Post by Admin on Sept 14, 2019 10:04:10 GMT -7
GLA Responds to Golmeyer Creek Federal Law Violations
Around July 20th, 2019 several Glastonbury Landowner's Association (GLA) Directors state to the Forum that they are not aware of any Golemeyer Creek excavation violations or GLA communications with government permitting agencies. Two Road Chairs, John Carp and Ken Hurley deny knowledge of violations or any communications, and suggest we talk to President Dennis Riley.
"There were no violations or Board communications with the agencies." GLA President Dennis Riley on July 25th, 2019.
"Dennis' ... statements are overall correct." Project Facilitator and GLA agent Walter Wunsch on July 26th, 2019
"Walter never told me there were violations." Dennis Riley on August 12th, 2019 explaining why he stated on July 25th that there were no violations or GLA Board communications with the government permitting agencies.
At the same August 12th GLA Board meeting, President Riley stated that the Forum published only lies and as such he never reads our articles. Then almost in the next breath he exclaimed "I can hardly wait until I read tomorrow what you wrote about me tonight."
On August 13th 2019 Regina Wunsch wrote: "Walter received the violation letter being the agent for the GLA. Walter contacted Dennis {GLA President Riley} regarding this, since Dennis is the legal applicant for the project and responsible for the reply. A three page detailed response was drafted which both Dennis and Walter signed. This was sent to Helena {Montana headquarters of the Army Corps of Engineers} via certified mail. Walter followed up via a phone call several days later and the chief engineer {Dylan Hickey} acknowledged receipt of the letter. A copy of this response to Helena, signed by Dennis and Walter, was also sent to the Park County agency." Regina Wunsch in response to a Forum email query.
"Oh, what a tangled web we weave...when first we practice to deceive. Sir Walter Scott in 1808 in his book Marmion
On December 4th, 2018 the Army Corps of Engineers sent Walter Wunsch via certified mail an official Notice of Violation Letter. They listed six spots along Golemeyer Creek that the GLA illegally excavated. The Corps stated that they had "no record of an 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 that were impacted, be provided to the Corps along with pertinent comments no later than January 21, 2019. The Corps also stated that punishment could include restoration work, fines, penalties and imprisonment. The Forum discovered that in a worst-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. From December 4th, 2018 to September 14th, 2019, a total of 284 days has elapsed. The maximum total fines to date would be fourteen million and two hundred thousand dollars. All landowners would be responsible for fines, restoration work, penalties, mitigation and legal costs.
The public record shows that the Glastonbury Landowner's Association (GLA) responded to the Army Corps of Engineer's request by email; not by certified mail as claimed by Regina Wunsch. On the day of the deadline at 3:57 p.m., Walter Wunsch while at his business SpecTec, on behalf of the GLA, emailed the official GLA Response Letter to Dylan Hickey at the Corps of Engineers. A copy was sent to Jessica Mayo at the Park County Conservation District and to GLA President Dennis Riley.
In the introductory email attached to the official GLA Response Letter, Wunsch starts by blaming the holidays for his tardy response. Then with a cryptic wink he states, "I do understand why you had to do what you did". Wunsch expresses hope that the Corps can adopt what he believes Park County's stance is, that all is well and then sign off on the inquiry. He concludes that it is the GLA's belief that no corrective action is needed and that all the work is done. Just in case the Corps sees things a little differently, Wunsch hedges his declaration by adding that, “The GLA will go the extra mile to bring this to rest". Then he invites the Corps to call Dennis Riley or himself. The introductory email is signed, “On Behalf of the GLA, Walter Wunsch CEO/Sales SpecTec.”
Download a copy of the introductory email and official GLA Response Letter here.
