In November, 2002 Respondent Robert E. Kerivan, owner of Bridgview Vinyards, Inc. directed one of his employees to use heavy equipment to create a 300 foot berm to block the active channel of Sucker Creek. The berm was created from gravels excavated from the creek floodplain. Large boulders (riprap) were also placed on top and along the base of the berm as reinforcement. Stream flow were then redirected into a new channel excavated through a well vegetated gravel bar within the active floodplain of the Creek.. Sucker Creek is designated as critical habitat for Southern Oregon/Northern California coho salmon. This area is actively used for coho spawning and the fill activities occurred during the spawning season. The block channel provided necessary habitat for coho spawning.
Portions of the channel blocking material were removed in September 2004 under an EPA Compliance Order. Respondent Kerivan was involved in a similar activity in 1998 when the State of Oregon pursue an enforcement action against him for violations of the State���s Fill and Removal Law.