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Home My WebLink About46000080047000_Conditional Use Permits_07-02-1986Conditional Use Permits Barcode 128 Conditional Use Permit CUP^ 6emp___________,___ LiOCSltlOll! Lake ^ Twp M Range v37 Twp NamejQtfcO^li w 0 loo' o(E yjo.u' of E Vz.Q-f j Issued_^Jr5_ 19-34^ >' Work Authorized la' i ' : <5^^^OWNER’S NAME: ADDRESS-Ufifc_tSl3€0 cr 0 r , Expires 1937® Work AiitVinny.ea Jill ntctr caitn i (p”U(w ic^ ridtp MO rundt-( 4o \oJ^j^/0 -foot V/tde iA>A.lKa>a<i IOt te tcUCEShoye. CD UkxiKuJCua 2x> frft.4 (h. r^id \L% ridiP NO run^ to ^oclef lo ta*3eshDr&. d) UkdKujaAi up v>tL^ rro ^asfr gAy af fciH wu ol-SKorgU»»<U pto niU^a OL^kOt/ftt NOTE: This'rard shall be placed in a conspicuous place not more than 4 feCT above grade on'me premises on which work is to be done, and shall be maintained there until completion of such work. Notify Department of Land and Resource I I ^ Telephone (218) 739-2271 when authorized work has been completed.Man me OTTER TAIL COUNTY, MINNESOTA Board of County Commissioners b'j Co^Ji>^X^^^DMINISTRATOR, Land and Resource Management 1. Entire area shall be stabilized within 10 days of the completion of the moving project. 2. Owner is legally responsible for all surface water drainage that may occur. 3. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Depart ment of Natural Resources. 4. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecu- ® ivio''°"E(vmLHowNfa maV Be j^,j6 0 o r- 7^ D r4^ Si — V ■ OTTER T^iL COUNTY Conditional Use Permit CIJP^ ()eyin*^ P&WHQio ^/ & uriri\jfon, PaJIs ■ LiOCation! lake No..^i^._3-Twp.Ji|LRangeA3?_Twp. NameOfetCJ^ W ml loo'- 0^ B $10,1 op E VzJ^ Issued 1Expires 1-3 .19.E! Work AuthorizeaAd o-iecL nt^r c«i^n ^ Atfi vc^ ridtp MO 4o \oJfX^ tO ^oot V/td€ lof n> loJCesKore. @ UialKvAicui gaN«- gAit faHwL. otf shorgU^Nu j^rxtma (X^twa NOTE: TTis.'rarti shall be placed in a conspicuous place not more than 4 fetS above grade on'me premises on which w Owner s Name:i Address Zo Pia.-*- to be done, and shall be maintained there until completion of such work. Notify Department of Land and Rest ManiV^men/tf Telephone (218) 739-2271 when authorized work has been completed. QTTER TAIL COUNTY, M1NNE5 §oard of County Commissioners Cor/>S. •'/ 7 / // ^ / Administrator, Land and Resource Management ' / 1. Entire area shell be stabilized within 10 days of the completion of the moving project. 2. Owner is legally responsible for all surface water drainage that may occur. . I3. No fill shall enter or be taken from the beds of a'public water without a valid permit from the State of Minnesota C ment of Natural Resources. 4. If the terms of this permit are violated the entire permit may be revoked arid the owner may be subject to legal pr . 7 AUu 31 ]f37 G56205 - APPLICA TION FOR CONDITIONAL USE PERMIT - Shoreland Management Ordinance Otter Tail County Fergus Falls, Minnesota 56537> » 5^n19/6 Application Fee $Rec. No.Date: Twp. / 3 y Range ^ ^ Twp. Name *■ T^Legal description of land; Lake No. (SoLake Name (TP 7~T-*''Lake Class Fire No.Legal Description: C.i £=>5/^ 3 S-*<r Gr o {J ^ Ao ^ J7 »/ o-ftv ^Cc;]n!7 0* Otter Tail I cr O'; <-„rj n M/ ^ v,-;‘7:n ins;w- ' > CCGgQ5 Parcel Number: / Th-e rh. Proposed Use of Land: ft' o 1/ r <J ft L i~ >■ o *" ^ ^ "f a/'/ J- ^ a ~Th-t 7~ S~GZ tf- h-e jf cC Si^hc tt i ^ TH -P thi^T C '-o 5 S ^Z V uy In order to properly evaluate the situation, please provide as much supplementary Information as possible, such as: maps, plans, T SHALL BE PRESENT AT THE SCHEDULED HEARING.finformation about surrounding property, etc. APPLICI ^aiies Qt'yirji^/'S 'f PAn^-e/Z-f iFdut tui ti-A/ ? //^/ A/ F-**-Address:«T A/B^/ Qyv,ner: 71Home Ph. Bus. Ph.j^pUcant Signature:/3cue> f- »:h>. 19 Time:Date of hearing: Conditional Requirements: F jLUL C\^\JLtr~ y^juuv''. "to • ^Lci.^K-c.iViCjirt. ' t<v_' .AtjLoL''j d-ld! .''UEfif,CLoJi^tAO'’ A * o .jyvO9^>(OLCX>t^J u_)JLt-> 0-<.XOSS jlcT O y rA.VjLSLi-t}’ This application is hereby recommended for approval by the Otter Tail County Planning Advisory Commission. n:^v\Jot^NisChairman 'Srd -3<U ^Cj IQApproved by the Board of County Commissioners of Otter Tail County this day of \X Chairman Special Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulaticyis and 10Minnesota Commissioner of Natural Resources notified this day of 19 mvCONDITIONAL USE PERMIT NO. MKL.Q871.01-01 Mmco^ K. Lee, Shoreland Administrator Otter Tail County, Minnesota 220707 @ VICTOR LUNOEfH CO.. PRINTERS. PEROUB fALLS. MINN. . » Thjs ncrtice of aiJthQrization conspicuously displayed at Ih site of wor^ United States Army Corps of Engineers 19_azMar 6 place gravel and dirt over two 10-inch culverts for an access path in wetlands adjacent to Otter Tail Lake A pernnit to in Otter Tail County, Minnesotarange 39 Wat Section 8, township 134N • »• » Mar 6Dennis and Paulette Bowman 19_87has been issued to on1106 North Burlington Fergus Falls. Minnesota 56537Address of Permittee Permit Number 86-957-68 District Commaruif^-'^ JOSEPH BRiGSS COLONEL. CORPS OF ENGINEERS fPropoMnt; 0AEM-C\ff^fENG FORM 4336 , Jul 81 (ER, \ ^ 45-2-303) edition of JUL to may be used 1 Scale: Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM Dated: Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures.^ hf- - [A/RoAd t' /' I f 1 , J ; t -.-4- U//9 I »■ [ ! 21598 7®VICTOR LUNDCCN CO.. PRINTERS. FERCU8 PALLS, WINN. !■ G )Z>9^y\n'iS> j^owj r^O\y-^ , / ■; UWL.f , 'V.! A I ' Ci? (0 0 v->D <2- V^V^^ s h <A v~SLY\ir\\ 5, I 0} I' G 7 >M^'v 3 > DEC 3 0 1986 CEP.TIFir.D MAIL - RE‘rJP.^J RECEIPT REQUEP.TCD CO-RF KOLB/fb/7557Construetion-Opere tions Regulatory Functions (65-957-68) Dennle and Paulette Bowman 1106 North Burlington Fergus Falla, MioDfiaota 56537 Dear Mr, and Mrs. Boraam This concerns your application for a Deportment of the Army permit to discharge fill aaterial in a wetland adjacent to Otter Tall Lake to create an access path to the lake. We have concluded our review, and I-have determined that iasuance of the requeated permit would be .contrary to the pobllc Interest for the reasons stated in the attached Statement of Findings. A project is considered to be contrary to the public interest when a feasible alternative axiats that la less environmentally damaging. In thia caae. I have determined that contintMd use of the existing boardwalk and/or eonatruction of an additional boardwalk would be feasible. Ihe benefits of this project do not outweigh the permanent, detrimental affect that filling would have on the ezieting wetland resource. Therefore, I must dei^ your request. If you have any queations, plaaae call Judi Kolb at (612) 725-7557. Sincerely, Jos Colonel, Corps of Engineers District Engineer Enclosure KOLB C0“R F FELL CO-RF 7?=^ . HAUGER C0-RF66^ WOPAT CO-RF TOED TER OC > BRAAIZ CO-t G0E12 CO NELSON D NCSCO-RF (86-957-68) Dennis & Paulette Bowman STATEMENT OF FINDINGS OF TOE DISTRICT ENGINEER 1. INTRODUCTION Mr. Dennis Bowman submitted an application on August 8, 1986, to place fill material in a wetland adjacent to Otter Tail Lake. Tbe applicant stated that he would like to construct a gravel access 80 feet long, 10 feet wide to a depth of 6 inches to 2 feet. A more complete project description appears in the public notice, which is part of the attached environmental assessment. 2. JURISDICTION a. This wetland is a water pf the United States as defined in 33 CER 323.2(a)(7) because it is a wetland adjacent to a tributary to a navigable water of the United States. It is adjacent to Otter Tail Lake which flows -into the Otter Tail River and then into the Red River of the North, a navigable water of the United States. The wetland is a palustrine emergent shallow marsh with cattails, sedges, grasses, and duckweed. b. The discharge of dredged or fill material into this water of the United States requires authorization under Section 404 of the Clean Water Act (33 U.S.C. 1344). An individual Department of the Army permit is required under 33 CER 323.3(a). c. This project involves a discharge of fill material as defined in 33 CFR 323.2(1). 3. APPLICATION REVIEW DATA a. Public Notice A public notice was issued on September 4, 1986, and expired on September 19, 1986. b. Environmental Assessment An assessment has been completed concerning the environmental effects of the project. The following is a summary of the more comprehensive information contained in the permit file. c. Public Hearing No request for a public hearing was received and no hearing was held. 1 d. Site Visits District personnel visited the project site on November 2A, 1986, during the public interest review process. Meetingse. District personnel met with the applicant on November 24, 1986, during the site visit. 4. PUBLIC AND AGENCY COMMENTS a. Public Comments No written comments from the public were received. b. Federal, State and Local Agency Comments The Minnesota Department of Natural Resources (DNR) stated during a phone conversation that this wetland is very productive and that allowing this project could lead to requests from other landowners to place fill material. The DNR indicated that it does no^ have permit jurisdiction over the project. The State Historic Preservation Officer stated that no known sites of historic, architectural, cultural, archaeological, or engineering significance are within the area of the proposed project. The U.S. Fish and Wildlife Service (FWS) stated in a letter dated September 17, 1986, that it will not object to the issuance of this permit provided the bottom width of the proposed walkway fill does not exceed 15 feet and an equalizer culvert is installed (unless it is deemed unnecessary) to maintain the normal water flow patterns within this wetland area. The U.S. Environmental Protection Agency (EPA), in a phone conversation on September 16, 1986, stated it had no objections to the project. 