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Post by Admin on Aug 4, 2018 15:20:36 GMT -7
High South Road Work along Golmeyer Creek Were Federal and State Laws Violated?
In early fall 2017, a High South landowner informed the Glastonbury Landowners Association(GLA) Road Committee that Golmeyer Creek was eroding Hercules Road. Committee member Tim Brockett inspected the area, and confirmed that the creek was slowly eroding ground five to six feet from the gravel edge of Hercules Road. Committee member Walter Wunsch and Chairman Dennis Riley agreed to contact federal, state, and county authorities to seek permission to repair the creek bank and stop the erosion. Wunsch contacted the Army Corps of Engineers and provided them with the below hand-drawn map, a Google map, and a general description of the problem. The Corps responded on November 6th, 2017, with a letter that granted Wunsch permission to repair the damage. A misleading map depicting Hercules Road widths and damage areas Drawn by Walter Wunsch on October 5th, 2017
Though generally accurate, the submitted map was misleading. It showed the width of Hercules Road, before and after damage area "A-A", as 23 feet. Damage area "A-A," is depicted as just 16 feet wide, which implies that, seven feet of road width have washed away. On August 4th, 2018, the Forum measured the width of Hercules Road at the points on the above map where 23 feet is marked. The measurement from one gravel edge to the other gravel edge was just 16 feet. This width was consistent with the width of Hercules Road for over 500 feet from area "A-A.”
In December of 2017, Tim Brockett placed green "T" posts with bright orange ribbons on the edge of the eroded bank at damage area "A-A". At that time, the bank was 5 to 6 feet away from the nearest gravel edge of Hercules Road. In the spring of 2018, the "T" posts were still in place, as the slowly eroding bank of the creek had not yet toppled them. They remained in place until removed by Chad Standishs’ crews when they dredged a new channel for Golmeyer Creek, and substantially widened Hercules Road from 16 to 23 feet at point "A-A" in June of 2018.
Army Corps of Engineers November 6th, 2017 Approval Letter to Walter Wunsch
The Army Corps of Engineer's approval letter gave permission to repair two damaged areas, marked as points "A-A" and "B", on Wunsch's hand-drawn map. The Corps allowed for a 100-foot long by 5 foot wide area to be worked on at point "A-A", and for a 100 foot by 3 foot wide area at point "B". The Corps expected that the impacted land area would be no more than 800 square feet. The Corps also reminded Wunsch that specific rules regarding NWP 3 permits must be followed and "strongly" urged him to provide his contractor with a copy of the permit and enclosed NWP 3 guidelines. The letter made it clear that Walter Wunsch was personally responsible for all work performed by the contractor. The Glastonbury Landowners Association (GLA) was not listed nor mentioned in the signed permit authorization letter.
Walter Wunsch and GLA President Dennis Riley also filed for a Montana Department of Natural Resources (DNRC) 310 Permit from the Park County Conservation District. In that permit, they promised to limit the work to specific terms and conditions via check boxes. Wunsch and Riley stated that they would only be doing road maintenance and stream bank stabilization. Boxes left unchecked were channel alteration, dredging, wetland alteration, placement of fill, debris removal, and diversion dam choices.
The misstated purpose of the project was that the road had narrowed due to erosion. The project dimensions, were listed as extending Hercules just 10 to 20 feet along the road, and as much into the stream floodplain. Under materials, Wunsch and Riley expected to use just 25 cubic yards of dirt, gravel, and rocks, sourced from neighbors. As a reference, a small dump truck usually holds 10 cubic yards of material.
When asked about equipment, both Wunsch and Riley responded by stating that a backhoe was all they needed. After completing the required application form for the 310 Permit, both Walter Wunsch and GLA President Dennis Riley swore that their statements were true and correct by means of their signatures and date of execution. You may download their 310 permit application and attachments here.
The Army Corps of Engineers approval letter, the 310 application, the hand drawn maps and many other supporting documents were NOT shared with the GLA Road committee, GLA Board members nor landowners. If they were, the work later performed might never have happened. The Forum obtained the documents with a federal Freedom of Information act request.
Why are permits needed?
Many state and federal laws safeguard natural resources and regulate work in streams, along their banks and floodplains. The Montana 310 laws require that any work must be approved by state agencies. Work done that is not included in the permit or done without filing for a permit is a misdemeanor. The county attorney can arrest violators and seek to have the damage corrected via the court system. For an overview of agencies involved in stream permitting click here.
The Forum carefully documented and analyzed the work authorized by Wunsch, Riley and the Glastonbury Landowners Association(GLA). The work described on the permits was vastly understated and misleading. A dam was built across Golmeyer Creek, channels and wetlands were filled in, dredging and excavation were widespread. Both the creek and adjacent land was severally and perhaps irreparably scarred. Work was performed without permits and the existing permits were disregarded. Almost 50,000 square feet of land was impacted yet the permits only allowed for 800 square feet of land to be worked upon. But that is our view of the facts.
The Forum contacted Regina Wunsch, wife of Walter Wunsch and she gave us a different point of view. In a August 14th email Regina said "Walter says that when he got the permit from the DEQ he was told that because of the scope of the project he had to deal with the Army Corps of Engineers not the DEQ from that point on. The Corps encompassed all of the agencies responsible for this kind of work." At an August 13th 2018 GLA Board meeting Director Regina Wunsch stated that Walter had a verbal agreement with the Army Corp of Engineers that allowed the GLA to perform work where needed along Golmeyer Creek. When the work was completed Walter would create a report that carefully documented the work and the Army Corps of Engineers would sign off on it.
