Post by Admin on Aug 7, 2019 17:00:42 GMT -7
GLA Violates Federal Clean Water Act
Jail Time Possible and the total cost could be millions
Jail Time Possible and the total cost could be millions
It is now known that in June of 2018 the Glastonbury Landowner's Association (GLA) illegally excavated several spots along Golemeyer Creek in High South.
In October of 2017 GLA President Dennis Riley and Project Coordinator Walter Wunsch applied for permits from the Park County Conservation District and the Army Corps of Engineers. As the Forum noted in August of 2018 the permit form was not properly filled out and many details were left off. Answers were sometimes farcical such as "The creek will be happier" when asked about the natural resource benefits of the proposed project. The accompanying map was misleading; it listed Hercules road widths as 23 feet and the damage point as just 16 feet. When we measured Hercules road it was just 16 to 17 feet wide for the entire section depicted on the map. In hindsight, deception was obvious.
For over a year Walter Wunsch, President Dennis Riley and the GLA have insisted that everything was legal and the Board was just waiting for the Army Corps of Engineers to approve and sign off on the project. The Forum emailed probing questions to Wunsch, Riley and the GLA Board in August of 2018. We never received a reply. Meanwhile Riley and Wunsch kept up a steady chorus of "everything is okay" at 2018 Road Committee meetings. Wunsch stopped attending Road Committee meetings and dropped out of public view after December of 2018.
A trusted landowner has told the Forum that in December of 2018 Walter Wunsch paid him a visit. Wunsch talked about permit violations and asked the landowner that if this matter went to court would he testify in his defense? The landowner who was familiar with the permit violations replied that he would not lie for Wunsch. Wunsch left empty handed and has not contacted the landowner since.
As late as August 2019 the GLA Board denied any knowledge of permit violations. In July 2019 we asked every GLA Director if they knew of any permit violations. No one knew anything. When we asked the Board via the official GLA email we received a cryptic message that possible violations were not in the "purview" of the GLA Board and that we should contact Park County or file a formal complaint with the GLA Board.
On July 25th, 2019 the Forum went to a Road Committee meeting and asked GLA President Dennis Riley if there were any permit violations. President Riley repeatedly and emphatically stated "there were no violations or Board communications with the agencies". Road Committee chairman Ken Hurley nodded his head in agreement.
The Forum then contacted Project Coordinator Walter Wunsch by email and he replied on July 26th. We asked Wunsch "Could you please confirm whether you are in agreement with Dennis and the GLA Board regarding the absence of any violations?". Wunsch replied "Dennis and Ken's statement are overall correct.". He added "However...neither the GLA our[sic] Kathleen Ramp have received an official formal letter affirming the same.". A follow-up email to Wunsch from the Forum seeking clarification was ignored.
In late August of 2018 the Army Corps of Engineers paid a surprise visit and walked the Golemeyer Creek excavation site with Walter Wunsch. Together they went over the work completed and talked about wetland impact and what needed to be done. At a subsequent August Road Committee meeting Wunsch talked about how the walk and how the permit was "upgraded" to a 404 from a 310. He went on to explain that it was all just an innocent mistake and then in a sweeping act of possible remorse and generosity stated that his wife Regina and he would pay for everything.
On December 4th, 2018 the Army Corps of Engineers sent Walter Wunsch a certified letter that contained an official Notice of Violation. They listed six spots along Golemeyer Creek that the GLA illegally excavated. The Corps stated that they had no record of any authorization given for the work performed by Wunsch and the GLA. They ordered that no more work be done and that a map and description of wetlands impacted be provided to the Corps along with pertinent comments by January 21, 2019. The Corps also stated that punishment could include restoration work, fines, penalties and imprisonment. Further research by the Forum found that in a worse case scenario federal prison terms of up to three years may be possible for Wunsch and some GLA Directors. Fines max out at $50,000.00 per day. If a judge decided to impose the maximum fines from the time the violations were committed (395 days to August 7, 2019) the amount would be almost 20 million dollars. Judgement day may be a year or two off and the potential fines will increase daily.
On July 25th, 2019 the Forum went to a Road Committee meeting and asked GLA President Dennis Riley if there were any permit violations. President Riley repeatedly and emphatically stated "there were no violations or Board communications with the agencies". Road Committee chairman Ken Hurley nodded his head in agreement.
The Forum then contacted Project Coordinator Walter Wunsch by email and he replied on July 26th. We asked Wunsch "Could you please confirm whether you are in agreement with Dennis and the GLA Board regarding the absence of any violations?". Wunsch replied "Dennis and Ken's statement are overall correct.". He added "However...neither the GLA our[sic] Kathleen Ramp have received an official formal letter affirming the same.". A follow-up email to Wunsch from the Forum seeking clarification was ignored.
In late August of 2018 the Army Corps of Engineers paid a surprise visit and walked the Golemeyer Creek excavation site with Walter Wunsch. Together they went over the work completed and talked about wetland impact and what needed to be done. At a subsequent August Road Committee meeting Wunsch talked about how the walk and how the permit was "upgraded" to a 404 from a 310. He went on to explain that it was all just an innocent mistake and then in a sweeping act of possible remorse and generosity stated that his wife Regina and he would pay for everything.
On December 4th, 2018 the Army Corps of Engineers sent Walter Wunsch a certified letter that contained an official Notice of Violation. They listed six spots along Golemeyer Creek that the GLA illegally excavated. The Corps stated that they had no record of any authorization given for the work performed by Wunsch and the GLA. They ordered that no more work be done and that a map and description of wetlands impacted be provided to the Corps along with pertinent comments by January 21, 2019. The Corps also stated that punishment could include restoration work, fines, penalties and imprisonment. Further research by the Forum found that in a worse case scenario federal prison terms of up to three years may be possible for Wunsch and some GLA Directors. Fines max out at $50,000.00 per day. If a judge decided to impose the maximum fines from the time the violations were committed (395 days to August 7, 2019) the amount would be almost 20 million dollars. Judgement day may be a year or two off and the potential fines will increase daily.
Download the official Army Corps of Engineers December 4, 2018 Notice of Violation letter here.
The GLA will likely be required to restore Golemeyer Creek to it's pre-excavation condition. That could cost hundreds of thousands of dollars. The GLA and Wunsch may also face criminal and/or civil charges from Park County for possible Park Conservation District permit violations.
Whatever the fines, penalties and restoration work amounts to, landowners will have to pay for them. Most likely the GLA Board will request a special assessment. A twenty million dollar special assessment would come to just under $50,000.00 per parcel. Multiple parcel owners would have to pay $50,000.00 for each parcel they own.
Even if the fines are ultimately reduced to just 10% of the maximum amount every landowner would owe a minimum of $5,000.00 per parcel. Many may not be able to afford that and could be forced into bankruptcy or a quick sale of their property. All land values in Glastonbury would plummet as a result. Lawsuits against the GLA Board for negligence and breach of fiduciary duty will no doubt follow.
Even if the fines are ultimately reduced to just 10% of the maximum amount every landowner would owe a minimum of $5,000.00 per parcel. Many may not be able to afford that and could be forced into bankruptcy or a quick sale of their property. All land values in Glastonbury would plummet as a result. Lawsuits against the GLA Board for negligence and breach of fiduciary duty will no doubt follow.
If the GLA decides to fight the Army Corps of Engineers, attorney's fees could get quite expensive.
Many questions need to answered.
This is a continuing story and the Forum will have updates.
Please post your comments below.
Please post your comments below.