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LTEMENT AND FEE TO: Permit #: Bayriald County Planning and Zoning Depart. PO Box 58 Washburn, WI 54891 (715)373-6138 INSTRUCTIONS: No permits will be issued until all fees are paid. k I D APPLICATION FOR PERMIT BAYFIELD COUNTY, WISCONSIN APR 0 5 2022 Date: /� Amount Paid: A� Refund: �k. 1ytp Chec s are made Faye a to. Bayne d County ton as apartment. r DO NOT START CONSTRUCTION UNTIL ALL PERMITS HAVE BEEN ISSUED TO APPLICANT. Original Application MUST be submitted FILL OUT IN INK (NO PENCIL) �WS Baylleld Co. 1 and Zoning TYPE OF PERMIT REQUESTED LANDUSE ❑ SANITARY ❑ PRIVY ❑ CONDITIONALUSE ❑ SPECIALUSE - B.O.A. ❑ OTHER Owner's2 (c N,eA 2D 1�AK2 24Mail1ngAdifiress:835 41VEaS Q.� WAs;B` k ! S4841 "I f 5 3�3—s`�3 Address of PropeIt : r% g a t s JI aiL• /JT City/S a[e/Zip: a� i - 1-r-- 5 GI / Cell Phone: `ZS W�l.. �T o1. r0 Email: (print clearly) DQ^�Q NC15• NET V�TT Contra cMrt.Q JJ Y Fi RA Contractor Phone: 115-3 2 Plumber: - ♦ ` , Plumber Phone: Authorized Agent: (Person signing Application on behalf of Agent Phone: Agent Mailing Address (include City/State/Zip): written Authoriwnon owner(56 ey k I Required(for Agent) PROJECT LOCATION Legal Description: (Use Tax Statement) Tax ID# I� ReSRrded ent:(Showin O nersh" J �_fG/( 1/4, 1/4 Gov't Lot a7 Lolls) CSM 1 & Page CSM Doc # t• �a14 Lot(s) # Block # Subdivision: �Se7li.n2_7, 7ownshi N, Range W P� � To nof. ( �'7 pELTn Lot Size Acreage, M r6Shoreland Is Property/Land within 300 feet of River, Stream (Ind. Intermittent) Creek or Landward side of Floodplain? If yes —continue Distance Structure is from Shoreline : feet Is your Property in Floodplain Zone? yes NO Are Wetlands Present. yYes /�No Is Property/Land within 1000 feet of Lake, Pond or Flowage If es --continue —► Distance Structu a from Shoreline: feet ❑ Non- Shoreland Value at Time Total # of What Type of Type of of Completion . include donated time & material Project Project # of Stories Project Foundation bedrooms on property Sewer/Sanitary Systems) Is on the property or Will be on the property? Water on property New Construction 1-Story -1 Basement 1 Municipal/City CI City .'. Addition/Alteration I -St ry+ : Foundation x 2 (New)Sanitary Specifyiype: Well ❑ S� 000 ❑ Conversion ❑ 2-Story Slab 3 Sanitary(Existsl Rne ifvT e - �'6SA- lie —�— - ❑ Relocate (existing bldg) ❑ - Privy (Pit) or I. Vaulted (min 200 gallon) Run a Business on Use None Portable (w/service contract) - Year Round Compost Toilet Property ❑ G i None Existing Structure: (If addition, alteration or business is being applied for) Length: I Width: I Height: / Proposed Construction: (overall dimensions) J Length: Width: 32 I Height: alCyytl'.l ,/lC,L .7� Proposed Use ✓ Proposed Structure Dimensions Square Footage ❑ Principal Structure (first structure on 1roperty) ( X ) ❑ Residence (i.e. cabin, hunting shack, etc.) ( X ) with Loft ( X ) Residential Use with a Porch ( X ) with (2rd) Porch ( X ) with a Deck ( X ) with (2nd) Deck ( X ) ❑ Commercial Use with Attached Garage ( X ) ❑ Bunkhouse w/ ( , sanitary, or -� sleeping quarters, or ❑ cooking & food prep facilities) ( X ) ❑ Mobile Home (manufactured date) ( X ) ❑ Municipal Use ❑ Addition/Alteration (explain) ( X 1 Accessory Building (explain) ( X ) - - - - ❑ - -Accessory Buiiding Addition/Aiteration (expiain) ❑ Special Use: (explain) ( X ) ❑ Conditional Use: (explain) ( X 1 ❑ Other: (explain) ( X 1 FAILURETO OBTAIN A PERMIT or STARTING CONSTRUCTION WITHOUTA PERMIT WILL RESULT IN PENALTIES I (we) declare that this application (Including any accompanying information) has been examined by me (us) and to the best of my (our) knowledge and belief it is true, correct and complete. I (we) acknowledge that I (we) am (are) responsible for the detail and accuracy of all Information I (we) am (are) providing and that it will be relied upon by aayfuld County In determining whetherm Issue a permit. 1(we) further accept liability which maybe a result of Bayneld County relying an this Information l(we)am (are) providing pplication.l(we)consent to county officials charged with administering county ordinances to have access to the above described proant,, at any reasonable r art ep mos�irmpeppn. I X////////// owners): � . . .. DateZ- (If there are Mul a Ow isted on the Deed All 0 ners must signor letter(s) of au horization must accompany this application) Authorized Agent: (If you are signing on tbehalf of the owner(s) Address to send permit ��'•'� ��V� 2S 49-1 0ASAA60" (See Note below) Date "Jai 5``�64 Attach Copy of lax Statement If you recently purchased the property send your Recorded Deed Turn Over r a oelow: uraw or bxetcn (1) Show Location of: (2) Show/Indicate: (3) Show Location of ("): (4) Show: (5) Show: (6) Show any ("): (7) Show any ("): APPLICANT- PLEASE COMPLETE PLOT PLAN rdless of what you are aooivina for, r Proposed Construction North (N) on Plot Plan Fill Out in Ink - NO PENCIL (*) Driveway and (*) Frontage Road (Name Frontage Road) All Existing Structures on your Property (*) Well (W); (*) Septic Tank (ST); (*) Drain Field (DF); (*) Holding Tank (HT) and/or (*) Privy (P) (*) Lake; (*) River; (*) Stream/Creek; or (") Pond (*) Wetlands; or (") Slopes over 20% Al �CE2l.1 [,raKE Rb .. Please complete (1) - (7) above (prior to continuing) (8) Setbacks: (measured to the closest point) Changes in plans must be approved by the Planning & Zoning Dept. Description Setback Measurements Description Setback Measurements Setback from the Centerline of Platted Road a Feet Setback from the Lake (ordinary high-water mark) a / o Feet Setback from the Established Right -of -Way 4=Z Feet Setback from the River, Stream, Creek Feet Setback from the Bank or Bluff Feet Setback from the North Lot Line Feet Setback from the South. Lot Line OFeet I Setback from Wetland Cpp Q /rh Feet Setback from the West Lot Line 'b Feet 20%Slope Area on the property ❑Yes No Setback from the East Lot Line Feet Elevation of Floodplain Feet Setbackto Septic Tankor Holding Tank Feet Setback to Well Feet Setback to Drain Field fTel Feet Setback to Privy (Portable, Composting) Feet Prior to the placement or ocromactlon of a structure within ten (10) feet of the minimum Assaulted setback, the boundary line from which the setback must be measured must be visible from one previously surveyed comer to the other previously surveyed comer or marked by a licensed surveyor at the owner's expense. r Prior to the placement or construction of a stwcAum more than ten (10)feet but less than thiny(W) feet from the minimum required setback, the boundary line from which the setback must be measured must he visible from one previously surveyed corner to the other previously surveyed comer, or verifiable by the Department by use of a corrected compass from a known comer within 500 feet of the proposed site of the structure, or must be marked by a licensed surveyor at the owner's expense, (9) Stake or Mark Proposed Location(s) of New Construction Septic Tank (ST). Drain field (DF). Holdin¢Tank (HT), Privy(P) and Well (W). NOTICE(s): All Land Use Permits Expire One (1) Year from the Date of Issuance if Construction or Use has not begun. For the Construction of New One & Two Family Dwelling: ALL Municipalities Are Required To Enforce The Uniform Dwelling Code. The local Town, Village, City, State or Federal agencies may also require permits. If subject property is part of a Condominium Plat, applicant hereby certifies and represents that applicant has all necessary approvals and recorded documents required to complete the project for which this permit Is sought Including requirements set forth in Wisconsin statutes pertaining to condominium associations, the Declaration of the Condominium Association In which the property is located, and all other rules, regulations and requirements pertaining to that Condominium Association. You are responsible for complying with state and federal laws concerning construction near or on wetlands, lakes, and streams. Wetlands that are not associated with open water can be difficult to identify. Failure to comply may result in removal or modification of construction that violates the law or other penalties or costs. For more information, visit the department of natural resources wetlands identification web page or contact a department of natural resources service center (71S) 685-2900. Issuance Information(County Use Only) Sanitary Number: J/c //0 7 fl of bedrooms: f ^ Sanitary Date: O'2y O Permit Denied (Date): Reason for Denial: Permit d: Permit Date: Is Parcel aSub-Standard Lot Parcel in Ownership Yes (Deed of Record) ENO ?rNo Mitigation Required _ Yes ENo Affidavit Required- Yes -iYo Is Common Yes (Fused/Contiguous Lct(s)) Mitigation Attached ❑ Yes No Afridavi[ Attached —. Yes iNo Is Structure Non -Conforming Yes ;/No J�A Granted by Variance (B.O.A.) Previously Granted by Variance (B.O.A.) '.``s-'b"No _- —. _ _ Cwaiy-_. _.... _ _._ _ - Ao _ —.___ Cased: Was Parcel Legally Created r !s C No Were Property Lines Represented by Owner -,Yes No Was Proposed Building Site Delineated �, es C No Was Property Surveyed _ Yes No Inspection Record: p / Zoning District I ( ) Lakes Classification'! I '� ) Date of Inspection: /a1 n Inspected b Date of Re -Inspection: Conditiop(s): Town, Co mittee or Board Conditions Attached? . Yes _ No- (if No they need to be attach i.) , Qa rl Q $ �Pa�s36d -,4io ►a To ONR L orlmoi p1l oe✓ovvJ evn d,'' ,"5 tj G d f r�u.���uv� •ins/w,7%d,�5 Signature of Inspector: Date of Approval: Hold For Sanitary: V Hold For TEA: Hold For Affidavit: ❑ Hold For Fees:. a 003.nuary 2000 (®August 2021) 5131/2022, 9:53:17 AM Building Footprint Oudine 2009-2015 Changed Existing Rivers Bayfield County, WI 1:783 Lakes -- Government Lot Survey Maps 0 0.01 0.01 0.03 ml • I , I � UnRecorded Map 0 0.01 0.03 0.06 km Meander Lines 0 Municipal Boundary Approximate Parcel Boundary All Roads Driveways Baru Town Buildings Section Lines Ba,fleld County LaM R.W. DepeN M allpe:llmapa Eaylleldc nly.W.9ovlBayneld AN ""-�ti ^.•�''� mil"`*: _� - __"yam �;� � � - n. tia LZ low } �pj•—yt13lldl*n371 A-ddvo 9 Q21NFI�?It7 ;..£9£:# dI xo1/QId2id r.- ,I� iy �._ �•.� =�` ,jam,,"' . � ..�. • .. �.