EPA v. NDOR AND HAWKINS CONSTRUCTION COMPANY

Case summary

THE VIOLATION AROSE OUT OF CONSTRUCTION ACTIVITIES THAT RESPONDENTS CONDUCTED 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 CUASEWAY IN THE SAME CHANNEL. THIS WAS DONE AFTER NDOR HAD RECEIVED A LETTER FROM US FISH & WILDLIFE WHICH APPROVED THE ORIGINAL 404 PERMIT PROVIDED THE CANNEL WAS NOT CONSTRICTED FURTHER. BOTH THE LENGTHENING OF THE ORIGINAL CUASEWAY AND CONSTRUCTION OF THE NEW CAUSEWAY DIRECTLY CONTRAVENED THE OPINION FROM FISH & WILDLIFE. THE AREA OF CONSTRUCTION SERVES AS HABITAT FOR THREE ENDANGERED SPECIES. THIS CONSENT AGREEMENT/FINAL ORDER REQUIRES PAYMENT OF A $18,309.38 PENALTY AND FOR THE RESPONDENT TO COMPLETE A SEP.

Defendants (1)

• NDOR AND 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 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NDOR AND HAWKINS CONSTRUCTION COMPANYentered 2007-08-23

  Primary law: CWA

  Federal penalty: $18,309 · SEP: $54,928

Timeline (5 milestones)

• 2007-08-23Complaint Filed/Proposed Order
• 2007-08-23Final Order Issued
• 2007-09-05Enforcement Action Data Entered
• 2008-11-06Enforcement Action Closed
• 2008-11-06Pipeline Closed