Extensive work on private property was done by the GLA. Separate time cards and invoices were not kept and landowners were not billed for the work performed. We asked Regina Wunsch about work done on her property and if she was billed for it. She replied "Regarding the work on our property, there was work done on our property, but not for our benefit. It was for the benefit of the GLA." Regina continued "Had we refused to channel all of the water onto our land and left the easement channel open, the GLA would have been responsible for any water damage and possible erosion to the road from the easement creek channel and probably would have had to apply for another DEQ permit in the future."
Regina added "As it stands since the ground was still too wet to spread out the dirt when the easement channel was plugged up and rerouted into the overflow channel on our property, we will pay someone to fix the "landscaping" so we can reseed if necessary. We will also be building a berm, if needed, should there be flooding that encroaches on the easement."
Only a court of law can determine guilt or innocence. The Forum's responsibility is to present the facts as we uncovered them and inform the public. It was landowner's assessment money that paid for this project that was carried out by volunteers and the elected officials of the Glastonbury Landowner's Association. You have a right to know how your money was spent and what it purchased.
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Post by Admin on Aug 4, 2018 16:58:18 GMT -7
Golmeyer Creek Work on point "A-A" On June 12th 2018, work began on the banks of Golmeyer Creek. Massive earth moving equipment rolled into High South Glastonbury. Two full sized excavators, a 10-yard dump truck, a Volvo front end loader, a 772 John Deere grader and a Ingersoll Rand 150 road compacter were used, instead of a simple backhoe. The Forum photographed work in progress on June 14th, 2018. We took more photos in early August 2018. The amount of work far exceeded what was in the Army Corps of Engineers approval letter, and also what was proposed on the Montana DNRC 310 Permit application. A full sized John Deere excavator on Hercules Road at point "A-A" Note the hydraulic fluid leak on the excavator bucket that was used to dredge the creek
At point "A-A" on Hercules Road, a new channel for Golmeyer Creek was cut. The old channel that flowed close to the road was buried with dirt and rocks 3 feet deep, and a 35-foot wide embankment was created. The edge to edge gravel width of Hercules went from 16 to 23 feet. In the photo below, a large dump truck and trailer sits on the new embankment. The new stream channel is to the right, and widened Hercules Road is to the left. The Montana DNRC 310 permit did not include permission to alter the stream channel, dredge the stream or build a dam. It limited work to a simple back-hoe and allowed for the deposition of just 25 cubic yards of local clean fill. From point "A-A" on, the conditions of the DNRC 310 permit were grossly violated. Golemeyer Creek gets a new channel and Hercules road is widened The Army Corps gave approval for an area of 500 square feet, (or 100 feet by 5 feet) wide swath along the creek, to be worked on. On August 4th, the Forum carefully measured the areas worked on at point "A-A". The creek dredging and new channel work stretched for 280 feet, with an average width of 30 feet to Hercules road. An excavator drove across the creek and worked from the far side, digging a new channel. That compacted and impacted another 10-foot swath of land that was 200 feet long. The total area affected by the creek work on the stream, or east side of Hercules, was 10,400 square feet. Like the DNRC 310 permit the terms of the Army Corps of Engineer's permit were also grossly violated.
Golemeyer Creek's new channel at point "A-A" Across Hercules Road, dirt and rocks were dug from the hillside. The scarred area runs for 270 feet and has an average width of 18 feet. That adds another 4,860 square feet affected by work in area "A-A", and brings the total to 15,260 square feet. That is over 30 times what the Army Corp of Engineers approved.
As of August 4th, 2018, neither the denuded hillside nor the creek area was reseeded. Noxious weeds were moving in and sprouting. Steeply cut stream banks were eroding and collapsing into the creek. Silt was being washed away and small sandbars dotted the stream bed. Ditches along the denuded hillside were filling with dirt and rocks from erosion.
260 feet of a denuded hillside at point "A-A" On June 8th, 2018, four days before Golmeyer Creek was getting a new channel at point "A-A", Hercules Road, near Polaris Way, was being excavated to a depth of three feet; the wet soil was replaced with angular volcanic ash rock donated by Donna and Jeff Riederer. Spring flooding created boils in the road. In area "A-A", several truckloads of Hercules Road soil were dumped along Golmeyer creek as fill. Unfortunately, automobile oil, anti-freeze, grease, diesel fuel and even gasoline contaminates roadbed soils. In addition, tiny particles of tire dust and bits of radial tire steel belts accumulate in dirt and gravel roadbeds. Just 5 vehicle round trips per day on the 20 year old section of excavated Hercules Road totals 73,000 vehicle passes. When used for creek bank restoration the accumulated toxins can leach and erode into Golmeyer Creek and will eventually reach the Yellowstone River.
We noticed many patches of new plastic weed cloth poking up through fill material along Golmeyer Creek. It appears that weed barrier cloth was laid down extensively along the creek and then covered with dirt and rocks. As the plastic cloth breaks down it can leach toxins into the water and even be ingested by aquatic animals in Golmeyer Creek and downstream in the Yellowstone River.
Contaminated road dirt and toxic plastic weed cloth along Golemeyer Creek A dam was built across Golmeyer Creek at point "A-A" and water was directed into an older stream bed. The blocked channel was then covered with toxic weed barrier cloth and contaminated soil from Hercules road excavation work. A dam for Golemeyer Creek at point "A-A". The old channel to the left was filled in with contaminated dirt.
