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HomeMy WebLinkAbout46000990936000_Conditional Use Permits_06-15-1994gjXDTm 762GG0 iPPLICATION FOR CONDITIONAL USE PERMIT Shoreland Management Ordinance Otter Tail County Fergus Falls, Minnesota 56537IF-4 Receipt No. 7S. DOLANO&RKOURCE Application Fee $ 3^^ - 70^0Phone;Owner;MiddleFirstLast Name 6^x jOTX SL^13> Stafe Z/p /Vo.CityStreet & No. ^7T£^ yptiL.. Lake Class D~TT^<^ 7>9<^ Lake NameLake No. 4 ill 3“?Twp. NameTwp. RangeSec. ///Legal Description;Fire # or Lake ID #■5? 1 f I 3-^ /Lo I ^ oTTed 0939'^oO90- 000-99-0^50-oao ^Parcel Number EXPLAIN YOUR REQUEST: I 6^0 /5” (y03j2^^ / J' CL /C^zr^ o?^ X ^5-. j2tFzZ^ ^ ,,4rZ- p£,4oc^-<3^ ^ In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. r -Vj.r> Lx419Application dated . X SIgnaturt Of Applicant10^ [.Office of County Recorder ^ -Coiati^-nf-iTjGTr Tail lher«byc#r%ihaiih«*iWtoinsniin^ toniKOfd In ttite otto on the dw <n'-^yinj’ _A.D. if^WA^OC/ ^«wdutyMicrofllmoda8Do^rfT><-^.r^ " 19 , hereby; - DO NOT USE SPACE BELOW - OO P. M^ - /19^ . Time;Date of hearing; The Planning Commission recommends to the County Board of Commissioners the foilowing: 6-1-94 Denied. T''^__day ot^i^rC^^The County Board of Comr^.'^sioners on this Denies the request. . ipproves this request as recommended by the Planning Commission. Approves as follows;Chairman Conditional Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and IS*^.19^ Minnesota Commissioner of Natural Resources notified this.day of r \/JCONDITIONAL USE PERMIT NO: Land & Resource Management Official Otter Tail County, Minnesota mailed copy of Application to Applicant.(Dat4/lnitial) MKL — 0390-006 267,088 — Victor Lundeen Co., Printers, Fergus Falls, Minnesota 1 i ! / Public Notice US Army Corps of Engineers St Paul District Mr. John Leonard Bleichner ISSUED: EXPIRES: APPLICANT:January 7, 1994 January 26, 1994 SECTION: 404 - Clean Water Act94-00255-IP-YSBREFER TO: 1. APPLICATION FOR PERMIT TO place fill material in a wetland adjacent to Otter Tail River in two areas for access paths. The purpose of the project is to gain access from two separate upland lots to the river. The applicant has stated that no other accesses exist on these properties. 2. SPECIFIC INFORMATION. APPLICANT'S ADDRESS: Box 102 Perh^un, MN 56573 The project site is located in Section 4, T. 134N., R. 39W.,PROJECT LOCATION: Otter Tail County, Minnesota. DESCRIPTION OF PROJECT: The applicant would place fill material in a wetland adjacent to Otter Tail River in two areas. One fill area would be 300 feet long and the second fill area would measure 180 feet long. The two fill areas would be 20 feet wide and 2 feet deep. Approximately 100 cubic yards of sand fillQUANTITY, TYPE, AND AREA OF FILL: material would be placed over 9,600 square feet of a Type 2/3 wetland area. The wetland is defined as a palustrine scrub- shrub with mainly broad-leaved deciduous vegetation in saturated soils. National Wetland Inventory Map, dated 1989, classifies this wetland as PSSI-EMC. VEGETATION IN AFFECTED AREA: The The fill material would be excavated from a channelSOURCE OF FILL MATERIAL: connected to the Otter Tail River. The surrounding land use is residential.SURROUNDING LAND USE: Approximately 100 cubic yards of sand material would be excavated from a channel connected to the Otter Tail River. DESCRIPTION OF DREDGING OR EXCAVATION: MITIGATION: The applicant has proposed a mitigation plan but specific details need to be developed. The plan includes expansion of an existing wetland northwest of the project site in Lot 4, Block 2, Sec. 4, T. 134 N., R. 39 W Otter Tail County, Minnesota. The applicant will be working with the Corps of Engineers and other resource agencies to fully compensate for the loss of the wetland. • f Proper erosion control methods would also be implemented by the applicant during construction of the project. K E C E I V E O JAN 13, iS34 LAND & HESCURGE January 7, 1994 * 'CENCS-CO-R (94-00255-IP-YSB) SUBJECT:Notice of Application for Petmit 3. REPLIES/COMMENTS. Interested parties are invited to submit to this office written facts, arguments, or objections within 20 days of the date of this notice. bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable, received may be forwarded to the applicant. These statements Should Comments Replies may be addressed to Regulatory Branch, St. Paul District, Corps of Engineers, 190 Fifth Street East, St. Paul, MN 55101-1638. Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Yvonne S. Berner at the St. Paul office of the Corps, telephone number (612) 290-5365. THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT.4. None were listed by the applicant or are known to exist in the permit area. However, Otter Tail County is within the known or historic range of the following threatened species: HabitatSpecies BreedingBald eagle This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 5. JURISDICTION. This project comes under the regulatory jurisdiction of the Corps of Engineers because Otter Tail River and its adjacent wetlands are part of the tributary system to the Bois de Sioux River, a navigable water of the United States. REGULATORY AUTHORITY: This application will be reviewed according to the provisions of Section 404 of the Clean Water Act. Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 Code of Federal Regulations 230). THE APPLICANT HAS STATED THAT THE FOLLOWING STATE PERMIT HAS BEEN APPLIED Minnesota Department of Natural Resources.FOR: 6. WATER QUALITY CERTIFICATION. This Public Notice has been sent to the Minnesota Pollution Control Agency and is considered by the District Engineer to constitute valid notification to that agency for water quality certification. The Minnesota Pollution Control Agency has indicated that it intends to review this project to determine the appropriate action under Section 401 of the Clean Water Act. Any comments relative to Minnesota Pollution Control Agency actions may be sent to: 2 January 7, 1994 CE;NCS-C0-R (94-00255-IP-YSB) SUBJECT:Notice of Application for Permit Minnesota Pollution Control Agency Permits Section Division of Water Quality 520 Lafayette Road St. Paul, Minnesota 55155 7. HISTORICAL/ARCHAEOLOGICAL. This public notice is being sent to the National Park Service, the State Archaeologist, and the State Historic Preservation Officer to determine if there are known cultural resources which may be affected by the described work. Any unknown archaeological, scientific, or historical data could be lost or destroyed by the work described in the permit application. However, the latest version of the National Register of Historic Places has been consulted and no listed properties (known to be eligible for inclusion, or included in the Register) are located in the project area. 8. PUBLIC HEARING REQUESTS. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 9. PUBLIC INTEREST REVIEW. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people. Environmental and other documents will be available for review in the St. Paul District Office. The Corps of Engineers is soliciting comments from the public.; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.Comments are used in the preparation of an '3 January 7, 1994 CENCS-CO-R (94-00255-IP-YSB) Notice of Application for PermitSUBJECT; Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. for a public hearing and to determine the overall public interest of the proposed activity. Comments are also used to determine the need FOR THE DISTRICT ENGINEER: S E. NICHOLSON, P. E. Chief, Construction-Operations Division Enclosure(s)j; 4 % i j4Gravelj^C - 27'30 long ,322 'T 135 N T 134 N :s> I J '"“"*'■’^5 0^9 = DEPARTMENT OF THE ARMY St. Paul District, Corps of Engineers Army Corps of Engineers Centre 190 Fifth Street East St. Paul, Minnesota 55101-1638 X.Z— T.-, I 61^27 !