� \._,- % r Id%3 111 dT'll �. �• ztio£I,# aI xoi/aidad- IM `i\lunoo plaijAeo t # oI xei/olddd 3MV1 N8311 PRPID/Tax ID # KERN LAKE PRPID/T CA S I Q14^ EFFd L�Ai; J J� i RICHARD G BARBARA u m IUby# '1 13042 C KOLB ~ ID # 13039t ANA CGURSKE PRPID/�xD:#_130 L GUF w. ` 5RKI)/Tax ID # 13156 `�`�- , LTHE W. BIGLOKERN LAKE TRU ST- � � n Bayfield County, WI PRPID/Tax ID THE BIGLOIN KERN Richard Barry 29835 Never. Rd. Washburn, Wl 54891 Collected N. Of 0 1 i.: J,t_ e . �.r 1 ` xo. 51�` �:R ems, l Approximate Study Nea WDNR 24K Hydrography Kern Lake Lot ® Sample Point Intermittent Town of Delta Welland Boundary Perennial Bayfield County, Wisconsin Welland too small to delineate Open Water WONR WWI Welland Mapping NRCS Bon survey Mapping DRAFT Figure 2. Maximum Ealent Welland Indidlors Wetland Delineation Map WI Parcel Data 2021 -- Cancer(2 torn Feel N ecos 0 50 100 150 2I Steins,llc `��'' Y 11I2022 C\GIS Prgeds\ECOIECO 220k_Kem Lake_Lr@2026 Flg2_WollanI Dellneetlrn.mxd RECEIV50 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 1701 North Fourth Street Superior, WI, 54880 September 26, 2023 Richard Barry 29835 Nevers Road Washburn, WI54891 [sent electronically] NOV 3 0 2023 Tony Evers, Governor Bayfield Co. Adam N. Payne, Secretary Planning and Zoning Agen Telephone 606-266-26211 Toll Free 1-886-93411m7463 TTY Access via relay - 111 GP-NO-2023.4-03032 RE: Coverage under the wetland statewide general permit to impact 0.009 acres of forested wetlands for residential, activities, located in the Town of Delta, Bayfield County Dear Mr. Barry: Thank you for submitting an application for a General Permit to impact wetlands from residential, commercial and industrial activities located in the SW 1/4 of SW 1/4, Section 27, Township 46, Range 07W, Town of Delta, Bayfield County. You have certified that your project meets the eligibility criteria for this activity. Based upon your signed certification you may proceed with your project. The discharge(s) from the proposed activity will comply with water quality requirements. Please re -read the permit eligibility standards and conditions. The eligibility standards can be found on the GP1 application checklist or in the GPI statewide general permit. The permit conditions are attached to this letter. You are responsible for meeting all general permit eligibility standards and permit conditions. This includes notifying the Department before starting the project and submitting photographs within one week of project completion. Please note your coverage is valid for 5 years from the date of the department's determination or until the activity is completed, whichever occurs first. The Department conducts routine and annual compliance monitoring inspections. Our staff may follow up and inspect your project to verify compliance with state statutes and codes. If you need to modify your project, please contact me, your local Water Management Specialist, at (715) 392-0803 or at Steven.LaValley@wisconsin.gov to discuss your proposed modifications. The Department of Natural Resources appreciates your willingness to comply with wetland regulations, which help to protect the water quality, fish and wildlife habitat, recreational value, and other functions and values wetlands provide to current and future generations. You are responsible for obtaining any other local, state, or federal permits that are required before starting your project. Sincerely, _5-K ,A< V Steven LaValley Water Management Specialist Email CC: USACE Project Manager Ruth Hulstrom- Bayfield County Zoning Lynna Matin- Conservation Warden Tim King- Ecosystems LLC You agree to comply with the following conditions: 1. Application. You shall submit a complete application package to the Department as outlined in the application requirements (section 2) section of this permit. If requested, within a reasonable timeframe you shall furnish the Department any information it needs to verify compliance with the terms and conditions of this permit. 2. Certification. Acceptance of coverage under general permit WDNR-GP1-2023 and efforts to begin work on the activities authorized by this general permit signifies that you have certified the project meets all eligibility standards outlined above and that you have read, understood, and agreed to follow all terms and conditions of this general permit. 3. Reliance on Applicant's Data. The determination by this office that a confirmation of authorization is not contrary to wetland water quality standards will be based upon the information provided by the applicant and any other information required by the Department. 4. Project Plans. This permit does not authorize any work other than what is specifically described in the notification package and plans submitted to the Department and is certified by you to comply with the terms and conditions of WDNR-GPI-2023. 5. Expiration. The time limit for completing an activity authorized by the provisions of WDNR-GPI-2023 ends 5 years after the date on which the activity is considered to be authorized under WDNR-GPI-2023 or until the activity is completed, whichever occurs first. The Department's use of general permit WDNR-GPI-2022 established under s. 281.36(3g) Wis. Stats. expires on June 30, 2028. 6. Written authorization for modification of scope. Any modification to the wetland impacts authorized under this general permit must be approved by the Department in writing to ensure that the project continues to meet the general permit eligibility in section 1. Separate permitting is necessary if the modified project scope no longer meets general permit eligibility. 7. Authorization Distribution. You must supply a copy of the permit coverage authorization to every contractor working on the project. 8. Project Start. You shall notify the Department using the information provided on the confirmation of coverage letter you receive before starting any activity and again not more than 5 days after each activity is completed. 9. Project Completion. Within one week after completing the regulated activity, you shall submit to the Department a statement certifying the project complies with all the terms and conditions of this permit, and photographs of the activities authorized by this permit. This statement must reference the Department -issued docket number and be submitted to the Department staff member that authorized coverage. 10. Permit Posting. You must post a copy of this permit coverage letter at a conspicuous location on the project site before beginning the permitted activity. The copy of the permit coverage letter must remain posted at that location until at least five days after the area where the activity took place is stabilized. You must also keep a copy of the permit coverage letter and the approved plan available at the project site at all times until the project is complete. 11. Permit Compliance. The department may revoke coverage of this permit if it is not constructed in compliance with the terms and conditions of this permit. Any act of noncompliance with this permit constitutes a permit violation and is grounds for enforcement action. 12. Construction Timing. Once wetland work begins, all construction activities in those wetlands must be continuous to the extent practicable. During periods of inactivity in wetlands, the site must be stabilized until the work is resumed and completed. 13. Construction. No other portion of the wetland may be disturbed beyond the area designated in the submitted plans. RECEIVED Nov 3 0 2023 Bayliekl Co. Planning and Zoning Agency 14. Proper Maintenance. You must maintain the activity authorized by WDNR-GPI-2023 in good condition and in conformance with the terms and conditions of this permit using best management practices. Any structure or fill authorized shall be properly maintained to ensure no additional impacts to the remaining wetlands and waterways. 15. Site Access. Upon reasonable notice, you shall allow access to the site to any Department employee who is investigating the project's construction, operation, maintenance or permit compliance with the terms and conditions of WDNR-GPl-2023 and applicable laws. 16. Erosion and siltation controls. The project site shall implement erosion and sediment control measures that adequately control or prevent erosion and prevent damage to wetlands as outlined in s. NR 151.11(6m), Wis. Admin. Code. These standards can be found at the following website: hftps://dnr.wisconsin.gov/, keyword "stormwater technical standards". Any area where topsoil is exposed during the project should be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. 17. Equipment used. The equipment used in the wetlands must be low ground weight equipment as specified by the manufacturer specifications. 18. Wetland Protection. You shall not store any vegetation, material, or equipment in wetlands unless authorized to do so through an approved project design. The project will be constructed in a manner that will maintain wetland hydrology in the remaining wettand complex, if applicable. 19. Invasive Species. All project equipment shall be decontaminated for removal of invasive species prior to and after each use on the project site by using best management practices to avoid the spread of invasive species as outlined in NR 40, Wis. Adm. Code. These protocols and practices can be found on the Department website at httpi/ldnr.wi.gov/toi)ic/invasives/bmp.htmi Keyword: "equipment operator" and at http,//dnr.wi.gov/topic/invasives/documents/EquipOper.pd . 20. Federal and State Threatened and Endangered Species. WDNR-GP1-2023 does not affect the Department's responsibility to ensure that all authorizations comply with Section 7 of the Federal Endangered Species Act, s. 29.604, Wis. Stats., and applicable state laws. No Department authorization under this permit will be granted for projects found not to comply with these acts/laws. No activity is authorized which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act and/or state law or which is likely to destroy or adversely modify the critical habitat of a species as identified under the Federal Endangered Species Act. 21. Special Concern Species. If the Wisconsin National Heritage Inventory lists a known special concern species to be present in the project area you will take reasonable action to prevent significant adverse impacts or to enhance the habitat for the species of concern. 22. Historic Properties and Cultural Resources. WDNR-GP1-2023 does not affect the Department's responsibility to ensure that all authorizations comply with Section 106 of the National Historic Preservation Act and s. 44.40, Wis. Stats. No Department authorization under this permit will be granted for projects found not to comply with these acts/laws. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit, work must be stopped immediately, and the State Historic '<eservation Officer must be contacted for further instruction. 23. Preventive Measures. Measures must be adopted to prevent potential pollutants from entering a wetland or waterbody. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that would allow them to enter a wetland or waterbody as a result of spillage, natural runoff, or flooding. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any contamination resulting from this spill, and to Immediately notify the State Duty Officer at 1-800-943-0003. 