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HomeMy WebLinkAbout030-2000-70-000 r r implementing the plan and planting and maintaining native vegetation to substantially screen the dwelling, preserve wildlife habitat,and provide filtration of storm water runoff from the site consistent with the standards in the Shoreland District,the natural beauty and ecology of the shoreline will be protected and enhanced; 7. Staff from the St. Croix County Land and Water Conservation Department designed the project and separate staff have reviewed the plans and visited the site, and do not have concerns; and 8. The Wisconsin Department of Natural Resources has reviewed the plans and stated that a Chapter 30 permit will be necessary if grading over 10,000 square feet occurs on the bank of the lake, and that erosion control on this project is critical due to its close proximity to the lake. Based on these findings, approval of the land use permit is subject to the following conditions: 1. The applicant shall contact the Zoning Administrator before the project starts and after the project has been completed. 2. The applicant shall be responsible for installing silt fence around the project site in' accordance with the erosion control plan, and for maintaining the silt fence until permanent, self-sustaining vegetation is successfully established on all disturbed areas of the site. 3. No phosphorous fertilizers shall be used on the disturbed areas of the site, unless a soil test confirms that phosphorous is needed. 4. The native vegetation along the shoreline and within the 35-foot OHWM setback/shoreline buffer area shall be maintained and enhanced with additional vegetation—including native trees and shrubs -in order to: • substantially screen the dwelling from the pond during summer leaf-on conditions, • filter and slow storm water runoff from the site before reaching the pond, • prevent erosion and sedimentation along the shoreline,and • preserve the natural ecology and wildlife habitat of the shoreline(see Condition#7 below). 5. Within 30 days of this approval,the applicant shall obtain verification from the St.Croix County sanitary staff that the existing sanitary system will comply with the standards in the sanitary ordinance once the berm is removed.The applicant shall be responsible for taking any steps necessary to bring the system into compliance if it currently is not. 6. Within 30 days of completing the project,the applicant shall execute and record an affidavit against the property referencing the shoreline restoration plan and a maintenance and monitoring agreement for the vegetation within the shoreline buffer area with the Register of Deeds, and provide the Zoning Administrator with recorded copies of these documents. 7. Within 60 days of completing the project, the applicant shall submit to the Zoning Administrator photos of the project area as viewed from all angles, including the shoreline of Perch Lake. The applicant shall plant additional native trees and shrubs as required by the Zoning Administrator to meet the conditions above. This approval does not allow for any additional construction, structures or structural changes, grading, filling, or clearing of vegetation beyond the limits of this request. Your information will remain on file in the St. Croix County Planning and Zoning Department. It is your responsibility to ensure compliance with any other local, state, or federal rules or regulations.Please feel free to contact me with any questions or concerns. Sincerely, (r� y Shillco Land Use S cialist/Zoning Administrator Eric: Land Use Permit Protecting Your Waterfront Investment Cc: Clerk, Town of St. Joseph Steve Olson and Kyle Kulow, St. Croix County Land and Water Conservation Department Dan Baumann and Gary Lepak, Wisconsin Department of Natural Resources S? CROIX COUNIJ PLANNING &, ZONING October 31, 2007 File#: LU0092 Ted Macltiniller 130453 d Street Hudson, WI 54016 _ s Re: Mackmiller Land Use Permit,Filling and Grading in the Shoreland District <.:< MX 1304 53rd Street,Parcel#33.30.19.361B,Town of St.Joseph Dear Mr. Machrniller: Code Admrn i's trart 715-386-4680 This letter confirms zoning approval according to the plans you have submitted to remove an existing bean and restore the shoreline on the property referenced above. The property is Land Information YcY located within the Shoreland and Floodplain Districts of Perch Lake in the Town of St. Joseph. PI—nin finds. Staff Stands that the proposed project meets the spirit and intent of the St. Croix County Zoning 715-386-4674 .; ` Ordinance and Shoreland District with the following findings: 1. The project will entail removing fill