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Parcel 006-1045-90-300 02/0512008 08:59 AM
PAGE 1 OF 1
Alt. Parcel 21.31.16.317A-30 006 - TOWN OF CYLON
ST. CROIX COUNTY, WISCONSIN
Current X
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type
10/13/2005 00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - JOHNSON, MICHAEL
MICHAEL JOHNSON C - JOHNSON, GARY W
GARY W JOHNSON
2232 205TH AVE
DEER PARK WI 54007
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description * 2236 205TH AVE
SC 3962 NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 6.000 Plat: 5088-CS -5088 006-05
SEC 21 T31 N R1 6W PT SE NW CSM 20-5088 Block/Condo Bldg: LOT 003
LOT 3
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
21-31N-16W SE NW
Notes: Parcel History:
Date Doc # Vol/Page Type
10/13/2005 809266 20/5088 CSM
03/31/2005 790944 2774/421 A WD
07/23/1997 977/190 WD
07/23/1997 633/194 LC
2008 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/07/2007
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 6.000 50,000 0 50,000 NO
Totals for 2008:
General Property 6.000 50,000 0 50,0000
Woodland 0.000 0
Totals for 2007:
General Property 6.000 50,000 0 50,0000
Woodland 0.000 0
Lottery Credit: Claim Count: 0 Certification Date: Batch
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
NORMAN J. REISS, and 3 4/
JUDITH L. RIESS, ORDER
Plaintiffs,
f
QPR
11
VS. e
~xr a~~c2008 Case No.: 07 CV 639
GARY W. JOHNSON, and
MICHAEL S. JOHNSON,
Defendants.
PROCEDURAL BACKGROUND
The plaintiffs, Norman and Judith Reiss, commenced this action for adverse
possession against Gary Johnson and Michael Johnson on July 18, 2007. In summary,
Norman and Judith Reiss own the SW 1/4 of the NW1/4 and the NEIA of the NW1/4 of
section 21, township 31 north, range 16 west, located in the Town of Cylon, St. Croix
County. Gary Johnson and Michael Johnson own Lots 1, 2 and 3 located in the SEI/4 of
the NW 1/4 of section 21, township 31 north, range 16 west, located in the Town of
Cylon, St. Croix County.
The Reiss properties are located west and north of the Johnson properties.
Norman and Judith Reiss claim that they, together with their predecessors in interest,
have possessed a portion of the Johnson property in excess of 20 years. The Johnson
denied that claim.
On October 11, 2007, the plaintiffs filed a motion for summary judgment. In
support of the motion, an affidavit of Norman J. Reiss was filed. In his affidavit, Norman
Reiss stated that he and his wife purchased their property in April of 1992. At that time
there existed a fence which they and their predecessors in interest believed to be the
property lines. The fence encroached approximately 20 feet into the west side of the
Johnson property and approximately 4 feet into the north side of the Johnson property.
Mr. Reiss further stated that he knew the fence had existed since the 1940's since he had
farmed this property with his father since the 1940's. Mr. Reiss further stated that the
Johnsons had purchased their property in 2005 and had the property surveyed. Mr. Reiss
was informed that the survey determined the actual lot lines were about 20 west of the
fence and approximately 4 feet north of the fence.
On November 15, 2007, Gary Johnson filed an affidavit in which he stated that he
and his son acquired their property in March of 2005. The prior owners of the property
refused to survey the property so the Johnsons hired a surveyor to survey the property for
them that was recorded in October of 2005. The affidavit went on to say that Mr. Reiss
inquired about the survey stakes and that in November of 2006, Mr. Johnson received a
letter from Mr. Reiss stating that the "property lines are the original fence lines NOT the
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111111 IIIII IIIII Illll ill!! IIIII IIII !1111! Ili! III
* 8 7 6 1 1 8 8
876718
DEEDS
H. WALSH
DO-~UMENTNUMBER COVERPAGE REEGISTE RGISTER R OF
DEEDS
ST. CROIX CO., WI
RECEIVED FOR RECORD
06/13/2008 12:50PM
ORDER
EXEMPT q
REC FEE: 25.00
CC FEE: 10.00
PAGES: B
RECORDING AREA S
NAME AND RE I URN AUDKESS
NORMAN AND JUDITH REISS
360 South Street West
Deer Park, WI 54007
PARCEL IDENTIFICAj-ION NUMBEfS PjN1 _
006-1045-90-100;006-1045-90-200
006-1045-90-300;006-1045-60-000
006-1045-80-000
1 of 8
recent survey stakes you have put on our property." Subsequently, the Johnsons received
a letter from Atty. Brose stating that his clients, Norman and Judith Reiss, owned the land
up to the fence lines by adverse possession. Mr. Johnson said that was the first time he
had heard of adverse possession. The affidavit asserted that the survey was required by
the County and its accuracy should be honored.