■v^'d•i OFFICIAL BUSINESS REGULATORY BRANCH LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL COURTHOUSE FERGUS, MN 56537 STATE OF I ’ WM] [Ml H DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS 1221 FIR AVENUE EAST FERGUS FALLS, MN 56537 218-739-7576 April 11, 1994 PHONE NO.FILE NO. lEJJQXij;:D U;APR I 8 1994 LAND & RESOURCE Mr. John Bleichner Box 102 Perham, MN 56573 Dear Mr. Bleichner: PERMIT APPLICATION 94-1111, OTTER TAIL RIVER, OTTER TAIL COUNTY Your application for fill to provide access to the Otter Tail River was viewed on April 7, 1994, by Area Hydrologist Terry Lejcher. It was determined that although the area proposed for fill is wetland, it is separated from the Otter Tail River by a berm and therefore does not require a Department of Natural Resources permit. However, this project is subject to the 1991 Wetland Conservation Act rules which are administered by Bill Kalar of the Otter Tail County Land and Resource Office. Please contact Mr. Kalar at 218-739-2271 regarding your proposal. We are requesting our St. Paul office to refund your application fee of $75.00. If you have any questions please contact me at 218-739-7576. Sincerely, /. /-evLA^CiZ.- Terrence R. Lejcher Area Hydrologist TRL/lf St. Paul Waters Region I Waters Region I Enforcement Region I Fisheries Region I Wildlife East Otter Tail County SWCD Otter Tail County Zoning USCOE cc: AN EQUAL OPPORTUNITY EMPLOYER W'//// NA-02670-06 Rev. 7/SO DEPARTMENT OF MESOTTA NATURAL RESOURCES LOCAL UNIT OF GOVERNMENT COMMENTS PART B Section I (To be completed by applicant) Address (Street, RFD, Box No., City, State, Zip Code)Name of Applicant nOHKl L. OLeiCHhJBl^ Range(s)County(ies)Section(s)Township(s)Quarter Section(s)PROJECT LOCATION Project will affect: (name and number of lake, wetland, or watercourse) I hereby submit this application for permit to. (mark proper box) I I appropriate water □ work in protected waters Section II (To be completed by local unit of government) The following local unit of government comments and/or recommendations are submitted for consideration by the Department of Natural Resources in the disposition of the referenced permit application. (YOUR RESPONSE MUST BE SUBMITTED TO THE DNR WITHIN 30 DAYS.) Water Appropriation Permit Applications and Protected Waters Permit Applications are to be sent to the DNR Regional Office. SEE REVERSE SIDE FOR CORRECT MAILING ADDRESSES). DateSignature of Applicant C 2 V 2. • DEC LAND & R£GCl!ii£E ^NO Qyes (if Yes, give viewer’s name)Was the proposed project field inspected by this local unit of government? Viewer’s Name Title Telephone No. (Area Code)DateAuthorized Signature Title ( ) Name of responding Soil and Water Conservation District, Watershed District, City or County OrreA taiu c-ountw 30k1//\I(^ Address (of the above named local unit of government) (DNR-Division of Waters addresses on back) ) •;<; ; ; ; i (i DNR - Division of Waters ! 1221 Fir Avenue East Fergus Falls, MN 56537 218-739-7576 ' ■ NA--02622-05 :Rev'.l2/91 ■ <^^DEPARTMENT OF NATURAL RESOURCES OFFICE USE ONLY. • p.a:no VPERMIT APPLICATION TO WORK IN PROTECTED WATERS OpM^'lf (INCLUDING OANI SAFETYl OswcD C2CIC □ W.D. auSCOE► ► Please read instructions before attempting to complete this application. 2 3 1993 Authorized Agent (if applicable)Telephone Number & area code rv'/i^inN OF m^3H-7ero P^fUiAm /y?/AfMoj-/> LOCATION OF PROPOSED PROJECT (^E SURE TO INCLUDE SKETCH SHOV\/ING HOW TO GET TO THE SITE) Applicant's Name (Last, First. M.l.) Address (Street. RFD. Box Number. City, State, Zip Code) I. II. Lot, Block, Subdivision B LocK 1 Township(s) No.Range(s) No. iJ Government Lot(s)Quarter Section(s)Section(s) No. A'if^ ^ // Project will affect □ Lake. 2SWetland or □ WatercourseCounty (r> ttn/i t/i / L l‘?tTnown) ////? tAtL /^hy/UtFire No., Box No. or Project Address N()i~ BB ^ui /^/^P \ IV. TYPE OF PROJECT (CHECK ONE)TYPE OF WORK PROPOSED (CHECK ONE)III. □ shore-protection □ obstruction □ harbor □ dam ^ other (specify) □ repair □ remove □ abandon □ other (specify) □ excavate J^fill □ drain □ construct □ install □ shoreline □ channel □ bridge □ sand blanket □ permanent dock □ culvert □ riprap □ wharf VI. LENGTH OF SHORELINE AFFECTED (IN FEET)ESTIMATED PROJECT COST $/ dooV. VOLUME OF MATERIAL FILLED OR EXCAVATED (IN CUBIC YARDS)____________________________________/ o a___________BRIEF EXPLANATION OF PROJECT: (EXPLAIN WHAT PROJECT CONSISTS OF AND HOW WORK WILL BE DONE) SANS P>ATN ^ VII. VIII. PURPOSE OF PROJECT: (Explain ^ this project is needed) ^ Woui^p L/Xe ft) Pfi/SB L. A /iW/W c IX. S<9 ^ ENVIRONMENTAL IMPACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental effects)X. XI.ALTERNATIVES (Other alternatives to the action proposed) /\/ XII.I hereby make application pursuant to Minnesota Statutes Chapter 103G.245 and all supporting rules for a permit to work in or affect the above named protected water(s) in accordance with all supporting maps, plans, and other information submitted with this application. The information submitted and statements made concerning this application are true and correct to the best of my knowledge. Signature ol ler or Auttwrized Agent STA lature of Leasee DateCOUNTY OF NOTARY NOT REQUIRED Distribution: White; ONR Blue; SWCD Green: Watershed District Goldenrod: City or County Pink; Army Corps of Engineers Canary: Applicant My comm|«^n expires ^^ture of Notary /-■ »• IA^DEPARTMENT of natural RESOURCES3CT ' OSTATE OF \ 6 \093 tP3lO S»DIVISION OF WATERS 1221 HR AVENUE EAST FERGUS FALLS, MN 56537 218-739-7576 October 14, 1993 FILEPHONE NO. John L. Bleichner Box 102 Perham, MN 56573 Dear Mr. Bleichner: PROJECT NOnnCATION, DNR PROTECTED WATERS PERMIT REQUIREMENTS, OTTER TAIL RIVER, OTTER TAIL COUNTY The Department of Natural Resources (DNR) is in receipt of your project notification to create an access path to the Otter Tail River. Based on our review of the notification form, maps and other project materials, we have determined the following: The project does not require a DNR Protected Waters Permit. Please be advised that you must obtain all required authorizations (local, state and federal) before beginning work.□ A DNR Protected Waters Permit application is required. ^Complete the enclosed application form and mail it to the DNR Regional Office in Bemidji at 2115 Birchmont Beach Road NE, Bemidji, MN 56601. Be sure to enclose the correct application fee. No permit can be processed until all application fees have been paid. Please be advised that any work in DNR protected waters or wetlands without a permit is a misdemeanor and is punishable by fines up to $700 and/or 90 days in jail. Thank you for your cooperation. If you have any questions, please contact Area Hydrologist Terry Lejcher at 1221 Fir Avenue East, Fergus Falls, MN 56537 or by telephone at 218-739-7576. Sincerely, DIVISION OF WATERS Terrence R. Lejcher Area Hydrologist Gerald Paul USCOE East Otter Tail County SWCD Otter Tail County Zoning cc: Enclosure AN EQUAL OPPORTUNITY EMPLOYER • «■TAKEiPRIDE IN AMERICAUnited States Department of the Interior FISH AND WILDLIFE SERVICE Route 1, Box 76 Fergus Falls, Minnesota 565372291 IN REPLY REFER TO: September 27, 1993 ♦receiver 2 S 1993 ^^0 5 RCSOUHCEotter Tail County Office of Land and Water Resources Courthouse Fergus Falls, MN 56537 Attention: Bill Kalar, Administrator Dear Bill: I have the reviewed the attached project notification form for John Bleichner's project to place fill in a wetland in the Otter Tail River Estates Subdivision. The U.S. Fish and Wildlife Service has no fee title or easement interests on the property to be impacted by the project. Therefore, no permits will be required from this office. Thank you for the opportunity to review the project. Sincerely, M■)y1 VSue Julison Wildlife Biologist LOCAL--STATE--FEDERAL PROTECT NOTIFICATION FORM Kw may use this form to notify the Minnesota D^artment of Natural Resources, the Army Corps of Engpteers, and your county and mwudpal offices of a project or work you propose which may fall within their ptrisdicdon. These r^endes should advise you of their jurisdiction, ^ arty, within 45 days of receipt this notfficatiorL This form is provided as a convenience and its use is o^iorud. You may, tfyou wish, ap[dyfor permits or authorizations using standard agency forms. Fill out this form corr^letely and mail a ct^, with plans, rrutys, etc. to each of the agencies listed on the reverse the form. Keep a copy (ff all rruuerials submitted for your records. You must nil required auAorizations before beannine work. Violations of local State, or Federal laws may be punishable by n/tminirtr/uive. dvil ondtor Criminal penalties. Authorized Agent, if any / . Area Code, Telephone / I. Applicant’s Name (Fust, Last, M.l.)