Gierhart 11/11/2020 - Laserfiche WebLink

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Mr. Jason Towne, Land Services Director November 11, 2020 Page 2 for additional boat slips on Birch Island Lake,the Birch Island Association may intervene and seek to enforce the restriction in the Developers Agreement as a third-party beneficiary. The 2002 amendment to the PUD emphasizes that one of Voyager Village's missions is to minimize the impact of its recreational plan on the quality of lake water and of plant and fish life. It asserted that it wanted to avoid"overcrowding" of the lakes. In addition, Wisconsin law requires consideration of the rights of other riparian owners with respect to the addition of boat slips, even if such slips are otherwise exempt for DNR permitting requirements. See Wis. Stat. § 30.12( Ig?. The proposed boat slip additions would jeopardize the rights of the riparian owners of the Associations. Both lakes are small, shallow, and sandy which makes them susceptible to damage caused by boat traffic,further diminishing water quality. Water quality has deteriorated on Birch Island Lake and Loon Lake over the past years—the addition of more boat slips would jeopardize it further. The inability to utilize the lake due to increased boat traffic and decreased water quality adversely impact the rights of the riparian owners and we would ask Burnett County take that into consideration should any application be filed with your office seeking a modification from the limitation set forth in the Developers Agreement. We kindly request you advise us if Voyager Village makes any request to your office for the approval of additional boat slips on Birch Island Lake or Loon Lake or if you receive word that any such application has been submitted to the DNR. Thank you in advance for your attention to this matter. Very Truly Yours, Weld Riley, S.C. y f1 f 7DP7= 1 a :..i Christopher B. Gierhart CBG/tak cc: Mr. Nathan Ehalt, County Administrator(via email) Mr. Dan Harrington, Wisconsin Department of Natural Resources(via email)