The Motion for Summary Judgment was heard on November 30, 2007. On
December 21, 2007, this Court rendered its oral ruling that Norman and Judith Reiss had
met their burden of proving open, notorious and continued adverse possession of the area
in dispute and granted their motion for summary judgment. The plaintiffs sought
reimbursement for the total cost of re-surveying the line and this Court asked for
authority for that request.
On January 2, 2008, the plaintiff submitted a proposed bill of costs with another
copy of the proposed judgment, with authority for the bill of costs, but not the authority
for re-imbursement for the cost of the resurveying. On January 8, 2008, the Johnsons
submitted an objection to the requested bill of costs and an objection to any cost being
assigned to them.
On January 25, 2008, Attorney Brose submitted an update to the resurveying,
indicating that the 2005 survey was inaccurate.
On March 10, 2008, Mr. Brose submitted the revised certified survey asking that
the original order for judgment be signed. No other response has been received from the
Johnsons nor any other authority to assess full responsibility for the resurvey to the
Johnsons.
DISCUSSION
Sadly the Johnson were unable to convince their seller to survey this property
before the closing. It is also unfortunate that once they were notified that Norman and
Judith Reiss were asserting a claim to the disputed property that some type of mediation
did not take place. However, the information provided to the Court made it clear that the
fence existed on the property and had been there for more than 20 years. While it is very
frustrating to the Johnson, the law in Wisconsin is that Norman and Judith Reiss are
entitled to summary judgment that the property between the surveyed line and the fence
line is owned by Norman and Judith Reiss by adverse possession.
As to the items requested for costs and disbursements, the Reiss's have requested
those items that are allowed by statute and are approved by the Court.
The remaining issue is how the cost of the resurveying should be paid. While the
plaintiff asks that the Johnsons pay the entire cost, no authority is submitted that the
Johnson pay the entire cost. On the other hand, both sides are benefiting from a proper
survey of the fence line. Therefore, it is ordered that each side bear one-half of the cost
of resurveying the fence line.
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r'
t '
t
So ordered this day of April, 2008.
By e court'
Hon. Edward F. Vla k
St. Croix County Circuit Court Judge
Branch II
State of Wisconsin
County of St. Croix
I hereby certify that this document is a full,
true and correct copy of the original on file
and of record in my office and has been
compared by me, y
Attest--?-- day of ~ U
X
Lori Meyer
3
4 ot8
MAP OF SURVEY
Located in port of the Southeast Quarter of the Northwest Quarter, in
Section 21, Township 31 North, Range 16 West, Town of Cylon, St. Croix
County, Wisconsin, and also being part of lots 1, 2 and 3 of a Certified
Survey Map recorded in Volume 20, Page 5088 as Document Number 809266
in the Saint Criox County Register of Deeds Office and described as follows:
BEARINGS ARE REFERENCED TO THE ST. CROIX COUNTY COORDINATE
SYSTEM. BASIS OF BEARINGS IS THE EAST-WEST QUARTER SECTION
LINE WHICH BEARS 589'37'46"E.
In accordance with Wisconsin Administrative Code AE-7, Norman'Reiss, the landowner, has waived
the placement ofproperty corner monuments.
\V' NORTH LINE SE1/4 Nw1/4
\ SEC. 21-T31N-R16W
\ N89'30'58"W N01'06'50"W
DETAIL "B" \ 693.27' DETAIL "E" 2.99'
589'44'51"E DETAIL "C"
673.29'
WEST LINE SE7/4 NWl/4
SEC. 21-T31N-R16W LOT 2 LOT 3
(CSM VOL. 20 (CSM VOL. 20
PAGE 5088) PAGE 5088)
1 g n p ~r '~J
SCALE 1"=200'
f°n~ z~
DETAIL D
O' ♦
L~ ~ ' "''~/'L'ei
NCE E.
