Supreme Court Update

Our reply brief, due tomorrow.

    Motions filed last week by lawyers representing the Wisconsin Realtors, WMC and the Midwest Food Processors Association were granted.  The Realtor's supporting briefs is due on May 14.  The combined WMC and Food Processors' supporting brief is due on 5/11.

    Motions filed by lawyers representing the Wis. Welands Association, Clean Wisconsin (f/k/a Wis. Environmental Decade) and Wis Lakes (who will oppose the District's position) were also granted and due on 5/11.

   Additional motions have been filed today by Manitowish Chain Defense Fund (supporting the District) and the Wisconsin Rivers Alliance (opposing) and have not yet been granted or denied. 

UPDATE on Experimental Dredge Project

Hi Pam!

Hope all is well with you.

I wanted to let you know that at the close of business today, the Public Notice for this project will expire. That means that I could start writing the permit as soon as tomorrow, once I complete my environmental decision document and it has been approved by the Colonel.

However, the Colonel will not sign off on the Corps permit until I have the DNR water quality certification in my file.

Please advise how you will be proceeding in this regard.

Thank you!
Stacy Marshall
_____________________________


All that needs to be done on my end, Brian, is to complete the decision document (similar to an EA), and route it up my chain of command for approval.  The public notice has to be expired before I can complete it.

Then, once Pam/DNR has issued Water Quality Certification for the project, I can begin to write the permit.  Another outstanding issue is the matter of having an archeologist on-site.  Our staff archeologist has been attempting to contact the THPO for the Ho-Chunk Nation for his final decision on whether they will require that an archeologist be on-site or not.  If the THPO is going to require it, then that will be written into the permit as a special condition.  As of this morning, I have not heard back.

However, we are definitely nearing the finish line, once these few issues are addressed. There will be no problem in your having the permit long before you begin work this upcoming winter.

I just received public notice comments from the Keweenaw Bay Indian Community THPO and have attached them for your records.

Thanks, and have a great day!
Stacy
___________________________

ept. of the Army, US Army Corps of Engineers St. Paul District 180 5th Street East Suite 700 St. Paul, MN 55101-1678

RE: 2011-002S8-SLM

To whom it may concern;

--------------­

In response to your request for comment for the above stated notice, the Keweenaw Bay Indian Community Tribal Historic Preservation Office has found no areas of archaeological, cultural, historical, or religiOUS interests documented within the Area of Potential Effect.

If the scope of the work changes in any way, or if artifacts or human remains are discovered, please notify the KBIC THPO immediately so we can assist in making an appropriate determination.

Thank You,

Christopher J. Chosa KBIC THPO/NAGPRA Director 16429 Beartown Rd. Baraga, M I 49908 (906) 353-6623 ext. 4272 cchosa@kbic-nsn.gov

777 Water Level Request - THIS IS WHAT OUR CASE IS ALL ABOUT

Lake Level Holding at 777.08

Anyone flooded out there??

New Newville Bridge Gauge

Hi Brian,  We are IL residents with a house on the river down near Indianford.  We used to track the flood stage using that gauge and knew when the river reached a certain level, we would need to pull our dock panels.  This has resulted in several unplanned trips due to heavy rain but we are not that far away.

Now, it seems the gauge is gone and they moved the Newville gauge to the Rt. 59 bridge.  Is there a reason this was done?

Thanks

Rick

_________________________

Hi Rick - 

Yes, the gauge at Indianford was inaccurate and outdated technology.  USGS added a hyper accurate gauge at the Newville Bridge.  However, the "official" gauge for the purposes of reporting water levels to the DNR and staying in compliance with DNR operating orders remains the "Near Newville" gauge on Binghams.

Brian

Brian, 

Since the SNW was not ordered even  at 777.91' and with the WI. STATE OWNED UNIVERSITY rowing crew  out practicing yesterday with level at 777.65' and no public complaints about shore line damage,  shows me the state feels as we do that the SNW at it's current level is not valid.

I feel it would be a waste of time and tax payers money and that any SNW tickets issued no matter what time of year  with a water level between 777.5' and 778', would not hold water and would be thrown out of court if contested. 

Could you check with RRKLD legal team on this issue and let me know ?  

Thanks!   Mike