24. Suitable fill material. All fill authorized under this permit must consist of clean suitable soil, as defined by s. NR500.03(214), Wis. Adm. Code, free from hazardous substances as defined by s. 289.01(11), Wis. Stats., and free from solid waste as defined by s. 289.01(33), Wis. Stats. 25. Standard for Coverage. Wetland impacts from the project will cause only minimal adverse environmental impacts as determined by the Department. 26. Transfers. Coverage under this permit is transferable to any person upon prior written approval of the transfer by the Department. 27. Reevaluation of Decision. The Department may suspend or revoke authorization of any previously authorized activity and may take enforcement action if the following occur: a. The applicant fails to comply with the terms and conditions of WDNR-GP1-2023. b. The information provided by the applicant in support of the permit application proves to have been false, incomplete, or inaccurate. NOV 30 2023 32 OM CAGI5_Pmje ECOECO_22034_K. fake_Loh22030_Fig2MUand_DNtneaWn.md MCEIVED NOV 3 0 2023 dbarry@ncis.net eayfield co. From: Eklund, Karen M CIV USARMY CEMVP (USA) <Karen.M.Eklund@usace.army.mil> Sent: Friday, October 20, 2023 9:52 AM To: dbarry@ncis.net Cc: tim@ecosystemscorp.com; LaValley, Steven A - DNR Subject: MVP-2023-01193-KME (GP-NO-2023-4-03032) (Barry Garage) Attachments: 2023-01193-KME.pdf, 2023 RGPs WQC WDNR.pdf, Minor Discharges RGP.pdf Richard Barry, Please find attached the Corps permit confirmation for your new garage construction project. Thank you. Karen M. Eklund Regulatory Specialist US Army Corps of Engineers 10637 Hayward Court, Unit 2 Hayward, WI 54843 Office: (651) 290-5883 We are pleased to introduce our new paperless communication procedures in Wisconsin. Requests for action (pre - application consultations, permit applications, requests for delineation concurrences, requests for jurisdictional determinations, and mitigation bank proposals) should be sent directly to the following email: usace_requests_wi@usace.army.mil. Please include the county name in the subject line of the email (e.g. Washington County). These changes will improve efficiency, reduce costs and reduce environmental footprint. Additional information can be found in our public notice located here: http://www.mvp.usace.army.mil/Missions/Regulatory.aspx DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, ST. PAUL DISTRICT (D 332 MINNESOTA STREET, SUITE E1500 ST. PAUL, MN 55101-1323 October 20, 2023 Regulatory File 2023-01193-KME Richard Barry 29835 Nevers Road Washburn, Wisconsin 54891 Dear Richard Barry: c eCEIVED NOV 3 0 2023 Sayfiold Co. Planning arFJ Zoning AgenCY We are responding to your request for authorization to replace an existing garage with a larger new garage in the same location. The proposed work is located in Section 27, Township 46 North, Range 7 West, Bayfield County, Wisconsin. The regulated activity associated with the project described above includes the discharge of fill material into 396 square feet of wetlands for the construction of the larger garage as show in figure 2023-01193-KME Page 1. The work appears to be authorized by a Nationwide Permit (NWP) and/or a Regional General Permit (RGP), specifically, the Minor Discharges RGP. No application or notification to the St. Paul District Corps of Engineers is required for your project, provided you comply with the terms and conditions of the permit. This letter does not verify permit eligibility but indicates that your project may meet the requirements of this permit. It is your responsibility to ensure that the work is performed in accordance with the terms and conditions of this permit before starting work. It is also incumbent upon you to verify that your activity has received any necessary Water Quality Certification or waiver prior starting work in waters of the U.S. If a Water Quality Certification has not been issued for your activity, you are responsible for contacting the certifying agency. A full list of applicable terms, conditions, issued Water Quality Certifications, and certifying agencies may be found by visiting our website at http://www.mvp.usace.army.mil/Missions/Regulatory/. A change in location or project plans may require re-evaluation of your project. Proposed changes should be coordinated with this office prior to construction. Failure to comply with all terms and conditions of this permit invalidates this authorization and could result in a violation of Section 301 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. If you have any questions, please contact me in our Hayward office at (651) 290-5883 or by email at karen.m.eklund@usace.army.mil. Sincerely, Karen Eklund Regulatory Specialist Regulatory Division (File No. 2023-01193-KME) CC: Tim King, Ecosystems (tim@ecosystemscorp.com) Steven LaValley, Wisconsin DNR (Steven. LaValley@wisconsin.gov) Page 2 of 2 PECEiVED 2023-01103gKIOE Page 1 NOV 3 0 2023 32MO23 CAGIS_PmjwsTC01EC0 2N0 _Kem Laka_Lo1122034__Fig2_Wetland_Oelineation.mnd NOV 3 0 2023 Bayfield Co. Planning and Zoning Agency 031 DEPARTMENT OF THE ARMY usaDycorp Of Engineers.s MINOR DISCHARGES REGIONAL GENERAL PERMIT - St Pad DmOid PERMIT: Minor Discharges Regional General Permit ISSUING OFFICE: U.S. Army Corps of Engineers, St. Paul District EFFECTIVE DATE: February 20, 2023 EXPIRATION DATE: February 19, 2028 A. AUTHORIZATION AND APPLICABILITY Regulated activities conducted in accordance with the terms and conditions of the Minor Discharges Regional General Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Indian Reservations in Wisconsin and Minnesota, except for Section 404 activities in the following three 8-digit hydrologic unit codes (HUCs) in the Lake Superior Basin of Wisconsin: 04010301, 04010302, and 04020300. The excluded HUCs are also shown in a map attached to the end of this permit. This exclusion does not apply to Section 404 activities proposed within the exterior boundaries of the Bad River Reservation or the Red Cliff Reservation, regardless of HUC. Refer to the appropriate sections of this permit for a description of RGP procedures, eligible activities, conditions, exclusions, and application instructions. 1. Regulatory Authority: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material into waters of the US. Activities subject to Section 404 regulatory requirements are hereafter referred to as regulated activities. 2. Eligible Activities: Regulated activities associated with minor permanent and temporary discharges of dredged or fill material in waters of the US for a single and complete non -linear project. Discharges that would impound a tributary or lake, or are associated with utility, transportation, or pier or dock projects are not authorized by this permit. 3. Activity Restrictions: a. The regulated discharge may not exceed 400 square feet of waters of the US. Losses of waters of the US and temporary impacts to waters of the US contribute toward the 400 square foot threshold (see Section C for additional information). b. All tributary channel modifications are limited to the minimum necessary and cannot exceed 300 linear feet of loss (see Section C for additional information). c. This category may not be used more than once by the permittee, property owner, or agent of a single permittee or property owner in a manner that would cumulatively impact more than 400 square feet of waters of the US. 4. Pre -Construction Notification (PCN): PCN is not required prior to the start of work. Applicant must meet ALL the terms and conditions of this permit. 5. Exclusion: The following activities are INELIGIBLE for Minor Discharges RGP authorization: a. Regulated activities that would divert more than 10,000 gallons per day of surface or groundwater into or out ofthe Great Lakes Basin. b. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. c. Regulated activities eligible for authorization under a valid Corps Special Area Management Plan (SAMP) • U.S. Army Corps of Engineers, St. Paul District, Regulatory Division Minor Discharges Regional General Permit general permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/Permitting-Process-Procedures for more information on SAMPs. d. Regulated activities that would result in the loss of more than 300 linear feet of a tributary. e. Regulated activities that would occur in a calcareous fen. A list of known Minnesota calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/caIcareous_fen_list.pdf. Information about calcareous fens in Wisconsin can be found at http://dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland. f. Regulated activities that would occur in a component of the National Wild and Scenic River System (St. Croix Riverin Minnesota and Wisconsin or the Wolf River in Wisconsin), or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status. g. Any regulated activity which might affect or is likely to directly or indirectly jeopardize the continued existence of athreatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. h. Any regulated activity which might affect, or may have the potential to cause effects, to properties listed, or eligible for listing, in the National Register of Historic Places. i. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 because they will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project. j. Regulated activities that do not comply with applicable state dam safety criteria which have not been designed by qualified persons. k. Regulated activities which would adversely affect public water supplies. I. Activities within Section 10 waters. 6. Expiration: The time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized under this RGP that have commenced construction or are under contract to commence construction in reliance upon this RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration, suspension, or revocation; whichever is sooner. 7. Section 401 Water Quality Certification: No RGP authorization is valid until a project proponent obtains a Clean Water Act Section 401 water quality certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 18 in Section F below. This RGP does not obviate the need for other necessary federal, state, tribal, or local authorizations or permits. B. USE OF MULTIPLE GENERAL PERMITS Activities authorized under the Minor Discharges RGP may not be combined or stacked with any other general permit (nationwide, programmatic, or regional general permit) authorization. All regulated activities authorized by this permit must be for one single and complete non -linear project that does not require any additional Corps permit. C. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES 1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions, Section G). 