ULTZ
LOT 1 2031
(CSM VOL. 20
PAGE 5088)
~ ,2 C7
6.50'
1317.76' ~1\\
W 1 /4 SEC. 21 DETAIL "A" 58937'46"E
FOUND SOUTH LINE NW1/4 5253.97' EI/4 SEC. 21
SEC. 21-T31N-R16W FO U N I )
JOB # W1057SU266
Prepared by:
Consulting Group, Inc
Phone No. (715) 246-4319 County Section Corner Monument Prepared for and at the request of:
Fax No. (715) 246-3830 DOAR DRILL, S.C.
P.O. Box 325 x - 103 NORTH KNOWLES AVE.
N&WfRichmond, WI 54017 Existing Fence NEW RICHMOND, WI 54017
Drafted by KLT
SH[`T 1 OF
MAP OF SURVEY
t orated in part of the Southeast Quarter of the Northwest Quarter, in
,,cct,on 21, Township 31 North, Range 16 West, Town of Cy1on, St. Croix
County, Wisconsin, and also being part of lots 1, 2 and 3 of a Certified
Survey Map recorded in Volume 20, Page 5088 as Document Number 809266
in the Saint Criox County Register of Deeds Office and described as follows:
BEARINGS ARE REFERENCED TO THE ST. CROIX COUNTY COORDINATE
SYSTEM. BASIS OF BEARINGS IS THE EAST-WEST QUARTER SECTION
i..INE WHICH BEARS 589'37'46"E.
I 1
i
0.3'
i
EAST LINE SEt/4 NW1/4
SEC. 21-T31N-R16W
3
s M ~~N it t/
RENCE E. S
'•i
SCHULTZ .~c
2031
NUnSO~, U11 ~ `
p Cb
I ti'
S89'37'45'E
18.50'
DETAIL "A"
NOT TO SCALE
NORTH LINE SE1/4 NWt/4
SEC. 21-T31 N-R16W
E 3.5q' _O 67• NORTH LINE SE1/4 NW1/4
SEC. 21-T31N-R16W o
0.53'
3
o a
"v1 'a 10 or
C5 Q aV
O
2
I
F " x x x
% G
I 0.6'
19.91'
I
i
DETAIL "B" DETAIL "C"
NOT TO SCALE NOT TO SCALE
J013 # W1057SU266
Prepo~redd by-.
Consulting Group, Inc Prepared for and at the request of-
Phone No. (715) 246-4319 DOAR DRILL, S.C.
Fax No. (715) 246-3830 • Found 1-1/4" O.D. Iron Pipe 103-NORTH KNOWLES AVE.
NEW RICHMOND, WI 54017
P.C.' Box 325
Ne[sv,rNichmond, WI 54017 Existing Fence Drafted by. KILT
SKEET 2 OF 4
MAP OF SURVEY
Located in part of the Southeast Quarter of the Northwest Quarter, in
Section 21, Township 31 North, Range 16 West, Town of Cyion, St. Croix
County, Wisconsin, and also being part of lots 1, 2 and 3 of a Certified
Survey Map recorded in Volume 20, Page 5088 as Document Number 809266
in the Saint Criox County Register of Deeds Office and described as follows:
BEARINGS ARE REFERENCED TO THE ST. CROIX COUNTY COORDINATE
SYSTEM. BASIS OF BEARINGS IS THE EAST-WEST QUARTER SECTION
LINE WHICH BEARS S89'37'46"E.
I
LOT 2
(CSM VOL. 20
PAGE 5088)
0.213' III
x
LOT 1
(CSM VOL. 20
PAGE 5088)
WEST LINE SE1/4 NW1/4
SEC. 21-T31 N-R 16 W `
DETAIL "D"
NOT TO SCALE
NORTH LINE SE1/4 NW1/4
SEC. 21-T31N-R16W
b~ 1
m
0
I
LOT 2 LOT 3
(CSM VOL. 20 (CSM VOL. 20
PAGE 5088) PAGE 5088)
0
x x x x x x x x x x x x
DETAIL "E"
NOT TO SCALE $C O N
CAE E.
ULTZ ~c
2031
t' HUnIM WY1
0%
JOB # W1057SU266 Prepared by.
~Iy1js jAS~
~
- ConruMinOGrouP, Ina 2
8 Prepared for and at the request of
Phone No. (715) 246-4319 DOAR DRILL, S.C.
