WHEELING, W.Va – After a January mudslide closed Heritage Trail and sent debris into Big Wheeling Creek, the West Virginia Department of Environmental Protection has issued the landowner an order to clean it up.

The property's owner, Dick Dlesk of Dlesk Realty and Investments, told NEWS9 that he believes several orders for compliance issued by the DEP are going to be suspended. He even debated whether the land that slipped is in fact his property at all.

DEP “findings of fact” state that Dlesk did not get a permit to reconstruct or stabilize this large slip - which must be done for land projects exceeding one acre.

The findings also stated that conditions were created that are "not allowable in water of the state” -- specifically, the material from that mudslide that blocked the natural flow of water in Big Wheeling Creek, causing sediment to be deposited downstream.

"You don't want mud or debris getting into a creek because it does affect the water quality, it will affect the aquatic life in that," said Kathy Cosco of the DEP.

The order for compliance states that Dlesk needs to immediately install stormwater and sediment control to prevent downstream deposits, cease further development of that area until proper permits are obtained and submit a proposal for corrective action including details of the process and dates.

"Eventually, with rainfall, even if it's nowhere near a creek immediately, over time with rainfall, it can end up in a stream. And that's really our primary concern, making sure that mud and sediment don't end up in the waters of the state," said Cosco.

Dlesk even said that his engineers are searching for what could be an abandoned mine on this property.

"Pending what we find related to that, hopefully we can proceed with whatever cleanup needs to be done," said Cosco.

Dlesk reiterated that he doesn't believe any of the work he's done caused this slip and said he's submitted papers to the DEP stating just that.

Regardless, Dlesk said he'll do whatever it takes to help the DEP get the issue resolved.