HomeMy WebLinkAbout012-1012-70-000 (2)
STa CROIX COUN-fy
PLANNING & I ZONING
August 23, 2010 File#: LU87049
Thomas Rickard, property owner
Ryan Schaefer, St. Croix County LWCD, agent
1711 170th Street
New Richmond, WI 54017
Code Administration
715-386-4680 Re: Land Use Permit, Filling & grading on 12-24.9% slopes
Land Information c Parcel 904.30.17.55A, 31 acres, Town of Erin Prairie
Planning
715-386-4674 Dear Mr. Rickard:
Real Prope , This letter confirms zoning approval according to plans submitted by the
715-38o-4077 applicant on August 12, 2010 for the following activities that require a land use
permit:
Rec~;Jing
X15-386-4675 Staff finds that the proposed activity meets the spirit and intent of the St. Croix
County Zoning Ordinance with the following findings:
1. The property consists of 31 acres, is zoned Ag/Residential, and is located
in the Shoreland overlay District of the Willow River.
2. The project proposes repair of ongoing streambank erosion that deposits
sediment directly into the river. The repair includes installation of an 80 ft.
long rock channel designed by NRCS, which will eliminate erosion in the
ravine and result in a stable, non-erosive stormwater conveyance channel
based on plans developed by NRCS staff. The repair will extend within 10
feet of the river's water surface.
3. The Wisconsin Department of Natural Resources has been sent a copy of
the application for review and determination whether a Chapter 30 permit
will be required or an Individual Permit for grading on slopes that are
outside the Lower St. Croix Riverway District in compliance with 17.29(2)g.
4. The St. Croix County Land and Water Conservation Department has
reviewed the plans, participated in project design, and supports approval
of the project.
5. Pursuant to General Zoning Section 17.29(2)(c) - Filling & grading less
than 10,000 sq. ft. within 300 ft. of the OHWM on slopes 12% to 24.9% is
allowed with a Land Use Permit if standards 1. - 7.a & b. are met.
6. With conditions to install erosion and sediment control measures and
temporary diversions that direct runoff away from the ravine until
ST. CROIX COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HUDSON, W/ 54016 715-3864686 FAX
PZPCO. SAINT-CROIX. WL US W W W. C O. SAI NT-C R O IX. W I. U S
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p manent stabilization measure~s; ave beeh comp e e e protect will meet tlW ds in
1 .29(2)(c).1-7.
7. With conditions stipulated above, this project will meet the spirit and intent of the county
ordinance Section 17.26(3)(b) by preventing and controlling water pollution, by protecting
spawning grounds, fish and aquatic life and preservation of shore cover and natural beauty.
This appro al is for filing and grading to repair erosion damage and install a grade stabilization
structure ira ravine as indicated in the plans submitted and as provided in the following conditions:
1. PTror to commencing construction, the applicant shall obtain any permits required by
Federal, State, or town regulations for this project.
2. The applicants shall contact the Zoning Administrator prior to commencing grading and
stabilization and again when the construction has been completed.
3. Prior to commencing filling and grading within the ravine, erosion and/or sediment
control measures must be installed to intercept runoff from the area above the ravine
and provide temporary diversion and/or retention of stormwater runoff until the repairs
have been completed.
4. Upon completion of ravine repair and grade stabilization structure, the applicants or their
contractor shall apply soil stabilization matting, seeding for revegetation with native
species, and mulch in accordance with the approved plans and shall supplement with
additional erosion control measures as necessary to ensure that sediment-laden runoff
does not reach the Willow River. All erosion and/or sediment control measures shall be
maintained until permanent, self-sustaining vegetation is successfully established on all
disturbed areas of the site.
5. No phosphorous fertilizers shall be used to establish and maintain native vegetation on
the disturbed areas of the site, unless a soil test confirms that phosphorous is needed.
Upon completing the site work outlined as part of this land use permit application, the
applicants shall submit to the Zoning Administrator photos of the ravine stabilization area
and erosion/sediment control measures as viewed from all angles.
7. All activities approved as part of this land use permit shall commence within one year
from the date of approval and be substantially completed within two years, after which
time the permit expires. Prior to expiration, the applicant may request extensions of up to
six months from the Zoning Administrator. The total time granted for extensions shall not
exceed one year.
This approval does not allow for any additional construction, grading, filling, or clearing of
vegetation beyond the limits of this request. Any remaining site work above and beyond
what is identified as part of this land use permit application shall be subject to the review
and approval of the Zoning Administrator.
ST. CROIX COUNTY GOVERNMENT CENTER
1101 CARMICHAEL ROAD, HUDSON, W1 54016 715-386-4686 FAA
PZ@CO. SAINT-CROIX. W1. US W W W. CO. SAI NT-C R OIX. W I . U S
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Your inforAffl n wi remain on e` n ' e 5 Croix County Planning and Zoning Dept nt. It i
your responsibility to ensure compliance with any other local, state, or federal rules or regulations,
including but not limited to any permits that may be required by the Wisconsin Department of
Natural Resources.
Please feel free to contact me with any questions or concerns.
cere
c tL LCD-~1/1~-~-
Pamela Quinn
Zoning Specialist as Zoning Administrator
Enc: Land Use Permit #LU87049
Cc: Clerk, Town of Erin Prairie
Steve Olson, St. Croix County Land and Water Conservation Department
Carrie Stoltz, Wisconsin Department of Natural Resources
ST. CROIX COUNTY GOVERNMENT CENTER
1 10 1 CARMICHAEL ROAD, HUDSON, W1 54016 715-3864686 FAX
PZPCO. SA1NT-CRO1X. W1. US WWW. C O. SAI NT-C R OIX. W I. U S
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State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES
West Central Region Headquarters
Jim Doyle, Governor 1300 W. Clairemont Avenue
Matthew J. Frank, Secretary PO Box 4001
IDEPTOF Scott Humrickhouse, Regional Director Eau Claire, Wisconsin 54702-4001
AL RESOURC ES Telephone 715-839-3700
04 FAX 715-839-6076
TTY Access via relay - 711
10/18/2010 I P-WC-2010-56-03806
Tom Rickard
1711 170th St
New Richmond, WI 54017
Dear Mr. Rickard:
We have reviewed your application for a permit to grade more than 10,000 square feet on the
banks of the Willow River, located in the Town of Erin Prairie, St. Croix County. You will be
pleased to know your application is approved with a few limitations.
I am attaching a copy of your permit which lists the conditions which must be followed. Please
read your permit conditions carefully so that you are fully aware of what is expected of you.
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.
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 (715) 684-2914 Ext 119.
Sincerely,
Carrie Stoltz
Water Management Specialist
/cs
Cc: Marie Kopka, U.S. Army Corps of Engineers
Kevin Grabau, St. Croix County (via email)
Paul Sickman, WDNR Conservation Warden (via email)
Ryan Schaefer, St. Croix County (via email)
dnr.wi.gov
wisconsin.gov Primed on
Recycled
Paper
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES IP-WC-2010-56-03806
Tom Rickard is hereby granted under Section 30.19(4), Wisconsin Statutes, a permit to grade
more than 10,000 square feet on the banks of the Willow River, located in the Town of Erin
Prairie, St. Croix County, also described as Section 4, T30N, R1 7W, further described as 1711
170th Street, subject to the following conditions:
PERMIT
1. You must notify Carrie Stoltz at (715) 684-2914 Ext. 119 or email: Carrie.Stoltz
@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 10/17/2012. If you will not complete
the project by this date, you must submit a written request for an extension prior to the
expiration date of the permit. Your request must identify the requested extension date and
the reason for the extension. A permit extension may be granted, for good cause, by the
Department. You may not begin or continue construction after the original permit expiration
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 and by the U.S. Army Corps of Engineers before starting your
project.
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 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 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. You must submit a series of photographs to the Department within one week of completion
of work on the site. The photographs must be taken from different vantage points and
depict all work authorized by this permit.
10. For any violations of Chapter 30, Wisconsin Statutes or this permit, you, your agent, and any
involved contactors or consultants may be considered a party to the violation pursuant to
Section 30.292, Wis. Stats.
11. 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 standards in the Wisconsin Construction Site Best Management Practices
Handbook.
12. 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 should 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 should 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 water body to another.
