Wis. AG resolves wetlands issue

By Bryan Cohen | May 9, 2011

Van Hollen

FOND DU LAC, Wis. (Legal Newsline) - Wisconsin Attorney General J.B. Van Hollen announced on Monday that his office resolved a civil environmental prosecution brought against a Fond du Lac County landowner and contractor.

Landowner Stan Johnson and contractor Mark Shultz allegedly violated wetland protection laws on Johnson's Fond du Lac County property. The complaint alleged that Johnson and Schultz dredged a pond and placed dredged spoils in .65 acres of wetland on the 30-acre parcel of hunting land almost completely classified as wetlands.

In addition, the complaint alleged that Schultz hauled in and placed crushed rock in wetlands on Johnson's property to make a driveway to the pond.

It is illegal in Wisconsin to place or dump dredged spoils, rock or other fill in wetlands without first obtaining authorization from the DNR in the form of a certification that the activity will comply with the state's water quality standards for wetlands. Johnson and Schultz allegedly did not apply for or receive this authorization.

Johnson worked with the DNR to remove the allegedly illegal fill and retained an environmental consultant to develop a monitoring and restoration plan for the property. Johnson agreed to pay $7,500 in penalties, costs and surcharges and agreed to pay an added $7,500 if he failed to fulfill his agreement to document the restoration monitoring annually over the next four years. Schultz agreed to pay $5,000 in penalties, costs and surcharges.

"For the protection of Wisconsin citizens and our natural environment, the Wisconsin Department of Justice will continue to work with DNR to ensure that Wisconsin's wetland protection laws are followed," Van Hollen said.

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