A Volvo front end loader and Ingersoll roller/compacter on Hercules Road near point "A-A"
Walter Wunsch and Dennis Riley are educated and accomplished individuals. Dennis Riley listed on his spring 2018 election bio that he graduated with a BS in Business Administration and served as a Senior Director for both Oracle and Sybase. He won the 2018 spring GLA election with an impressive plurality of votes. Then the GLA Board honored him by voting to have him continue as their president until the next election.
Walter Wunsch moved to Glastonbury when it was an exclusive Church Universal and Triumphant (CUT) community. His combined experience as a GLA Board director and Road Committee member spans decades. Wunsch built a highly successful business, Thunderbird International dba SpecTec, located in Glastonbury that according to Dan Kehoe Jr and Manta.com, employees 20 to 49 people and has annual revenues of 2.5 to 5 million dollars. Wunsch also serves on Governor Bullock's "Main Street Montana" project, is on the Bozeman Symphony Board of Directors and is a frequent financial supporter of the arts.
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Post by Admin on Aug 4, 2018 20:15:57 GMT -7
An Unpleasant Surprise on the Way to Point "B" On August 4th, 2018 the Forum walked up Hercules Road from point "A-A" towards Polaris Way and was surprised to find another area along Golmeyer Creek that was filled in with debris and partially dredged. This area was not listed in the Army Corps of Engineers or Montana DNRC 310 Permit. It started with a pile of large boulders pushed over the road edge and ended about 230 feet later. For a distance of 87 feet, the roadside was widened by about 20 feet, where boulders and fill were dumped. This dirt and cobble fill continued on for another 150 feet, but was only 3 feet wide. In all, about 2,190 square feet of land was disturbed.
Boulders freshly placed along Hercules road and Golmeyer creek After the boulder field, Golmeyer Creek again turns back towards Hercules Road, where it was dredged for about 60 linear feet. The debris was deposited on the already steep roadside embankment. Rip-rap - football sized boulders - would have made a more stable bank, than the existing dirt and cobbles. Thistle and other noxious weeds were starting to grow on the loose and eroding embankment. At this point, the width of Hercules Road, from gravel edge to gravel edge, was 16 feet.
The distance between the far side of the creek and the road was 20 feet. At this location, 1,200 square feet of land was disturbed.
Unauthorized dredging of Golmeyer creek Damages from Dredging Could Irreparably Harm Golmeyer Creek and the Yellowstone River
In its natural state, Golmeyer Creek conserves water, protects the environment, and provides a home for many aquatic animals. Normally the creek is about 18 to 24 inches wide and equally as deep. The sides of the creek are nearly vertical and cut through layers of silt and peat. Golmeyer Creek is a perennial stream that experiences wide swings in water flow, from spring snow melt to the dry days of late summer. Excess water in spring spreads over wide and absorbent floodplains. A thick layer of lush green vegetation covers most of the creek throughout the hot, dry summer and greatly reduces water loss from evaporation. Cold, clear water usually flows steadily and swiftly under the thick cover of protective grasses and reeds, even in late August.
Dredging removes the protective cover of lush vegetation, and destroys the near vertical creek walls. The creek bed then widens, and water depth and flow rate are greatly reduced. Freshly cut stream banks easily erode if not protected with rip-rap or quickly replanted with native vegetation. The powerful summer sun dries the banks and warms the shallow water. More water is lost through evaporation. Bank erosion muddies the shallow warm water and reduces oxygen levels for aquatic creatures. Algae blooms flourish in the sun-warmed water, reducing oxygen levels even more. Aggressive and fast growing weeds can quickly spread in disturbed soil, replacing the former grasses that protected the creek. It is even possible that some sections of Golmeyer Creek could dry up entirely due to dredging.
 Golmeyer Creek - Point "B"
A fragile oasis in a high mountain desert landscape
Walking upstream and on Hercules Road, the Forum quickly arrived at point "B," as noted on Walter Wunsch's hand-drawn map. The Army Corps of Engineers specifically allowed a 100 foot long by 3 foot wide section of Hercules Road, to be rebuilt with rock rip-rap. The gravel-to-gravel edge, width of the road was 17 feet, slightly wider than 200 feet down the road, and in fine shape. The erosive waters of Golmeyer Creek had never touched it.
A 120 foot long and 10 foot wide section of hillside on the opposite side of the road, was stripped of topsoil, vegatation and cobbles. Golmeyer Creek was dredged for a distance of about 60 feet. The dredging material and debris from the denuded hillside were deposited in between Hercules Road and Golmeyer Creek. The new bank was 90 feet long and 20 feet wide. The newly created creek bed was 36 inches wide, and the slowly flowing water was just 1 to 3 inches deep. No rip-rap was placed on the bank; the dirt and cobble bank was visibly eroding into Golmeyer Creek.
The denuded hillside comprised 1,200 square feet of disturbed land, while the creek dredging and new embankment added 1,860 square feet, for a total of 3,060 square feet of altered landscape.
Denuded hillside - Point "B"
Eroding dirt and rocks are filling and overwhelming the roadside ditches
Golmeyer Creek excavation work began on Tuesday June 12th, 2018. The areas that the Army Corps of Engineers and the Montana DNRC permits gave permission to work on were finished when work on point "B" was completed. Both permits were violated once work went beyond their scope which happened at both points "A-A" and "B". Unauthorized work was done at another point between "A-A" and "B". Unauthorized dredging and excavation work continued along Golmeyer Creek up to June 25th, 2018.
