Tamarack Resort Fined $185,000 for Stormwater Violations

Today’s agreement also calls for Tamarack to restrict its winter construction schedule this year and upgrade its best management practices for future winter construction seasons, the U.S. Justice Department and Environmental Protection Agency said.

The resort is an important destination for skiiers and snowboarders. On February 9 and 10, for instance, Tamarack will host the 2007-08 Chevy U.S. Snowboarding Grand Prix.

The government's complaint alleges that numerous stormwater violations occurred at the resort’s 800 acre construction site, near the shore of Cascade Lake in Idaho’s West Mountains.

In addition to inspections by the Idaho Department of Environmental Quality, EPA inspectors visited Tamarack three times over the past two years - on April 21, 2005; October 13, 2005; and April 20, 2006. Violations of the Construction Stormwater General Permit were found at all of the inspections.

Construction of the village at Tamarack Resort near the shore of Cascade Lake. (Photo courtesy Tamarack Resort)

"We expect all industries to comply with the Clean Water Act," said Ronald Tenpas, assistant attorney general for the Justice Department's Environment and Natural Resources Division. "This settlement will ensure that future construction at this site will comply with applicable federal laws."

Elin Miller, EPA Regional Administrator in Seattle, Washington, says this was a case where a developer made a serious mistake and harmed the environment.

"It's critically important that all land developers, like Tamarack Resort, pay close attention to stormwater management during construction," said Miller.

"If too large a land area is opened up at one time," she said, "construction runoff is uncontrollable and nearby streams and lakes can be damaged."

Violations documented at the site included failure to obtain timely coverage under the EPA stormwater Construction General Permit; discharging concrete truck wash water to a wetland; discharging turbid water to nearby creeks and Cascade lake; failure to maintain best management practices properly and failure to update the stormwater pollution prevention plan.

Tamarack Resort points to its efforts to safeguard the environment, saying that in 2005 and 2006, the company spent nearly $1.7 million on erosion control measures and installed nearly 30 miles of silt fence.

The Lodge at Osprey Meadows Lake Wing is being built in accordance with sustainable, high-performance building practices, with the goal of it being LEED-Silver - the first LEED-certified building at Tamarack Resort, the company says.

In 2007, Tamarack became a member of the United States Green Building Council, and the company says that other projects in development, including the new Mid-Mountain Lodge, are also being assessed for sustainable building opportunities.

Tamarack Resort says it participates in grant funded restoration projects such as constructed wetlands, riparian restoration projects, shoreline stabilization, and conservation strategies.

The resort cites a statement by the Idaho Department of Environmental Quality that the Tamarack project will improve the water quality in Lake Cascade.

In 2002, prior to resort development, Tamarack spent $150,000 to restore and stabilize stream banks on Poison and Rock Creeks. The stream enhancement work has improved trout habitat on both creeks; they now flow freely to Lake Cascade, the company says.

Tamarack is an endorsing resort of the National Ski Areas Association Sustainable Slopes Environmental Charter, an industry initiative that seeks to raise the collective environmental performance of the ski industry.

Under the terms of the agreement with the federal government, Tamarack Resort has 30 days after entry of the decree to remit the penalty to the U.S. Treasury. The consent decree will be subject to a 30-day public comment period and subsequent judicial approval and is available on the Justice Department website at http://www.usdoj.gov/enrd/Consent_Decrees.html

Copyright Environment News Service (ENS) 2008. All rights reserved.