Alaska News

Anchorage developer faces EPA fine of $177,500

Anchorage developer David D'Amato is facing a federal fine of $177,500 for destroying wetlands and streams on his property in the Bear Valley area, the U.S. Environmental Protection Agency announced last week.

Beginning in 2005, D'Amato used heavy equipment at the Hunter Heights subdivision to illegally excavate 1,300 feet of streams, then filled nearly an acre of wetlands on a 29-acre property with the stream material, according to the EPA. D'Amato performed this work without obtaining needed permits from the Army Corps of Engineers, a violation of the Clean Water Act, the EPA said.

The excavation caused erosion in the streams and sediment flowed into nearby Little Rabbit Creek, which is used by salmon to spawn. The sediment flows on through the creek to Potter Marsh, where it threatens salmon and bird populations, said Heather Dean, environmental scientist at the EPA.

The EPA sent D'Amato warnings over the years but he never fixed the problem, Dean said. In 2007, the EPA issued D'Amato a compliance order requiring him to restore the damaged wetlands and streams. He hasn't yet taken care of it and continued to dredge and fill the streams and wetlands on his property until at least July 2008, the EPA said.

D'Amato couldn't be reached for comment.

Dean said in 20 years, she has never had a case where someone let a fine go on this long without fixing the problem.

"When a property owner ignores his obligation to build housing developments responsibly, Alaska's environment takes the hit," said Michael Szerlog, manager of EPA's Aquatic Resources Unit in Seattle. "There are real consequences -- environmental and legal -- from skirting the law."

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D'Amato has until Aug. 7 to contest the fine.

By KAYLIN BETTINGER

kbettinger@adn.com

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