In the draft meeting minutes under 2.a for the GLA Road Committee meeting of August 9th, 2018 it is stated "Goldmeyer Creek: The area has dried out, and work can be completed as specified in the 310 permit. Upon completion the Army Corps of Engineers will sign off".
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Post by Admin on Aug 5, 2018 9:27:31 GMT -7
Walter Wunsch Requests That More GLA Work be Allowed on Golmeyer Creek On Friday June 8th, 2018, in a series of high priority emails, Project Leader Walter Wunsch sent photos of four more sections of Golmeyer Creek that he believed needed work approved by the Army Corps of Engineers. He described the work in an urgent email to Dylan Hickey, the Army Corps Regulatory Project Manager, as similar to the "A-A" and "B" locations, though not as severe. Wunsch also noted that location "F" required that the creek be re-channeled away from the road. Wunsch referenced an earlier phone conversation he had with Mr. Hickey, and requested that damage points "C", "D", "E", and "F", be added onto the original permit. He signed the email "On Behalf of the GLA," "Thanks and Best Regards, Walter Wunsch.”
Also on Friday June 8th, 2018 Chad Standish started to work on flood damaged Hercules Road across from the "Waterfall" private property in High South. Two full sized excavators, a large Volvo loader, two dump trucks and a road grader were stationed on Hercules Road. Standish was busy excavating Hercules Road and replacing the wet, contaminated dirt with donated angular rock. He dumped many loads of Hercules dirt along Golmeyer Creek on the Waterfall property, parcel 98, owned by Kathleen Ramp. Other loads were taken to point "A-A" and used to fill in a section of Golmeyer Creek. Hercules is 22 feet wide at this point and the road was excavated 3 feet down and for 240 linear feet. Approximately 587 cubic yards of contaminated dirt were removed from Hercules Road.
From Wunsch's emails with the Army Corps it is clear that he understands that permits are required for further work and that he speaks for the GLA Board. The Forum could not locate any additional permits from the Army Corp for the damage areas Wunsch specified. Nor could the Forum locate any additional DNRC 310 permits which would also have been required. Each of the permits would have taken a minimum of 14 days to acquire and more likely a month or two. However just four days later on Tuesday June 12th, 2018 dredging and excavating work started on Golmeyer Creek at points "D", "E" and "F" and the Waterfall private property.
At a GLA Road Committee meeting two weeks later on Tuesday June 26, 2018, Wunsch was asked about the completed work along Golmeyer Creek, and if it was legal. Wunsch replied that he was trying to convince his contact at the Army Corps of Engineers to add the extra work areas into the original permit. He also acknowledged that he might have to file for more permits. Several GLA Board members including President and South Glastonbury Road Chair Dennis Riley were present. Not one director questioned Wunsch's explanation or comments.
The four new work areas Wunsch, Riley and the GLA Board wanted included in the original Army Corps permit are listed on the below Google map Wunsch emailed to the Army Corp of Engineers on June 8, 2018. It did not seem to occur to anyone that permits are required BEFORE work begins and NOT after the work was completed. They are granted as permission to start a project NOT as approval once the project is done. Why Wunsch, Riley and the GLA Board chose to violate federal and state laws by working without required permits remains an unanswered question.
A Google map depicting four new excavation points; "C", "D", "E" and "F" plus the original "A-A" and "B" points Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
Points "A-A", "B", and "C", are on the right side of the above map. Points "D" and "E", are correct, and "F" is at the very left side and marked with just a teardrop. Latitude and longitude coordinates are under teardrops "A" to "E". Another point we will call "C-2", is not shown on the map, but is located about halfway between points "C" and "D", on Hercules Road.
Not shown on the above Google map is the Waterfall property, parcel 97 and 98 in High South Glastonbury, and privately owned by Kathleen Ramp. It was her responsibility to gather permits for Golmeyer Creek work on her property from both the Army Corps of Engineers and the Montana Department of Natural Resources and Conservation (DNRC). It was water coming from Golmeyer Creek on her property that flooded and caused substantial damage to Hercules Road in late April and early May of 2018.
Point "C" on Hercules Road
Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
Point "C" was skipped over for dredging and excavation. Although close to the road edge Golmeyer Creek sits about 15 inches below the surface of Hercules Road and no erosion of the road bed has occurred. The area around the stream is a healthy and even in mid-August, a soggy wetland. |
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Post by Admin on Aug 5, 2018 11:04:33 GMT -7
Point "C-2" on Golmeyer Creek along Hercules Road Point "C-2" before excavation - looking upstream
Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
In the above photo, Golmeyer Creek is below the surface of Hercules Road and flowing peacefully through a lush green glade. There is no threat to the road and no damage to the road.
Nevertheless, this area was excavated and dredged. The photos below show the same area on June 14th, and August 4th, 2018, respectively. By August Golmeyer Creek has dried up and weeds are sprouting from the creek bed. A total of 186 feet of the creek was dredged and widened. The original creek bed was 18 to 24 inches wide. The new bed is 36 to 72 inches wide and only a few inches deep. The old channel was filled in and the new channel sits about 8 feet away from the road. The average distance from the gravel road edge to the far side of the new creek bed is 11 feet. The total area of construction was about 2,046 square feet.
