Attorney General J.B. Van Hollen Announces Judgment Requiring a Sheboygan Construction Company to Pay $25,000 in Forfeitures, Fees, and Costs

Dec 15 2014
Attorney General J.B. Van Hollen Announces Judgment Requiring a Sheboygan Construction Company to Pay $25,000 in Forfeitures, Fees, and Costs

MADISON — Attorney General J.B. Van Hollen has announced that his office has obtained a judgment against C. Spielvogel & Sons Excavating, Inc. requiring it to pay $25,000 in forfeitures, court costs, and surcharges for violations of a permit issued by the Department of Natural Resources (DNR) authorizing the placement of revetment, a stone structure built to protect a shore against erosion by wave action or currents, along the shore of Lake Michigan in Ozaukee County.


According to the complaint, Spielvogel failed to construct the project according to the specifications of the permit application, which formed the basis of the permit’s conditions.  During construction, Spielvogel failed to minimize erosion and prevent siltation into Lake Michigan.  Furthermore, Spielvogel violated the revetment permit when it used steel slag instead of clean stone for traction along an access road to the shore and an area adjacent to the revetment.  Lastly, in some locations along the shore, Spielvogel failed to compact the clay underneath the revetment to the permit specification. 


The Lake Michigan bluffs are very susceptible to erosion and difficult to stabilize with current erosion control measures.  The permitting process includes a strenuous review of plans and specifications and creation of permit conditions to help ensure that the final project will minimize additional bluff failures and not have a detrimental impact on the environment or neighboring properties. 


Assistant Attorney General Bradley J. Motl represented the State.  The stipulated judgment was approved by Ozaukee County Circuit Court Judge Paul V. Malloy on December 8, 2014.


Copies of the Civil Complaint, Judgment, and the Stipulation and Order for Judgment are available here.