Need some help ASAP VERY duck related

BillS

BillS

Well-known member
We own 110ac on a state hwy in the heart of the prairie pothole region. About 50ac is in wetland easement with USFW the balance is in grass. The property is bordered on the north by a State HWY. As people that have been out her can attest pothole levels have been high for a number of years, when potholes get high enough the go over the roadways. 2 years ago when water was at its highest level, our large slough came up to the pavement on the road. Since that time it has receded about 3 ft. On the north side of the road is 160ac of federal Waterfowl Production area with about half in one large slough. During nesting season it is not uncommon for broods of ducks to walk across from one pond to the other. Probably a lot of other critters as well. Our property has no agri or development value and it is solely habitat and recreation. The adjacent WPA provides and large extension to our habitat and to me is invaluable.

On Monday we began fielding calls from construction companies about using some fill from our land. Come to find out they are raising the road grade 3ft, widening the road, filling .65ac of wetland on our slough and lining with rock riprap. To me this becomes a major barrier to wildlife crossing from one slough complex to the other. This is all being done within the road right of way but we have never been notified of the project. To us this impacts our property greatly, along with the wetland fill, the rip rap barrier, the project ends Oct 19th almost a month into hunting season. Our wetland complex can hold/roost thousands of ducks that I hunt on the neighboring fields. If it is not a roost then I hunt our sloughs a few times a week. With this large project going on all of this will be severely impacted.

They followed the NEPA process, and claim they posted a public notice. But I spoke with a neighboring land owner who has lived in town his whole life and he wasn't unaware of it as well. When I live in the town I spent no time in the dinner, didn't socialized with locals or read the paper and have had no knowledge of the project till Monday. The last 3 days on every break I have been on the phone talking to people to get answers and finally spoke to the project designer and after 30 minutes of not refusing to accept the project as is and vehemently concerned we were not notified of the project he has agreed to meet with me and has asked for our concerns to be written.

I have found alternatives to rock rip rap but don’t know much about them. I aware of the public trust doctrine as it relates to providing benefits from public property to be used by the public(ie WPA benefits us), but I don’t know much

I am looking for any ideas, help from experienced people, legal cases, alternatives, if we can ask for mitigation from loss of access to WPA habitat by improving ours, right away law, anything that I can bring to their attention and arm myself the best I can.

This really saddens me, we bought this property for 2 reasons and have revealed in the fact we give back to the ducks by providing habitat every year. One big sell to us was the neighboring WPA and its connectivity to our parcel.

Thank you
 
Sorry to hear that Bill. I personally don't know much that would help you but I wonder if the NRCS might be a resource to talk to.
 
Request that they put in wildlife crossing culverts or mini bridges.

They have become standard practice here in Florida since they always seem to be cutting through a marsh or wetlands.

Contact DU & Delta about putting in an easement or a WRP project.
 
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I would be talking to USFW about the easement first thing. Some sort of wildlife crossing would be of a benefit connecting you to the WPA. I would ask for mitigation of wetlands lost and I would ask for more than 1:1. Created wetlands do not function as well as natural wetlands. Maybe 3:1 or better. When the heavy equipment is in the area try to make the best use of it.
 
Have you tried contacting Ducks Unlimited or Delta Waterfowl? I'm sure that they'd have some sound management practices to recommend.
 
I have been trying to contact USFW and have heard nothing back yet. I will call DU tommorrow, and the ideas a great so far.

I am reading the Environmentall impact statement and it states NO PUBLIC MEETINGS OR INPUT WAS HELD. I am now plain angry!
 
As an adjacent landowner, the local US Army Corps of Engineers District should have required that you be notified when the responsible party applied for their Corps Wetlands Dredge & Fill Permit. That said, they may be conducting this under a Nationwide Permit and it may or may not include that condition.
Either way, USFWS and NRCS should be involved in some way. And your State DEQ/DEP should be involved from a Clean Water Act Certification standpoint. Write formal letters to all of them, including the agency conducting the project. If you don't put your concerns and objections in writing, they don't exist.

Last but not least, if they place on spoonful of dirt on your land or have a negative impact on your property you can consider it a takings or at least file a suit under a nuisance claim under Common Law.
 
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I've got a sure fire way to slow them down. Demand, don't request, an environmental impact statement. Also, contact your local Sierra club and other conservation agencies. They may not be big in South Dakota but it is worth the effort. I was also going to suggest DU but someone has already done so. Another thing to look into, are you being paid for the land in grass? If so, and if this project affect those acres, you can always go back to that agency who may have a say in what goes on on this land. Use the governemnt to your advantage. Get them fighting against each of the agencies involved here.

There are various levels of Environmental impact statements. These are not cheap to undertake and many times when faced with having to provide them, people back down from whatever they were planning to do.

Mark W
 
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