The Notice of Violations Letter from the Army Corps of Engineers reads like a precise and amicable, legal document. It itemizes specific violations of federal law, asks for more information and seeks a resolution. The official GLA Response Letter denies that they violated federal laws, and thus offers no solutions. The letter presents a confusing narrative that is often at odds with the facts, as justification for performing illegal work along Golemeyer Creek. Perversely, the GLA blames the Corps of Engineers for the illegal excavations and then goes on to portray the GLA as a victim of an unresponsive federal agency. Finally, the GLA summarily dismisses the Corps request for wetland information by stating "there was no wetland in the easement" implying none was disturbed.
The GLA Response Letter states that in April of 2018 severe flooding damaged Hercules Road and "made it almost impassable." According to the Response Letter the GLA then contacted the Army Corps of Engineers and was given "a verbal emergency OK" to add more areas to the original 310 Permit. The public record shows that flooding of Hercules started on April 24th. A 400-foot section of road by the Waterfall Property, parcel 98, was reduced to one lane. Water then flowed downhill, directly away from the areas that were later illegally excavated. Only Hercules Road adjacent to the waterfall Property, was damaged by the flooding. On May 2nd, 2018 Contractor Chad Standish excavated part of Golemeyer Creek on the Waterfall Property next to Hercules Road. The flooding immediately ceased and Hercules Road started to dry out. Repairs on the damaged section of Hercules Road did not begin until June 8th; 37 days after the flooding ceased.
The public record shows that the GLA did not contact the Army Corps of Engineers until June 8th, 2018. Then Walter Wunsch sent a series of high priority urgent emails to the Corps asking for permission to expand the 310 Permit to other areas. The Corps asked for photos which Wunsch provided and the Forum published. None of the photos shows any measurable damage to Hercules Road from Golemeyer Creek flooding. Most of the photos show Golemeyer Creek confined within its banks and 18 to 36 inches below the surface of Hercules Road. Only one photo documents a portion of the creek close to the level of Hercules. At point "E" a small flow is seen alongside a broken fence and a low-lying section of Hercules that borders a marsh. The stream is contained by the marsh, but the road, which lacks a proper base, was built almost level with the wetland. If the roadbed was simply raised 18 to 24 inches both the road and wetland could co-exist.
The GLA Response Letter claims that the Army Corps of Engineers gave the GLA "a verbal emergency OK" to perform additional work. This appears to be a false statement. In the December 4th, 2018 Notice of Violations Letter the Corps states that it has no record of granting permission for extra work on Golemeyer Creek.
The GLA Response Letter states that in April of 2018 severe flooding damaged Hercules Road and "made it almost impassable." According to the Response Letter the GLA then contacted the Army Corps of Engineers and was given "a verbal emergency OK" to add more areas to the original 310 Permit. The public record shows that flooding of Hercules started on April 24th. A 400-foot section of road by the Waterfall Property, parcel 98, was reduced to one lane. Water then flowed downhill, directly away from the areas that were later illegally excavated. Only Hercules Road adjacent to the waterfall Property, was damaged by the flooding. On May 2nd, 2018 Contractor Chad Standish excavated part of Golemeyer Creek on the Waterfall Property next to Hercules Road. The flooding immediately ceased and Hercules Road started to dry out. Repairs on the damaged section of Hercules Road did not begin until June 8th; 37 days after the flooding ceased.
The public record shows that the GLA did not contact the Army Corps of Engineers until June 8th, 2018. Then Walter Wunsch sent a series of high priority urgent emails to the Corps asking for permission to expand the 310 Permit to other areas. The Corps asked for photos which Wunsch provided and the Forum published. None of the photos shows any measurable damage to Hercules Road from Golemeyer Creek flooding. Most of the photos show Golemeyer Creek confined within its banks and 18 to 36 inches below the surface of Hercules Road. Only one photo documents a portion of the creek close to the level of Hercules. At point "E" a small flow is seen alongside a broken fence and a low-lying section of Hercules that borders a marsh. The stream is contained by the marsh, but the road, which lacks a proper base, was built almost level with the wetland. If the roadbed was simply raised 18 to 24 inches both the road and wetland could co-exist.
