EPA v. MICHAEL ACHEN AND CMK INVESTMENTS LLC

Case summary

In 2004 & 2005 Michael Achen & CMK Investments LLC conducted unauthorized mechanized landclearing on their 17.4 acre property known as Tax Lot #158 in Battle Ground, WA. Approx. 5 to 6 acres of wetlands were impacted by the landclearing activities. In Sept. 2005, EPA ordered interim restoration activities on the site under an Administrative Order (Docket # CWA 10-2005-0231). Although Respondents completed the interim restoration work, they asserted that complete restoration would be unsuccessful because of off-site development activities surrounding the site. After the Supreme Court issued the Rapanos decision in 2006, Respondents also asserted that there was no CWA jurisdiction. In 2007, EPA issued a new jurisdictional determination (JD) at the site based on new EPA/COE guidance on jurisdiction post Rapanos. Respondents accepted the JD & performed a new wetland delineation at the site in 2007. Respondents have agreed to conduct off-site mitigation at a 5 acre site in nearby Dean Creek based on a mitigation plan approved by EPA.

Defendants (2)

• CMK Investments LLC (SB)Named in settlement
• Michael AchenNamed in settlement

Facilities (1)

• RASMUSSEN BUSINESS PARK - PARCEL #158

  E OF SR503, S OF SR502/NE 219TH ST, BATTLE GROUND, WA, 98604

  Registry ID: 110024283684

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MICHAEL ACHEN AND CMK INVESTMENTS LLCentered 2009-02-05

  Primary law: CWA

Timeline (2 milestones)

• 2008-11-07Enforcement Action Data Entered
• 2009-02-05Final Order Issued