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oss ..171Z-1* <br /> 1* J <br /> • STATE OF WISCONSIN �.�_� , u�, ',eF. —IL1� <br /> L '''t.'. DEPARTMENT JUSTICE <br /> DONALD J. f1ANAWAY Office of Public Intervenor <br /> ATTORNEY GENERAL 123 West Washington Avenue <br /> Mark E. Mus;if P O. Box 7857 <br /> i) puty Attorney Genera: Madison,WI 53707-7837 <br /> Thomas J.Dawson <br /> August 30 , 1989 Public Intervenor 'Asist.,n' <br /> Attorney Generai <br /> 6081266-8987 <br /> Colonel Roger Baldwin , <br /> District Engineer - St . Paul District <br /> United States Army of Engineers <br /> 1135 U.S . Post Office and Custom House i 0 <br /> St . Paul , Minnesota 55101-1479 <br /> Attn: Regulatory Functions Branch <br /> Re: Application of Ronald Likas to Retain Fill and to <br /> Discharge Dredged and Fill Materials Into a Wetland <br /> Complex Located Above the Headwaters of an Unnamed <br /> Tributary to Door Creek and the Yahara River , in <br /> Dane County, Wisconsin <br /> Public Notice CENCS-CO-R ( 89_1151-31/VF89-614-31)_ <br /> Dear Colonel Baldwin : <br /> The Wisconsin Public Intervenor opposes the granting of the <br /> above-referenced Clean Water Act (CWA) section 404 permit <br /> application to fill a wetland complex located above the headwater <br /> of an unnamed tributary to Door Creek and the Yahara River . <br /> I , <br /> THE PILLING OF WETLANDS TO CREATE COMMERCIAL PROPERTY IS <br /> NOT A NEEDED OR WATER DEPENDENT ACTIVITY. <br /> The applicant proposes to retain fill and discharge additional <br /> fill into a total wetlands area of approximately fifteen acres in <br /> order to create an area which can be used for future commercial <br /> development , such as restaurants and hotels . These are not water <br /> dependent activities , as contemplated under 40 C. F.R . § 230 . 10 (a) ( 3 ). <br /> because "access or proximity to a siting within the special aauatir_ <br /> site in question [ is not required to fulfill the project ' s ] basic <br /> purpose. " Further , the applicant has shown neither a public nor <br /> private need for the project that outweighs the loss of the wetlands <br /> resource as required to be considered under 33 C. F.R. § <br /> 320 . 4 (c ) ( 2 ) ( i ) . Since this project does not pass the tests of water <br /> dependency and project need as required by the regulations, the <br /> permit should he denied . <br /> II . THE PROJECT AREA IS LOCATED WITHIN A PRIMARY ENVIRONMENTAL <br /> CORRIDOR. <br /> According to the Dane County Regional Planning Commission, a <br /> large part of this side is located within a primary environmental <br />