Point "C-2" after excavation. Photographed on June 14th, 2018
Looking downstream
Point "C-2" after excavation. Photographed on August 4th, 2018
Looking upstream
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Post by Admin on Aug 5, 2018 11:19:12 GMT -7
Point "D" on Golmeyer Creek along Hercules Road Point "D", is on property owned by Walter Wunsch behind his SpecTec factory complex. As seen in the photo below, Golmeyer Creek is flowing close to Hercules Road; it is at a level below the surface of the road. No erosion of the road has taken place. The stream is healthy, with lush green vegetation surrounding it. Note the log rail fence in the upper left hand corner of the photo as it will help as a location pointer in below photos.
Point "D" before excavation Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
Here is the same area after the stream bed was filled in, and moved away from the road. This photo was taken on August 4th, 2018. The hillside was gouged out and the new stream bed rests beneath a steeply cut bank. The old stream bed was filled in, and then covered over. Measurements show 183 feet of the creek was excavated, with an average width of 12 feet, between the road and new creekbed's far edge. A total of 2,196 square feet of pristine creek land was damaged.
Point "D" after excavation |
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Post by Admin on Aug 5, 2018 12:02:18 GMT -7
Point "E" on Golmeyer Creek along Hercules Road Point "E" is also located on property owned by Walter Wunsch behind his SpecTec factory complex. At point "E" this spring Golmeyer creek moved in it's floodplain and started to follow the shallow ditch on the side of Hercules. Previously it followed a meandering course in the meadow behind Wunsh's broken down log rail fence. At one point the water dampened but did not severally damage the low spot on the road seen in the middle right side of the above photo. A road engineer suggested that we build a small, 18 inch tall berm alongside the ditch and adjacent to the fence. He explained that would keep the water in the floodplain and meadow and away from the road.
Point "E" before excavation Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
A berm was built but it went alongside the newly dredged Golmeyer creek channel and extended almost 300 feet into Wunsch's private property. The old channel was filled in. The beginning of the berm was built from rock donated by Donna and Jeff Riederer for use on Hercules Road. The rest was constructed from creek dredged spoils. Golmeyer creek was dredged for 260 feet on Wunsch's property and probably would have been dredged further except the ground was too wet to support a full sized excavator. The new creek bed is 3 to 6 feet wide and just a few inches deep. Algae blooms were spotted on August 4th and the water felt quite warm. Excavator tracks were visible in the meadow.
The new berm does not allow spring flood waters to fill the meadow and slowly get absorbed by the rich and previously porous soil. Instead the water is forced into a channel too narrow for maximum flows and too wide for minimal flows. The soft and newly cut banks have already started to erode. Excavator track imprints on August 4th, 2018 at Point "E"
The excavator tracks have compacted wetland soil and made it more difficult for it to absorb flood waters.
The total square footage of land disturbed by work at point "E" was about 5,200 square feet. New rock berm and Golmeyer Creek channel at point "E" after excavation Easements - What Property Can The GLA Legally Work On? The Glastonbury Landowners Association (GLA) holds easements for many but not all roads in Glastonbury. An easement is simply a legal right. The GLA does not actually own any roads. The property Glastonbury roads sit on is usually owned by adjacent property owners. The GLA easement gives the GLA the right to plow and maintain the road. The easement is generally limited to a 60 foot band of property; 30 feet from the center of the road in each direction. The easement boundaries are marked on Park County platt maps and with green T posts on the side of the road.
The Golmeyer Creek work has gone beyond 30 feet from the center of Hercules in several spots. It ventured well into privately owned property at point "A-A" and again at point "E". The bill for 310 permit work sent from contractor Chad Standish to the GLA Treasurer Regina Wunsch included work done on private property. Separate time cards apparently were not kept for private property work. The Forum could not locate separate invoices for private property work nor billings to the affected private landowners.
The Wunschs "donated" $1,000.00 to the GLA for work all landowners paid for via assessments in constructing the Wunsch's berm and digging a new channel for Golmeyer creek on Wunsch's property. The $1,000.00 figure was arrived at by negotiation between Walter Wunsch and his wife Regina, the GLA Treasurer, at the June 26th, 2018 GLA Road Committee meeting. The subject came up because the Golmeyer creek 310 work was 25% over budget and pressure was on the GLA treasurer to find some extra money to pay the contractor's bill.
On August 7th, 2018 the Forum asked Walter Wunsch, Dennis Riley, the GLA Board and the current GLA Road Committee specific questions regarding Golmeyer Creek work. We asked about time cards and invoices for private property work and if landowner's gave written permission for the GLA to work on their property. We explained that we "wanted to be fair to everyone and present a balanced article". We asked for comments as well. To date no one has responded and our questions remain unanswered.
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Post by Admin on Aug 5, 2018 13:44:28 GMT -7
Point "F" on Golmeyer Creek along Hercules Road Point "F" is also located on property owned by Walter Wunsch. It is behind and to one side of his SpecTec factory. At point "F" the creek runs along the side of the road and two to three feet below the height of Hercules. Once again the road was not damaged by the creek this spring yet was included on Wunsch's excavation request of June 8th, 2018 to the Army Corp of Engineers.
Point "F" before excavation - downstream view
Submitted by Walter Wunsch to the Army Corp of Engineers on June 8th, 2018
Golmeyer creek was filled in along the road and a new channel was dug further back towards the steep hillside. The new channel is 200 feet long. The distance from the far edge of the new bed to the road is on average 25 feet wide. The total area of land disturbed is 5,000 square feet.