2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single and complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from losses of waters of the US and do not contribute to loss thresholds. However, temporary impacts do contribute toward N RECEIVED NOV 3 0 2023 U.S. Army Corps of Engineers, St. Paul District, Regulatory Division Minor Discharges Regional General Permit aeyfield Co. Planning and Zoning Agency the 400 square foot threshold for the Minor Discharges RGP, as described in Section A.3.a. Permanent adverse effects include filling, flooding, excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse effects to waters of the US include regulated activities that change a waterbody to dry land, increase the bottom elevation of a waterbody, decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow wetland to shallow marsh), or change the use of a waterbody. a. Losses of wetlands must be reported in either acres or square feet, as appropriate. b. Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the plane of the ordinary high water mark. If regulated activities are proposed at multiple locations, they are added together to determine the overall amount of linear loss to waters of the US. 3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single and complete project which are restored to pre -construction contours and elevations after construction. Examples of temporary impacts to waters of the US may include the placement of timber matting, installation of coffer dams,trenching and backfilling, and in many cases, mechanized land -clearing. a. Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate. b. Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the plane of the ordinary high water mark. If regulated activities are proposed at multiple locations, temporary impacts must be added together to determine the overall amount of temporary linear impact. 4. Losses and temporary impacts to waters of the US do not include activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act. 5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may qualify for the RGP and are not reduced by compensatory mitigation. D. PRE -CONSTRUCTION NOTIFICATION (PCN) INFORMATION No activities authorized by this RGP require pre -construction notification (PCN). Individuals intending to conduct RGP activities should carefully review the description and limits of the authorization, restrictions and exclusions, and general conditions of the RGP to determine whether the work meets ALL the terms and conditions of the permit. PCN is not required prior to the start of work. Applicants may contact the appropriate Corps office with questions about RGP usage. Contact information is available at https://www.mvp.usace.army.mil/Missions/Regulatory/District-Boundaries-Contact/. E. MITIGATION In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). F. GENERAL CONDITIONS To qualify for this RGP authorization, the prospective permittee must comply with the following conditions, as applicable. 1. Compliance: a. The permittee is responsible for ensuring that whoever performs, supervises, or oversees any portion of the physical work associated with the construction of the project has a copy of and is familiar with all the terms and conditions of the RGP. U.S. Army Corps of Engineers, St. Paul District, Regulatory Division Minor Discharges Regional General Permit b. The activity must also comply with any special conditions added by the state, tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and conditions of the RGP. c. Any authorized structure or fill must be properly maintained, including maintenance to ensure public safety and compliance with applicable RGP general conditions. 2. Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP authorization. 3. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 4. Discovery of Previously Unknown Remains and Artifacts: If any previously unknown historic, cultural, or archeological remains and artifacts are discovered while accomplishing the activity authorized by this permit, the Corps must immediately be notified of the findings. To the maximum extent practicable, construction activities must be avoided that may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the federal, tribal, and state coordination required to determine if the items or remains warranta recovery effort or if the site is eligible for listing in the National Register of Historic Places. 5. Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or removal of human remains until disposition of the remains has been determined by the appropriate authority under these laws. Regulated activities which result in an inadvertent discovery of human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as appropriate, prior to re -starting work. 6. Safety of Impoundment Structures: To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 7. Suitable Material: No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 8. Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with appropriate erosion control or containment methods, be restored to pre -construction contours and elevations, and, as appropriate, revegetated with native, non-invasive vegetation. All temporary access roads constructed in waters of the US must be properly bridged or culverted to maintain surface flows. In temporarily excavated wetlands, the top 6 to 12 inches of the excavation should normally be backfilled with topsoil originating from the wetland. No temporary excavation area, including, but not limited to trenches, may be constructed or backfilled in such a manner as to drain waters of the US (e.g., backfilling with extensive gravel layers, creating a French drain effect). Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and limited to the smallest area and the shortest duration required to accomplish the project purpose. Temporary impacts may not remain in place longer than 90 days between May 15 and November 15. Before those 90 days have elapsed, all temporary discharges must be removed in their entirety and restoration activities, as required by RECEIVED NOV 3 0 2023 U.S. Army Corps of Engineers, St. Paul District, Regulatory Division BaYfield Co Minor Discharges Regional General Permit Planning and zoning Agency general condition 8, must be undertaken as applicable. 10. Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur as a result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work above an OHWM, the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover. For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all regulated work. 11. Culverts and Crossings: Replacement and installation of culverts or crossings authorized by an RGP are to follow (or be restored to) the natural alignment and profile of the tributary. The culverts or bridges must adequately pass low flow and bankfull events, bedload, sediment load, and provide site -appropriate fish and wildlife passage. Example design elements include recessing single culverts to accommodate natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation. 12. Aquatic Life Movements: No regulated activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 13. SpawningAreas: Activities in spawning areas, during spawning seasons, must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial sedimentation) of a designated or known spawning area are not authorized. 14. Hard Armoring: Only suitable material must be used and be of a size and configuration sufficient to prevent its movement from the authorized alignment by natural forces under normal or high flows. 15. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws. In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center at 1-800-424-8802 or nrc.uscg.mil AND IN WISCONSIN: the WI DNR Spills Team at 1-800-943-0003; or IN MINNESOTA: the Minnesota State Duty Officer at 1-800-422-0798. 16. Clean Construction Equipment: To prevent the spread of invasive species, all construction equipment must be clean prior to entering and before leaving the work site. 17. Fills Within 100-Year Floodplains: The regulated activity must comply with applicable FEMA-approved state or local floodplain management requirements. 18. Section 401 Clean WaterAct Water Quality Certification: All regulated activities authorized by this RGP require Section 401 Clean Water Act certification or waiver to be considered valid. G. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non- structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. U.S. Army Corps of Engineers, St. Paul District, Regulatory Division Minor Discharges Regional General Permit Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is defined at 33 CFR 332.2(f). Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non -linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Ordinary high water mark (OHWM): A line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and non -linear activities with regulated losses and temporary impacts to waters of the US. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. PCN may be required by the terms and conditions of this regional general permit. Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources. Single and complete non -linear proiect: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other associationof owners/developers. A single and complete non -linear project must have independent utility. Single and complete non- linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Tributary: For the purposes of this permit, a water that contributes flow, either directly or through another water to a traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, man -altered, or man- made water and includes waters such as rivers, streams, canals, and ditches. Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. 1.1 RECEIVED U.S. Army Corps of Engineers, St. Paul District, Regulatory Division NOV 3 0 2023 Minor Discharges Regional General Permit Bayfield Co. Planning and Zoning Agency H. FURTHER INFORMATION 1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to Section 404 of the Clean Water Act (33 U.S.0 1344). 2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by an RGP based on concern for the aquatic environment or for any other factor of the public interest. 3. Limits of this authorization: a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required bylaw; b. This RGP does not grant any property rights or exclusive privileges; c. This RGP does not authorize any injury to the property or rights of others; and d. This RGP does not authorize interference with any existing or proposed federal project. 4. Limits of federal liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest; c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit; d. Design or construction deficiencies associated with the permitted work; or e. Damage claims associated with any future modification, suspension, or revocation of this permit. 