HARTWICK SEMINARY - Dreams Park CEO Louis Presutti has agreed to fund the creation of new wetlands in an effort to avoid enforcement action by the U.S. Army Corps of Engineers for a violation of wetlands regulations that are part of the federal Clean Water Act..

In a fax message to the Corps' office in Albany Tuesday evening, Presutti stated that "...the Dreams Park has agreed to contribute substantial sums to non-profit agencies to be used to purchase, create and maintain wetland areas in Otsego County."

Corps' spokesman George Casey said Wednesday morning that his agency is currently considering the proposal, but had not finalized negotiations with the youth baseball camp.

"If we can reach a settlement, we do not need to proceed with the U.S. Attorney," he said.

Casey said the creation of new wetlands to offset those that had been filled is one method the agency uses to resolve violations.

Last week, the Corps notified the Cooperstown Dreams Park that it intended to refer a wetlands violation at the park to the U.S. Attorney's office to begin the process of initiating a civil action.

The action came following a failed attempt to resolve the matter outside of court.

Casey said Tuesday the violation involved Burdett Brook, which runs through the park, but he would not discuss details of the violation except that it involved the placement of fill material in the waters of the United States in an amount that required prior authorization from the Corps. The violation, he said, occurred over multiple years and was discovered during a site visit to the Dreams Park last November.

According to the Corps' letter, representatives of the federal agency met with Presutti and his staff in mid-July to discuss how the violation could be resolved. Almost two weeks later, Presutti sent a letter to the Corps outlining his proposal for resolution, but it did not satisfy the Corps.

"...the proposed plan set out in that letter does not adequately address the primary issues raised by this office, and would not constitute an appropriate basis for an agreement to settle the enforcement concerns of this office," the agency stated.

The letter went on to explain the Corps' intent to turn information over to the U.S. Attorney's office for enforcement action, but that action is now on hold.

In his fax Tuesday, Presutti stated that the Park was unaware of any alleged wetlands violation until November when agency representatives visited the park. They had, he wrote, complied with the site plan process established by the town of Hartwick.

"During each site plan review, the proposed construction activities were subjected to the state's environmental review process and each time a negative declaration was received. Our licensed engineer and the town's environmental legal counsel were likewise unaware at any time that any proposed construction activities would violate federal regulations administered by the Corps."

But the Dreams Park's most recent expansion plan, which includes construction of ten new clubhouses, four lighted ball fields, concession stand, storage and maintenance buildings, a bath house, an addition to existing clothing and souvenir center and an emergency access road to Route 28, was still under review at the time Presutti learned of the violation last November.

Concerns about wetlands violations were brought up by Otsego 2000 director Martha Frey during a public hearing on the expansion plan in February when the board approved the application.

Although he was aware of the violation during the review of his expansion plan, Presutti did not reveal to the town planning board that the Corps of Engineers found that fill had been placed in a wetland without prior authorization from the agency.

The Dreams Park CEO declined to comment beyond his faxed statement.