By August 1st when the below photo was taken Golmeyer creek flow was reduced to a trickle. Excavator track imprints remained fresh in the compacted soil for months and weeds were sprouting everywhere. No effort was made to reseed. The creek walls were eroding and the stream was warm, shallow and slow moving.
A few hundred feet up Hercules Road Golmeyer Creek passes under the road as it flows away from the spectacular "Waterfall" property. So named because the creek comes rushing out of a deep canyon and cascades over a 30 foot ledge to a floodplain below. That private property owned by Kathleen Ramp was also excavated and the creek was re-channeled.
Point "F" after excavation - upstream view
Heading upstream, point "F" is the last spot on the left side of Hercules Road to be excavated and dredged by the GLA Board. We will visit the Waterfall property next which was the cause of severe Hercules Road flooding and damage in April and May of 2018. Dredging, excavation and fill work was performed privately on the waterfall property in May and June. A small portion of the work was allowed by a DNRC 310 permit. Most of the work appears to have been done outside that permit. The Forum could not locate any permit from the Army Corps of Engineers allowing work on the Waterfall property. |
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Post by Admin on Aug 5, 2018 15:44:15 GMT -7
The Waterfall Property on Golmeyer Creek along Hercules Road The “waterfall property” was named after the spectacular waterfall that plunges 30 feet onto the wide floodplain that borders Hercules Road on parcels 97 and 98 in High South Glastonbury that are owned by Kathleen Ramp. Upper Hercules Road past Polaris Way was never properly designed, or constructed, so it sits lower than the floodplain and butts against a steep hill. At spring snow melt time floodwaters often flow out of the plain onto Hercules Road, and down towards Polaris and Scorpio Ways. They recross Hercules Road just before Polaris Way and drain into the seasonal lake abutting Scorpio Way. The lake normally derives its water from the hills surrounding Scorpio Way and stretching into Mountain Sky Ranch. In the springtime the entire plain is crowded with wildlife.
A well and hand water pump sit near Golmeyer Creek as does a large pile of scrap pressure treated wood and a rusting, twisted and crushed steel culvert. A blue-grey storage shed sits next to the lake as does an old and rotting pile of harvested trees. A gate on Hercules Road opens to a weed infested and muddy set of tire tracks that leads to the well and pump. No houses, trailers, garages or human dwellings of any kind exist on the property.
Originally there was talk of Church Universal and Triumphant creating a park with a warming shed, skating rink and more on the land. That never happened and the land was sold to Ramp. She sub-divided it and wanted to build hunting cabins. Then the 2006 Big Creek fire destroyed the adjoining Forest Service land Elk habitat and incinerated much of the forest on her land. In 2018 parcels 97 and 98 are a home for just wildlife and many animals, large and small, frequent the area.
In 2008, a culvert was installed just underneath Scorpio Way to help drain some of the seasonal floodwater. Permits may have been required but people familiar with the work could not not recall if any applications were filed. The existing culvert was not installed at an adequate depth for the conditions, nor was it of sufficient diameter to handle the intense seasonal water flow. In April of 2018, Golmeyer Creek floodwaters, once again, descended from Ramp's property on to Hercules Road, and completely overwhelmed the single undersized culvert. Large boils formed in the road and passage was difficult for several weeks. The roadbed was saturated with floodwater for a length of 240 feet. On June 8th and 11th, 2018 the saturated road was excavated.
Golmeyer Creek shoots from a narrow canyon and plunges 30 feet to a wide floodplain
Photo taken in the spring of 2015
An engineer inspected the flooding problem and stated that a larger diameter culvert needed to be installed a little deeper under Scorpio Way. He also said that a small 18 to 24 inch tall berm should be built alongside the parcel 98 easement line and property fence on Hercules Road. The berm would contain the water in the floodplain and still allow excess lake water to flow through the enlarged Scorpio Way culvert. Golmeyer Creek floodwater would then flow under Hercules Road via the existing and adequate Golmeyer Creek culvert.
Waterfall property at flood stage on April 24th, 2018
Golmeyer Creek does not normally contribute water to the lake in the background
A lake has formed in the background. Winter snow has yet to completely melt, and Golmeyer Creek is flowing over its banks, seen from right to left in the photo above. A circular well pump housing, a well pipe, and a hand water pump, all serve as location markers. They sit on a natural berm that is about a foot higher than the waters of Golmeyer Creek. The berm prevents Golmeyer Creek water from flowing into the lake. Creek water can only reach the lake by traversing Hercules Road.
Note how the deep and narrow primary Golmeyer Creek channel hugs the edge of the natural berm. This channel was partially excavated and filled in when work started again on June 8th, 2018. An undersized and overwhelmed culvert just under Scorpio Way
The culvert under Scorpio Way should have been bigger and buried deeper when it was installed in 2008. The backed up floodwaters seeped under, and flowed over, Hercules Road. Parts of the road naturally deteriorated as erosion set in, and the inadequate road base simply turned to mud. Large boils formed, and the road was severally damaged. Water also flowed from natural, seasonal springs at the base of the hill on the other side of Hercules on property owned by Walter Wunsch. The water filled the roadside ditch and created a long, deep and narrow lake that flowed over and severally eroded Hercules Road by Polaris Way. The engineer noted that the ditch lacked an outflow culvert and suggested that one be installed under Hercules Road by Polaris Way. That work has yet to be considered and approved by the Road Committee and GLA Board.
