Posted on: Wednesday, June 9, 2004

Kaua'i man must restore wetlands

Associated Press

HANALEI, Kaua'i — The Environmental Protection Agency has ordered a Kaua'i man to restore sensitive wetlands next to the Hanalei River that were illegally filled in when the land was developed in 2002 and 2003, the federal agency said yesterday.

Under the order, Hanalei resident Ed Ben-Dor also must not discharge any more dredged or fill material into wetlands without a permit, the EPA's Region 9 office said in a news release.

Ben-Dor did not immediately return telephone messages seeking comment yesterday.

He was cited for unauthorized dredging and filling of a wetland in the flood plain of the Hanalei River, in violation of the federal Clean Water Act.

The EPA contends that from October 2002 until February 2003, Ben-Dor had contractors excavate a pond and ditch in the wetland area that caused the discharge of dredged materials into the water. The contractors then buried portions of the remaining wetlands with dredged soil and other materials.

Ben-Dor was ordered to select a contractor approved by the EPA by July 6 and to submit a restoration plan to the agency within 45 days. Restoration work will include replanting the area with native plant species as recommended by the U.S. Department of Agriculture.