HomeMy WebLinkAboutRed Earth LLC_sw pond_GP_00488State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES
2984 Shawano Avenue
Green Bay, WI, 54313
Tony Evers, Governor
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Telephone 608-266-2621
Toll Free 1-888-936-7463
TTY Access via relay - 711
03/20/2024
Red Earth LLC GP-NE-2024-71-00488
Jacob Buswell
1310 W Wisconsin St.
Sparta, WI 54656
Jake.buswell@allamericandoitcenter.com
Dear Mr. Buswell:
The Department of Natural Resources has completed its review of your application for a permit to construct an unconnected
storm water pond in uplands within 500ft of the Lake Butte des Morts and located west of Lake Butte des Morts Drive in the
NW1/4, NW1/4, Section 03, T18N, R16E, City of Oshkosh, Winnebago County. You will be pleased to know your project
qualified for a General Permit.
Please take this time to re-read the permit eligibility standards and conditions. The eligibility standards can be found on your
application checklist (found at https://dnr.wi.gov/files/PDF/forms/3500/3500-144.pdf). For project details, maps, and plans
related to this decision, please see application number, GP-NE-2024-71-00488, on the Department’s permit tracking website
at https://permits.dnr.wi.gov/water/SitePages/Permit%20Search.aspx. The permit conditions are attached to this letter which
lists the conditions which must be followed.
A copy of this letter and the attached permit conditions must be posted for reference at the project site. Please read your
permit conditions carefully so that you are fully aware of what is expected of you. You are responsible for meeting all
general permit eligibility standards and permit conditions.
Please note you are required to submit photographs of the completed project within 7 days after you've finished construction.
This helps both of us to document the completion of the project and compliance with the permit conditions.
Be sure to contact your local zoning office and U.S. Army Corps of Engineers for any local or federal permits that may be
required for your project. Your next step will be to notify me of the date on which you plan to start construction and again after
your project is complete.
If you have any questions about your permit, please contact me at (920) 362-1361 or by email at
bobbiejo.mahon@wisconsin.gov.
Sincerely,
Bobbi Jo Mahon
Water Management Specialist
Email CC: USACE Project Manager
Jason Higgins-Conservation Warden
Diane Bartlett-City Clerk
Claire Roth-ISG
WZ File
STATE OF WISCONSIN GENERAL PERMIT – STORM WATER POND
DEPARTMENT OF NATURAL RESOURCES GP-NE-2024-71-00488
Jacob Buswell, Red Earth LLC, is hereby granted under Sections 30.19(1g), Wisconsin Statutes, and NR 343, Wis. Adm.
Code, a permit to construct an unconnected storm water pond within 500ft of Lake Butte des Morts in the City of Oshkosh,
Winnebago County is subject to the following conditions:
PERMIT
1. You must notify Bobbi Jo Mahon at phone (920) 362-1361 or email bobbiejo.mahon@wisconsin.gov before starting
construction and again not more than 5 days after the project is complete.
2. You must complete the project as described on or before March 20, 2027. If you will not complete the project by this date,
there is no opportunity for an extension, and you must apply for a new permit.
3. This permit does not authorize any work other than what you specifically describe in your application and plans, and as
modified by the conditions of this permit. If you wish to alter the project or permit conditions, you must first obtain written
approval of the Department.
4. Before you start your project, you must first obtain any permit or approval that may be required for your project by local
zoning ordinances and by the U.S. Army Corps of Engineers. You are responsible for contacting these local and federal
authorities to determine if they require permits or approvals for your project. These local and federal authorities are
responsible for determining if your project complies with their requirements.
5. Upon reasonable notice, you shall allow access to your project site during reasonable hours to any Department employee
who is investigating the project's construction, operation, maintenance, or permit compliance.
6. The Department may modify or revoke this permit for good cause, including if the project is not completed according to the
terms of the permit or if the Department determines the activity is detrimental to the public interest.
7. You must post a copy of this permit at a conspicuous location on the project site, visible from the waterway, for at
least five days prior to construction, and remaining at least five days after construction. You must also have a copy of the
permit and approved plan available at the project site at all times until the project is complete.
8. Your acceptance of this permit and efforts to begin work on this project signify that you have read, understood, and agreed
to follow all conditions of this permit.
9. The permittee shall maintain the project in good condition and in compliance with the terms and conditions of this permit,
NR 343 Wis. Admin. Code, and ss. Ch 30.19(1g), Wis. Stats.
10. This project shall comply with all conditions identified in Wisconsin Administrative Code and identified in the Instructions for
the General Permit application.
11. You must submit a series of photographs to the Department, within one week of completing work on the site . The
photographs must be taken from different vantage points and depict all work authorized by this permit.
12. You, your agent, and any involved contractors or consultants may be considered a party to the violation pursuant to
Section Ch 30.292, Wis. Stats., for any violations of Chapter 30, Wis. Stats., or this permit.
13. Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters. Erosion
control measures (such as silt fence and straw bales) must meet or exceed the technical standards of ch. NR 151, Wis.
Admin. Code. The technical standards are found at: http://dnr.wi.gov/topic/stormwater/standards/const_standards.html.
