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KURT CARSTENS AND STEVE MORRILL

Administrative - Formal · FY2009 · — · Final Order No Penalty · 1400017564

Penalty
Cost recovery
Compliance action

Case

Case Number
10-2009-0055
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order No Penalty
Multimedia
Self-disclosure
N

Defendants (2)

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.

Source

Authoritative
EPA ECHO
Machine
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