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portion of the Elbow Lake property that constituted protected
wetlands under the 1987 Manual. In a preliminary report prepared
in February 1988, Mr. Davis identified approximately one-third of
the property as wetlands. The Corps performed an on-site
investigation of the property in early spring of 1988 and advised
Mr. Davis that it was necessary to measure the level of ground
water to determine whether additional wetlands exist on the
interior of the property. After completing the ground water
monitoring, Mr. Davis prepared an addendum to the preliminary
report which found that the water levels on the property met the
parameters of protected wetlands.
In January 1989, the Corps adopted a new wetlands manual
(1989 Manual), effective as of March 1989, that superseded the
1987 Manual. The 1989 Manual amended the definition of protected
wetlands, substantially increasing the area of land considered to
be protected wetlands and over which the Corps asserted
jurisdiction. Use of the 1989 Manual by a local division of the
Corps was mandatory. In August 1990, Lakewood engaged the
engineering firm of Langley and McDonald to determine the amount
of wetlands on the Elbow Lake property under the 1989 Manual.
Langley and McDonald determined that wetlands covered
approximately 74 percent of the property pursuant to the 1989
Manual.
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