Question on Cost of Contested Case Hearing

Brian
Did you expect the cost to the lake district to be that much, and also what drove the pricetag so high?
Steve

Several factors are the cause for the final cost of the CCH proceedings;

* Parties opposed to the RKLD claimed their land would be flooded - RKLD needed to show no land above the OHWM would be "flowed;"

* DNR allied itself with a very narrow group with very narrowed interests;

* DNR did not examine our EIR with impartiality;

* Opinions from RKLD opposition were presented as facts;

* RKLD needed to react to claims of historical/archeological damage from RKLD;

* RKLD needed to react to claims of endangered plant species habitat;

* DNR focused exclusively on ecological aspects - ignored navigation/safety/public access;

* DNR introduced issues outside their authority, such as plant habitat above OHWM, and beyond navigable water;

* RKLD reviewed boxes of email messages between the DNR and parties opposed to RKLD;

* Public testimony revealed that the Carcajou Hunt Club had placed material below the OHWM without an application for a DNR permit;

* Public testimony revealed an illegal dyke/dam on the Thiebeau Hunt Club and DNR chose not to enforce its authority to regulate such a structure;

* DNR pulled testimony re: endangered orchids only after RKLD was forced to prepare data to respond during the CCH;

Those are just a handful of causes that drove RKLD legal/technical fees as high as they are. I am sure others will come to mind as we respond to other questions from the newspapers and the taxpaying public.