HomeMy WebLinkAboutLetter (DNR/boat shelter) - 08/11/1997 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES
Tomm G. Thompson, Governor Sturgeon Bay Field Station
George E. Meyer, Secretary 110 South Neenah Avenue
William R. Selbig, District Director
Sturgeon Bay, Wisconsin 54235
r A w TELEPHONE 414-748 -2860
WISCONSIN FAX 414 -748 -2863
DEPT. OF NATURAL RESOURCES
RECEWED
August 11, 1997 AUG 15 1997 3- NE- 97- 0341UF 0342UF
Bernie Gonzales DEPARTMENT O F
2324 White Swan Drive COMMUNITY DEVELOPMENT
Oshkosh, WI 54901
Dear Mr. Gonzales:
We have reviewed your application for a permit to construct a boat shelter and a boat ramp on
Lake Winnebago (Bay Off) in the City of Oshkosh, Winnebago County. You will be pleased to
know your application is approved with a few limitations.
Attached is a copy of your permit which 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 feel to call me at 920 746 -2873. And
remember, your permit is not valid until you notify me of your intention to begin construction.
Good luck on your project!
Sincerely,
Tere Duperrault
Water Management Specialist
Attach.
Quality Natural Resources Management
Through Excellent Customer Service
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Paper
STATE OF WISCONSIN BOAT SHELTER/BOAT RAMP PERMIT
DEPARTMENT OF NATURAL RESOURCES 3- NE- 97- 0341UF 0342UF
Bernie Gonzales is hereby granted under Section 30.12(3)(a)5 6, Wisconsin Statutes, a permit
to construct a boat ramp and a boat shelter on Lake Winnebago (Bay Off), in the City of
Oshkosh, Winnebago County, in the NE'/ of the SW of Section 7, Township 18 North, Range
17 East, subject to the following conditions:
PERMIT CONDITIONS
1. You must notify Tere Duperrault, 920 746 -2873 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 August 11, 1999. 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.
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 approved plans 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 existing 9.5 feet wide wharf must be reduced to a width of 6 feet or this permit is not
valid.
10 This permit becomes null and void and the boat shelter must be removed if a boat house is
constructed on the riparian's adjacent property.
11 Erosion prevention/control must be used during and after construction until all disturbed areas
are stabilized.
3- NE- 97- 0342UF
Page 2
FINDINGS OF FACT (Facts which were considered in making this decision.)
1. Bernie Gonzales has filed an application for a permit to construct a boat shelter, a boat ramp
and modify a wharf on Lake Winnebago (Bay Off) in the City of Oshkosh, Winnebago
County, in the NE of the SW of Section 7, Township 18 North, Range 17 East. 2324
White swan Drive
2. The project will consist of modifying an existing wharf to a width of 6 feet, constructing a
wooden boat ramp, 8 feet wide by 16 feet long attached to the modified wharf. A 14 feet wide
by 24 feet long permanent boat shelter attached to a 5 feet wide by 30 feet long wharf on the
bed of Lake Winnebago.
3. The Department has completed an investigation of the project site and has evaluated the
project as described in the application and plans. The existing wharf which is 9.5 feet wide
must be modified to a width of 6 feet in order for this permit to be valid.
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, 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 Section 144.01(3), Wisconsin Statutes.
6. The project has been reviewed for compliance with Chapter NR 103, Wisconsin
Administrative Code. The Department has determined that the proposed project is wetland
dependent and that there is not a practicable alternative. The proposed project will not result
in significant adverse impacts to the functional values of the affected wetlands, significant
adverse impacts to water quality or other significant adverse environmental consequences.
7. The Department has determined that granting or denying this permit does not constitute a
major state action significantly affecting the quality of the human environment.
8. 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
Sections 1.11, 30.12(3)(a)5 6 Wisconsin Statutes and Chapters NR 102, 103, 115, 117,
150, 299, 326 of the Wisconsin Administrative Code.
CONCLUSIONS OF LAW (These are the legal reasons why the Department can make these
decisions)
1. The Department has authority under the above indicated Statutes and Administrative Codes,
to issue a permit for the construction and maintenance of this project.
2. The proposed project conforms with the standards of Chapters NR 103, 115, 116 and 117,
Wisconsin Administrative Code.
3- NE- 97- 0342UF
Page 3
NOTICE OF APPEAL RIGHTS
If you believe that you have a right to challenge this decision, you should know that Wisconsin
Statutes and Wisconsin Administrative Rules establish time periods within which requests to
review Department decisions must be filed.
To request a contested case hearing pursuant to Section 227.42, Wisconsin Statutes, 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. This notice is provided
pursuant to Section 227.48(2), Wisconsin Statutes.
Dated at Sturgeon Bay, Wisconsin on August 11, 1997
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
By _P.¢t
Te Duperrault
Water Management Specialist
cc:Wayne Jeidy
City Manager, 215 Church, Oshkosh, WI 54901
Tom Radtke, 6408 Hwy 110, Winneconne, WI 54986
Linda VanPay
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