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2 <br /> As part of our analysis of this project, we must determine whether it <br /> complies with the guidelines of Section 404(b) (1) of the Clean Water Act <br /> (CWA) . These guidelines require that when a project is not "water dependent," <br /> that is, it does not need to be located in or near wetlands to serve its basic <br /> purpose, it is presumed that there are alternative upland sites available and <br /> that the use of the upland sites would be less environmentally-damaging than <br /> would be the proposed alteration of the wetland. <br /> Your project does not require access to, or proximity to, or siting with <br /> the wetland to fulfill its purpose. Therefore, it is incumbent upon you to <br /> clear rebut the presumption that upland sites are available and would be less <br /> environmental-damaging than your proposal. The fact that you may not own the <br /> upland site is not, by itself, sufficient to rebut this presumption as long as <br /> upland property is available at a reasonable cost. <br /> Each proposal is judged on its own merits. Permits are issued only when <br /> projects comply with the guidelines of the CWA, and would provide public or <br /> private benefits that equal or outweigh project detriments. Our <br /> responsibilities require us to deny all other applications in order to protect <br /> the public interest in maintaining the integrity of the waters of the United <br /> States. <br /> A permit cannot be issued unless the Permit applicant clearly <br /> demonstrates that there are no other Practicable Proiect locations or methods <br /> that would avoid or minimize harm to waters and wetlands. Federal guidelines <br /> also require that any unavoidable impacts to waters and wetlands be <br /> compensated for. Such compensation might include, for example, the creation <br /> of wetlands to replace those filled for a project. <br /> Even after these requirements are met, a permit must be denied if the <br /> Corps determines that the project would have a significant adverse effect upon <br /> aquatic resources, or is contrary to the public interest, or if a State or <br /> local permit is denied for the work. <br /> We have also received copies of correspondence from August 1993, <br /> indicating that the County Zoning Office would not issue the required permits <br /> for a holding tank or building permit. <br /> If you have any questions, please contact Denise Blackwell-Kraft in our <br /> St. Paul office at (612) 290-5357. <br /> Sincerely, <br /> Ben Wopat <br /> Chief, Regulatory Branch <br /> Enclosures <br /> Copy furnished: <br /> Mr. John Haack <br /> WDNR Area Office <br /> -Mr-. Jim Flanigan <br /> Burnett County Zoning Office <br />