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Duarte never even got to harvest the wheat that he planted because the government was all over him. Keep in mind that we’re not talking about dumping chemicals into a stream or building some sort of permanent structure. The guy was plowing. He was literally moving dirt a foot or so to the side so he could plant his crops.
originally posted by: 38181
Would he be in this mess if he had followed the rules by getting the permit in the first place? There's more to this story I'm sure.
originally posted by: grey580
a reply to: ketsuko
Every time I read one of these stories. There's usually something else that we aren't being told.
I'd look for a non biased source that actually tells the entire story.
Because the property has numerous swales and wetlands, Duarte hired a consulting firm to map out areas on the property that were not to be plowed because they were part of the drainage for Coyote and Oat creeks and were considered “waters of the United States.”
Francois conceded that some of the wetlands were plowed
However, the tractor was not plowing the field, according court documents filed by the U.S. Attorney’s Office in Sacramento. Rather, it was equipped with a ripper that had seven 36-inch shanks, which dug an average of 10 inches deep into the soil.
Duarte disturbed portions of the property that included wetland areas, the U.S. attorney alleges.
The ripping deposited dirt into wetlands and streams on the property in violation of the Clean Water Act, according to documents filed the U.S. attorney filed.