Laserfiche WebLink
onsin \ DEPARTMENT OF NATURAL RESOURCES <br /> State of Wisc SPOONER RANGER o STATION 0 <br /> Spooner, Wisconsin 54801 <br /> TELTEL oFAX 715-635-40NE 12 <br /> WISCONSIN <br /> DEPT. OF NATURAL RESOURCES nou 196, <br /> `� <br /> FYI J� Jt% 3500 <br /> March 31, <br /> 1995 NW-C2940 <br /> Gerald Wagner - Thousand Lakes Real Estate <br /> P.O. BOX W99 54812 <br /> Barron, <br /> Dear Mr. Wagner: iaccess <br /> This letter is in response to the questions we recently_ n Burnet regarding <br /> a potential building site adjacent to Fremstadt Lake n Burnett County- <br /> This <br /> As we discussed, the wet sedge meadow area on this lot is below td lake he Ordinary <br /> ere <br /> Highwater Mark (OHWM) of Fremstadt Lake and as such is ersondmay operateein or on <br /> Statute Chapter 30.29 (2) specifically states that no p Y p <br /> any navigable water or the exposed bed of a navigable water. While there are <br /> specific exceptions for stream crossings, boat launching, and frozen water access. <br /> sp <br /> spexceptions exist for driveway crossings. Structures and deposits (sand blanket <br /> crushed rock etc.) for these specific exceptions do not, however include fill. T <br /> only permit process to place fill below the OHWM is a bulkhead line. This proca�s <br /> requires the local unit of Government to apply for the permit. <br /> We also discussed the definition and interpretation of the OHWM. I agree that this <br /> area has not been inundated by water since the high water of 1986, however the <br /> biological and physical indicators used in determining the OHWM are visible (see <br /> enclosed pamphlet "The Ordinary High Water Mark") . This situation in not unique to <br /> Fremstadt lake as many of the groundwater seepage lakes in Northern Wisconsin have <br /> similar conditions. <br /> From our brief observations on the site it appears that some type of building on <br /> this upland point would meet the 75 foot setback requirement of the Burnett County <br /> ordinance. Because we feel the statutory standards for this proposed variance will <br /> not be met, we would appose the granting of a reduced setback on this lot. The <br /> scope and intent of the shoreland ordinance and Wisconsin Administrative Code <br /> NR115 includes protecting near shore areas from disturbance and other impacts <br /> associated with building development and are not solely limited to aesthetic <br /> considerations. We feel reasonable alternative do exist on this property. i <br /> If you have additional questions or wish to discuss this matter further please/ <br /> contact me at the above phone number or address. <br /> i erely, <br /> John Haack <br /> Water Management Specialist <br /> cc. Jim Flanigan - zoning <br /> Ed Slaminski - CBL /�/�/fli / ' <br />