4. Wash your equipment with hot (>1040 F) and/or high pressure water OR allow your
equipment to Dry thoroughly for 5 days.
13. The permit has been issued with the understanding that any construction equipment used is
the right size to do the job, and can be brought to and removed from the project's site
without unreasonable harm to vegetative cover or fish or wildlife habitat.
14. Any spoil piles must be protected from erosion by installing silt fencing around the perimeter
until construction is complete.
15. Erosion control measures must be inspected, and any necessary repairs or maintenance
performed, after every rainfall exceeding 1/2 inch and at least once per week.
16. All erosion control mats used for the project must contain biodegradable fill and
biodegradable netting with the "leno" or "gauze" weave (contains strands that are able to
move independently). Standard plastic netting without independent movement of strands
can easily entrap small wildlife moving through the area, leading to dehydration, desiccation,
and eventually mortality.
17. Erosion control measures must be in place at the end of each working day.
18. You must supply a copy of this permit to every contractor associated with this project.
FINDINGS OF FACT
1. Tom Rickard has filed an application for a permit to grade more than 10,000 square feet on
the banks of the Willow River, located in the Town of Erin Prairie, St. Croix County, also
described as being located in Section 4, T30N, R1 7W, further described as 1711 170th Street.
2. The project was designed by the St. Croix County Land & Water Department and is needed
in order to repair existing and prevent future erosion issues along a steep ravine. The
existing ravine will be filled and compacted using like or native soil to bring the area up to
grade. A channel will be cut and lined with geotextile fabric and rock. This channel will not
extend into the Willow River and is only meant to stabilize the upper bank area. Decreased
sedimentation from erosion will diminish the delta and will return the river to its natural
orientation. The project will disturb approximately .07 acres.
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, 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. No wetlands will be affected by this project. The Willow River is designated as an ASNARI
(Area of Special Natural Resource Interest) and a PNW (Priority Navigable Waterway). The
Willow River is not VHS infected at this site.
6. 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, 30.19(4), Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117, 150,
299, and 341 of the Wisconsin Administrative Code.
CONCLUSIONS OF LAW
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
If you believe that you have a right to challenge this decision, you should know that the
Wisconsin statutes and administrative rules establish time periods within which requests to
review Department decisions shall be filed. For judicial review of a decision pursuant to
sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or
otherwise served by the Department, to file your petition with the appropriate circuit court and
serve the petition on the Department. Such a petition for judicial review shall name the
Department of Natural Resources as the respondent.
To request a contested case hearing of any individual permit decision pursuant to section
30.209, 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, P.O. Box 7921, Madison, WI, 53707-7921. The petition shall be in writing, shall be
dated and signed by the petitioner, and shall include as an attachment a copy of the decision for
which administrative review is sought. If you are not the applicant, you must simultaneously
provide a copy of the petition to the applicant. If you wish to request a stay of the project, you
must provide information, as outlined below, to show that a stay is necessary to prevent
significant adverse impacts or irreversible harm to the environment. The filing of a request for a
contested case hearing is not a prerequisite for judicial review and does not extend the 30-day
period for filing a petition for judicial review. If you are not the permit applicant, you must
provide a copy of the petition to the permit applicant at the same time that you serve the petition
on the Department.
The filing of a request for a contested case hearing does not extend the 30 day period for
filing a petition for judicial review.
A request for contested case hearing must meet the requirements of section 30.209, Wis.
Stats., and section NR 310.18, Wis. Adm. Code, and must include the following information:
1. A description of the Department's action or inaction which is the basis for the request;
and,
2. A description of the objection to the decision that is sufficiently specific to allow the
department to determine which provisions of Chapter 30, Wis. Stats., may be violated;
and
3. A description of the facts supporting the petition that is sufficiently specific to determine
how you believe the project may result in a violation of Chapter 30, Wis. Stats.; and,
4. Your commitment to appear at the contested case hearing, if one is granted and present
information supporting your objection.
5. If the petition contains a request for a stay of the project, the petition must also include
information showing that a stay is necessary to prevent significant adverse impacts or
irreversible harm to the environment.
Dated at the Baldwin Service Center, Baldwin, Wisconsin on 10/18/2010.
STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
For the Secretary
By
Carrie Stoltz
Water Management Specialist