5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will be made in reliance on the information provided by the project proponent. 6. Re-evaluation of decision: This office may reevaluate its decision for an individual verification under this general permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. The permittee fails to comply with the terms and conditions of this permit; b. The information provided by the permittee in support of the pre -construction notification proves to have been false, incomplete, or inaccurate (See 5 above); or c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal action where appropriate. The permittee will be required to pay for any corrective measures ordered by this office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee for the cost. 7. This office may also reevaluate its decision to issue this RGP at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325. Legend Bad River Reservation 0 Red Cliff Reservation 0 HUCSs - 2023 RGP Clime F 04010301 04180000 gad diver 04010302 Select RGPs are excluded from use in Apostle Islands except for areas within the Bad River Reservation , Yr Ontario Base Map, Province of Ontario, Esri Canada, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS. - ir 0 9.5 19 38 MVP Regulatory HUC8s excluded in 2023 RGPs Miles Date: 2/16/2023 Map Center: 80.1487840W 35.690807°N Coordinate System: GCS WGS 1984 ® Datum: WGS 1984 NOV 3 0 2023 PknninpBane zoning Ayency BEFORETHE WISCONSIN DEPARTMENT OF NATURAL RESOURCES Application of the United States Department of the Army Corps of Engineers, for Water Quality Certification for the Final Regulations Pertaining to the Issuance, Reissuance, and Modification of Regional General Permits On July 13, 2022, the United States Department of the Army, Corps of Engineers (COE), published on its website a notice of intent to issue Regional General Permits (RGPs). The notice of intent to issue includes 1 new (Bank Stabilization and Habitat Improvement) RGP and 7 modified RGPs (Beach Creation and Nourishment, Beach Raking, Minor Discharges, Piers and Docks, Transportation, Utility, and Wildlife Ponds). On September 20, 2022, The St. Paul District COE requested water quality certification from Wisconsin Department of Natural Resources (WDNR) under Section 401 of the Clean Water Act for each of the eight proposed RGPs. WDNR has examined the regulations promulgated by the COE and United States Environmental Protection Agency pursuant to Section 401, CWA, and Chapters 30and 281, Wisconsin Statutes and Chapters NR 102, 103, 105, 310, and 299, Wisconsin Administrative Code (Wis. Adm. Code). The WDNR has determined the following conditions for the RGPs are required to ensure compliance with state water quality sta nda rds enumerated in s. 299.04, Wis. Adm. Code. Water quality in Wisconsin will be adequately protected as long as these conditions are met and the requirements of the final RGPs are consistent with the public noticed drafts. This certification shall expire when the RGPs expire. Section 401 Certification does not release the permittee from obtaining all other necessary federal, state, and local permits, licenses, certificates, approvals, registrations, charters, or similar forms of permission required by law. It does not limit a ny other state permit, license, certificate, approval, registration, charter, or similar form of permission required by lawthat imposes more restrictive requirements. It does not eliminate, waive, or vary the permittee's obligation to comply with all other laws and state statutes and rules throughout the construction, installation, and operation of the project. This Certification does not releasethe permittee from any liability, penalty, or duty imposed by Wisconsin or federal statutes, regulations, rules, or local ordinances, and it does not convey a property right or an exclusive privilege. The conditions of this Certification cannot be used for other permit decisions, permittypes or licenses that are not expressly listed in the agency water quality certification request dated September 20, 2022. Pursuant to 40 CFR 121.5, a certification request must be submitted to the state of Wisconsin for all individual license or permit requests. This includes projects undertaken by federal agencies including U.S. Army Corp of Engineer projects. This Certification does not replace or satisfyany environmental review requirements, including those under the Wisconsin Environmental Policy Act (WEPA) or the National Environmental Policy Act (NEPA). STATE CONDITIONSAND LIMITATIONS OF CERTIFICATION GENERAL CONDITIONS: 1. The permittee shall allow the WDNR reasonable entry and access to the discharge site to inspect the discharge for compliance with the certification and applicable laws. Justification: On -site inspection is a critical elementto gather necessary information for water quality certification decisions and quality control and assurance of data provided by the applicant. This authorization is required pursuant to s. NR 299.05(3)(d)2.c, Wis. Adm. Code. 2. Water quality certification is denied without prejudice for activities involving the temporary stockpiling of dredged or fill material in waters of the state, including wetlands for 60 or more consecutive days between May 15 and November 15 unless this includes a wetland restoration plan approved by the department. Justification: Physical alterations can degrade surface waters through the filling, dredging or stockpiling of materials. Pursuanttoss. NR 102.05 and NR 103.03, Wis. Adm. Code, no waters of the state including wetlands shall be lowered in quality unless it has been affirmatively demonstrated to the department that such a change is justifiable. To satisfythese antidegradation and water quality protection requirements, individual certificationis warrantedto properly demonstrate that temporary stockpiling of dredged or fill material is warranted. 3. Water quality certification is denied without prejudice for activities that have the potential to adversely impact Area of Special Natural Resource Interest (ASNRI) waters designated under s. NR 1.05, Wis. Adm. Code. Justification: Pursuantto ch. NR 207, Wis. Adm. Code, Wisconsin's Antidegradation procedures prohibit degradationof outstanding resourcewaters and limit degradation in exceptional resource waters. Additionally, formal consultation with the Voigt Task Force is needed on projects which could have impacts on wild rice or wild rice habitat. For these reasons, all projects that have the potential to degrade ASNRI waters designated under s. 30.01(lam), Wis. Stats., are denied without prejudice. ASNRI waters are available on the DNR's surface water data viewer at https://dnr.wisconsin.goy/topic/SurfaceWater/swdv. 4. Water quality certification is denied without prejudice for activities that have the potential to adversely impact Public Rights Features (PRFs) designated under tos. NR 1.06, Wis. Adm. Code. Justification: Pursuantto s. NR 102.04(1)(a) and (b), Wis. Adm. Code, objectionable deposits or debris shall not be present in such amounts as to interfere with public rights in waters of the state. Public Rights Features are most sensitive to these types of deposits and warrant individual water quality certification to ensure that wildlife, recreation, and fish and aquatic life standards under ch. NR 102, Wis. Adm. Code are satisfied. PRFs are available on the DNR's surface water data viewer at https:Hdnr. wiscons in.gov/topic/Surface Water/swdv. PECEiVED NOV 3 0 2023 BaYfield co. Planning and Zoning Agency 5. No discharges of dredged orfill material below the ordinary high water markofanavigable stream, as defined by s. 310.03(5), Wis. Adm. Code, maytake place during fish spawning periods or times when nursery areas would be adversely impacted. These periods are: • September 15th through May 15th for all trout streams; todetermine if a waterwayis a trout stream, you may use the WDNR websitetrout maps which can be found at https://dnr. wisconsin. goy/topic/Fishing/trout/strea mmaps.htmi • September 15th through June 15th on all Great Lakes tributaries upstream tothe first dam or barrier. • November 1st through June 15th for Lake Michigan waters surrounding Door County including Green Bay and all harbors and bays. • September 15th through July 1st for Lake Superior waters surrounding Douglas County including St. Louis River and all harbors and bays. • March lstthrough June 15thfor ALL OTHER waters. Justification: Pursuant to s. NR 102.04(3), Wis. Adm. Code, aquatic life designations include spawning areas for cold waterand warm waterfish and aquatic life habitat. Waterquality criteria are derived to ensure spawning activities in Wisconsin are protected. 6. The permittee must install in -water best management practices (BMPs)to minimize total suspended solids (TSS), sedimentation and nutrient loadings for any work conducted below the ordinary high water mark (OH WM). Any visual increase in turbidity outside of the approved impact area shall result in the project operations ceasing until BMPs have been modified to address the issue. Justification: Pursuant to ss. NR 102.04(1) and NR 102.06, Wis. Adm. Code, objectionable deposits and nutrients may not be present in amounts that interfere with public rights and interests or exceed state standards for surface water. I n-water BMPs also help ensure excessive sedimentation, TSS, and nutrient loadings will not result in a violation of state wetland water quality standards under s. NR 103.03, Wis. Adm. Code. 7. Erosion control measures shall meet or exceed the WDNRTechnical Standards developed under Subch. V of ch. NR 151, Wis. Admin. Code. Any area where soil is exposed during construction shall be stabilizedor revegetated immediately upon reachingfinal grade using sod, seed and anchored mulch, seed and erosion control mat, or rip rap to prevent erosion and limit sediment discha rge to the waterway. Justification: Pursuant to ss. NR 102.04(1) and NR 102.06, Wis. Adm. Code, objectionable deposits and nutrients may not be present in amounts that interfere with public rights and interests or exceed state standards forsurface water. Erosion control measures also help ensure excessive sedimentation, TSS, and nutrient loadings will not result in a violation of state wetland water quality standards under s. NR 103.03, Wis. Adm. Code. 8. No discharges of dredged or fill material may be placed into wetlands that are identified by the department as being one of the following community types: a) Great Lakes ridge and swale complexes, b) interdunal wetlands, c) coastal plain marshes, d) emergent marshes containing wild rice, e) sphagnum bogs that are located in the area located south of a horizontal line drawn across the state based on the routes of STH 16 and STH 21 west of Lake Winnebago and on USH 151 east of Lake Winnebago, f) boreal rich fens, or g) calcareous fens. J ustification: Pursuant to s. 281.36(3g)(d), Wis. Stats., impacting one of these rare wetland community types may result in significant adverse environmental effects. These wetland communities are most sensitive to these types of deposits and warrant individual water quality certification to ensure that wet la nd water qua lity sta nda rds identified in ch. NR 103, Wis. Adm. Code are met. 9. The permittee may not use any materials that contain toxic substances in toxic amounts. This may include materials used for structure placement, beneficially reused materials, orfill. Justification: Pursuant to chs. NR 102, NR 103, NR 105, and s. NR 299.04(1)(b), Wis. Adm. Codes, water quality criteria and limitations must be satisfied to grant water quality certification. 