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<br />Construction to exist. Hall-Irwin was advised by its consultant that a permit from the Corps <br />would be required for further mining activities in the area prior to any wetland impacts occurring. <br />Hall-Irwin Corporation and the landowners the Baurers and Mr. Eiberger were all awaze of the <br />requirements of the § 404 regulatory program since the Baurers and Mr. Eiberger obtained a <br />permit for a water ski lake which was constructed by Hall-twin Corporation (known as Hall- <br />Irwin Construction Co. at.the time), on the same property. <br />B. Prior Compliance History <br />The respondent Hall-Irvin Construction Company (previous name of respondent, Hall- <br />Lwin Corporation) was involved as landowner in a violation very similaz to the present violation <br />in Weld County at the Herbst Pit (83rd Ave Pit). As a resolution to the violation, Weld County <br />was allowed to apply for a Corps permit. <br />C. Degree of Culpability <br />The respondent Hall-Irwin Corporation undertook the installation of the slurry wall for <br />profit and under a contractual agreement signed in February of 1998 which required completion <br />of the slurry wall no later than December 31, 1999. Further, the contract provided for monthly <br />payments based on the percentage of the slurry wall that was completed and the contract also <br />provided for an additional $ 590,000 upon completion of the slurry wall. Each of the <br />Respondents had an affirmative responsibility to comply with the requirements of Section 404. <br />Moreover, EPA's past enforcement actions in the Denver azea have received widespread publicity <br />and the parties should have been aware of the requirements to get a permit before proceeding <br />with the project. Each of the Respondents had a duty to know about, and to comply with, the <br />requirements of Section 404 and each had complete control over their conduct. <br />D. Economic Benefit or Savings <br />Hall-Irwin Corporation benefitted duectly from the violation by receiving payment from <br />placement of the unauthorized fill material (the slurry wall) on land they leased from the Baurers <br />and Mr. Eiberger. These profits were received as payment from the Central Colorado Water <br />Conservancy District, for installation of the slurry wall, which will ultimately serve as a water <br />storage vessel, Robert W. Walker Reservoir. <br />Payments <br />From the District Capital Project Fund: <br />6/5/98 $192,000.00 <br />9/8/98 135,636.70 <br />11/16/99 74,375.00 <br />12/19/00 450,000.00 <br />From the Subdistrict Capital Project Fund: <br />2/17/98 $600,000.00 <br />9/8/98 135,636.70 <br />11/16/99 74,375.00 <br />12/19/00 450,000.00 <br />Hall-Irwin had the unauthorized use of this money from the period of time when the <br />profits were first obtained to the date a permit may be issued. The estimated proceeds from the <br />use of this money is over $12,000. This penalty assessment assumes that a permit may likely be <br />