Developer Spanked by D.E.P.

"It sounds like they're going to get serious," said Bob Keir, co-chairman of Communities First!, a group that opposed the development long before the landslide. "I'm just surprised that the developer is taking the whole hit here. Wal-Mart owns half the property." (Trib - Karen Roebuck)

For its part, "Wal-Mart strongly urges Kilbuck Properties to comply with the requests made by the (DEP) in this order. These actions work toward the same goals as Wal-Mart's -- stabilizing the property and ensuring future safety of the surrounding area. "

The order is not limited to the fine -- $470,000, the maximum allowable under law -- but also will put D.E.P. regulators all up in the developer's grill from here on out.

Kilbuck Properties continues not to answer their phone.

"Major, Multiple Deficiencies"

"If a developer is not submitting the proper reports to the state it's alarming," Mr. Davis said. "When the state says you're deficient, you're not holding up your end of the bargain, and that's not a good business decision."

This Mr. Davis is a Wal-Mart spokesperson. He spoke with Don Hopey of the P-G regarding state D.E.P. threats of "follow-up actions" against ASC Development and Kilbuck Properties LP, who have failed to provide sufficient engineering data and stabilize the site near Rt. 65. The developers have yet to respond to these warnings. Sections of the property continue to move about a foot a month.

Snow won't help.

"I'm not confident they're going to be that aggressive against them, because they haven't been that aggressive with them in the past. They've allowed them to self-police until recently." says Bob Keir of Communities First!, according to the Trib's Karen Roebuck.