10. The permittee must ensure that any material used to construct a project is properly contained and stabilized in a manner that will prevent the material from being eroded. Justification: Pursuant toss. NR 102.04(1)(a)and (b) and NR 103.03, Wis. Adm. Code, objectionable deposits or debris shall not be present in amounts that interfere with public rights and interests in waterways orthe functions and values of wetlands in Wisconsin. 11. Projects permitted under any RGP must implement planning and pretreatment of equipment to minimize spread of invasive or noxious species, designated under ch. 40, Wis. Adm. Code. Justification: Pursuantto s. NR 103.03(2)(f)3., Wis. Adm Code, waterquality certification must prevent conditions conducive to the establishment or proliferation of nuisance organisms in order to protect existing wetland habitat and ecosystems. Invasive species threaten the Fish and Other Aquatic Life designated use under s. NR 102.04(3), Wis. Adm. Code. 12. Whenever an applicant is completing sediment sampling and analysis, monitoring, or disposal of materials from any dredging project, proper sampling and quality assurance methods shall be implemented in alignment with ch. NR 347, Wis. Adm. Code. Justification: In order to protect the public rights and interests in the waters of the state and to ensure that data quality is representative of site conditions to make informed waterquality certification decisions, all data gathering, sampling, monitoring, data analysis and disposal shall be completed using proper sampling and quality assurance methods in alignment with ch. NR 347, Wis. Adm. Code. RECEIVED NOV 3 0 2023 Bayfield Co. Planning and zoning Agency Conditions Applicable to Specific Regional General Permits Granted Water Quality Certification: Beach Creationand Nourishment RGP: The project may not result in the deposition of new material below the ordinary high water mark of any waterway. Justification: Pursuant to s. NR 102.04(1)(a) and (b), Wis. Adm. Code, objectionable deposits or debris shall not be present in such amounts as to interfere with public rights in waters of the state. Unconsolidated materials commonly utilized for beach creation warrant individual water quality certification to ensure that wildlife, recreation, and fish and aquatic life standards under ch. NR 102, Wis. Adm. Code are satisfied. Minor Discharges RGP: The permittee must ensure that the combined permanent or temporary discharge will not result in direct and secondary impacts which together exceed 400 sq. ft. Justification: Pursuant to s. 103.03(2)(d), Wis. Adm. Code, wetlands shall be protected from cumulative impacts of discharges which may result in concentrations or combinations of substances which aretoxic or harmful to human, animal, or plant life. Ensuring thatthe eligibility standardfor wetland impacts encompasses primaryand secondary impacts as required under s. NR 103.08(3) Wis. Adm. Code will ensure adequate protection from cumulative impacts. The project may not result in the permanent deposition of material below the ordinary high watermark of any waterway. Justification: Pursuant to s. NR 102.04(1)(a) and (b), Wis. Adm. Code, objectionable deposits or debris shall not be present in such amounts as to interfere with public rights in waters of the state. Unconsolidated materials commonly utilized for beach creation warrant individual water quality certification to ensure that wildlife, recreation, and fish and aquatic life standards under ch. NR 102, Wis. Adm. Code are satisfied. Wildlife Ponds RGP: The project may not result in the creation of a pond that is permanently connected to a navigable waterway, by means of enlargement or by a natural or artificial channel or drainage course, or an open or closed conduit, any of which tend to confine and direct flow into the existing navigable waterway, as defined in s. NR 343.03(3) Wis. Adm. Code. Justification: Physical alterations can degrade surface waters through the excavation of materials and manipulation of surface water hydrology. Pursuant to ss. NR 102.05 and NR 103.03, Wis. Adm. Codes, no waters of the state including wetlands shall be lowered in quality unless it has been affirmatively demonstrated tothe department that such a change is justifiable. To satisfythese antidegradation and water quality protection requirements, individual certification is warranted to properly demonstrate that pond construction will not cause adverse effects. Where project proposals have existing wetlands on or adjacent to the project area, the project area must be dominated by agricultural crops, invasive wetland species, or early successional hydrophyte species, and the proposed activities will not cause significant adverse impact to undisturbed wetland plant communities. Justification: Pursuant to s. NR 103.03, Wis. Adm. Code, no waters of the state including wetlands shall be lowered in quality unless it has been affirmatively demonstrated to the department that such a change is justifiable. Limiting such pond projects to locations that will cause minimal impacts to undisturbed wetland plant communities satisfies this water quality protection requirement. NOTIC OF APPEAL RIGHTS If you believe that you have a right to challenge this decision, you should know that Wisconsin Statutes and administrative rules establish time periods within which requests to review Department decisions must be files. To request a contested case hearing pursuant to section 227.42, Wisconsin Statutes, you have 30 days afterthe decision is mailed, or otherwise served by the department, to serve a petition for hearing on the Secretaryof the Department of Natural Resources. This determination becomes final in accordance with the provisions of s. NR 299.05(7), Wisconsin Administrative Code, and is judicially reviewable when final. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wisconsin Statutes, you have 30 days afterthe decision becomes final to file your petition with the appropriate circuit court and to serve the petition on the Secretary of the Department of Natural Resources. The petition must name the Department of Natural Resources as the respondent. Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. This notice is provided pursuant to section 227.48(2), Wisconsin Statutes. Dated at Madison, Wisconsin November 10, 2022 STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES By: David R. Siebert Administrator, Division of External Services 0 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 1701 North Fourth Street Superior, WI, 54880 September 26, 2023 Richard Barry 29835 Nevers Road Washburn, WI 54891 [sent electronically] Tony Evers, Governor Adam N. Payne, Secretary Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Access via relay - 711 W SCONSIN OEPT. FFMTUFIALRESOURCES GP-NO-2023-4-03032 RE: Coverage under the wetland statewide general permit to impact 0.009 acres of forested wetlands for residential, activities, located in the Town of Delta, Bayfield County Dear Mr. Barry: Thank you for submitting an application for a General Permit to impact wetlands from residential, commercial and industrial activities located in the SW 1/4 of SW 1/4, Section 27, Township 46, Range 07W, Town of Delta, Bayfield County. You have certified that your project meets the eligibility criteria for this activity. Based upon your signed certification you may proceed with your project. The discharge(s) from the proposed activity will comply with water quality requirements. Please re -read the permit eligibility standards and conditions. The eligibility standards can be found on the GP1 application checklist or in the GP1 statewide general permit. The permit conditions are attached to this letter. You are responsible for meeting all general permit eligibility standards and permit conditions. This includes notifying the Department before starting the project and submitting photographs within one week of project completion. Please note your coverage is valid for 5 years from the date of the department's determination or until the activity is completed, whichever occurs first. The Department conducts routine and annual compliance monitoring inspections. Our staff may follow up and inspect your project to verify compliance with state statutes and codes. If you need to modify your project, please contact me, your local Water Management Specialist, at (715) 392-0803 or at Steven.LaValley@wisconsin.gov to discuss your proposed modifications. The Department of Natural Resources appreciates your willingness to comply with wetland regulations, which help to protect the water quality, fish and wildlife habitat, recreational value, and other functions and values wetlands provide to current and future generations. You are responsible for obtaining any other local, state, or federal permits that are required before starting your project. Sincerely, Steven LaValley SEa 2 7 7g7� Water Management Specialist Email CC: USACE Project Manager Ruth Hulstrom- Bayfield County Zoning Lynna Matin- Conservation Warden Tim King- Ecosystems LLC You agree to comply with the following conditions: 1. Application. You shall submit a complete application package to the Department as outlined in the application requirements (section 2) section of this permit. If requested, within a reasonable timeframe you shall furnish the Department any information it needs to verify compliance with the terms and conditions of this permit. 2. Certification. Acceptance of coverage under general permit WDNR-GP1-2023 and efforts to begin work on the activities authorized by this general permit signifies that you have certified the project meets all eligibility standards outlined above and that you have read, understood, and agreed to follow all terms and conditions of this general permit. 