3.11.120 Application for Permit

Application for a permit to use protected wetlands or watercourses for a purpose described in Section 3.11.070 shall be filed with the Bad River Natural Resources Department. Unless the Wetlands Ordinance Administrator waives one or more of the following information requirements, applications for a permit for a regulated activity shall include:

(a) An application for a permit to conduct a regulated activity shall be made in duplicate to the Wetlands Ordinance Administrator on forms furnished by his or her office. Permits shall ordinarily be valid for a period of two years from the date of issue and shall expire at the end of that time unless a longer period is specified by the Wetlands Ordinance Administrator upon issuance of the permit. An extension of an original permit may be granted upon written request to the Wetlands Ordinance Administrator by the original permit holder or the successor in title. The request for renewal of a permit shall follow the same form and procedure as the original application except that the Wetlands Ordinance Administrator shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in any way. The Wetlands Ordinance Administrator may require additional information notice and/or hearings if, in his or her judgment, the original intent of the permit is altered or extended by the renewal or if the applicant failed to abide by the terms of the original permit.

(b) Duplicate copies of a drawing of the proposed activity, including at least the following:

(1) Title block, including the applicant's name, name of the waterbody, County, City, (Township, Range, Section, 1/4, 1/4), description of activity, scale of drawing, date drawing was prepared, name and professional credential of the engineer, architect, or planner preparing the site drawing and the name and professional credentials of the wetlands scientist or environmental specialist who delineated the wetland boundaries;

(2) Copy of wetland delineation report that includes a functional assessment on each different wetland type of the project, unless delineation was executed by the Bad River Natural Resources Department. The functional assessment method is to be submitted for approval to the Bad River Natural Resources Department for approval prior to the execution of the wetland delineation;

(3) Location and extent of protected wetlands and watercourses are to be identified through field investigation and presented on a topographic map of suitable scale. A scale of at least one (1) inch equals fifty (50) feet is required for all projects;

(4) Types of wetlands on the site, e.g., forested, shrub swamp, shallow marsh, wet meadow, and aquatic bed, are to be identified by using classifications as outlined in the Eggers, Steve D. and Donald M. Reed. 1997. Wetland plants and communities of Minnesota and Wisconsin. U.S. Army Corps of Engineers, St. Paul District. Northern Prairie Wildlife Research Center Online. http://www.npwrc.usgs.gov/resource/1998/mnplant/mnplant.htm Version 03SEP98;

(5) A site plan, or planning map (mylar) which overlays the proposed development or project onto wetlands and watercourses, where existing and proposed structures shall be clearly identified in relation to existing wetland features and topography. If existing structures were previously authorized by Tribe, township(s), Ashland County, state, or federal permit, list the corresponding permit numbers;

(6) Typical cross sections of existing and proposed structures, dredge cuts and fills, including dimensions and elevations, and location of wetlands;

(7) Identification of type, volume, and area for proposed construction materials, dredge material, and fill materials;

(8) Identification of type and location of soil erosion control measures to be used during construction, including measures which will be used to trap sediments which might otherwise run off into wetlands;

(9) Identification of disposal areas for dredged material, if any, vicinity map showing the disposal area if off-site disposal is proposed, and method for containing dredge material to prevent re-entry into wetlands or watercourses;

(10) Bridge or culvert cross section, if any, including the location of wetlands, and a profile of the proposed structure showing the proposed end treatment and bank stabilization locations; and

(11) Consent to jurisdiction of the Bad River Tribal Court.

(1) Name of project and brief description (one sentence);

(2) Date upon which the activity is proposed to commence;

(3) Explanation of why the project meets the use standards and criteria contained in Section 3.11.160 of this ordinance;

(4) List of all federal, state, county or other local government agency permits or approvals required for the proposed project including permit approvals or denials already received. In the event of denials, the reasons for denials shall be given. Attach copies of all permits which have been issued;

(5) Identification of any present litigation involving the property; and

(6) Signature of applicant.

(d) Additional information. The Wetlands Ordinance Administrator may require additional information from the applicant, including, but not limited to, documentation and evidence of a wetland boundary determination by field survey; documentation of the ecological, aesthetic, economic, or other values of a wetland; a study of flood, erosion, or other hazards at the site; evidence of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this ordinance or to evaluate the proposed use in terms of the purposes of this ordinance.

(e) Any person may request whether a proposed activity or an area is subject to this ordinance by written submittal to the Wetlands Ordinance Administrator. Such a request for jurisdictional determination shall contain plans, location map, wetland data, and other information as may be specified by the Wetlands Ordinance Administrator.