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--- can intercept surface flow and improve water quality. In addition, you have already seen, at the meeting of March 28, 1991, photographs documenting the negative impact of this fill on water quality. This sediment-laden runoff was the result of very poor erosion control measures; even these ineffective erosion control measures were only installed at the site after the County ordered Mr. Fox's company to do so. Second, the Dane County Shoreland-Wetland zoning ordinance states, in section 11.10(2), "A wetland, or a portion thereof, in the shoreland-wetland district shall not be re-zoned if the proposed re-zoning may result in a significant adverse impact upon any of the following: (a) Storm and flood water storage capacity; (b) Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland; (c) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; (d) Shoreline protection against soil erosion; (e) Fish spawning, breeding, nursery or feeding grounds; (f) Wildlife habitat; or (g) Areas of special recreational, scenic or scientific interest, including scarce wetland types." As explained above, allowing the fill to remain in place in this wetland will definitely have a significant adverse impact on at least the wetland functions a, b, c, d and g listed in the ordinance. Third, Mr. Fox's company claims that the road is only a temporary road, needed to gain access for construction in the uplands. I question whether or not this road is really just temporary. Mr. Fox's own plat maps show this road as one of the permanent elements of the development. In addition, the road is much wider than that which would be needed for access by construction equipment; inspection of the site reveals that it is the perfect size for a cul-de-sac, with two prime waterfront lots on the other side of the filled area. Lastly, the road is not needed even for temporary access, as construction equipment can get to the upland sites on the other side of the filled area via Sherman Avenue. Fourth, Mr. Fox claims that he did not know that the area was a wetland because his own engineers steered him wrong, but this is not an excuse. I agree wholeheartedly with Mr. Fox that the laws are very confusing, but the wetland in question is not a marginal, half-drained, rarely-wet wetland; it is/was a very wet area, with many very obvious plant species which are indicators of wetlands. Just because the area is several feet above the level of the River does not mean that it cannot be a wetland area. Being so close to Cherokee Marsh and the Yahara River, and depending so much on the beauty of these natural resources to make the homes he sells so desirable, Mr. Fox should, more than anyone, appreciate and respect the laws which protect our wetlands and water resources. He needs to hire a professional wetland 2