DODGE COUNTY DRAINAGE DISTRICT 88 SETTLEMENT AGREEMENT WHEREAS, the undersigned Petitioners are owners of land in Dodge County, Wisconsin, who filed a Petition to Organize Drainage District 88 Pursuant to Section 88.27, Dodge County Case No. 09-CV-795 (the Petition ); and WHEREAS, the Dodge County Drainage Board (the Drainage Board ) held a hearing on said Petition pursuant to Wis. Stats. 88.29, and filed a report with the Dodge County Circuit Court as provided in Wis. Stat. 88.32; and WHEREAS, the Lake Sinissippi Improvement District (the Lake District) filed a Notice of Appearance and Objection to the establishment of Drainage District 88 (the District ) as prayed for in the Petition; and WHEREAS the undersigned parties desire to enter into an agreement for the withdrawal of all objections to the Petition; NOW, THEREFORE, in consideration of the Petitioners and the Drainage Board s agreement to the following, the Lake District hereby withdraw its objection to the Petition. I. Montgomery/Settersten Water Quality Management Plan A. District Facilities 1. Notwithstanding Wis. Stats. 88.35(2), drainage ditches, tile lines and grassed waterways shall be laid out as proposed in Figure 1 of the Montgomery/Settersten Plan, copy attached, and constructed to ATCP 48 and NRCS standards. The Drainage Board and Petitioners hereby acknowledge and agree that laying out the District drains and associated facilities according to the Montgomery/Settersten Plan will best promote the public health and welfare and drain and protect lands of the interested parties with the least damage and greatest benefit to all of the affect lands. 2. All District ditches and grassed waterways shall have a minimum of 20 perennial grass buffers on each side of the ditch or waterway centerline. Ditches shall be graded and buffers designed and graded consistent with good engineering practice and NRCS standards. 3. All culverts within the District shall be maintained with adequate erosion protection. 1
B. Private Facilities 1. The Drainage Board shall ensure that proposed grassed waterways and critical area stabilization practices are constructed as proposed in Figure 1, attached, subject to final design according to NRCS and state standards. Tile lines and private drainage ditches, whether from agricultural or nonagricultural lands, shall be designed, constructed and maintained according to ATCP 48 and NRCS standards to prevent soil erosion, and to minimize the movement of suspended solids into district drains. 2. All non-cropped wetland within the District shall be maintained in perennial vegetative cover. II. Inspection, Maintenance and Repair 1. The Drainage Board shall inspect District and private facilities according to the inspection obligations set forth in sec. ATCP 48.14 of the Code. The Drainage Board Shall: a. Inspect all District drains, tile lines, culverts and all private drain outlets and Critical Area stabilization facilities within the District on an annual basis to determine: (i) whether District and private facilities are being maintained pursuant to the Montgomery/Settersten Plan; (ii) whether and to what extent sedimentation has occurred in District drains and ditches; (iii) whether the cross-sections or grade profiles of District drains have degraded significantly from formally established crosssections and profiles; and (iv) whether any drains should be repaired or restored to ensure proper drainage or to reduce soil erosion and sedimentation; b. Inspect District ditches, tiles and corridors, after any storm event exceeding 4.6 of rainfall in a 24-hour period to determine the nature and extent of any storm damage and to determine whether repairs are necessary; c. Prepare a written report of all annual and post-storm event inspections, including finings related to all of the items listed under sub. (b), and identifying and making recommendations for addressing any problems, violations and deficiencies; d. Control the growth of invasive and woody vegetation in District ditches to ensure effective drainage and access for inspections and maintenance. 2
2. The Drainage Board shall present every annual inspection report at a public meeting pursuant to sc. ATCP 48.14(3). At the meeting, the Drainage Board shall present a plan for addressing any problems, violations and deficiencies identified in the annual inspection report. The Board agrees to add the Lake Sinissippi Improvement District to the list of interested parties for purposes of notice. 3. The Drainage Board shall authorize its contractor to undertake the repair or restoration of any District facilities identified in the Drainage Board s plan under sub. (2), and the restoration of any District or private facilities damaged by a storm event unidentified after inspection pursuant to sub. (1)(c). Such repair shall be commenced as directed by he Drainage Board in its discretion, after consideration of all relevant factors including crops, weather, etc.. 4. The Drainage Board hereby acknowledges it authority pursuant to ss. ATCP 48.30(5) and (6) of the Code to require private drains to be constructed and maintained to prevent soil erosion and minimize the movement of suspended solids, and to require landowners to implement appropriate erosion control practices. The Drainage Board acknowledges and agrees that it shall reasonably exercise its authority to do any of the following if the owner does not comply: 1. Refuse to permit any connection between the private drain and the district drain. 2. Order the private drain be modified to comply with ch. ATCP 48 of the Code and this Agreement. 3. Order that the private drain be disconnected from the district drain. 5. Pursuant to sc. ATCP 48.02(4), assess the owner of the private drain for construction costs incurred by the drainage district because the private drain does not comply with ch. ATCP 48. 6. The drainage Board and the Petitioners, for themselves, their heirs, successors and assigns, acknowledge that this agreement imposes certain duties upon the Drainage Board, and that the Lake District may enforce noncompliance with this agreement by any available judicial remedy including mandamus, and hereby waive any and all affirmative defenses based on standing. 7. The forgoing remain the obligations of the Petitioners and the Drainage Board, and this Agreement shall inure to the benefit of the Lake District, for as long as Dodge County Drainage District No. 88 shall remain in existence. 3
Dated this day of, 2011. Dennis Giese, By: Attorney Mark Hazelbaker Lake Sinissippi Improvement District, By: Attorney Mary Beth Peranteau Department of Natural Resources, By: Attorney Edwina Kavanaugh Dodge County Antigue Power Club, By: Attorney Todd Snow Dodge County Drainage Board, By: Attorney Joseph G. Sciascia Petitioners: Butterbrodt Trust, By: John Butterbrodt, Trustee 4
John Ganske John Meylink Kenneth Woock Violet Hanefeld Ryan Kittel Neal Stippich Randall Woock Marion Barsch Alvin Venhuizen Karl Schmitt 5
DRAWN BY CHECKED BY RJM wa y MONTGOMERY ASSOCIATES: RESOURCE SOLUTIONS, LLC 119 South Main Street Cottage Grove, WI 53527 (608) 839-4422 www.ma-rs.org DYL at DRAINAGE DISTRICT 88 2010 Aerial Photo Water Quality Management Plan er W Gras d se Drainage Ditch with 20-Foot Buffer Gr as s e d Wat e rway Gr as d se Town of Burnett Dodge County, WI h Tile ay wit W Grassed W a terw a te rw ay w ith e Til. 0 250 500 Drainage District 88 Boundary Outside of Drainage District 88 Dodge County Parcels WDNR Wisconsin Wetland Inventory Facilities Maintained by Drainage District 88 Grassed Waterway Drainage Ditch with 20-Foot Buffer SCALE 1,000 Feet 1 inch = 1,000 feet Facilities Maintained Privately Proposed Grassed Waterway/ Critical Area Stabilization PROJECT NO. 1517 Grassed Waterway with Tile DATE Aug 25, 2011 3 SHEET NO. Main Map Projection: Dodge County Coordinate System Locator Map Not to Scale Aerial Photo: 2010 NAIP