Fax No. (715) 246-3830 • Found 1-1/4" O.D. Iron Pipe 103 NORTH KNOW _ES AVf
P.O. Box 325 NEW RICHMOND, WI 5401 i
NJwfRIchmond, WI 54017 Existing Fence Drafted by KLr
SHEL T ,5 O) 4
MAP OF SURVEY
Located in part of the Southeast Quarter of the Northwest Quarter, in
Section 21, Township 31 North, Range 16 West, Town of Cylon, St. Croix
County, Wisconsin, and also being part of lots 1, 2 and 3 of a Certified
Survey Map recorded in Volume 20, Page 5088 as Document Number 809266
in the Saint Criox County Register of Deeds Office and described as follows:
10-ARINCS ARE. REFERENCED TO THE ST. CROIX COUNTY COORDINATE
t3ASS OF BEARINGS IS THE EAST-WEST QUARTER SECTION
ilNt WINCH BEARS 589'37'46"E.
Commencing at the West Quarter Corner of said Section 21;
Thence, on an assumed bearing, South 89 degrees 37 minutes 46 seconds East on the south line of the
Northwest Quarter of said Section 21, a distance of 1311.76 feet to the southwest corner of said Southeast
Quarter of the Northwest Quarter, this also being the POINT OF BEGINNING of the parcel to be
described;
Thence, North 04 degrees 06 minutes 50 seconds West on the west line of said Southeast Quarter of the
Northwest Quarter 1319.30 feet to the northwest corner of said Southeast Quarter of the Northwest
Quarter;
Thence, South 89 degrees 30 minutes 58 seconds East on the north line of said Southeast Quarter of the
Northwest Quarter 693.27 feet;
Thence, South 01 degrees 06 minutes 50 East on the east line of the west 693.00 feet of said Southeast
Quarter of the Northwest Quarter 2.99 feet;
Thence, North 89 degrees 44 minutes 51 seconds West 673.29 feet;
Thence, South 01 degrees 03 minutes 10 seconds East 1313.52 feet to a point on the south line of said
Northwest Quarter;
Thence, North 89 degrees 37 minutes 46 seconds West 18.50 feet to the POINT OF BEGINNING and
there terminating.
Surveyors' Report
The new property line shown "on the fence line" is actually a "mathematical best fit line" determined from
observations taken on the fence. The actual fence has many bends in it. The new property line will move
from one side to the other and then back again, depending on the location along the fence.
The position of the South Quarter Corner is necessary to determine the location of the Recorded
Certified Survey Map (Vol. 20, Page 5088). This corner was not found in-place and no U.S. Public Land
Survey Monument Location Certificate was on file at the county. Also a discrepancy of over 12 feet was
found in the distance from the West Quarter Corner to the East Quarter Corner shown on the Recorded
Certified Survey Map (Vol. 20, Page 5088).
The county surveyor was unable to retrieve the surveyors' field notes or other information used to
calculate the Recorded Certified Survey Map_ (Vol. 20, Page 5088).
Consequently, this survey will show some deviation from the Recorded Certified Survey Map (Vol. 20, Page
5088).
This parcel contains 28260 square feet (0.65 acres).
I hereby certify that this map was prepared by me or under my CIIlRE111CEE
direct supervision, that it is true and correct to the best of my SCHULTZ 41
knowledge and that I am a duly Registered Land Surveyor 2031
under the laws of the State of Wisco in. Hl1nqlW1
S- 'y~ S b R V
Clarence E. Schultz, R.L.S. NO. 2031 Date
JOH # WI057SU266
Prepared b~r.
~v ~,.rrs frir G,or.P• 1^a Prepared for and at the request of:
Phorne No. (715) 246-4319 DOAR DRILL, S.C.
I ax No. (715) 246-3H30 103 NORTH KNOWLES AVE.
NEW RICHMOND, WI 54017
F'(). 43ox 325
Newofl8ichmond, WI 54017 Drafted by. KLT
SHEET 4 OF 4
3
81G51 99--- 66
VOL 20 PAGE 5088
RATALTEN R. M1;tSp"'
REGISTER OF DEEDS
ST. RECEI VVEEDIxFOORR. ~tECORD
10/13/2005 08:30AM
CERTIFIED SURVEY MAP
FEE, 00
• 3.
