COLUMBUS, Ohio, Sept. 15, 2000 (M2 Communications) -- Ohio EPA has reached a settlement with William Burgett, owner and operator of Owl Creek Farms regarding violations that occurred during unpermitted erosion control, stream channelization and relocation efforts at the North Branch of the Kokosing River. The impacts occurred to the river near 20866 Waterford Road, Middlebury Township (Knox County).
The federal Clean Water Act requires anyone who will discharge dredged or fill material into waters of the State to obtain first a Section 401 Water Quality Certification from Ohio EPA and then a Section 404 Permit from the U.S. Army Corps of Engineers. Mr. Burgett failed to obtain these permits prior to having the work done.
In July 1997, Ohio EPA observed unpermitted filling and dredging activities occurring on the Kokosing River. These activities may have altered the character and quality of the river.
In response to the Agency's request, Burgett submitted an application for a Section 401 water quality certification to Ohio EPA in December 1997. Ohio EPA proposed to deny this certification. Under the resulting settlement, Burgett agreed to: submit a stream mitigation plan to improve the erosion and flooding of the channel in the project area that could present a threat to safe travel on Waterford Road; complete annual sampling and monitoring for five years to assess aquatic communities; maintain a riparian corridor surrounding the impacted area as a no-mow, no-cut zone for 15 years; and, pay Ohio EPA $30,000, half of which will go to the Ohio Environmental Education Fund and the rest to the Division of Surface Water.
Information about this site can be viewed and/or copied by first calling for an appointment at Ohio EPA, Division of Surface Water, 122 South Front Street, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2001.