14. Unless part of a permanent storm water management system, all temporary erosion and sediment control practices shall
be removed upon final site stabilization. Areas disturbed during construction or installation shall be restored.
15. All equipment used for the project, including but not limited to tracked vehicles, barges, boats, silt or turbidity curtain,
hoses, sheet pile, and pumps shall be de-contaminated for invasive and exotic viruses and species prior to use and after use.
The following steps must be taken every time you move your equipment to avoid transporting invasive and exotic viruses and
species. To the extent practicable, equipment and gear used on infested waters shall not be used on other non-infested
waters.
1. Inspect and remove aquatic plants, animals, and mud from your equipment.
2. Drain all water from your equipment that comes in contact with infested waters,
including but not limited to tracked vehicles, barges, boats, silt, or turbidity
curtain, hoses, sheet pile and pumps.
3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic
plants, animals, or water from one waterbody to another.
4. Wash your equipment with hot (>104º F) and/or high-pressure water - OR - Allow your equipment to dry thoroughly
for 5 days.
16. The pond or artificial water body does not connect with a navigable waterway below the ordinary high-water mark
(OHWM).
17. The pond or artificial water body is not associated with any metallic or non-metallic mining project.
18. No portion of the berm or pond may be any closer than 35 feet from the ordinary high-water mark of any navigable
waterway or within 100 feet of the location of any public rights feature as described in s. NR 1.06, Wis. Adm. Code.
19. The pond or artificial water body is a storm water management pond that does not discharge into a navigable waterway
except as a result of a storm event.
20. `Separation distance.' The crest of the berm of the pond or artificial water body may be no closer than 35 feet from the
ordinary high-water mark.
21. No portion of the pond or artificial water body may be within 100 feet of the location of any public rights feature as
described in s. NR 1.06, Wis. Adm. Code.
22. This separation distance does not include the outlet structure for the pond. An outfall below the ordinary high-water mark
shall comply with ch. NR 329, Wis. Adm. Code.
23. `Wetlands.' The pond or artificial water body may not be constructed, dredged or enlarged in a wetland.
24. `Thermal.' The pond or artificial water body may not be designed to have a permanent pool of water that discharges to a
trout stream or its upstream tributaries.
25. `Hydraulic connection.' The pond may not be subject to inflow from the navigable waterway up to the 10-year 24-hour
rainfall event.
26. `Stable outlet.' The pond shall have a stable (non-erosive) connection to the navigable waterway.
27. `Fish.' Fish may not be reared in the storm water pond.
28. `Entrapment.' The pond or artificial water body shall be designed to prevent fish entrapment.
29. `Vegetation.' The permanent vegetation planted in areas adjacent to or disturbed during pond construction may not be
department regulated invasive plant species.
30. `Excavated material.' Any excavated material may not be temporarily or permanently placed in a wetland, floodplain or
below the ordinary high-water mark of a navigable waterway and shall be disposed of in an upland location.
FINDINGS OF FACT
1. Jacob Buswell, Red Earth LLC, has filed an application for a permit to construct an unconnected storm water pond in an
upland location west of Lake Butte des Morts Drive, in the NW1/4, NW1/4, Section 03, T18N, R16E, City of Oshkosh,
Winnebago County.
2. The project will consist of construction of a stormwater pond approximately 140' x 280' in size with a maximum 11' depth.
The emergency overflow weir will be set an elevation of 757.25’ and the 18” x 240’ outlet structure will have an upstream
invert elevation of 753.50’ and discharge to a sump with catch basin near Lake Butte des Morts Drive. Disturbed areas will be
restored with turf restoration and landscaping.
3. The Department has determined that the project site and project plans meet the standards in s. Chs 30.19(1g), Wis. Stats.,
as well as NR 343, Wis. Adm. Code, to qualify for this General Permit.
4. The proposed project, if constructed in accordance with this permit will not adversely affect water quality, will not increase
water pollution in surface waters and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats.
5. The proposed project, if constructed in accordance with this permit will not adversely affect wetlands.
6. The proposed project will not injure public rights or interests, cause environmental pollution as defined in s. 299.01(4), Wis.
Stats., or result in material injury to the rights of any riparian owner, if constructed in accordance with this permit.
7. The Department of Natural Resources and the applicant have completed all procedural requirements and the project as
permitted will comply with all applicable requirements of Section Ch 30.19(1g), Wis. Stats., and Chapters NR 102, 103, 150,
299, 310, and 343, Wis. Adm. Code.
8. The construction of a storm water pond within 500ft of a navigable waterway will not be detrimental to the public interest.
9. The activity will not cause environmental pollution as defined in s. 299.01(4).
10. No material injury will result to the riparian rights of any riparian owners of real property that abuts any water body that is
affected by the activity.
CONCLUSIONS OF LAW
1. The Department has authority under ch. 30, Wis. Stats., and ch. NR 343, Wis. Adm. Code, to issue a permit for the
construction and maintenance of this project.
2. The Department has complied with s. 1.11, Wis. Stats.
Dated at the Northeast Region Headquarters, Green Bay, Wisconsin on 03/20/2024.
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
BY:
Bobbi Jo Mahon
Water Management Specialist