EPA v. KURT CARSTENS AND STEVE MORRILL

Case summary

In Sept. 2008 Kurt Carstens (an attorney who practices in Newport, OR) requested Steve Morrill (who owns an excavation company) to remove all vegetation and large woody debris to improve the view from his residence to the Siletz River. A small excavator operated by Mr. Morrill, was used to scrape off all of the woody vegetation from an overflow channel and island located next to the Siletz River, as well as shape one of the overflow channel banks in areas that were below the ordinary high water level of the Siletz River. Wetlands and stream channel were impacted by the landclearing activities. Mr. Carsten has contended that the area of impact was not jurisdictional as it is a depositional upland and not part of the Siletz River. This Compliance Order will require Mr. Carstens to prepare a site restoration plan to remove any of the remaining fill material on the site and revegetate areas impacted by landclearing by spring of 2009.

Defendants (2)

• Kurt CarstensNamed in settlement
• Steve MorrillNamed in settlement

Facilities (1)

• CARSTENS, KURT - KURT CARSTENS PROPERTY

  4508 LOGSDEN ROAD, SILETZ, OR, 97380

  Registry ID: 110037242551

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• KURT CARSTENS AND STEVE MORRILLentered 2008-12-03

  Primary law: CWA

Timeline (4 milestones)

• 2008-11-24Enforcement Action Data Entered
• 2008-12-03Final Order Issued
• 2009-04-15Amended Administrative Order
• 2017-03-29Enforcement Action Closed