Damage on Hercules Road due to flood waters coming from private property owned by Kathleen Ramp and Walter Wunsch
The GLA Road Committee debated several solutions at their May 3rd, 2018 meeting at GLA President Dennis Riley's home. Committee member Walter Wunsch insisted that Golmeyer Creek needed to be dredged on the waterfall private property. He stated that the property owner, Kathleen Ramp, spoke with him, and that an "Emergency Order" was issued which allowed her to immediately excavate Golmeyer Creek.
On April 26th, 2018 Kathleen Ramp was advised by email that water coming from her property was flooding and damaging Hercules Road. Ramp hired Chad Standish to remove the fresh sediment that created the stream blockage. The dredged dirt was piled against scraps of jack fencing on May 2nd, 2018. Almost overnight the flooding ceased and excess Golemeyer Creek water was flowing under Hercules Road through the Golmeyer Creek culvert.
On May 13th Kathleen Ramp signed an Emergency Notice which was filed with the Montana DNRC describing the situation and actions she took. The DNRC visited and inspected the site on May 29th, 2018. They issued a 310 permit on June 5th, 2018 that required Ramp to clean up the excavator damage from the May 2nd dredging by Chad Standish. She was told that work could commence no earlier than June 19th, 2018. Ramp agreed to the permit terms by signing and dating the permit on June 19th, 2018.
On June 8th and 11th, 2018 Chad Standish started and completed excavating Hercules Road in front of Ramp's property. Many loads of contaminated Hercules Road soil were deposited along side Golmeyer Creek on Ramp's property. About 100 feet of Golmeyer Creek was excavated and filled in. Weed cloth was spread on the natural berm that is adjacent to the creek. Then contaminated Hercules Road excavation spoils and dirt from Golmeyer Creek excavation were used to build a new private driveway for Kathleen Ramp. The driveway butted against Golmeyer Creek and in some spots filled in adjoining wetlands.
Rock donated by Donna and Jeff Riederer was used to build a driveway entrance onto Hercules Road. A driveway application was not submitted to the GLA Project Review Committee, as required by Glastonbury Covenants, nor did the driveway adhere to Glastonbury standards. It lacked a culvert along Hercules Road and now acts as a dam, blocking the natural flow of water through ditches on the side of Hercules Road. No mention of the driveway was made in the DNRC 310 permit issued to the GLA. The Forum could not locate a permit from the Army Corps of Engineers for this project.
Large piles of excavated dirt form a 250 foot line alongside Golmeyer creek on the Waterfall property Photo taken on June 14th, 2018
Golmeyer Creek's channel was filled in and widened along the new private driveway Photographed on August 9th, 2018
A new private driveway is created on top of a natural berm.
Wetlands were covered and the stream channel was filled and widened.
Photo taken on August 1st, 2018
The private driveway stretches 263 feet from Hercules road to the well and is 28 feet wide
It sits about 30 inches above the floodplain and directly on top of a Montana stream easement
At a GLA Board meeting, the Forum asked if Kathleen Ramp would be charged for the damage done to Hercules Road, caused by water originating from her property. Director and Treasurer Regina Wunsch said, “No”. She explained that the undersized culvert on Scorpio Way was the real problem and that had nothing to do with Ramp. The Forum did not bother to ask if Wunsch was willing to pay for the damage to Hercules Road from water that flowed from their property.
It is not clear, if Ramp paid for the driveway work and concurrent stream alteration, or if the GLA, via landowner assessments, paid for the work. Work done by Chad Standish on Wunsch's private property was billed to the GLA via his 310 Permit invoice on June 15th, 2018. Ramp's work may have been included in the June 2018 South Glastonbury "Soft Spots" invoice for $10,135.00.
Golmeyer creek's new channel sits about 30 inches below the private driveway
The new channel and banks for Golmeyer Creek are similar to all the others created along Hercules Road. The channel is wide and shallow; the banks are steep and eroding. The excavation begins where Golmeyer Creek suddenly transitions from a narrow and deep stream to a wide and shallow creek.
The private driveway was constructed on top of the 20-foot easement that the State of Montana holds for all streams in Montana.
The private driveway stretches 263 feet from Hercules Road to the well and is 28 feet wide. A work area adjacent to the driveway is 250 feet long and 28 feet wide. The new channel of Golmeyer Creek is about 100 feet long and 4 feet wide. The total area impacted by creek work on the waterfall property is about 14,764 square feet.
Standish road and creek work in High South Glastonbury ended on June 25th, 2018. The total square footage of land impacted by Golmeyer Creek work was 49,716 square feet; over 62 times what the original Army Corps of Engineer's permit authorized. Extensive work was done on private property and no time cards nor invoices billed directly to the respective landowners could be located. Copies of additional permits required for the extensive work done could not be located either. The total bill for Golmeyer Creek work and Hercules "soft spots" work came to $ 22,733.20. The Wunschs "donated" $1,000.00 to the GLA for dredging, excavation and building a permanent berm along Golmeyer Creek on their property.
At the August 9th, 2018 Road and Weed meeting Project Leader Walter Wunsch was still insisting that everything done was legal and that he was still working on getting the required permits. Not one GLA director present dissented from his views.
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Post by Admin on Aug 12, 2018 11:13:33 GMT -7
Golmeyer Creek - Timeline of Events
- Early Fall 2017 - GLA Road Committee is notified that Golmeyer Creek is eroding Hercules Road in High South Glastonbury.
- October 2017 - Road Committee members Walter Wunsch and GLA President Dennis Riley research and file for needed permits.
