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EPA Proposes $30,000 Penalty for Alterations to the South Fork Little Butte Creek

Release Date: 9/3/2002
Contact Information: Yvonne Vallette
vallette.yvonne@epamail.epa.gov
(503) 326-2716

September 3, 2002

Leonard Zylstra, of Eagle Point, Oregon, has received an Administrative Complaint from the U.S. Environmental Protection Agency for failure to obtain necessary permits for a project that included realigning the creek channel, and excavating gravels to construct dikes along the South Fork Little Butte Creek near Eagle Point in Jackson County. These discharges occured below the ordinary high water mark of the active creek channel of the South Form of Little Butte Creek and into its adjacent wetlands and riparian areas. The Complaint proposes a $30,000 civil penalty.

EPA’s Complaint alleges that in August of 1997, Mr. Zylstra conducted construction activity in the main channel of the South Fork Little Butte Creek, including excavation and redeposition of vegetation and gravels from the stream bed onto the wetlands and upland portions to form large dikes (6 to 8 feet in height) along his property on the south side of the South Fork Little Butte Creek In addition, EPA further alleges that Mr. Zylstra removed a network of braided stream channels to form an entrenched main channel along a 1.25 mile section of the stream that provides significant habitat for anadromous fish such as coho salmon and steelhead.

According to the EPA complaint, Mr Zylstra's disturbance of the streambed and discharge of materials to the banks was not authorized by any permit issued by the U.S. Army Corps. of Engineers, as required by Section 404 of the Clean Water Act. In December, 1999, EPA issued a Compliance Order requiring Mr. Zylstra to submit a draft restoration/mitigation proposal. While Mr. Zylstra submitted a draft restoration/mitigation plan that was finalized in April 2000, the agreed-to restoration/mitigation measures were not completed and remains incomplete two years later.

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EPA/Portland EPA/Seattle
503-326-2716 206-553-7302