PAGES= 2
CERTIFIED SURVEY MAPCO'Y
LOCATED IN THE SE 1/4 OF THE NW 114 OF SECTION 21, T31N, R16W,
TOWN OF CYLON, ST.CROIX COUNTY, WISCONSIN.
NOTE= BEARINGS ARE REFERENCED
TO THE EAST-WEST 1/4 LINE PREPARED FOR,
OF SECTION 21 (ASSUMED). GARY - OHNSON
Q UNPLATTED LANDS
NORTH LINE OF THE SE-NW
S 89.3342E 693.00'
346.63' 346.37'
APPROVED
sr. citm couffy
tfa ~ ZeoMg conrNlbe
OCT 1 2 2005
ti
if not recowec: wivan tiu ui1y8 of O~
approval date approval shall be
null and void L D T 2 s L'y T 3
r~ 6.00 ACRES CRES
261,531 SO. FT. ±
v
V
2t" A.
t^
b ~ rA a
®346.630
: b
1.42
S 89.33'42' 69~O1' v y
rv Q / 411.10' 66.02' I
~
N 43•5e'44'E O 44' LOT 1 AREAS
50.00' 5060
&95 ACRES
R
CA r L D T 1 390,045 so. FT.
t~ O 10rrc o 66' 6,76 ACRES EX. /W
& 1 8 '4 to AND EASEMENT
66' \ 294,460 SO. FT.
INGRESS AND EGRESS
EASEMENT ~\\~~ey\ w
-Wt. t. to I
A s ru V O V
+I~ ro I EASEMENT AND EGRESS
WEST 1/4 CORNER EAST 114 CORNER
OF SECTION 21. g R $ to OF SECTION 21.
<'FOUND ALUMINUM CAP 602 R 560.94 66.02') ° (FOUND ALUMINUM CAP)
913a?CK . 02 -Tv 89 X691298' 236.70'
5241.46' L~~JT~i„14.,
E-W QUARTER LINE
UNPLATTED LANDS ~ SG~~►s
.
0= SET 1' Q.D. X IS' IRON PIPE WEIGHING JAMES M.
1.13 LDS PER LINEAR FOOT. WEBER
1' = 200' s0VA
wo Q
SHEET 1 OF E
0 100 zoo 400 JAMES
00
LANDMAR INC.
2005015 THIS INSTRUMENT DRAFTED BY JIM WEBER DATED
Vol 20 Page 5088
RECEIVED
Wisconsin Departmer4lo erce ` k 2005SOI EVALUATION REPORT pie 1 of 3
Division of Safety and Bui
' in accordance h Co m 85, Wis. Adm. Code
ST. CROIX COUN County 5t. Croix
t _ Attach complete site plan on per n00plI; "0Sj1Off 11 in s in size. Plan must
• include, but not limited to: ve ' (BM), direction and Parcel I.D.
percent slope, scale or dimensions, north arrow, and location and distance to nearest road.
Please print all information. Reviewed by Date
Personal infonnation yo rovide rray be used for sec ndary purposes (Privacy Law, s. 15.04 (1) (m)). L -i~1 n
Property Owner t
l~ 61 !ft ' Property Location l~`~' ® El
Gary Johnson Govt. Lot SE 1/4 NW 1/4 S 21 T 31 N R 16 E (or) W
Property Owner's Mailing Addr of # Block # Subd. Name or CSM#
Z 2 3 Z l/ l1 r 3 Johnson
City to Zip Code Phone Number dY ❑illage own ,N a4 v
54017 ( ) 246-4415 CYIQQ NN
Q New Construction Use[D Residential / Number of bedrooms 3 to 4 Code derived design flow rate 450 to 600 GPD
Replacement Public or commercial - Describe:
Parent material Loess over glacial till A e NA -
ft
General comments Site suitable for an A+0 mound~v
nd recommendations: BMI 100.00, BM2 97.96'
a4 ov,
40 F71 Boring #
Boring c
a Pit Ground surface elev. 98.95 ft. Depth to limiting factor >42 in.
