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MADISON — Appleton developer G&G River Investments, LLC, and Kaukauna business Gene Frederickson Trucking, Inc., have been ordered to pay a total of $152,500 in forfeitures, assessments and costs for placing unpermitted structures and riprap in the Wolf River at and adjacent to property located at 8943 and 8951 State Road 110/County Highway II, in the Town of Wolf River, Fremont, Winnebago County, Wisconsin, previously known as Weber's Landing and re-developed as Wolf River Condominiums, since 2006.
Wisconsin law prohibits the placement of any material or structure on the bed of a navigable water without a permit. According to the complaint, Department of Natural Resources staff worked with G&G River Investments to develop a permit for structures at the Fremont property that would generally protect the Wolf River shoreline and near shore habitat and specifically protect the habitat for 15 mussel species, including one Wisconsin Threatened Species, which resides in the Wolf River at the site.
G&G River Investments went on to have constructed one pier, seven boat lifts, and five permanent boat shelters, which were not authorized by any permit, resulting in a footprint increase of 300% more than what was permitted to the detriment of the Wolf River resource and statewide waterway permitting programs.
Also according to the complaint, Gene Frederickson Trucking and G&G River Investments placed riprap that was not authorized by any permit in the Wolf River at the Fremont site. The Department of Natural Resources advised G&G River Investments that no riprap would be permitted at that location of the Wolf River, which is an area of special natural resource interest, in 2003, and reiterated that no riprap could be placed there without a permit in 2004.
In 2006, G&G River Investments and Gene Frederickson Trucking had placed riprap at the site along at least 110 yards of the bank of the Wolf River. G&G River Investments and Gene Frederickson Trucking removed all of the rock riprap and concrete curbing above the ordinary high water mark and stabilized the bank in 2008.
The court order, which was signed by Winnebago County Judge Daniel J. Bissett, requires that G&G River Investments pay $137,500 and Gene Frederickson Trucking pay $15,000 in forfeitures, assessments and costs for the violations described in the complaint.
In addition, G&G River Investments is required to implement a corrective plan for the lifts and reconfiguration of the pier, and a shoreline restoration plan for the riprap, and to monitor the site for five years.
Assistant Attorney General JoAnne F. Kloppenburg prosecuted the case for the State at the request of the Department of Natural Resources.
Copies of the Judgment and the Stipulation and Order for Judgment are available at the following links: