The Lake County Commission delayed action this week on a conditional use permit for a private campground on the southeast side of my beloved Lake Herman. Terry and Bev Timmer acquired Larry Dirks's land and proposed building a campground up the hill from the lake in 2012. Timmers have done the first phase, doing dirt work for 16 campsites and installing septic systems. They now seek a permit to move more dirt and add 20 campaign pads. But the county said hold your horses when the Department of Environment and Natural Resources said Timmers are in violation of their existing state General Permit for Storm Water Discharges Associated with Construction Activity.
Uff da—what's it take to get DENR to jump on a developer? Oh, maybe the developer getting cited for violations in July, ignoring the DENR's request for a report on fixing those violations, and leaving violations for the DENR to find still occurring in November?
That's the story that comes from the inspections conducted and letters sent to Terry Timmer by DENR water quality engineer Jill Riedel. During an inspection in early June, Riedel found dirt washing off the campground construction site onto adjoining land due to inadequate sediment controls. Timmers also appear not to have filed the Storm Water Pollution prevention Plan required by their construction permit. Riedel's July 24, 2014, letter documented those violations and asked for a response by August 4.
Riedel's November 14, 2014, letter indicates that Timmers never wrote back. The latter letter, with more bold type and "WARNING LETTER" printed at the top, includes a report from Riedel's November 7 inspection finding several violations unaddressed.
DENR expects a reply by November 26. To perhaps focus Timmers' attention, Riedel reminds them, in bold type, that "violations of the general permit can subject you to enforcement action, including penalties of up to $10,000 per day per violation."
$10,000 a day? If the construction site has been in violation for 108 days (let's be generous and just count from the day they were supposed to reply in August), that's over a million bucks DENR could ask for. (Yo! Governor Daugaard! Does the state have any lawyer bills it needs paid?) I don't know what Timmers plan to charge for a night of camping, but if they're going to compete with Lake Herman State Park just up the shore at $19 a night (and really, Timmers will need to charge less, since they offer no trails, less shade, less room for the kids to play, much less shoreline, and a harder to find gravel road for access), but it would take 36 campsites 1,579 days (15 summers!) to generate the revenue necessary to cover that bill.
Since Timmers won't have 36 campsites until the county approves their second conditional use permit, and since that approval won't happen until DENR is happy, maybe the Timmers need to stop disregarding environmental rules and pay more attention to their erosion controls and their paperwork.