Soil Application Rate
Horizon Depth Dominant Color Redox Description Texture Structure Consistence Boundary Roots GPD/fF
in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. •Eff#1 'Eft#2
1 0-7 10yr3/2 sil 2msbk dsh as 3f .6 .8
2 7-17 1 Ovr3/4 sil lmpl dsh cW if .4 .6
3 17-42 7.5yr4/4 sI Om dh - - .2 .6
F2 Boring # ❑ Boring 97.75 7
Pit Ground surface elev. ft. Depth to limiting factor in.
Soil Application Rate
Horizon Depth Dominant Color Redox Description Texture Structure Consistence Boundary Roots GPD/fF
in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. •Eff#1 'Eff#2
A l 0-7 10yr3/2 sil 2msbk dsh as 3f .6 .8
2 7-8 1 4/4 flf7.5yr5/8 sil Impl dsh cW if •4 .6
3 8-12 10y,4/4 f2d7.5yr5/8 A lmpl dsh cW if .4 .6
4 12-31 10yr4/4 c2d7.5yr5/8 sicl lmsbk dsh cW - .2 .3
5 31-42 7.5yr4/6 c2d7.5yr5/8 sl Om dh .2 .6
" Effluent #1 = BOD > 30:5 220 mg/L and TSS >30 < 150 mg/L " Effluent #2 - OD < 30 mg/L and TSS < 30 mg/L
CST Name (Please Print) Signature CST Number
Thomas C Nelson 227387
Address Date Evaluation Conducted Telephone Number
1432 120th Street, New Richmond, WI 8/15/05 715-246-2454
Johnson, Gary Pending
Property Owner Parcel ID # Page 2 of 3
3 Li Boring
F Boring # E] pit Ground surface elev. 97'70 ft. Depth to limiting factor 9 in. Sal Application Rate
Horizon Depth Dominant Color Redox Description Texture Structure Consistence Boundary Roots GPD/fF
in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. *Eff#1 *Eff#2
1 0-9 10yr3/2 - sit 2msbk dsh as 3f .6 .8
2 9-18 10 4/4 U7.5 5/8 sil IM PI dsh cw if .4 .6
3 18-27 1Oyr4/4 c2d7.5yr5/8 sic] lmsbk dsh cW If .2 .3
4 27-35 7.5yr4/4 - 1s Osg dl - - .7 1.6
F-1 Boring # Boring
Pit Ground surface elev. ft. Depth to limiting factor in.
Soil Application Rate
Horizon Depth Dominant Color Redox Description Texture Structure Consistence Boundary Roots GPD/fF
in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. *Eff#1 *Eff#2
Boring # Boring
Ground surface elev. ft. De h to limitin factor in.
F1 H Pit pt g
Soil Application Rate
Horizon Depth Dominant Color Redox Description Texture Structure Consistence Boundary Roots GPD/fF
in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. *Eff#1 *Eff#2
" Effluent #1 = BODS > 30 < 220 mg/L and TSS >30 < 150 rng/L * Effluent #2 = BOD5 a 30 rng/L and TSS < 30 mgA-
The Department of Commerce is an equal opportunity service provider and employer. If you need assistance to access services or
need material in an alternate format, please contact the department at 608-266-3151 or TTY 608-264-8777.
SBD-8330Test (R.07/00)
Gary Johnson
11M1 Top of iron pl" 100.00'
BM2 TO of Iron pipe 87.86'
11188.86' Lot 3 .
82 87.75'
BH 87.70'
NCO
sus
Sw t*4 cmnve-
Thomas NNson
~2273s7 .
J LRECEIVED
introduction:
ROIX COUNTY
On August 15, 2005, Thomas Nelson, CSTM, Environmental By Design conducted a soil NING OFFICE
evaluation on property owned by Gary Johnson, located in the SEI/4, NWI/4, Section 21, T31N-16W,
town of Cylon, this purpose being to determine the highest I" of seasonal soil saturation so that a
POWTS might be installed. This investigation revealed that the soils were only good for an A+0 mound
system through an interpretive determination as designated by the Wisconsin Department Of Commerce's
Administrative Code, Comm 85. It should be noted that I had first visited the property in late May 2005
recognizing at that time that this site would only support an A+0 POWTS.
Methodology: I tally,
nauxiiuc PAS weie pfcmded iUf Li11ee UVi.Highl i un.UU,Li J, W1L11 ll1LUtPIULUL1U113 U1 LIM J1LG5 JUuaui11Ly U-
conducted by using soil redoximorphic features, soil texture, soil structure, soil color pursuant to the
guidelines under Chapter Comm 85 of the Wisconsin Administrative Code and using the USDA NRCS soil
descriptive system.
