County.
The construction of these dams caused discharges of fill material into waters of the U.S., and resulted in the habitat destruction along the North Fork of Charrette Creek.
Such waterways are a public resource, and controlling the impacts on these resources is required by permits under Section 404. “Healthy streams are vital to our ecosystems,” said Region 7 Administrator Jim Gulliford. “EPA will continue to work with the U.S. Army Corps of Engineers to vigorously enforce such violations of federal law.”
As part of the settlement, the company has elected to pay $120,000 to the Missouri Stream Stewardship Trust Fund, which is used to restore stream habitat and ecosystems in Missouri. The amount was calculated to specifically mitigate the estimated damage caused when Innsbrook’s dam construction led to the habitat destruction.
Innsbrook is also required to make a presentation to the St. Louis Builder’s Association about the details of the violations and how other developers should employ best management practices to ensure compliance with federal environmental laws. Lastly, Innsbrook is required to pay a $100,000 penalty.
The terms of the settlement will become effective following a 40-day public notice and comment period.
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