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EPA Settles with Cloyd Moser and Modeb Investments for Stariski Creek Clean Water Act Violations

Release Date: 7/12/2005
Contact Information: David Allnutt
(206) 553-2581

July 12, 2005

Federal District Court Judge Ralph Beistline has entered a consent decree resolving claims that Anchorage developer Cloyd Moser and his company Modeb Investments violated the Clean Water Act (CWA) during development of the Stariski Meadows subdivision near Anchor Point, Alaska. The consent decree requires Moser and Modeb to establish a 318-acre wetland conservation area, to restore damaged wetlands, and to pay a $12,500 civil penalty.

In July 2002, the U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Moser and Modeb alleging that roadbuilding activities near Stariski Creek had resulted in the discharge of fill material and storm water into Stariski Creek and adjacent wetlands without the required CWA permits.

Under the consent decree resolving this lawsuit, Moser and Modeb have agreed to establish a 318-acre wetland conservation area adjacent to Stariski Creek by transferring more than $200,000 in land and easements to the Katchemak Heritage Land Trust (KHLT) for preservation. This conservation area will buffer and permanently protect from development more than a mile and a half of important anadromous fish habitat. The consent decree also requires Moser and Modeb to remove fill from two roadways in the subdivision that were constructed in wetlands, to improve site hydrology by installing culverts under a third roadway, and to revegetate the restored areas. In addition, Moser and Modeb have agreed to pay a cash penalty of $12,500.

The consent decree does not resolve related claims for CWA violations in the same subdivision against Clarence Abeldgaard and his family corporation Oceanview Enterprises, Inc. In August 2003, Judge Beistline found Abeldgaard and Oceanview liable for CWA violations at 22 specified fill sites and for violating various administrative orders from EPA. EPA's claims for penalties and injunctive relief for these violations are still pending.

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