The GLA Response Letter claims that the Army Corps of Engineers gave the GLA "a verbal emergency OK" to perform additional work. This appears to be a false statement. In the December 4th, 2018 Notice of Violations Letter the Corps states that it has no record of granting permission for extra work on Golemeyer Creek.
On August 9th, 2018 at a GLA Road Committee meeting, Project Leader Walter Wunsch once again insisted that all the work was legal and that he was working on acquiring the needed permits. In the draft meeting minutes, it is stated under 2.a "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." This statement by the GLA Road Committee is false. All of the work allowed by the 310 Permit was completed in June 2018 as documented by the Forum. Additional illegal creek excavation work was planned at point "C", in August, but it was never completed.
The first public mention of the Corps giving "a verbal emergency OK" was on August 13th, 2018 at a GLA Board Meeting. Director Regina Wunsch explained that all of the work performed was legal. Her husband 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. She continued that "Walter will document the work and provide a report to the Corps which they are expected to approve."
The GLA Response Letter then goes on to say that the work they performed actually enhanced the health of Golemeyer Creek by "redirecting it into a true wetland area". The Corps does not seem to understand that the GLA is acting as a responsible steward of the land. Further allegations by the GLA that the Corps refused to return repeated phone call requests for assistance, creates the picture of the GLA as a victim of an unresponsive federal agency. The Corps routinely keeps written records of most phone conversations. This is especially true after a Violations Notice has been sent and litigation becomes a possibility. The Forum could only find one record of the GLA calling the Army Corps of Engineers. That was on December 6th, 2018 when Walter Wunsch telephoned Dylan Hickey regarding the Notice of Violations letter.
Several long-term residents the Forum spoke with characterized the Army Corps of Engineers as a "dark force" that was persecuting the GLA. They claimed that Glastonbury was "sacred ground" and the GLA had every right to excavate Golemeyer Creek to preserve Hercules Road. They contended that the GLA was performing work legally and was supported by most of the community. The GLA Response Letter lends validity to their claims by stating that when the GLA applied for a 310 Permit "it was greatly appreciated by all landowners". When asked why the Corps would "persecute" the GLA the long-term residents all agreed it was because Glastonbury was founded as a religious community by Church Universal and Triumphant.
Frequent comments concerning the Park County Conservation District are sprinkled throughout the letter. Jessica Mayo, the District Administrator is quoted as saying that she did not understand how the Army Corps of Engineers got involved. The GLA writes that during an inspection visit the Park County Conservation District found that "no violations were observed" and the GLA was "complimented about the work accomplished" when almost 50,000 square feet of illegal excavation was performed under a 310 Permit that only allowed for 800 square feet of stream bank work. According to the GLA, Jessica Mayo assured them that they "were not in violation" and that she would "get in touch with Helena," {the Army Corps of Engineer's office in Montana}, and that a letter absolving the GLA "should be forthcoming from her, as she finds time.” As of September 14th, 2019 the Forum has not found any evidence of the letter supposedly promised from Jessica Mayo.
In a complete inversion of authority the GLA blames the Army Corps of Engineers for the violations of federal law by stating, "We would not have conducted any remedial work...without your verbal approval." As stated earlier on June 26th, 2018 Walter Wunsch was 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 {Dylan Hickey} at the Corps of Engineers to add in areas that were recently excavated. He acknowledged that more permits may be needed. No mention was made that Dylan Hickey already gave him "verbal approval".
The GLA Response Letter concludes that no laws were violated and that "this matter should be closed." In a final inversion of authority the GLA with a yearly budget of approximately one hundred and forty thousand dollars invited representatives from the Army Corps of Engineers, which commands a yearly budget of just over four and one half billion dollars, "to visit and review matters on site with us" if they disagreed with the GLA's conclusion.
This is a ongoing story and the Forum will continue to follow it.