Yet another Bettendorf developer fined for violating soil retention rules; third order since September

Yet another Bettendorf developer has been fined for failing to control soil erosion while building a residential subdivision.

Tim Dolan, of Tim Dolan Development Co., agreed to pay the Iowa Department of Natural Resources (IDNR) $5,500 under a consent order signed Dec. 14.

The violation stems from onsite inspections of the Stoney Creek North Third Addition last April and May.

The April 18 inspection found several perimeter soil erosion controls damaged or failing with the central section of the site, located south of 195th St. and north of 250th Street, with "significant rill erosion."

"A line of perimeter silt fence was in place along Spencer Creek; however, the silt fence was overwhelmed and damaged by the sediment," according to the report. "The hillside leading down to the creek was heavily eroded and sediment observed in the creek."

The IDNR inspector returned to the site May 8 – three weeks after the initial inspection and a week after a notice of violation was sent Dolan – and noted no changes had been made to repair the soil erosion control measures.

In an unusual move by the IDNR, Dolan was given nearly 12 months to pay off the fine, with four payments of $1,375 due on January 14, April 1, August 1 and December 1, 2024.

Robert Fick, vice president of Mel Foster Properties and developer of the Century Heights Phase III subdivision, agreed to a $5,000 fine under a consent agreement with the Iowa Department of Natural Resources (IDNR). That order stemmed from storm water permit violations dating back two years.

FG80 Holdings, LLC, owned by developer Kevin Koellner, agreed to a $6,000 fine in September for violations of the National Pollutant Discharge Elimination System (NPDES) permit that occurred in 2022 and 2023.

CLICK HERE to download the full IDNR consent agreement with Dolan Development.

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