and re-grading an area of approximately 8,500 square Real Prprty feet on slopes less than 12 percent.Filling and grading less than 10,000 square feet in area 715 -4677 on slopes less than 12 percent is allowed with a land use permit in the Shoreland District R cGrg pursuant to Section 17.29(2)(c)of the St.Croix County Zoning Ordinance; -386-4675 2. An existing single-family dwelling is located approximately 30 feet from the OHWM and below the regional flood elevation of Perch Lake,malting it a nonconforming principal structure.The applicant's property has flooded in the past and the applicant filled the basement of the dwelling as a flood proofing measure.Removal of the bean is not prohibited by the Shoreland Ordinance or the Floodplain Ordinance and will not change the nonconforming status of the dwelling;however,the applicant should be aware that the structure may be more prone to flooding and flood damage if the bean is removed; • s 3. The existing sanitary system was installed in 1971.It is unknown whether the system is located within the floodplain of Perch Lake. With conditions requiring the applicant to ensure that the sanitary system complies with the standards in the sanitary code once the berm is removed,negative impacts to the water quality of the lake will be minimized; 4. The St.Croix County Board of Adjustment approved several special exception permits to construct the existing berm in 1986, 1995,and 1997 when lake levels were high.The lake ,:. level has since receded and the applicant wishes to remove the berm to restore the natural characteristics and drainage of the site.At their regularly scheduled meeting on October vur `= 25,2007,the Board of Adjustment reviewed the land use permit application and found that no approval was required from them to allow for the bean to be removed; 5. The applicant submitted an erosion control plan featuring a silt fence between the project s area and OHWM of the lake. With conditions for maintaining the silt fence until self- sustaining permanent vegetation is established on all disturbed areas,prohibiting the use of phosphorous fertilizer to establish and maintain a lawn;implementing the erosion control plan;and recording a maintenance and monitoring agreement against the property for the proposed vegetation within the shoreline buffer area,negative impacts to the water quality of the lake will be minimized; "r?x. 6. The existing berm currently features established native plants,including several trees, which will be removed as part of the proposed project.The applicant submitted a native vegetation restoration plan designed by the St. Croix County Land and Water Conservation ' De art vegetation to restore native ve etation wit him With project the ro�ect area. co nditions for ST.CRO/X COUNTY GOVERNMENT CENTER 1101 CARM/CHAEL ROAD,HUDSON, W1 54016 715386-1686FAx POPCO.SA/NT-CRO/X.W.US W W W.CO.SAI NT-C ROIX.WI.US O � s � O a � c y E cc L y Q CL 'E V o 0 I=- Q � j am c , c m O a v D a� E a a °' 0 cc 0 F o w = v ' o •• V cv � o c E N .c Z v o o • C C. 1- m • � m C '- � L c c � o 0 E c � cX �i � oQ 84 1 1 9D 5 KATHLEEN H. WALSH REGISTER OF DEEDS ST. CROIX CO. , WI Document Number Document Title RECEIVED FOR RECORD State of Wisconsin 12/21/2006 11:00A11 Department of Natural Resources Priority Watershed and PO Box 7921 Priority Lake Program AGREEMENT Madison,Wisconsin 53707-7921 Cost-Share Agreement EXEMPT # Form 3400-068 (R 12/03) Page 1 of 5 Rfs'C FEE: 14.00 Notice TRANS FEE: This form is authorized by s.281.65,Wis.Stats.,and chs.NR 120 and NR 154,Ws.Adm.Code. COPY FEE Completion of this form is mandatory.Failure to submit a completed form to the Department of CC FEE: Natural Resources will result in the denial of cost-share funds.Personally identifiable information PAGES: S collected will be used for program administration and may be made available to requesters as Recording Area required under Wisconsin's Open Records Law[ss.19.31-19.39,Wis.Slats.]. Grantlnfbrmatioti.. For more information,call or contact: Governmental Unit (Grantee Name) SA Number Croix C a Miller St.Croix County LWCD 56- CL-06-3 1 Croix n S St C orx Cou },� 6 Ave. Suite 141 •7 19 0 8th in 154002 11 Baldwin,W Grant Number (715)684-2874-Ext.125 SCL-56000-N-97 Watershed (Project Name) PIN; St. Croix Lakes Name, f downer/Operator ast,F*st,M.1.) �4 �� ler ��e OC�lprn L . Mir, CKYY)I �lr Street Address ity State IP Code 1304 53rd St. Hudson WI 54016 Property Information Name of Landowner(s) (if not Operator) (Last,First,M.I.) Street Address ity State �113 Code Legal Description of Property-Contiguous sites under the same ownership: (add additional sheets if necessary) Section 28 rA ` ,r-[b �, t)7XN - R19W Y SE 114-SW 1/4 n St.Joseph E � IZ12 p� fdr ntify ach nonstructiorr ife within the prapbtty described above: iJ not dt)0)11cate#ull lep `deScH"p1116h'atpoerty; County Township Range E/W Section Quarter/Quarter(e.g.,NW'%of the NE'/.) St. Croix County Te N R T§W 28 SE 1/4-SW 1/4 N N N Agreement The property described above is enrolled in Wisconsin's Priority Watershed and Priority Lake Program.Cost-share funds are provided to the landowner/operator in return for the installation,operation and maintenance of best management practices(BMPs)designed to enhance water quality(see s.281.65,Wis.Stats.,and chs. NR 120 and NR 154,Wis.Adm.Code).This agreement commits the landowner/operator,their heirs,successors and assigns to fulfill the cost-share agreement until a satisfaction or release is filed by the governmental unit(grantee).(See s. NR 120.13(10),Wis.Adm.Code,for recording requirement with the County Register of Deeds.) Addenda which describe the BMPs,costs,installation schedule,and conditions are hereby incorporated into this agreement and are on file with the governmental unit(grantee)and the Wisconsin DNR regional office.The Governmental Unit(grantee)may include special conditions in this document by creating Addendum 3. This document was drafted by the Wisconsin Department of Natural Resources. I of 5 /9 C/y. KATHLEEN H. WALSH REGISTER OF DEEDS ST. CROIX CO. , WI Document Number Document Title RECEIVED FOR RECORD State of Wisconsin Priority Watershed and 12/21/2006 11:00AN Department of Natural Resources i Prorl Lake PO Box 7921 Priority Program 9 AGREEMENT Madison,Wisconsin 53707-7921 Cost-Share Agreement EXEMPT # Form 3400-068 (R 12/03) Page 1 of 5 REC FEE: 19.00 Notice TRANS FEE: This form is authorized by s.281.65,Wis.Slats.,and chs.NR 120 and NR 154,Ws.Adm.Code. COPY FEE: Completion of this form is mandatory.Failure to submit a completed form to the Department of CC FEE: Natural Resources will result in the denial of cost-share funds.Personally identifiable information PAGES: 5 collected will be used for program administration and may be made available to requesters as Recording Area required under Wisconsin's Open Records Law[ss.19.31-19.39,Wis.Slats.]. Grantoformation For more information,call or contact: Aleisha Miller Governmental Unit (Grantee Name) SA Number St.Croix County LWCD St. Croix County 56-SCL-06-31 1960 8th Ave.,suite 141 �►) Baldwin,WI 54002 {^ Grant Number (715)684-2874-Ext.125 SCL-56000-N-97 Watershed (Project Name) PIN; 0:90--/0 St. Croix Lakes Nam downer/Operator ast,Fjms M.I.) _pp Te ter ,Vv of J[vo Street Address ity rwi tate �IP Code 1304 53rd St. Hudson 54016 Property.Information Name of Landowner(s) (if not Operator) (Last,First,M.I.) Street Address ity State IP Code Legal Description of Property-Contiguous sites under the same ownership: (add additional sheets if necessary) Section 28 T(1 � (S ( .3 a � SE 114-SW 1/4 St.Joseph E �\ mot' Identify:each construction alts wlthirt ft)e roperty deacottedatiove:-DO riot Upltcats.# tt iegai descr ipti©tt of property County Township Range E/W Section Quarter/Quarter(e.g.,NW%of the NE'/.) t. rolx County N R19W 28 SE 1/4-SW 114 N N N Agreement The property described above is enrolled in Wisconsin's Priority Watershed and Priority Lake Program. Cost-share funds are provided to the landowner/operator in return for the installation,operation and maintenance of best management practices(BMPs)designed to enhance water quality(see s.281.65,Wis.Stats.,and chs.NR 120 and NR 154,Wis.Adm.Code).This agreement commits the landowner/operator,their heirs,successors and assigns to fulfill the cost-share agreement until a satisfaction or release is filed by the governmental unit(grantee).(See s. NR 120.13(l 0),Wis.Adm.Code,for recording requirement with the County Register of Deeds.) Addenda which describe the BMPs,costs,installation schedule,and conditions are hereby incorporated into this agreement and are on file with the governmental unit(grantee)and the Wisconsin DNR regional office.The Governmental Unit(grantee)may include special conditions in this document by creating Addendum 3. This document was drafted by the Wisconsin Department of Natural Resources. 