Dock builder explains reason for EPA fine

A Lake County construction contractor recently fined for depositing materials in Flathead Lake says his offense was far less offensive than it sounds.

Brett McCrumb of Polson-based McCrumb Construction said he accepts that he made a mistake that led to a $10,000 Environmental Protection Agency fine, but he is disturbed by initial news accounts related to the work he did at the Lakeside Club in 2007.

McCrumb was hired by the owner of the Lakeside Club to tear out an old marina and build new docks, and part of that work involved removing an isolated crib dock.

“I took all the wood off the crib dock, I took [remaining dock materials] out of the water, put it on the barge, backed up and put it back in the water,” McCrumb said.

An EPA press release said McCrumb deposited 400 cubic feet of dredged material into the lake, resulting in “localized impacts on aquatic habitat and water quality.”

McCrumb said it was actually less than 7 cubic yards, which translates to less than 200 cubic feet of material.

“They say I dumped residual building materials in the lake,” said McCrumb, whose family has been in construction locally for the last 37 years. “And what I did was put in rock, clay and gravel from a crib dock that was already in the lake. Everything I put in the lake was already in the lake.”

But he concedes that a state permit for the project included a clause saying that anything removed from the lake had to stay out of the lake.

For that reason, he followed legal advice to go along with a complaint and consent agreement with the EPA that resulted in a total fine of $15,000, with his share being $10,000. He figures it was his least expensive option.

“I was fighting the federal government, for crying out loud,” he said.

McCrumb said the developer of the Lakeside Club also was held responsible but is blameless.

“As far as I’m concerned, he was innocent in the entire thing,” McCrumb said. “He did everything right. I’m the one who made the mistake.”

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com.