Residents raise development and drainage-law suit concerns; SWCD seeks grant support and follow-up on E. coli findings

Several members of the public addressed the Marshall County Drainage Board during the meeting’s public-comment period with concerns about local drainage planning, a pending lawsuit, and a proposed water-quality grant.

Construction near Bowser arm: Joe Stoler, of 3708 Creek Road in Bremen, told the board a zoning board had approved a construction company to build two large shops near the intersection of Fifth and Elm Roads. Stoler said the adjacent George Bowser arm is “broke down and very shallow” on one neighbor’s property and that new development could increase drainage burdens on existing landowners. County staff told Stoler the developer would be required to submit and receive county drainage-plan approval and that mitigation for runoff would be the developer’s responsibility, including new tile or slow-release measures, rather than relying on neighboring landowners to pay later assessments.

Pending lawsuit involving Myers Lake property: Rex Crump addressed the board on behalf of Calvin Montgomery and his wife, who have been served with a drainage-related lawsuit concerning runoff to a Myers Lake parcel. Crump said Montgomery is critically ill and unable to respond; meeting discussion advised that any defendant may appear pro se or seek local civil counsel. Staff suggested contacting the attorney listed on the complaint, Steven Snyder of Syracuse, as an initial courtesy and recommended Montgomery’s family contact local civil attorneys promptly; the complaint requires a response within a short deadline.

SWCD 319 planning grant and water-quality follow-up: Jody Overmeyer, representing the Marshall County Soil and Water Conservation District, said the district has filed a notice of intent to apply for a U.S. EPA Section 319 planning grant to study downstream portions of the Yellow River watershed and that the planning budget in the application is about $66,000. Overmeyer asked the drainage board for a letter of support. Overmeyer also asked the board to request a status report on previous work in the headwaters: she said an earlier planning study found E. coli contamination in the headwaters and that DNA testing reportedly identified human sources; she asked for clarity about subsequent engineering work and whether mitigation efforts are addressing the headwaters sources.

Board response and action: The board voted for staff (Craig Hall) to prepare a letter of support for the SWCD planning grant and to have the board president sign it. On the development and lawsuit questions, staff explained that county drainage-plan requirements attach to new development and that the county’s role is limited in ongoing private civil litigation; staff recommended Montgomery’s family contact a civil lawyer to respond to the complaint and suggested reaching out to the listed opposing counsel as a courtesy.

Ending: The board agreed to draft and sign the support letter and to follow up on inquiries about the headwaters study; members encouraged residents involved in litigation to seek civil counsel quickly because of short response deadlines.