Notice of Complete Application for and Public

Informational Hearing for Proposed Dredging and Pier

John Eral, 1426 Triangle Drive, Houlton, WI 54082 has applied to the Department of Natural Resources for an after-the fact permit to place a pier and remove materials from the bed of Saint Croix River. This is an after-the-fact permit application for the restoration of the shoreline in order to abate a violation. Mr. Eral will remove approximately 350 to 400 cubic yards of fill he placed below the Ordinary High Water Mark (OHWM) of the St. Croix River. This fill material will be placed to the toe-of-the slope (approximate elevation of 680.0). Upon completion, the site will match the natural topography and pre-construction condition for the entire length of the property. Extra strength fiber mat (Type C, Class 2) will be placed with stakes starting 6 feet up the slope to 3 feet down the slope of elevation 680.0. In addition, reinforced solid wire silt fencing will be staked on top of all the fiber matting. The site will then be seeded and mulched with a mixture approved by the Army Corps and shall be broadcast no later than June 30, 2010. *The specifications listed above also apply to the 144 sq ft of disturbance to the neighboring property to the north. All erosion control structures including the turbidity barrier shall remain in place until vegetation has been established and the Department of Natural Resources and the Army Corps of Engineers have signed off on this project. Mr. Eral also proposes to place a pier, along his 200’ of frontage. The “L” shaped pier will be made from steel framed dock sections with plastic, molded dock floats attached. 2 x 6 and 2 x 8 wooden decking will be placed on top of the steel frame. (8) Steel spud poles will anchor the docks into position. The main stem of the dock that runs parallel to the shore will be 8’ wide x 25’ long and the loading area that runs down stream will be 6’ wide x 30’ long. The pier will be used to moor (2) boats at this time. There will also be (2) floating access walkways: 8’ long x 3’6” each. The pier sections will only extend out to a water depth of 4-6”.

The project is located in Section 22, T30N, R20W, Town of St. Joseph, St. Croix County. The site is also known as 1436 Triangle Drive, Houlton, WI 54082.

The Department has determined that the application is complete and is currently evaluating the applicant’s proposal. The Department must consider factual information about the following legal standards in deciding whether to issue, modify, or deny the approval or permit to the applicant:

* Whether navigation is materially obstructed, including commercial, recreational, active and passive forms of navigation

* Whether there is detriment to the public interest, including fish and wildlife or their habitat, natural scenic beauty or water quality

* Whether the flood flow capacity of a stream is materially reduced

The Department will follow the steps below to reach its final decision on the application:

1. Review the plans and information provided by the applicant.

2. Review the information from public comments.

3. Review the information presented at a public informational hearing if one is requested.

4. Review the information found in natural resource inventories and plans, maps, or data collected by the Department or others using commonly accepted methods.

5. Determine whether the proposed project or activity complies with s. 1.11, Stats [the Wisconsin Environmental Policy Act], and ch. NR 150, Wis. Adm. Code.

If you would like to know more about this project or would like to see the application and plans, contact: Carrie Stoltz, 890 Spruce Street, Baldwin, WI 54002 or phone (715) 684-2914 Ext 119 or email Carrie.Stoltz@wisconsin.gov.

The Department has made a tentative determination that it will issue a permit with conditions to the proposed activity. This action is not anticipated to result in significant adverse environmental effects.

Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request.

Any member of the public may submit written comments to the address above by U.S. mail. Comments should include the docket number or applicant name. If no public informational hearing is held on this application, comments must be postmarked no later than 30 days following the date of publication of this notice. If a public informational hearing is held, comments must be postmarked no later than 10 days following the date on which the hearing is completed.

If notice of a public informational hearing is not included in this notice of complete application, no public informational hearing will be held unless the Department receives a request for hearing. If no hearing is requested, the Department may issue its decision without a hearing.

Any person may request a public informational hearing by writing to the address above by U.S. mail postmarked no later than 30 days following publication of this notice. A request for hearing must include the docket number or applicant name and specify the issues that the party desires to be addressed at the informational hearing. Because the Department must base its decision to issue or deny the permit or approval on whether the project or activity meets the legal standards listed above, the issues raised should relate to those standards.

Pursuant to s. 30.208(3)(e), Stats, within 30 days after the public hearing is held, the department shall render a decision that approves, modifies or denies the permit that is the subject of the application by mailing its decision to the applicant.

The final decision may be appealed as indicated in the decision document.

Docket Number IP-WC-2010-56-00514

WISCONSIN DEPARTMENT OF NATURAL RESOURCES

For the Secretary

Carrie Stoltz, Water Management Specialist

(Pub. 3/18/10) WNAXLP

Tags: public notices, general legals