EPA v. UINTA COUNTY ROAD & BRIDGE DEPARTMENT

Case summary

On June 2, 2011, Uinta County Road and Bridge Department and Mr. Gary Fenus, conducted dredge and fill activities regulated under the Clean Water Act without obtaining authorization from the U.S. Corps of Engineers, placed fill in and blocked the primary channel of the Smiths Fork River, dredged three sections of high flow secondary channels, and discharged dredged material into the river and along the riparian banks and wetlands of the river. The activities were conducted on Mr. Fenus’s property located in the NW ¼ and NE ¼ of the SW ¼ of Section 23, Township 15 North, Range 115 West, Uinta County, Wyoming (Figure 1). Leading up to this action, on April 11 and June 1, 2011, Barney Brisko of Uinta County Road and Bridge contacted the Omaha Corps of Engineers (Corps) Regulatory Office in Cheyenne WY to inform Corps of the flood potential in the Bridger Valley, the need/preference to conduct work within Smiths Fork River to prevent flooding of the town of Mountain View, and to and inquire about authorization for such work. On both occasions Corps requested that additional information be sent for 404 permit review. An email with supporting information on Permitting Guidance for Flood Events and a link to Nationwide Permits and Pre-Construction Notification (PCN) requirements was sent to Mr. Brisko on April 11, 2011. Unreferenced photographs of a proposed project site were sent to Corps’ office on June 1, 2011, by David Dasher, Town of Mountain View, on behalf of Mr. Brisko. On June 2, 2011, Uinta County Road and Bridge Department and Mr. Gary Fenus, conducted dredge and fill activities regulated under the Clean Water Act without obtaining authorization from the U.S. Corps of Engineers, placed fill in and blocked the primary channel of the Smiths Fork River, dredged three sections of high flow secondary channels, and discharged dredged material into the river and along the riparian banks and wetlands of the river. The activities were conducted on Mr. Fenus’s property located in the NW ¼ and NE ¼ of the SW ¼ of Section 23, Township 15 North, Range 115 West, Uinta County, Wyoming (Figure 1). Leading up to this action, on April 11 and June 1, 2011, Barney Brisko of Uinta County Road and Bridge contacted the Omaha Corps of Engineers (Corps) Regulatory Office in Cheyenne WY to inform Corps of the flood potential in the Bridger Valley, the need/preference to conduct work within Smiths Fork River to prevent flooding of the town of Mountain View, and to and inquire about authorization for such work. On both occasions Corps requested that additional information be sent for 404 permit review. An email with supporting information on Permitting Guidance for Flood Events and a link to Nationwide Permits and Pre-Construction Notification (PCN) requirements was sent to Mr. Brisko on April 11, 2011. Unreferenced photographs of a proposed project site were sent to Corps’ office on June 1, 2011, by David Dasher, Town of Mountain View, on behalf of Mr. Brisko. On June 8, 2012 Paige Wolken of the Corps, Regulatory Office arranged a site visit with Mr. Brisko, Uinta County Road and Bridge Department. Upon her arrival, she was informed that workin the Smiths Fork River had been completed in anticipation of a flood event with out Section 404 permit. An estimated 760 linear feet (0.37 acre) of channel was dredged during high flow conditions, resulting in more than minimal fall back into the Smith Fork River. An estimated 0.45+ acre of combined stream channel, adjacent wetland and riparian area was filled with dredged material.

Defendants (2)

• UINTA COUNTY ROAD & BRIDGE DEPARTMENTNamed in complaintNamed in settlement
• GARY FENUSNamed in complaintNamed in settlement

Facilities (1)

• UINTA COUNTY ROAD & BRIDGE DEPARTMENT

  PO BOX 475, MOUNTAIN VIEW, WY, 82939

  Registry ID: 110054082942

Statutes cited

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

Enforcement conclusions (1)

• UINTA COUNTY ROAD & BRIDGE DEPARTMENTentered 2012-11-27

  Primary law: CWA

Timeline (3 milestones)

• 2012-11-27Final Order Issued
• 2013-01-25Enforcement Action Data Entered
• 2023-06-30Enforcement Action Closed