Shoppes at Wyndham Village: Carstensen pays tiny settlement to avoid federal lawsuit

You won't hear much about this beyond the story posted below. Very cost-effective for Mark Carstensen Construction and Development - - the equivalent of a $5 speeding ticket.

$46,000 for wetlands allows Franklin shops' construction

By ANNYSA JOHNSON
anjohnson@journalsentinel.com

Franklin - Developer Mark Carstensen has agreed to pay $46,000 to avoid a federal lawsuit over the destruction of wetlands at the site of a shopping center he is building at state Highway 100 and W. Drexel Ave.

Under the terms of the agreement, signed late last month, the planned Shoppes at Wyndham Village can move ahead with the destruction of 2.6 acres of wetlands.

But Mark E. Carstensen Construction and Development Co. will contribute $46,000 to the Milwaukee Area Land Conservancy to be used to restore and enhance other natural features in the Root River watershed, including a rare prairie remnant discovered in 2003, a Franklin savannah that's been designated a state natural area, and Legend Creek.

In addition to Carstensen's payment, the state Department of Natural Resources has agreed not to allow developers in the future to move ahead on work that adversely affects wetlands while the merits of their water quality permits are being litigated.

"From the department's perspective, we thought this was a good settlement," said DNR attorney Michael Cain, whose agency, like Carstensen, did not concede wrongdoing as part of the agreement. "This will ensure that a number of additional parcels in the vicinity of this project will be protected."

But Land Conservancy Vice President Kristen Wilhelm dismissed it as inadequate.

"It's not very much money for what he took - trees close to 200 years old in a secondary environmental corridor. You can't replace that in several generations," she said.

"All for a storm water basin to do what the trees were already doing."

Carstensen did not return a telephone call, and his attorney declined to comment.

The agreement settles a complaint brought by a coalition of environmental groups and citizens, including a Milwaukee Area Land Conservancy board member, challenging the DNR's permits allowing Carstensen to move ahead on the project and threatening to sue the developer under the federal Clean Water Act.

The coalition withdrew its threat to sue as part of the settlement.