/ /^i f.liK <t> i/- _________________________________________ Address (Street, RFD, Box Number, City, State, Zip Code) /1cr o k' / ojI V /yi / t/t "7 ^ LOCATION OF PROPOSED PROJECT (ATTACH DRAWING SHOWING HOW TO GET TO SITE) Range(s) No. Lot, Block, Subdivision lea ■ V o7~ / _________ Fire No., Box No., or Project Address County Work will affect___lake ✓ wetland waterwayRp / /? ////'//9/Z /) t A S'f‘0^7 ' Waterbody Name, No. (if known) in. ESTIMATED PROJECT COST: f Government lot(s) Quarter Section(s) Section(s) No. Township(s) No. Slack/^ k- U Aiv<rv' ag production LENGTH OF SHORE AFFECTED (in -f£5-C€>, IV. Volume of fill or excavation (cubic yds.): (NOTE: You may substitute dimensions) square feet.Area filled or excavated is acres, or “d-PJN 2oO-A fKO V: TYPE OF WORK AND AREA (Check all that apply): REMOVE SHORELINE X ACCESS PATH RIPRAP WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FU JF.DIDRAINED: Attach drawings and plans. Include a description c/ any proposed compensatory midgadorL Important: Identify any disposal and borrow areas. Describe the work below; how it would be done, what equipment woidd be used: EXCAVATE REPAIR CONSTRUCTFILL DRAIN DAM WETLAND LAKEWATERWAY DOCK CULVERT BRIDGE SAND BLANKET OTHER (describe):^ T_ R £ C E IV E r SEP 2 8 1993 VI. PROJECT PURPOSE ( why is this project needed—what benefits will it provide?): f:/s-rr^lAND & RESOURCE7^Coe J*- VU. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose cf your project while avading or minimizing wetlandtwater impacts: Attach additional sheets, ^needed). To^5 VIII. DATES- Activity proposed to begin on: Has any of the work been done? NO XT YES Be completed: (identify any completed work on drawing). IX. ADJOINING PROPERTY OWNERS (Attach list if more than two). ddress ft e i*' ZipStateNamel3(e>ct City li {■LZRk R:ir/^A.LP /PUa, <L t1.__£/bcf MJ. ta, ^ A crn A>file-L-c.kw A 020FI Lr W __ ARMY CORPS MN. POLLUTION CONTROL AGENCY. X. PERMITS have been received (enter an R) or already applied for (enter an A) from: ____COUNTY DNR TOWN/CITY Has an archaeological survey of the project site been done? /I/Z> WATERSHED DISTRICT If so, by whom: XT. I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determirujtions concerning this project that I must obtain. I understand that proceading with work before all required authorizations are obtained rtuty subject me to Federal, State, and/or local administrative, dvil and/or crimirutl perudties. Sigyiatt^ of PersotTPrt^osing Projec ^ <<< PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM»> 'f9 3DATE: (X I v\'| (t rvuMOM kL: €UJU4lA ^:A^ ^ (yuJj:ivu^ iM\XjLkJiAXtdJ Jdb, dt -tflHO lu dUyCfiA^dL duiUUycJ Jih4X^(SlOJu.^u>fLtL)). k>tu> PtMKHUih^ d^UMJb UVU^JUttli) Uj^uMcWtUi. / /, ^ • d .Uu mo 1* ti'.jwnycc 2Kb S 8 m CP v/?y & file memo & PARCEL # LAKE OR RIVER NAME & NO. ♦ ♦♦♦♦♦♦♦♦♦♦♦♦ ♦ ♦ ♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦ Joyce ThompsonDecember 19, 2008 Karen Zell-Verhelst, Real Estate Agent, called to find out the buildable status of this lot. She has a client interested in purchasing the property from Mr. Bailey. In researching both the file for this lot I found that it had been determined that this lot is unbuildable due to substandard lot width (at the building line). The previous owner, Mr. Diederich, filed a Variance in 2001 to have the lot declared buildable and the Variance was denied. I explained this to Karen when I called her to inform of this. L&R OfficialDate Action/Comments X Itvcxva. 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