EPA Orders Firms to Halt Certain Sand-Mining Practices : Environment: Activity along San Luis Rey River violates Clean Water Act, federal officials say.

Three San Diego County sand-mining companies have been ordered by the U.S. Environmental Protection Agency to stop depositing sand and gravel into the San Luis Rey River, a practice the agency says has changed the river’s flow, damaged vegetation and possibly threatened the habitat of an endangered bird.

The order was issued Monday to H.G. Fenton Material Co. of Pala, Sand & Gravel of Bonsall and L.E. Morrison Co. of Bonita. Fenton is the only company still operating along the San Luis Rey. California Sand and Gravel and L.E. Morrison ceased operations last year.

Lois Grunwald, an EPA spokeswoman in San Francisco, said an EPA investigation started in April, 1991, determined that the companies, by depositing sand and gravel into the river, were violating the Clean Water Act.

The violations occurred when the companies used earth-moving equipment to clear and level some vegetated areas and to create access roads, staging areas and stockpiles for their operations, Grunwald said. In some places, the discharges diverted the river’s flow, and in others, riparian vegetation was buried by the fill.

The discharges also may have impacted the habitat of the least Bell’s vireo, a bird that lives along the river and is on the federal endangered species list, Grunwald said.

“We’re not out to shut down all sand mining on the river,” Grunwald said, “but to ensure that when they do operate they do so in an environmentally sound manner.”

In addition to the impacts sand mining operations have had on wildlife, water quality and flood control, they also have greatly contributed to the river bed dropping 15 feet in the last few years, Grunwald said. During the rainy season, when flows are heavy and rapid, the lowered river bed has threatened bridges and the San Diego County Water Authority aqueduct pipelines that run under the river and deliver the area’s imported water supply.

The order issued Monday gives the companies five days to notify the EPA that they have halted the illegal discharges. The companies then have 20 days to submit proposed methods and a timetable to remedy the adverse effects of the unauthorized activities.

In addition, the companies must then develop a detailed plan for removing the illegal operations and repairing the river’s damaged aquatic and riparian resources. Such plans will require restoration of the river’s previous flow, re-vegetation with indigenous plant species, and determination of what effects erosion caused by the illegal activities have had on the river’s resources.

Repairs to the river’s physical characteristics must be completed in six months, while impacts to vegetation and other biological resources must be completed in a year, according to the EPA’s order.

If the companies fail to comply with the order, they may face penalties of up to $25,000 per day per violation.

Spokesmen for two of the sand mining operations differed on the import of the EPA’s action, which both said they had been expecting for months.

George Cleland, vice president of California Sand and Gravel, which is no longer operating, said he will be seeking further clarification from the EPA. After his company took over operation of the sand mine from another company 2 1/2 years ago, it maintained the same operation, he said.

“I’d like to know what was the unauthorized activity?” Cleland said. “They say there was illegal fill. . . . I’d like to know where there is illegal fill.”

Cleland also said he did not think the EPA’s orders were written by anyone who was familiar with the area.

“If they indicate there is a least Bell’s vireo on the property . . . I’ve never seen it,” Cleland said. “Second of all, most of the vegetation in that river isn’t natural to the area, either. Most of it is imported.”

Allen Jones, planning manager for H.G. Fenton, said his company has been awaiting the EPA’s order, which he called the “conclusion of a process we’ve been involved in with the EPA for some time.” Jones said the company has been cooperating with the EPA since the agency began its investigation in April, 1991.

“It’s been understood that we would do a restoration and vegetation plan,” Jones said. “Since October, we’ve been ready to proceed onto the restoration stage.”

While he was awaiting more details from the EPA, Jones said he believes some of H.G. Fenton’s operation is on land that falls under the provisions of the Clean Water Act and some is not. He said the company will continue mining in the areas not covered by the Act and prepare to repair those areas cited in the EPA’s order.

A spokesman for L.E. Morrison Co. could not be reached for comment.

In the last two years, the number of sand mining operations along the San Luis Rey River has dwindled from eight to two, as several companies have battled with the county of San Diego and other agencies over the extent of their mining.

The remaining companies, H.G. Fenton and J.W. Sand and Materials Inc. of Pala--not mentioned in the EPA order--have been working closely with federal officials and will likely be able to continue operating under the Clean Water Act provisions, Grunwald said.

“There was damage done and there were some valid issues,” Jones said in explaining his company’s acceptance of the EPA’s order. “We’ve been working very cooperatively with the agencies. Not all sand mining companies are alike.”