3. Reliance on Applicant's Data. The determination by this office that a confirmation of authorization is not contrary to wetland water quality standards will be based upon the information provided by the applicant and any other information required by the Department. 4. Project Plans. This permit does not authorize any work other than what is specifically described in the notification package and plans submitted to the Department and is certified by you to comply with the terms and conditions of WDNR-GP1-2023. 5. Expiration. The time limit for completing an activity authorized by the provisions of WDNR-GP1-2023 ends 5 years after the date on which the activity is considered to be authorized under WDNR-GP1-2023 or until the activity is completed, whichever occurs first. The Department's use of general permit WDNR-GP1-2022 established under s. 281.36(3g) Wis. Start. expires on June 30, 2028. 6. Written authorization for modification of scope. Any modification to the wetland impacts authorized under this general permit must be approved by the Department in writing to ensure that the project continues to meet the general permit eligibility in section 1. Separate permitting is necessary if the modified project scope no longer meets general permit eligibility. 7. Authorization Distribution. You must supply a copy of the permit coverage authorization to every contractor working on the project. 8. Project Start. You shall notify the Department using the information provided on the confirmation of coverage letter you receive before starting any activity and again not more than 5 days after each activity is completed. 9. Project Completion. Within one week after completing the regulated activity, you shall submit to the Department a statement certifying the project complies with all the terms and conditions of this permit, and photographs of the activities authorized by this permit. This statement must reference the Department -issued docket number and be submitted to the Department staff member that authorized coverage. 10. Permit Posting. You must post a copy of this permit coverage letter at a conspicuous location on the project site before beginning the permitted activity. The copy of the permit coverage letter must remain posted at that location until at least five days after the area where the activity took place is stabilized. You must also keep a copy of the permit coverage letter and the approved plan available at the project site at all times until the project is complete. 11. Permit Compliance. The department may revoke coverage of this permit if it is not constructed in compliance with the terms and conditions of this permit. Any act of noncompliance with this permit consfitutes a permit violation and is grounds for enforcement action. 12. Construction Timing. Once wetland work begins, all construction activities in those wetlands must beTa �y the extent practicable. During periods of inactivity in wetlands, the site must be stabilized until the work die'd V ' and completed. .SEP 2 7 2923 13. Construction. No other portion of the wetland may be disturbed beyond the area designated in the submitted plans. 14. Proper Maintenance. You must maintain the activity authorized by WDNR-GPl-2023 in good condition and in conformance with the terms and conditions of this permit using best management practices. Any structure or fill authodzed shall be properly maintained to ensure no additional impacts to the remaining wetlands and waterways. 15. Site Access. Upon reasonable notice, you shall allow access to the site to any Department employee who is investigating the project's construction, operation, maintenance or permit compliance with the terms and conditions of WDNR-GPl-2023 and applicable laws. 16. Erosion and siltation controls. The project site shall implement erosion and sediment control measures that adequately control or prevent erosion and prevent damage to wetlands as outlined in s. NR 151.11(6m), Wis. Admin. Code. These standards can be found at the following website: https://dnr.wisconsin.gov/, keyword "storrnwater technical standards". Any area where topsoil is exposed during the project should be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. 17. Equipment used. The equipment used in the wetlands must be low ground weight equipment as specified by the manufacturer specifications. 18. Wetland Protection. You shall not store any vegetation, material, or equipment in wetlands unless authorized to do so through an approved project design. The project will be constructed in a manner that will maintain wetland hydrology in the remaining wetland complex, if applicable. 19. Invasive Species. All project equipment shall be decontaminated for removal of invasive species prior to and after each use on the project site by using best management practices to avoid the spread of invasive species as outlined in NR 40, Wis. Adm. Code. These protocols and practices can be found on the Department website at htto://dnr.wi.cov/tooic/Invasives/bmo.html Keyword: "equipment operator" and at htto://dnr.wi.gov/tor)ic/invasives/documents/EquipOper.pd . 20. Federal and State Threatened and Endangered Species. WDNR-GPl-2023 does not affect the Department's responsibility to ensure that all authorizations comply with Section 7 of the Federal Endangered Species Act, s. 29.604, Ws. Slats., and applicable state laws. No Department authorizaton under this permit will be granted for projects found not to comply with these actsAaws. No activity is authorized which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act and/or state law or which is likely to destroy or adversely modify the critical habitat of a species as identified under the Federal Endangered Species Act. 21. Special Concern Species. If the Wisconsin National Heritage Inventory lists a known special concern species to be present in the project area you will take reasonable action to prevent significant adverse impacts or to enhance the habitat for the species of concern. 22. Historic Properties and Cultural Resources. WDNR-GPl-2023 does not affect the Department's responsibility to ensure that all authorizations comply with Section 106 of the National Historic Preservation Act and s. 44.40, Wis. Slats. No Department authorization under this permit will be granted for projects found not to comply with these acts/laws. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit, work must be stopped immediately, and the State Historic Preservation Officer must be contacted for further instruction. 23. Preventive Measures. Measures must be adopted to prevent potential pollutants from entering a wetland or waterbody. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that would allow them to enter a wetland or waterbody as a result of spillage, natural runoff, or flooding. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any contamination resulting from this spill, and to-, immediately notify the State Duty Officer at 1-800-943-0003. ' SEP 2 i M3 24. Suitable fill material. All fill authorized under this permit must consist of clean suitable soil, as defined by s. NR500.03(214), Wis. Adm. Code, free from hazardous substances as defined by s. 289.01(11), Wis. Stats., and free from solid waste as defined by s. 289.01(33), Wis. Stats. 25. Standard for Coverage. Wetland impacts from the project will cause only minimal adverse environmental impacts as determined by the Department. 26. Transfers. Coverage under this permit is transferable to any person upon prior written approval of the transfer by the Department. 27. Reevaluation of Decision. The Department may suspend or revoke authorization of any previously authorized activity and may take enforcement action if the following occur: a. The applicant fails to comply with the terms and conditions of WDNR-GP1-2023. b. The information provided by the applicant in support of the permit application proves to have been false, incomplete, or inaccurate. SEP 27 2023 cnmg D' Kern Lake —• � 4 - �z� - posed GVAJ - - =Y 1 Existing Gar.. vV •% .-_ j 06, 705g _ 4 - o � T 41% �' � S 6�1 r a s�:r:�►� f3403A _ ' -- = �05a � NRCS SSURGO Soils Datai M, _ NJ.y ' WiDR WWI Data'C`— ;' ^" o o 4+-c`-` �'•- , .ti WROC Imagery; 2020 '+_> -*o _ ._705Ca asry I`ye� I_ I Approximate Study Area WDNR 24K Hydrography Richard Barry Garage -Site Plan • Sample Point ---- Intermittent Town of Delta Wetland Boundary --- Perennial Bayfleld County, Wisconsin �Wetland 2 �� ,11J too small to delineate Open Water WDNR WWI Welland Mapping - 0 NRCS Soil Survey Mapping Figure 2. • WetlandDeliheation Map .� Maximum Extent Wetland Indicators l f3 WI Parcel Data 2021 a 1 I r �,rp 7 2023 — contour (2 food L� N Feet egAS system'$; sib 0 50 150 20G gp,9n.ant l Ri.n u4n. WIW&,9 312MO23 C'.1GI5 Pro)acu%E=ECG_22034_Kem_Lake_LotQ2034 Fig2 WeOand_Depneatian.mxd �CUI �aLUw UOYnciU �VUnLY FlUNciLY uauny 'oday's Date: 5/31/2022 Created On: 2/17/2012 11:25:27 AM AP Description Updated: 4/9/2012 Tax ID: 36315 PIN: 04-016-2-46-07-27-3 05-002-09100 Legacy PIN: Map ID: Aunicipality: (016) TOWN OF DELTA iTR: S27 T46N R07W )escription: PAR IN GOVT LOT 2 DESC IN V.1074 R397 451 & 452 recorded Acres: 2.490 :alculated Acres: 2.490 .ottery Claims: 0 Irst Dollar: Yes :SN: 110 J Tax Districts Updated: 2/17/2012 STATE A COUNTY )16 TOWN OF DELTA )41491 SCHL-DRUMMOND )01700 TECHNICAL COLLEGE a' Recorded Documents Updated: 2/17/2012 D QUIT CLAIM DEED )ate Recorded: 12/29/2011 2011R-541787 1074-397 42 Ownership Updated: 2/17/2012 RICHARD & BARBARA BARRY REV TRUST WASHBURN WI Billing Address: Mailing Address: RICHARD & BARBARA BARRY RICHARD & BARBARA BARRY REV TRUST REV TRUST 29835 NEVERS RD 29835 NEVERS RD WASHBURN WI 54891 WASHBURN WI 54891 it Site Address * indicates Private Road 59125 KERN LAKE RD MASON 54856 © Property Assessment Updated: 4/5/2012 2022 Assessment Detail Code Acres Land Imp. Gl-RESIDENTIAL 2.490 111,100 81,800 2-Year Comparison 2021 2022 Change Land: 111,100 111,100 0.0% Improved: 81,800 81,800 0.0% Total: 192,900 192,900 0.0% 6i'Property History Parent Properties Tax ID 04.016-2-46-07-27-3 05-002-08000 13037 0+016-2-46-07-27-3 05-002-09000 13038 IISTORY © Expand All History. White=Current Parcels Pink=Retired Parcels 0 Tax ID: 13038 Pin: 04-016-2-46-07-27-3 05-002-09000 Leg. Pin: 016105506000 0 Tax ID:13037 Pin:04-016-2-46-07-27-3 05-002-08000 Leg. Pin:016105505000 36315 This Parcel Parents Children 11,07 10KOV r� A. RECEIVED ciao MAY 0 5 2022 Bayfield County Bayflwind a in o. Impervious Surface Calculations p Min@ antl Zoning Agency These calculations are REQUIRED per WI Admin Code NR 115.05(1)(e) and Section 13-1-32(g) and 13-1- 40(h) of the Bayfield County Code of Ordinances. The undersigned hereby makes application for construction, reconstruction, expansion, replacement or relocation of any impervious surface within 300 feet of the ordinary high water mark and agrees that all activities shall be