During this field investigation the landscapes morphological features, vegetation, and hydrology was
Antn..« n.i fit, 0•: « ..F♦1.:,. 1«~n«.~..*:. IZ..+;..Y..:«..~:..p. An+:«na
Wisconsin Administrative Code.
Upon completion of the collected field data, which included the accurate measurement of the sites featured
parameters, site plans, system design, and this interpretive report have been developed for review. The
intent is to demonstrate that a minimum of 6 inches of unsaturated soil exists on this site and any
influencing factors on this would allow the compliant installation of a mound system serving a residential
use for this property as allowed under Comm 83.44(3)(b) of the Wisconsin Administrative Code.
Local Hydrology:
The local -hydrology of this site is influenced by the average of 30 inches of precipitation received. The -soil
pwpuiLius U11d 1UVW Ud Lupugiapl►y uutu icuiuunuu WUM 1110vutuuld uu Lcus piupuiLy. Suasuiau issues such
as frozen ground and warm temperatures also have their influences
During the winter months when the ground is frozen, there would be an accumulation of snow with any
nY+' .g n a. «-r Y.. {S t1.n :tn al.n _ ..Ln .4'rl n r« Y Snrincr z^. V .ia «r0:1-In4 G I:I.4iv. 1
surface runoff until the ground has thawed. Upon thawing, the influence on groundwater levels would be
minimal due to the location of the site with its limited upslope watershed. The 3 percent surface slope
would also aid the slower permeability of the soils. Summer temperatures and plant growth would provide
removal of soil moisture through evaporation and evapotranspiration.
Local Geomorpnoiogy, Soii disturbance, and Local Topography
The geologic interpretation of this area directly related to the glacial geology of the Eastern St. Croix
Moraine, a ground moraine that was formed by the accumulation beneath the glacier and resulted in a
composition of stony, reddish-brown glacial drift. Post-glacial windblown silts formed loess deposits that
overlays this till. Below is the Cambrian bedrock Prairie Du Chien formation, a dolitimized limestone
iorinaiion. Soii iorming activities have resuited m what is known as the Northern 'iiii. uplands soils
resulting in dark silty soils.
i ne site currently has a stand of young pine trees that are less then ten years in age and was probably
originally in crop production prior to its development. This hillside has a 3 percent slope and was probably
formed as the advancing ice scoured the landscape, retreated, depositing the till material, forming the
rounded knobs of the hillside.
Soil Series and Mapping Units
The St. Croix County Soil Survey has mapped this area as being of Freeon soil series, which consists of
gently sloping, moderately well drained soils. These soils are on low ridges and foot slopes of ground
moraines. They formed in silty sediment and the underlying reddish sandy loam till. The FnB soils of this
series are representative as described by the Soil Survey and are represented by a surface layer that is
approximateiy a inches of dark gTayish brown silt loam. '!'he subsurface iayer is brown silt Loam and about
10 inches thick. The subsoil is about 16 inches thick. The upper part is dark brown, mottled, friable silt
loam; the middle part is a reddish brown, mottled, friable to firm loam; and the lower part is reddish brown,
mottled, firm loam. The substratum, to a depth of 60 inches, is yellowish red, mottled, firm sandy loam.
Redoximorphic features are absent in the upper 7 to 9 inches of the soil profiles, indicating a well-oxidized
Data
➢ The soils evaluation report has been included with this report.
➢ A copy of the USDA Soil Survey map that provides the soil-mapping unit described above.
y A U:iii6 Topographic Map, revealing the topography of the site.
> POWT site plan, representing the best location and layout of the system that best treats and
distributes the systems discharge water.
Government Reports
None have been created as the site has not been visited by state staff and will be done prior to final
approvals.
Additional Information Unique to the site
1juring the evaluation there was the observation of biological activity in the form of
worm burrows and roots. Worm activity was recognized at a depth of 16 inches in boring
1 and at a depth of I I inches in boring two. Root activity was observed at 11 inches on
boring 1, 15 inches on boring 2, and 14 inches on boring 3. It is recognized that these
biological activities are normally not apparent in zones that are saturated for long periods
vi Uflpl 'i.