- November 2017 - Permits are approved by the Army Corps of Engineers and Montana Department of Natural Resources and Conservation(DNRC).
- April 24th, 2018 - Golmeyer Creek overflows its banks on the Waterfall property owned by Kathleen Ramp. Hercules Road in High South Glastonbury is severally damaged.
- April 26th, 2018 - Kathleen Ramp is notified that water from her property is flooding and damaging a GLA road; Hercules.
- May 2nd, 2018 - Chad Standish, hired by Ramp, dredges part of Golmeyer Creek on her property and the water level drops dramatically.
- May 13th, 2018 - Ramp signs an "Emergency Notice" as required by Montana law and files it with the DNRC.
- May 29th, 2018 - The Montana DNRC receives the notice and inspects Ramp's property and dredging.
- June 5th, 2018 - The Montana DNRC issues a 310 permit to Ramp and requires that she clean up the excavator work. They give her permission to start work on or after June 19th, 2018. Ramp agrees by signing and dating the permit on June 19th.
- June 8th, 2018 - Chad Standish starts to excavate Hercules Road in front of Ramp's property. He finishes on June 11th, 2018. Many loads of contaminated Hercules road spoils are dumped on Ramp's property along Golmeyer Creek. Part of the creek is filled in and widened. Wetlands are also covered over as a new private driveway is built.
- June 8th, 2018 - Walter Wunsch speaking for the GLA Board send a series of urgent, high priority emails to the Army Corps of Engineers requesting that four more areas along Golmeyer Creek be added to the existing permit.
- June 12th, 2018 - Chad Standish begins work at point "A-A" along Golmeyer Creek. Contaminated Hercules Road soil is used to fill in a newly dammed creek channel.
- June 13th and June 15th - Areas including private property along and in Golmeyer Creek that were not included in the original Army Corps and Montana DNRC permits are excavated.
- June 25th, 2018 - Chad Standish finishes work along Golmeyer Creek in High South Glastonbury.
- June 26th, 2018 - Walter Wunsch is asked at a GLA Road Committee meeting if the work along Golmeyer Creek was "legal". He replied that he was trying to convince his contact at the Corps of Engineers to add in areas that were recently excavated. He acknowledged that more permits may be needed.
- June 26th, 2018 - At the same meeting Regina Wunsch, the GLA Treasurer offers to "donate" $1,000.00 to cover the extensive work done on Golmeyer Creek on the Wunsch's property and billed to the GLA. In an August 14th 2018 email Regina Wunsch explained that the donation was not for work performed on their property. It was simply a donation because the 310 permit work was over budget. No payment was required from her or Walter Wunsch because the work the GLA paid for on their property, benefits the GLA; not the Wunschs.
- August 7th, 2018 - The Forums emails specific questions to the GLA Board, President Dennis Riley, Project Leader Walter Wunsch and the current Road Committee. No response is received.
- August 9th, 2018 - At a GLA Road Committee meeting Project Leader Walter Wunsch once again insists that all of the work was legal and that he is working on acquiring the needed permits. In the draft meeting minutes under 2.a it is stated "Goldmeyer Creek: The area has dried out, and work can be completed as specified in the 310 permit. Upon completion the Army Corps of Engineers will sign off".
- August 13th, 2018 - GLA Board Meeting. Regina Wunsch offers her viewpoint and explains that all of the work performed was legal. Walter had a verbal agreement with the Army Corps of Engineers that superseded Montana agencies and allowed the GLA to excavate Golmeyer Creek as needed. Walter will document the work and provide a report to the Corps which they are expected to approve.
- August 15th, 2018 - On August 13th, 2018 the Forum emailed several questions to Chad Standish of Standish Excavation. He was the contractor the Glastonbury Landowners Association(GLA) used for all of the Golmeyer Creek work. Chad confirmed to us that he received a copy of the Army Corps of Engineers permit and construction guidelines. He also received a copy of the Montana DNRC 310 permit. Chad also told us that the GLA instructed him to deposit Hercules Road spoils onto Kathleen Ramp's property and build a berm/driveway there. He also stated that the GLA asked him to build a berm and dredge Golmeyer Creek on Walter Wunsch's property. Chad concluded our questions by saying that all of the Golmeyer Creek "work was completed and approved by DEQ, ARMY CORP, and DNRC and GLA".
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Post by Rick_333 on Aug 21, 2018 20:45:51 GMT -7
Thanks for a detailed and informative article. It took a long time to read and I liked it. I live in Glastonbury and like to hike in High South. I drove and walked along Golmeyer Creek yesterday and the damage is even worse than in your photos. I want to see this area restored to the natural beauty it had before all the digging. I read the permits you published and they only allowed for two small areas to be dug. I counted seven dug up spots. I sent a letter to the Army Corps of Engineers and the Montana Department of Natural Resources and Conservation asking them to inspect this area and get it restored. I took the addresses from the permit links you provided. They are:
Department of the Army
Corps of Engineers, Omaha District
Helena Regulatory Office
10 West 15th Street
Suite 2200
Helena, MT 59626
I included the permit reference # NWO-2017-01818MTH so they could locate the permit.
I also wrote a letter to:
Jessica Anderson
Park Conservation District
5242 Hwy 89 South
Livingston, MT 59047
From past experience I know that letters are appreciated and will be responded to. I hope other readers send letters also.
Thanks for doing the research and letting us know what is going on in Glastonbury.
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