Contact: Cathy Rofshus, 507-206-2608
Austin, Minn. -- Mower County has agreed to donate 33.1 acres of land adjacent to the Cedar River to the Minnesota Department of Natural Resources (DNR) in lieu of paying a $31,000 penalty for alleged stormwater violations during a ditch repair project. The agreement is between the county, its contractor, Freeborn Construction Inc. of Albert Lea, and the Minnesota Pollution Control Agency (MPCA), which issues and oversees stormwater permits for construction projects.
Stormwater is rain that runs off the land and other hard surfaces, carrying soil and other pollutants to streams, lakes and rivers.
The alleged violations occurred in 2005-2006 when the county, through its contractor, Freeborn Construction, repaired Judicial Ditch 1 in Bennington Township. The project encompassed five miles of the drainage ditch, including a two-mile section known as the South Branch of the Root River. The MPCA lists the river as impaired for turbidity, meaning that sediment (soil) and other particles make the water too cloudy to meet state water quality standards. The South Branch is considered the headwaters of the larger Root River, a high-quality recreational river in southeastern Minnesota. The river's watershed is part of the Governor's Clean Water Initiative pilot project in Minnesota.
A state permit authorized tree removal and clearing in the ditch. The alleged violations center on the lack of cover on exposed slopes of the ditch, allowing soil to erode into the stream during rainfall. The MPCA had advised the county of the need to stabilize the slopes before issuing the project permit.
Under the agreement with the MPCA, Mower County and Freeborn Construction agreed to pay a $31,000 penalty total. In lieu of the payment, the county and contractor proposed the donation of 33.1 acres of land, adjacent to the Cedar River, to the DNR.
The MPCA uses stipulation agreements to achieve compliance with environmental laws. When calculating penalties, the agency takes into account the seriousness of the violation, its effect on the environment and the violator's enforcement history.
If Mower County and Freeborn Construction fail to comply with the agreement, they face additional penalties.