Recommendations
The recommendation for the site would be for the site to be chisel plowed to a depth of at least 15 inches so
as to breakup the soil interface and realigning the platy soils in a more vertical orientation thus aiding
infiltration. From the upside slope of the system area, 30 inches of ASTM C-33 sand lift will be placed on
the plowed area. 'finis provides the 36 inches of verticud separation to provide the treatment or pathogenic
organisms.
The recommended mound design uses a tin loading rate of 4.0 gpd/ft and an in-situ soil application rate
of 0.2gpd/ft . This will be accompiishe designing the absorption area to be long and narrow and
-ten- f-30 t c .in _m Rinne toe a~en t ' 1 ,i...p.~n:nn n..;i 1;»•~:.~ntir.
ae r.. _ u_____:_<a, _ _._<.:a_ a ems-, ee.. _.__a ~•-s ..e .
the chances of toe seepage. Addition he slope on the upper toe edge of the mound will be constructed
so as to be a slope with a 3:1 side slope at each end and a 6:1 side slope for the I dimension (upper slope) at
a point L/2 (this being the location at half the distance of the total length of the mound) so as to help divert
surface water from the upper slope (See included suggested mound detail plan). Finally the design requires
that a water diversion ditch be installed above the mound so as to divert surface waters from the upslope
area This should be installed with a 5:1 slope. a width of eleven feet, and oriented so that it traverses the
contour slightly, draining the run off water north and down slope of the mound area.
The concern of the existing waterway below the toe of the mound can be resolved by repositioning it
during the construction activities of the mound. My recommendation would be to relocate it a distance of
39 feet from the dowry slope toe,
Conclusions
It is my belief that the soils in the area of the proposed TOWS will not be saturated above 6' for seven or
more consecutive days for the following reasons.
➢ The described soils in this location support the mapped description to varying degrees. Boring 1
was not well represented by the fact there was no evidence of seasonal saturation. Boring 2
probably represented the soil survey closet and it is apparent that seasonal saturation has probably
lasted longer as is evident by the increased evidence and intensity of redoximorphic features.
Boring three was similar to boring 2 with the exception that between 27 and 3S inches it was
observed to be loamy sands rather than massive sandy loans.
➢ The biological activity in the soil as represented by the roots and Earth Worm presence, suggest
that the soil has not been saturated in the most recent history of the soils. These activities cannot
survive in saturated conditions.
A design with a long and narrow system representing a linear loading rate of 4.0 gallons per day
per foot and an in-site soil application rate of .0.2gpd/ftzt. This configuration represents the best
distribution of the wastewater, spreading it over a longer area. With the increased height of the
mound, there is the assurance that there will be 3 feet of filtration between the bottom of the
system and the zone of saturation. Also built into the plan is the increased dimension of the
upslope of the mound, providing a 6:1 slope at the IJ2 location, and the. addition of a drainage
ditch above the mound. These last two additional features will minimize surface runoff onto the
mound area from higher elevations behind the system. The total design assures that the
requirements of Comm. 83.41 of the Wisconsin Administrative Code are being met so as to
properly filter the wastewater and to assure that there is no surface discharge, with discharge going
below grade.
➢ The mound septic design and management plan provides proper treatment of wastewater and
expected system longevity. Accordingly, the plan submittal addresses the methods and design for
treatment and dispersal of the wastewater below the surface as addressed by the code
requirements.
f .1 lie nlVtltri Uf May llaa a V -eat 11 t,l111Um Vf Iwil CVCIII Utiys Ound evull VYiul this unusual arnount of I,
precipitation the holes had no free water when I first visited the site in late may.
i
➢ Observed in boring 2 the silty and silt clay loam soils do have medium distinct redox features
between 9 and 27 inches. This is then underlain by loamy sand suggesting the need for temporary
saturation before water movement would continue into the lower soil body.
The final authority for this site's approval rests with the appropriate regulatory agencies: the
Wisconsin Department of Commerce :and the St. Croix. County Zoning officials.
Thomas C Nels
CST 227387
October 3, 2005
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alts top atiron v+ao n.>tr
Gary Johnson
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scale V= 30'
1' flat bottom area
Mound Area
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140' by 48'
3%
A slope
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t
375
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5:1 slope for the purpose
of diverting surface water
from the back side of the
mound.
This ditch traverses the
contour line and drains to
the the northeast, down
slope of the mound
SW lot corner
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