EPA v. NEBRASKA DEPARTMENT OF ROADS AND HAWKINS CONSTRUCTION CO

Case summary

THE VIOLATION AROSE OUT OF CONSTRUCTION ACTIVITIES THAT RESPONDENTS CONSTRUCTED IN THE PLATTE RIVER BETWEEN LINCOLN AND OMAHA, NEBRASKA IN FEBRUARY AND MARCH 2006 AS THEY WERE BUILDING THE I-80 BRIDGE. NDOR HAD OBTAINED A 404 PERMIT TO CONSTRUCT A CAUSEWAY IN THE PLATTE RIVER FOR A STAGING AREA. THE CONTRACTOR, HAWKINS, EXTENDED THE SAND CAUSEWAY BEYOND THE LIMITS OF NDOR’S 404 PERMIT LIMITS AND THEN CONSTRUCTED ANOTHER CAUSEWAY IN THE SAME CHANNEL. THIS WAS DONE AFTER NDOR HAD RECEIVED A LETTER FROM THE U.S. FISH & WILDLIFE WHICH APPROVED THE ORIGINAL 404 PERMIT PROVIDED THE CHANNEL WAS NOT CONSTRICTED FURTHER. BOTH THE LENGTHENING OF THE ORIGINAL CAUSEWAY AND CONSTRUCTION OF THE NEW CAUSEWAY DIRECTLY CONTRAVENED THE OPINION FORM FISH & WILDLIFE. THE AREA OF CONSTRUCTION SERVES AS HABITAT FOR THREE ENDANGERED SPECIES. THIS FINDINGS OF VIOLATION/ORDER REQUIRES MITIGATION.

Defendants (2)

• NEBRASKA DEPARTMENT OF ROADSNamed in complaintNamed in settlement
• HAWKINS CONSTRUCTION COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NEBRASKA DEPT. OF ROADS

  HWY. 80 BRIDGE, ASHLAND, NE, 68003

  Registry ID: 110028169559

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NEBRASKA DEPARTMENT OF ROADS AND HAWKINS CONSTRUCTION COentered 2007-06-28

  Primary law: CWA

Timeline (5 milestones)

• 2007-06-28Complaint Filed/Proposed Order
• 2007-06-28Final Order Issued
• 2007-07-02Enforcement Action Data Entered
• 2008-11-06Enforcement Action Closed
• 2008-11-06Pipeline Closed