in accordance with the requirements of the Bayfield County Code of Ordinances and all other applicable ordinances and the laws of the State of Wisconsin. Pursuant to Chapter 1, Title 13, Section 13-1-106(d) of the Bayfield County Zoning Ordinance(s), Planning and Zoning Department employees assigned to inspect properties shall have access to said properties to make inspections. Property Owner(s): %�/ CA/ 14 /2 L) l3r�lz2 Y Mailing Address: 9835 Ll2� /Z� Property-17 12 S �2�A, -Z A77T� �4 Sd w r s4136 Legal Description: Section, Township, Range 1/4, 114, Sec 2-7 Township 4 N, Range 40% w Authorized Agent/Contractor Gov't Lot Lot # CSM# Vol & Page U, /o `74 -50WAI 3 97 Lots) # Block(s) # Subdivision Town o : �{S/, �f$'Z Parcel ID # (PIN #) Tax ID # Date: S/lo12oZZ 04- 3(o3/5' Impervious Surface: An area that releases as runoff all or a majority of the precipitation that falls on it. "Impervious surface" excludes frozen soil but includes rooftops, sidewalks, driveways, parking lots and streets unless specifically designed, constructed and maintained to be pervious. Calculation of Impervious Surface: Percentage of impervious surface shall be calculated by dividing the surface area of existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark by the total surface area of the lot or parcel, multiplied by 100. Impervious Surface Standard: Allow up to 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark. A permit can be issued for development that exceeds 15% impervious surface but not more than 30% impervious surfaces with a mitigation plan that meets the requirements of the Bayfield County Ordinance(s). Existing Impervious Surfaces: For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the standards in Section(s) 13-1-32(g) and Section 13-1-40(h), the property owner may do any of the following: a. Maintenance and repair of all impervious surfaces: b. Replacement of existing impervious surfaces with similar surfaces within the existing building footprint; c. Relocation or modification of existing impervious surfaces with similar or different impervious surfaces, provided that the relocation or modification does not result in an increase in the percentage that existed on the effective date of the county shoreland ordinance, and meets the applicable setback requirements in Section 13-1-32. Impervious Surface Item Dimension Area (Square Footage) Existing House K Z Y� Existin-j Accessory ul in Gara a j 2 X 2 4 Existing Sidewalk(s), Patio(s) & Deck(s) Existing overe Porch es , r tr Driveway & Otheuctures ¢ x Z � Proposed Addition/House Propose Accessory Buil Ing ara 32- 7C 4 Proposed Sidewalks) & Patio(s) Proposed Covered Porch(es) & Deck(s) Proposed Driveway Proposed Other Structures sWE- 174 W 1 z x z 3 z Total: 3Sp� a. Total square footage of lot: b. Total impervious surface area: 7�7500 c. Percentage of impervious surface area: 100 x (b)/a = 3 76 If the proposed impervious surface area is greater than 15% mitigation is required. Total square footage of additional impervious surface allowed: @ 15% @ 30% Issuance Information (county Use Only) Date of Inspection:/ 1 Inspection Record: D/r Zoning District (/1.-/) Lakes Classification ( ) Condition(s): Stormwater Management Plan Required: ❑ Yes ❑ No Signature of Inspe r: Date of Approval: i u/forms/impervioussurface Created: May 2012 (®Apr 2016; Sept 2020) Proofed by: Town, City, Village, State or Federal Permits May Also Be Required SHORELAND/WETLAND LAND USE — X SANITARY — SIGN — SPECIAL — CONDITIONAL — BOA — BAYFIELD COUNTY PERMIT WEATHERIZE AND POST THIS PERMIT ON THE PREMISES DURING CONSTRUCTION No. 24-0004 Tax ID: 36315 Issued To: RICHARD & BARBARA BARRY REV TRUST Location: '/4 of '/4 Section 27 Township 46 N. Range 7 W. Town of DELTA 9_\:a1► Gov't Lot 2 Lot Block Subdivision CSM# DESC IN V.1074 P.397 451 & 452 Residential Structure in R-1 zoning district For: Accessory: [ 1- Story ]; Garage on a Slab (32' x 48') = 1536 sq. ft. ] Height of 14' (Disclaimer): Any future expansions or development would require additional permitting. Condition(s): Must meet and maintain setbacks including eaves and overhangs. Adhere to DNR wetland fill approval conditions. For personal storage only. Not for human habitation or sleeping purposes. No pressurized water in structure. A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency may be required. Build as proposed. Town/State/DNR permits may be required. NOTE: This permit expires two years from date of issuance if the authorized construction work or land use has not begun. Changes in plans or specifications shall not be made without obtaining approval. This permit may be void or revoked if any of the application information is found to have been misrepresented, erroneous, or incomplete. Tracy Pooler, AZA Authorized Issuing Official January 3, 2024 This permit may be void or revoked if any performance conditions are not completed or if any prohibitory conditions are violated. Date Town, City, Village, State or Federal Permits May Also Be Required SHORELAND/WETLAND LAND USE — X SANITARY — SIGN — SPECIAL — CONDITIONAL — BOA — BAYFIELD COUNTY WEATHERIZE AND POST THIS PERMIT ON THE PREMISES DURING CONSTRUCTION No. 24-0004 Tax ID: 36315 Issued To: RICHARD & BARBARA BARRY REV TRUST Location: '/4 of '/4 Section 27 Township 46 N. Range 7 W. Town of DELTA PAR IN Gov't Lot 2 Lot Block Subdivision CSM# DESC IN V.1074 P.397 451 & 452 Residential Structure in R-1 zoning district For: Accessory: [ 1- Story ]; Garage on a Slab (32' x 48') = 1536 sq. ft. ] Height of 18' (Disclaimer): Any future expansions or development would require additional permitting. Condition(s): Must meet and maintain setbacks including eaves and overhangs. Adhere to DNR wetland fill approval conditions. For personal storage only. Not for human habitation or sleeping purposes. No pressurized water in structure. A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency may be required. Build as proposed. Town/State/DNR permits may be required. NOTE: This permit expires two years from date of issuance if the authorized construction work or land use has not begun. Changes in plans or specifications shall not be made without obtaining approval. This permit may be void or revoked if any of the application information is found to have been misrepresented, erroneous, or incomplete. Tracy Pooler, AZA Authorized Issuing Official January 3, 2024 This permit may be void or revoked if any performance conditions are not completed or if any prohibitory conditions are violated. Date Deb Knnetz From: John Nyara <jfnshooter@centurytel.net> Sent: Monday, January 8, 2024 3:25 PM To: Deb Kmetz Subject: Richard Berry permit You don't often get email from jfnshooter@centurytel.net. Learn why this is important Bayfield Co Zoning To whom it may concern: This is John Nyara and I am asking for a change in Richard Barry's garage permit. For total height the permit calls for 14 ft. I am asking for the total height to be changed to 18 ft. With 10 ft. walls we need an additional 8 ft so the pitch of the roof is steeper. Thank you. Town, City, Village, State or Federal Permits May Also Be Required SHORELAND/WETLAND LAND USE — X SANITARY — SIGN — SPECIAL — CONDITIONAL — BOA — No. 24-0004 Tax ID: 36315 BAYFIELD COUNTY PERMIT WEATHERIZE AND POST THIS PERMIT ON THE PREMISES DURING CONSTRUCTION Issued To: RICHARD & BARBARA BARRY REV TRUST Location: '/a of /< Section 27 Township 46 N. Range 7 W. Town of DELTA PAR IN Gov't Lot 2 Lot Block Subdivision DESC IN VA 074 P.397 451 & 452 Residential Structure in R-1 zoning district Is For: Accessory: [ 1-Story]; Garage on a Slab (32' x 48') = 1536 sq. ft. ] Height of 14. CSM# (Disclaimer): Any future expansions or development would require additional permitting. Condition(s): Must meet and maintain setbacks including eaves and overhangs. Adhere to DNR wetland fill approval conditions. For personal storage only. Not for human habitation or sleeping purposes. No pressurized water in structure. A Uniform Dwelling Code (UDC) Permit from the locally contracted UDC Inspection Agency may be required. Build as proposed. Town/State/DNR permits may be reauired. NOTE: This permit expires two years from date of issuance if the authorized construction work or land use has not begun. Changes in plans or specifications shall not be made without obtaining approval. This permit may be void or revoked if any of the application information is found to have been misrepresented, erroneous, or incomplete. This permit may be void or revoked if any performance conditions are not completed or if any prohibitory conditions are violated. Tracy Pooler, AZA Authorized Issuing Official January 3, 2024 Date Planning and Zoning Depart PQ'8axsa Itir%SMI 5A$9Z INSTRUCTIONS: No permits will be issued gain all fees are pai& checks are made payable te: Sayfield County Zoning Department. Do NOT START CONSTRUCTION UNTIL ALL PQ2I1AfTS HAVE MN ISS M To APFUCANT_ Original Application MUST be submitted FILL OUT IN INK (NO PENCIL) �Shoreland . Is Property/Umd within 300 feet of River, Stream U xL a+tcr�) Creek or Landward side of Floodplain? if yes —continue Distance Structure is from Shoreline : feet Is your Property Floodplain Zone? "" Yes Are Wetlands pint? e Is Property/Land within 1000 feet of Lake, Pond or Flowage Distance Stru from Shoreline: off® Ifyes—continue—► _ feet .-- ND ' _ Non- Shoreland Value atTime. of Completion ' 1NatT a of _. yP Type of # includeProject Project Project bedroams . . Sewer/Sanitary. Systems) 1Nater donated time _ # of Stories Foundation , .' on ; ,Is on the property or. : on & material property _ - . Will be on the property? property X.New Construction 1-Story 7 Basement :J' Municipal/city O ty Addition/Alteration 1-Story + Loft Foundation _, 2 __ (New) Sanitary Specify Type: '�' Well :-�;_ _ $000 '� _ Conversion _, 2-Story _ Slab g Sanitary (Exists) Specify Type: — Relocate (existing bidg)_'-- �; Privy (Pit) or Vaulted (min 200 gallon) �= Run a business on Use None Portable (w/service contract) Property Year Round = ; Compost Toilet 0 ❑ None } Existing Structure: (if addition, alteration or business is being applied for) Length: Width: Height: Proposed Construction: (overall dimensions) Lengtfi: Width: rHeight:LvA- Proposed Use j Residential Use 13 Commerdal Use Municipal Use ✓ ❑ Proposed Structure Principal Structure (first structure on Oroperty) Dimensions ( X ) Square Footage ❑ Residence (i.e. cabin, hunting shack, etc.) ( X ) with Loft ( X ) with a Porch ( X ) with W9 Porch ( X ) With a Deck ( X ) with (2n) Heck ( X ) with Attached Garage ( X ) ❑ Bunkhouse w/ (C sanitary, or 0 sleeping quarters. or. E cooking & food prep facilities) ( X ) ❑ Mobile Home (manufactured date) ( X ) ( X ) f .his v . _ Addition/Alteration (explain) arraccnrw RiMerino lea....h:..t a 'M rn .7 1❑ SSG I