Jobe in Violation of Section 404 of the Clean Water Act

Jobe is in violation of section 404 of the Clean Water Act in his attempt to destroy Arroyo 41A, the Mountain to River Trail. Here is a report that I received yesterday:

The EPA Region 6 Wetlands Coordinator in Dallas has been out to Arroyo 41A (planned Mountain to River Trail). Jobe violated section 404 of the Clean Water Act by not having a permit to grade the arroyo. EPA won't fine Jobe since this is his first violation. However, the Army Corps of Engineers is requiring Jobe to mitigate the damage and he will likely have to obtain a 404 permit to quarry the arroyo. The city, county and public may be able to comment on the sufficiency of the mitigation and also comment on the permit process.

According to a local Corps official, if Jobe wants to remove fill from the arroyos he can without a permit, as long as he doesn't store fill in the arroyo. Also, according to the same official, commenting on mitigation may not be an option specifically allowed by statute (although statute does not prohibit such either).

The above should also pertain to the developer of Desert Springs who intends to fill in much of 41A. The goal would be to work with the Corps so the permit mandates the least environmentally destructive alternative be selected.

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