(1) No operator may engage in barge fleeting
activities in navigable waters of the state without complying with this
chapter, except that fleeting activities in existence on December 1, 1982 may
continue without a permit until a final permitting decision is made, provided a
permit application is filled with the department by April 1, 1983. An applicant
for a barge fleeting permit for either an existing or proposed activity shall
submit an application to the department on forms provided by the
department.
(2) The following
information shall be included in the application:
(a) Proof that the applicant has riparian
rights on the navigable waterway at the location of the proposed fleeting area.
Proof may include fee simple title, a lease of riparian or mooring rights from
the riparian owner, or written permission from the riparian owner. The
department shall be notified by the operator of any action to terminate a lease
or written permission.
(b) A map
extending at least 1/4 mile up and downstream from the proposed fleeting area
showing the location of the proposed fleeting area by section, township, range,
and river mile and by major identifiable features in the immediate area such as
locks and dams, incorporated areas, roads, bridges, and county lines. The map
shall indicate designated fish and wildlife areas and refuges; existing
recreational areas; historical, archeological and cultural sites, if known;
residential housing locations; and existing adjacent water or shoreland uses
which, together with fleeting operations, would present an unusual risk of
fire, explosion, collision, contamination or other serious safety hazards. The
map shall also show the following navigation-related features:
1. Docks,
2. Landings,
3. Harbors,
4. Marinas,
5. Dikes,
6. Revetments,
7. Islands,
8. Navigation or warning lights,
9. Left and right channel line
buoy,
10. Wing dams, and
11. Submerged cable and pipeline
crossings.
(c) A
description of local land use and zoning in the vicinity of the proposed
fleeting area.
(d) A drawing of the
proposed fleeting area which contains the following: plan view and
cross-sections to show existing pertinent topographic and hydrographic
features; referenced government datum plane; scale, both vertical and
horizontal (not smaller than 1" = 400' horizontal); north arrow; current
directions; flow area; property lines and adjacent property owners by name and
address; proposed features including dolphins, anchors, deadmen, mooring
barges, mooring cells and buoys, and other devices; mooring facility size and
configuration; and maximum number and size of barges to be moored, and routes
used by any tow entering or leaving the fleeting area.
(e) A list of undeveloped alternative
fleeting sites considered by the applicant and the reasons why the proposed
site was preferred over them.
(3) An application for renewal of an existing
barge fleeting permit shall include a description of all changes in the
information submitted with the previous application, and additional information
requested by the department to act on the request for renewal.
(4) An application may not be considered
complete until the appropriate environmental analysis is completed under ch. NR
150.
