DCPREZ-0000-05464 - Laserfiche WebLink

Home Browse Search

Department of the Army 3 i St. Paul District, Corps of Engineers 1421 USPO & Custom House St. Paul, 1.1N 55101-1479 1 6 S EP 1988 Construction-Operations Regulatory Functions (VF88-617-31) Mr. Wayne Staton 642 South Gammon Road, Suite 210 Madison, Wisconsin 53719 Dear Mr. Staton: It has come to our attention that dredged materials have been discharged over approximately 4 acres of a wetland complex which is located above the headwaters of unnamed tributaries to the Yahara River and Door Creek, on lands owned by Mr. Ronald Likas, located in the NE 1/4, section 26, township 7 N. , range 10 E. , of Dane County, Wisconsin. The unnamed tributary to the Yahara River and Door Creek and their adjacent wetlands come within the Corps of Engineers regulatory jurisdiction pursuant to Section 404 of the Clean Water Act. Department of the Army regulations include a nationwide permit found at 33 Code of Federal Regulations 330.5(a) (26) , which authorizes the discharge of dredged or fill materials into non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters, except those that cause the loss or substantial adverse modification of ten acres or more of such waters of the United States, including wetlands. For discharges that cause the loss or substantial adverse modification of one to ten acres of such waters, including wetlands, predischarge notification to the District Engineer is required. A review of our records indicates that pre-discharge notification was not received and that Department of the Army authorization has not been granted for this project. The discharge of dredged material into wetlands adjacent to the unnamed tributary to the Yahara River and Door Creek which caused the substantial -adverse modification of between one and ten acres of wetlands without notifying the Corps of Engineers prior to the discharge, is in violation of Section 301 of the Clean Water Act. No additional work requiring Department of the Army authorization may be performed prior to obtaining that authorization. After evaluating the information gathered, we have decided that no legal action will presently be initiated in this matter. Instead, you will be provided an opportunity to obtain Department of the Army authorization for the unauthorized activity through an after-the-fact notification process. Upon receipt of your notification we will determine whether your entire project can be authorized by the above nationwide permit or if an individual permit will be required.