Gandomcar properties ordered to restore impacted section of Plum Creek (Douglas County, Colo.)
Denver, Colorado -- The U.S. Environmental Protection Agency has issued a compliance order to Jahanbin Gandomcar and Gandomcar Properties, LLC (Gandomcar), for violations of the Clean Water Act at Plum Creek near Louviers in Douglas County, Colorado. EPA alleges Gandomcar violated the Clean Water Act when dredged and fill materials were discharged into Plum Creek during the construction of an irrigation diversion and stream crossing in the summer of 2010. Gandomcar did not obtain a permit from the U.S. Army Corps of Engineers prior to performing the work.
“The unauthorized actions of Gandomcar led to localized impacts on Plum Creek,” stated Art Palomares, EPA’s regional water enforcement director. “EPA will continue to pursue actions against those who violate federal laws that protect Colorado’s waters.”
The order requires compliance measures to correct the environmental damage resulting from Gandomcar’s unauthorized activities. Respondents who fail to respond to EPA orders are subject to additional enforcement actions, including civil lawsuits filed by the U.S. Department of Justice in federal court. Gandomcar’s actions at Plum Creek also violate Douglas County regulations. EPA and Douglas County are coordinating efforts to ensure that the final remedy results in compliance with both federal and county requirements.
The portions of Plum Creek that were disturbed provided numerous functions and values, including aquatic and wildlife habitat, runoff conveyance, and aesthetics. Plum Creek flows to Chatfield Reservoir, an impoundment of the South Platte River. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on fish and wildlife habitat and the plants and insects they rely on as food sources.
A Clean Water Act permit is required before performing any work that results in discharges of dredged or fill material into rivers, lakes, streams, and wetlands. These alleged violations could have been avoided if Gandomcar had obtained the appropriate permit from the Army Corps of Engineers prior to discharging material into Plum Creek. Any person planning to do such work should contact the U.S. Army Corps of Engineers’ Littleton Regulatory Office (9307 South Wadsworth Blvd., Littleton, CO, 80128-6901; telephone tel:303-979-4120) before beginning work to determine if a permit is needed.
U.S. Army Corps of Engineers: http://www.usace.army.mil/