News Release Manager

US District Court enters consent judgment for permit noncompliance for project

Published June 23, 2015
JOINT BASE ELMENDORF-RICHARDSON – The U.S. District Court for the District of Alaska entered a consent judgment June 15 against Brian Kincaid for noncompliance with his Department of the Army permit for a project in the Matanuska-Susitna Borough, a violation of Section 404 of the Clean Water Act.

The judgment requires restoration of unauthorized fill in wetlands and protection of additional wetlands. If these requirements are not fulfilled, Kincaid must pay a civil penalty of $27,500.

The Clean Water Act allows for administrative, civil and criminal penalties based on the extent and nature of the violation.

The judgment was issued for the violation of DA permit No. POA-2006-834:

- Kincaid illegally filled 5.24 acres of wetlands, of which he was authorized to retain 4.14 acres of fill after-the-fact. The authorization required restoration of 1.1 acres of the filled area and the permanent protection of 3.9 acres. At the time of consent decree issuance, site restoration and permanent protection had not occurred.

The location of the violation is at 7959 Edgerton Parks Road, adjacent to the Hatcher Pass Estates subdivision, within the City of Palmer and Matanuska-Susitna Borough.

For more information on the Regulatory program, visit the website at

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Dena O'Dell

Release no. 15-011