HomeMy WebLinkAbout006-1035-70-000 (2)
BOARD OF ADJUSTMENT DECISION
Request of Benjamin Boe for a special
exception use, Article 3.4 B(l)(4), )
Filling and Grading, ST. CROIX COUNTY ) A-3f86
ZONING ORDINANCE. Location: SW1 of ) Jume 2 , 1986
the SE14 of Section 16, T31N-R16W, Town )
of Cylon. )
The St. Croix County Board of Adjustment conducted a public hearing on
Tuesday, June 24., 1986 to consider the request of Benjamin Boe for a special
exception use, Afticle 3.4 B(1)(4), Filling and Grading, ST. CROIX COUNTY ZONING
i
ORDINANCE.
The St. Croix County Board of Adjustment conducted an onsite inspection
of the site in question.
After returning to open session, the following decision was rendered:
Motion by Supervisor Kinney to approve with the following stipulations:
1. All undesirable refuse removed from road and swamp; 2. A 15 inch culvert,
20 feet long, be placed in the ditch; 3. Clean fill to be used for the road;
4. Zoning Administrator to inspect upon completion. Seconded by Supervisor
Sweitzer. Motion carried.
Vote to approve: Kinney, yes;
Sweitzer, yes;
Meinke, yes.
All variances approved must be acted on or constructed within one year
from date of approval or they shall be null and void.
Edith Sweitzer, Secretar}
St. Croix County Board of Adjustment
ES:HB:mj
Benjamin Boe
Clerk, Town of Cylon
Dan Koich, D.N.R.
'N
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
Eau Claire Area Office C&m#D.6esadny
Secretary
2004 Highland Avenue
Eau Claire, WI 54701-4346
October 13, 1986 File Ref: 3-WC-8 -
i
Mr . Benjamin Boe
Route 1, Box 301 _ ` 1 {D
Deer Park, WI 54007 r-
`r:
Dear Mr. Boe:
Re: Roadway Construction, Willow River, St. Croix Co.
We have reviewed your application for a permit to construct a roadway
across a wetland adjacent to the Willow River in St. Croix County and
we have approved your application with limitations. Attached are the
limitations or conditions that you must comply with. One copy is for
your records and the other copy is for your contractor. A copy of
these conditions must be kept at the project site.
Please read these permit limitations/conditions carefully so that you
are fully aware of what is expected of you. If you fail to comply with
the conditions, your permit could be revoked, you could be ordered to
restore the area to its original condition or take other corrective
measures so you could be required to pay a fine or forfeiture.
Your next step is to notify the person assigned to monitor your project
of the date you plan to start your project. Please use the
preaddressed card to provide this notification at least five days
before starting your project. Please remember your permit is not valid
unless you do this.
If you have any questions, I would be glad to help you. You can
contact me at 839-3769. Good luck on your project.
Si erely,
. e~~
Daniel Koich
Water Management Specialist
DK/ j s
attachment
PERMIT
Permit No. 3-WC-86-1753
Benjamin C. Boe, Route 1, Box 301, Deer Park, WI 54007, has been
granted a permit according to section 30.12, Wis. Stats., to construct
a road approximately 200 feet long and 26 feet wide, for agricultural
purposes, across a wetland adjacent to the Willow River. The roadway
will have one 15-inch diameter, 22 ft. long culvert installed to pass
water. The project will be located in the SW 1/4 SE 1/4 of section 16,
Town 31 North, Range 16W, St. Croix County.
THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. This permit expires on December 31, 1987 if the project is not
completed before then. No construction may begin or continue
after this date unless a new permit or permit extension is granted
in writing by the Department.
2. You must complete this project according to the plans you
submitted. If you wish to make changes in the project you must
submit your new plans to the Department. The Department then must
approve the changes in writing before you start or continue your
project.
3. You are responsible for obtaining any permit or approval required
for your project by municipal, town or county zoning ordinances or
by the U.S. Army Corps of Engineers before starting your project.
4. 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.
5. The Department may change or revoke this permit if the project
obstructs navigation or becomes detrimental to the public
interest.
6. Your accepting this permit and beginning the project means that
you have read, understand, and agree to follow all conditions of
this permit.
7. You must keep a copy of this permit at the project site at all
times until the project has been completed.
8. Conservation Warden Mark Pearce shall be notified not less than 5
times until the project has been completed.
9. Any area where topsoil is exposed during construction must be
immediately seeded and mulched or riprapped to prevent soil from
being eroded and washed into the stream.
FINDINGS OF FACT
The following are facts which the Department considered in making its
decision.
The project is as described in the permit and plans, and the
project site has been investigated by Department staff.
The proposed project 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, if the project is built in accordance with this permit.
I
The Department has determined that the grant or denial of this
permit would not be a major state action significantly affecting
the quality of the human environment.
The proposed project will adversely impact wetlands as defined in
Section NR 1.95(4)(c), Wisconsin Administrative Code. However,
the project meets the standards for approval set forth in NR
1.95(5) and (6), Wisconsin Administrative Code.
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 s.30.12(2),
Stats., and Chapters NR 115 and NR 116, Wis. Adm. Code.
CONCLUSIONS OF LAW
These are the legal reasons why the Department can issue your permit.
1. The Department has authority under the above indicated Statutes
and administrative rules, to issue a permit for the construction
and maintenance.of this project.
2. The proposed project is in conformance with Section NR 1.95,
Wisconsin Administrative Code.
3. The Department has complied with Section 1.11, Statutes.
NOTICE OF APPEAL RIGHTS: IF YOU DISAGREE WITH THIS DECISION YOU
HAVE CERTAIN APPEAL RIGHTS. YOU MAY WISH
TO OBTAIN THE ADVICE OF LEGAL COUNSEL
REGARDING ANY POSSIBLE APPEAL.
Any person aggrieved by this decision who meets the requirements
of s. 227.42, Stats., as renumbered by 1985 Wisconsin Act 182, may
seek a contested case hearing by serving a petition for hearing,
in accordance with the provisions of section 227.42, Stats., on
the Secretary of the Department of Natural Resources within 30
days after this decision is mailed by the Department.
Any person aggrieved by this decision may seek judicial review by
serving and filing a petition for judicial review in accordance
with the provisions of sections 227.52 and 227.53, Stats., as
renumbered by 1985 Wisconsin Act 182, within 30 days after this
decision is mailed by the Department.
Any petition for judicial review of this decision shall name the
Department of Natural Resources as the respondent. This notice is
provided pursuant to s. 227.48(2), Stats., as renumbered by 1985
Wisconsin Act 182, and should not be construed as an indication
that the Department believes that any person has a right to appeal
this decision.
Dated at Eau Claire, Wisconsin October 13, 1986
STATE OF CONSIN DEPARTMENT OF NATURAL RESOURCES
For the c ttary
' e L4
By
Danie Koich
Water Management Specialist
Eau Claire Area
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