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DEPARTMENT OF THE ARM /e� c \ ST.PAUL DISTRICT,CORPS OF ENGINEERS Cl ark Amundsen (Lt / 1135 U.S.POST OFFICE&CUSTOM HOUSE Mad I son Area ST.PAUL,MINNESOTA 55101-1479 •, µ r P \__ = AI f1ifl\III P. REPLY TO FEB 2 4 1989 ATTENTION OF Construction Operations Regulatory Branch (VF88-617-31) Mr. Wayne St at on Attorney at Law 642 South Gammon Road Suite 210 Madison, Wisconsin 53719 Dear Mr. Seaton: We have completed our review of the information which you submitted regarding the discharge of dredged and fill materials into a wetland complex located above the headwaters of unnamed tributaries to the Yahara River and Door Creek, on property owned by Mr. Ronald Likas located in the NE 1/4, section 26, township 7 north, range 10 east, of Dane County, Wisconsin. The plan submitted indicates that the discharge of fill materials at this site will be limited to the existing excavated area plus areas adjacent to the excavated area if sufficient fill materials become available. The drawing submitted indicates that the dimensions of the wetland area to be filled are 200 feet by 200 feet, or 0.92 acres. In addition, the information submitted indicates that the lands surrounding the fill area which were covered with a thin layer of soils excavated from the fill area, will be allowed to revert back to its original condition. Department of the Army regulations contain 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 which cause the loss or substantial adverse modification of ten acres or more of such waters of the United States. For discharges which cause the loss or substantial modification of one to ten acres of such waters, predischarge notification to the District Engineer is required. Since the project plans included with your letter dated February 1, 1989 indicate that the project will cause a signifcant adverse modification to approximately 0.98 acres of the wetland, that discharge of fill materials is authorized by the above nationwide permit. The February 1, 1989 letter describing the project indicated that the areas adjacent to the fill area, which were previously covered with a thin layer of soils excavated from the fill area, will be allowed to revert back to its preproject condition. Since the area will be allowed to revert back to its preproject condition, there will not be a significant change in the vegetation types originally found in the area. In addition, the soils spread over the area were similar to the hydric soils found in the wetland, and did not alter the hydric soil characteristics. The soils spread over the area were