HomeMy WebLinkAboutLetter (DNR) - 8/17/2000
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
WISCONSIN
DEPT. OF NATURAl RESOURCES
Tommy G. Thompson, Governor
George E. Meyer, Secretary
Ronald W. Kazmierczak, Regional Director
Oshkosh Service Center
625 E Cty Rd Y Suite 700
Oshkosh,Wisconsin 54901
Telephone 920-424-3050
FAX 920-424-4404
August 17,2000
3 -NE-2000-71-0403UF
Bob Deverman J
1810 Hickory Lane - f1 ;-J¡<'--' '1
Oshkosh, WI 54901
r,'lAUG 21 2000
Dear Mr. Bob Deverman:
We have reviewed your application for a permit to construct a boat shelter on lake Winnebago,
located in the City Oshkosh, Winnebago County. You will be pleased to know your application is
approved with a few limitations.
Attached is a copy of your permit that lists the conditions that must be followed. In addition, I have
included a copy of our findings of fact and conclusions of law and your rights to appeal our action.
A copy of the permit must be kept for reference at the project site. Please read your permit
conditions carefully so that you are fully aware of what is expected of you.
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 call me at 920-424-7885.
~iy:er:ly.
~~~.~.-..-
KriSty oge
Water M em pecialist
cc:
Radtke Contractors. 6408 8TH 110, Winneconne, WI 54986
ÑY-ÕFQ$'H'9$'R'P'I~ffr1in¡râ1i dZ 0 ni rig 'Uff! ce-
linda VanPay,'WDNR:<trêe"ñ13ãy ....,'
Gary Knapton, ACOE-Green Bay
Quality Natural Resources Management
Through Excellent Customer Service
"
",..,~
RoqdOO
'-
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
Boat Shelter PERMIT
3 -NE-2000-71-0403UF
Bob Deverman is hereby granted under Section 30.12(3), Wisconsin St~tutès, a permit iò
construct a boat shelter on Lake Winnebago, City of Oshkosh, Winnebago County, SWY4 SEY4,
S7, T18N, R17E, subject to the following conditions:
PERMIT CONDITIONS
1. You must notify Kristy Rogers at phone 920-424-7885 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 October 1,2001. You may not
begin or continue construction after this date unless the Department grants a new permit or
permit extension in writing.
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. You are responsible for obtaining any permit or approval that may be required for your project
by local zoning ordinances or by the U.S. Army Corps of Engineers before starting your
project.
5. You must allow free and unlimited access to your project site at any time to any Department
employee who is investigating the project's construction, operation, or maintenance. '
,"",'",',' 'Co"',""',".',-',:,
6. The Department may modify or revoke this permit 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 keep a copy of this permit and an approved plan 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.
SPECIFIC PEFÎMfT CONDITIONS
9. Only one permanent boat shelter is allowed.
10. The boat shelter must allow free movement of water undemeath and may not cause
deposition of sediment on the bed of a waterway.
11. The boat shelter must be connected to the shore by a pier. The pier may not exceed a width
of six feet in any direction, or extend in length beyond the line of navigation, and must comply
with all applicable pier regulations. ..
12. The size of the boat shelter is limited to a single watercraft, not to exceed outside dimensions
of 14 feet wide by 24 feet long measured at the eaves.
.'
13. The proposed boat shelter must be adjacent to your riparian property.
14. There cannot be a boathouse on your riparian property within 75 feet of the ordinary high
watermark or overnâvigable watersadjacentlo ýour property. ' , '
15. The boat shelter may not be visually intrusive as viewed against the shoreline. It must be built
and maintained of materials and colors consistent with the local environment.
16. The shelter may not extend beyond 50 feet from shore or the line of navigation, whichever is
less.
17. The roof components must be clear span, pitched roof of open truss construction with no more
than a 24" overhang. The gable ends can be boxed in QD]y to the bottom of the truss line.
18. The boat shelter may have a roof, but may not have walls, sides or drops, ïnéludingëaní.las.
The roof must be pitched not less than 1 foot nor more than 2.5 feet from peak to eaves. Any
roof must cover the berth only, not the pier.
19. Any storage must be located above the eaves.
20. The boat shelter may contain only a single sign to identify the property and minimum lighting
required for mooring and safety. Advertising is prohibited.
FINDINGS OF FACT (factswhich were considered in making this decision)
1. Bob Deverman has filed an application for a permit to construct a boat shelter on Lake
Winnebago, located in the, City of Oshkosh,Winnebago County, SWY4SEY4, S7, T18N,R11E.
2. The project will consist of attaching a 14 x 24 foot boat shelter to a pier. The lakeward side of
the boat shelter will be no more than 50 feet from shore. The boat shelter will be constructed
along a developed shoreline as defined in Wis. Adm. Code NR 326.
3. The Department has completed an investigation of the project site and has evaluated the
project as described in the application and plans.
4. The proposed project will not materially obstruct navigation and will not be detrimental to other
public interests if constructed in accordance with this permit.
5. The proposed project will not impact wetlands if constructed in accordance with this permit.
6. The Department hás determined that granting or denying this permit does not constitute a
major state action significantly affecting the quality of the human environment.
7. The Department of Natural Resources and the applicant .have completed all procedural
requirements and the project as permitted will comply with âllapplicable requirements of
Sections 1.11,30.12(3) Wisconsin Statutes and ChaptersNR 102, 103, 115, 116, 117, 150,
299, and 326 of the Wisconsin Administrative Code.
'.
CONCLUSIONS OF LAW (the legal reasons why the Department can make these decisions)
The Department has authority under the above indicated Statutes and Administrative Codes,
'to issue a permit for the construction and maintenance of this project. '
NOTICE OF APPEAL RIGHTS
Statutes and Wisconsin Administrative Codes establish time periods within which requests to
review Department decisions must be filed. To request a contested case hearing pursuant to
section 227.42, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served
by the Department, to serve a petition for hearing on the Secretary of the Department of Natural
Resources.
All requests for contested case hearings must be made in accordance with section NR 2.05(5),
Wis. Adm. Code. This section of the Code requires that the grounds for the petition for hearing
be identified. Pursuant to section NR 2.05(5), Wis. Adm. Code, and section 227.42, Wis. Siats.,
you are required to include specific information demonstrating all four of the following:
1.
The substantial interest of the petitioner which is injured in fact or threatened with injury
by the Department's action or inaction;
2.
That there is no evidence of legislative intent that this interest is not to be protected;
3.
That the injury to the petitioner is different in kind or degree from the injury to the general
public caused by the Department's action or inaction; and
4.
That there is a dispute of material fact (you must specify the disputed facts).
This notice is provided pursuant to section 227.48(2), Wis. Stats.
Dated at Oshkosh Service Center, Wisconsin on August 17, 2000
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
By