HARTWICK SEMINARY — The U.S. Army Corps of Engineers has accepted a settlement offer from Cooperstown Dreams Park CEO Louis Presutti in regard to a wetlands violation which occurred at the park.

According to George Casey, a geologist and regulatory specialist at the Corps of Engineers' Albany office, Presutti has agreed to make a voluntary $250,000 donation to the Nature Conservancy for the preservation, creation or maintenance of wetlands.

Casey said the amount was proposed by Presutti, but there had been an earlier discussion about what amount might be appropriate.

On Tuesday, Mark King, director of protection program of the Eastern New York Chapter of the Nature Conservancy, said the environmental group has been approached by the Army Corps on this matter.

The Nature Conservancy, which has two local parcels, the Emmons Pond Bog, a 150-acre site in Davenport, and Lordsland, an 80-acre site in Roseboom, has yet to decide on a parcel, King said.

"Typically we work with other groups such as land trusts in situations like this to find an appropriate property," King said.

Jeff Reynolds, executive director of the Otsego County Land Trust, said his group also has been approached and is considering various parcels.

"We do want to help, and this would certainly be in line with our mission," Reynolds said.

The Land Trust holds 33 conservation easements, representing about 3,400 acres, he said.

Although the Dreams Park proposal is related to a wetland violation, the land trust might consider applying the money toward acquiring an easement to an upland, as well as a wetland, Reynolds said.

"The health of a wetland is tied closely to the health of an upland, so we would consider both," he said.

King said the Army Corps usually wants it to be applied to preserving a wetland near where the violation occurred, in this case, the town of Hartwick.

Casey said the violation was "substantial" and involved Burdett Brook, which runs through the park. Approximately five acres of wetlands was filled without authorization from the Corps of Engineers. The violation, he said, occurred over multiple years and was discovered during a site visit to the Dreams Park last November.

In an earlier statement, Presutti said that they were 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. The town of Hartwick's list of involved agencies requiring notice of planned construction did not include the Corps until early 2004."

Casey said Wednesday that Presutti has proposed making the $250,000 payment by November 1. Once the payment is made, the fill will be authorized.

He said it is the agency's opinion that the proposed environmental benefit project is in the best interest of the people of the United States.

Casey added that Presutti had been cooperative and worked with the Corps of Engineers to reach an amicable settlement.