1 of 5 Priority Watershed and Priority Lake Program Cost-Share Agreement Form 3400-068 (R 12/03) Page 2 of 5 Landowner/Operator Signed this Z� day of 20 . '4�1�4- A"�N Signature 1 of LandowndITOperator Signature of Landowner/Operator ll Typed Name of Landowner rat r Typed Name of Landowner/Operator STATE OF WISCONSIN ) Personally came before me this day of , P 20 , County )ss. th ve named_ t me own to be the persons)who executed the foregoing instrument and acknowledge the same. ignatu Notary Public Typed Name of Notary P blic Nolary'P blics�}y�d 1N County,Wisconsin My commission(is permanent)(expires 3 WI) Landowners (if not,opera r) If landowner section is not completed,check(X)one or both of the following that apply: FI Landowner is also the operator Cost-share agreement contains only high residue management,nutrient management,pesticide management, cropland protection cover(green manure) Signed this day of 20 Signature of Landowner (if not operator) Signature of Landowner (if not operator) Typed Name of Landowner(if not operator) Typed Name of Landowner(if not operator) STATE OF WISCONSIN ) Personally came before me this day of 20 County )ss. the above named to me known to be the person(s)who executed the foregoing instrument and acknowledge the same. Signature of Notary Public Typed Name of Notary Public Notary Public County,Wisconsin My commission(is permanent)(expires 1. Governmental Unit (grantpp) Signed this 5th day of December 20 06 ''�� Aleisha Miller �I ttlf of A " ernmental Unit Representative(grantee) Typed Name of Authorized Governmental Unit Representative(grantee) t 1�IS06NSIN = ) Personally came before me this 5th day of December 2006 �+ d06" ' 'R ) Aleisha Miller t_' } Z County )ss. the above named �•r '•,• rt: �, ) to me known to be the person(s)who executed the foregoing instrument and acknowledge the same. SAN Jonna M. Fedie a e of Kota ubtic Typed Name of Notary Public Lary Public St. Croix County,Wisconsin My commission(is permanent)(expires 3/8/2009 2of5 Priority Watershed and Priority Lake Program Cost-Share Agreement Form 3400-068 (R 12103) Page 3 of 5 Other Signer—Specify title or relationship: Signed this day of 20 Signature Signature Typed Name Typed Name STATE OF WISCONSIN ) Personally came before me this day of 20 County )ss. the above named to me known to be the person(s)who executed the foregoing instrument and acknowledge the same. Signature of Notary Public Typed Name of Notary Public Notary Public County,Wisconsin My commission(is permanent)(expires ) Other Signer—Specify title or relationship: Signed this day of 20 Signature Signature Typed Name Typed Name STATE OF WISCONSIN ) Personally came before me this day of .20 County )ss. the above named to me known to be the person(s)who executed the foregoing instrument and acknowledge the same. Signature of Notary Public Typed Name of Notary Public Notary Public County,Wisconsin My commission(is permanent)(expires )• Other Signer—Specify title or relationship: Signed this day of 20 Signature Signature Typed Name Typed Name STATE OF WISCONSIN ) Personally came before me this day of 20 County )ss. the above named to me known to be the person(s)who executed the foregoing Instrument and acknowledge the same. Signature of Notary Public Typed Name of Notary Public Notary Public County,Wisconsin My commission(is permanent)(expires 1. UCheck box if this page purposely left blank. 3of5 Priority Watershed and F riority Lake Program Cost-Share Agreement Addendum 1 -Terms of the Cost-Share Agreement Form 3400-068 (R 12/03) Page 4 of 5 Section A—General Requirements A 1. This agreement is subject to the provisions of s.281.65,Wis. Stats.,and chs.NR 120 and NR 154,Wis.Adm. Code. A 2. This agreement is effective from date signed by all parties through the end date of all operation and maintenance periods. A 3. The parties to this agreement may not discriminate against any contractor hired to fulfill any responsibility under this agreement because of age,race, religion,color, handicap,sex,physical condition,developmental disability, or national origin. A 4. The state cost-share rate for each BMP listed in Addendum 2 of this agreement is based on the eligible costs actually incurred and substantiated,subject to cost containment procedures in chs. NR 120 and NR 154,Ws.Adm. Code. A 5. This agreement may be amended by mutual agreement of either party,so long as the agreement has not yet expired. A 6. If a significant archeological or historical site is found,construction is to cease immediately and the BMP will be relocated, redesigned,or deleted to prevent damage to the archeological or historical site.The BMP may be deleted only if approved in writing by the Department of Natural Resources. A 7. Any loss of cost sharing that results from a cost-share recipient's failure to abide by the conditions of this agreement,or that results from a landowner's voluntary partial or full release from this agreement,shall not invalidate a determination made under s.NR 151.09 or 151.095,Wis.Adm.Code,that cost-sharing has been made available to comply with performance standards or prohibitions. Section B—Landowner/Operator Shall: B 1. Design, install,operate and maintain BMPs listed in Addendum 2 of this agreement according to the specifications identified in chs. NR 120 and NR 154,Wis.Adm.Code,and as identified in the grant agreement between the governmental unit(grantee)and the Department of Natural Resources,which provides cost-sharing funds for this project. B 2. Operate and maintain BMP for a minimum of 10 years,beginning when the final BMP covered by this agreement has been installed, except when payment is made for riparian buffers and grassed waterways under s. NR 120.18(1)(02,Wis,Adm.Code,then the operation and maintenance period shall be a minimum of 15 years. When not required as a component of another BMP,the following BMPs are exempt from the 10-year operation and maintenance period requirement and only need to be maintained during the years for which cost sharing is received: • High residue management • Cropland protection cover(green manure) • Nutrient management • Pesticide management B 3. Allow access to the installed BMP by the governmental unit(grantee),the Department of Natural Resources and the Department of Agriculture,Trade and Consumer Protection for site inspection of the BMP for installation,operation and maintenance. B 4. Pay for the full cost of BMPs installed under this agreement,then seek reimbursement from the governmental unit(grantee).The landowner/operator shall repay to the governmental unit(grantee)cost sharing related to the installation of one or more BMPs if any term of this agreement is not fulfilled,including any of the following: a. Failure to install, operate or maintain a BMP in accordance with the terms of this agreement and s.281.65,Wis. Stats.,and chs. NR 120 and NR 154,Wis.Adm. Code.Repayment of cost sharing received is not required if the governmental unit(grantee) determines a BMP is rendered ineffective due to circumstances beyond the landownerloperator's control[see s.NR 120.13(8), Wis.Adm.Code). b. Adopting or changing any land use,practice or management which defeats the purpose of any BMP covered by the cost-share agreement or the nonpoint source grant agreement. c. Changing land use or management on the entire property described in this agreement which may cause sources of pollution which were adequately managed at the time this agreement was signed to produce a significant increase in pollutant loading to surface water or groundwater counter to the water resources objectives of the approved nonpoint source control plan. If a significant change in land use or management occurs,the landowner shall control the source at his or her own expense or return the full amount of all cost-share payments. B 5. Provide the governmental unit(grantee)with copies of invoices,bills,canceled checks and other proof of the costs and expenditures for BMP installation.The landowner/operator waives all rights to cost-share funds where costs and expenditures have not been documented. B 6. Amend the cost-share agreement with the governmental unit(grantee)if BMPs are added or deleted and to add or delete BMPs only when the BMPs are consistent with watershed project objectives as required by s. NR 120.13(4)(1),Wis.Adm.Code. B 7. Prepare and submit an annual progress report in pollutant reduction of a critical site, if requested by the governmental unit(grantee) subject to availability of cost-sharing funds as required by s. NR 120.13(4)(m),Wis.Adm.Code. B 8. Eligibility for state funding is contingent upon the timely payment of child support or maintenance payments. Delinquency in child support or maintenance payments will result in nonpayment of state cost-share funds. Section C—Governmental Unit(Grantee)Shall: C 1. Provide cost sharing to the landowner/operator consistent with Addendum 2,contingent upon the availability of state funds. If funds are not available to install all BMPs,the governmental unit(grantee)shall amend the cost-share agreement with the landowner/operator. C 2. Provide for technical assistance for the design of BMPs listed in Addendum 2 of this agreement,and any amendments,unless the landowner/operator provides BMP design which has been approved by the governmental unit(grantee). C 3. Make cost-share payments to the landowner/operator after payment is requested and evidence of contractor payment by the landowner/operator has been received, and the governmental unit(grantee)verifies proper BMP installation. C 4. Preserve all grant records for a period of 3 years after the lifespan of the longest-maintained BMP.The governmental unit(grantee) shall make these documents available to the Department of Natural Resources upon request. 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