He built a dam on a creek without a federal permit, required by the Clean Water Act according to the EPA interpretation.
>Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities)<
From the EPA letter of violation:
>On October 11,2012, the United States Army Corps of Engineers (Corps) conducted an inspection of the Site and confirmed that Respondent or persons acting on his behalf had discharged or allowed the discharge of approximately 12 cubic yards of dredged and fill material below the ordinary high water mark of Six Mile Creek during construction of a darn. The work resulted in filling an approximately 40-foot reach of the creek and inundation of an approximately 745-foot reach.<
This goes hand-in-hand with the EPA claiming jurisdiction over non-navigable intermittent streams and ditches. A federal judge just blocked them, but the EPA states that it will continue to enforce it in states that don’t sue to stop it. (WTF?)
Downstream neighbors likely complained about it and it escalated from there.