5. OTHER AUTHCRIZATIONS REQUIRED This discharge of fill material requires certification from the Minnesota Pollution Control Agency under Section 401 of the Clean Water Act. On October 21, 1986, this certification was waived. VIEWS OF THE DISTRICT ENGINEER ON ENVIRONMENTAL EFFECTS OF THE IROJECT6. See the attached environmental assessment. 7. PRIVATE AND PUBLIC NEED a. The project would provide benefits to the applicant by satisfying a private desire for a fill access to the lake. The proposal would also facilitate the installation and removal of a boat lift and dock. 2 Due to the anticipated private use of the proposed fill access there would be little public benefit gained by tbe project. b. 8. ALTERNATIVES TO THE PROJECT A feasible alternative that would accomplish the project objective and would be less environmentally damaging has been identified. The applicant could use tbe existing boardwalk for access and could use a public boat ramp located less than mile from project site. 9. CONFCRMIT? WITH GUIDELINES FCR THE DISCHARGE OF DREDGED CR FILL MATERIAL a. The wetland involved is an important wetland as defined in 33 CFR 320.4(b)(2) because it serves important natural biological functions, in cluding food chain production, general habitat, and nesting, spawning, rearing and resting sites for aquatic or land species; is a wetland the destruction or alteration of which would affect detrimentally natural drainage characteristics, sedimentation patterns, .salinity distribution, flushing characteristics, current patterns, or other environmental characteristics; serves as a valuable storage area for storm and flood waters; and serves to purify water through natural filtration processes. The evaluation of this application has also included consideration of the following criteria set forth by the U.S. Environmental Protection Agency in Title 40, CFR, Part 230. b. No discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences. An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. If it is otherwise a practicable alternative, an area not presently owned by the applicant which could reason ably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity m^ be considered. Where the activity associated with a discharge does not require access or proximity to or siting within the special aquatic site in question to fulfill its basic purpose (i.e., is not "water dependent"), practicable alternatives that do not involve special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. In addition, where a discharge is proposed for a special aquatic site, all practicable alternatives to the proposed discharge which do not involve a discharge into a special aquatic site are presumed to have less adverse impact on the aquatic ecosystem, unless clearly demonstrated otherwise. 3 No discharge of dredged or fill material will be permitted which will have significantly adverse effects on human health or welfare, including but not limited to effects on municipal water supplies, plankton, fish shellfish, wildlife, and special aquatic sites. No discharge of dredged or fill material will be permitted which will have significantly adverse effects on aquatic ecosystem diversity, productivity, and stability. Such effects may include, but are not limited to, loss of fish and wildlife habitat or loss of the capacity of a wetland to assimilate nutrients, purify water, or reduce wave energy. No discharge of dredged or fill material will be permitted unless appropriate and practicable steps have been taken which will minimize potential adverse impacts of the discharge on the aquatic ecosystem. The project does not conform with these guidelines for reasons discussed in Section 11 below. 10. CORPS PERMIT ACTION ALTERNATIVES a. Issuance of the permit as requested. b. Issuance of the permit with modifications. c. Issuance of the permit with special conditions and/or mitigation requirements. Denial of the permit.d. 11. FINDINGS I find that I must deny the permit as requested because it is contrary to the public interest as discussed in 33 CFR 320.4. I have concluded that the benefits of the project do not outweigh its detriments. In general, the private benefits that would be provided by filling the wetlands to construct an access do not outweigh the detriments associated with the permanent loss of approximately 800 square feet of wetland. Ibis wetland provides important water quality functions in that it entraps and assimilates nutrients, retains runoff and sediments and assists in water quality maintenance. Although the project would provide private benefits, I have determined that a less environmentally damaging alternative exists. A recently constructed boardwalk is present at the site. This or an additional boardwalk could be used to gain lake access. Also, a nearby public ramp could be used for boat launching. Ibis permit action will not significantly affect the quality of the human environment; therefore, a Federal environmental impact statement is not required. J^ph Brig^ Colonel, Corps of Engineers District Engineer End Environmental Assessment 4