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Home My Public Portal About1984.09.24 Sports Marina Encroachment Permit L-65-S-475O STATL OF IDAHO DEPARTMENT OF LANDS STATEHOUSE, BOISE, IDAHO 83720 ENCROACHMENT PERMIT NO. L-65-S-475 Permission is hereby granted to CITY OF McCALL of P.O. Box 1065, McCall, ID ' 83638 to construct and maintain a dock to be located as follows: Sports Marina opposite Fir St. & adjacent to Lakeshore Blvd. McCall 1st. addition (Boat ramp) Lot 2, Section 9, Township 18 North, Rance 3 Ea! 1. Construction will follow details and specifications shown on the approved drawings, and made a part hereof, together with any special conditions, procedures or endorsements required by the Department appearing on attached pages 1 through 2 . 2. This permit does not convey the State's title to or jurisdiction or manage- ment of lands lying below the natural or ordinary high water mark. 3. Acceptance of this permit constitutes permission by the permittee for repre- sentatives of the Department of Lands to come upon permittee's lands at all reasonable. times to inspect the encroachment authorized by this permit. 4. The permittee assumes all liability for damages which may result from the exercise of this permit. 5. All applicable provisions of the Rules for Regulation of Beds, Waters and Airspace over Navigable Lakes and Streams in the State of Idaho, are incor- porated herein by reference and made a part hereof. 6. The Director of the Department of Lands may cancel this permit for cause upon notice and hearing as provided for in the adopted rules. 7. This permit is contingent upon removing any abandoned portion of the existing dock from Payette Lake. 8. On all foam floatation devises, the foam must be entirely enclosed in wood. The wood must be 2" thick -or larger. FOR THE DIRECTOR BY: TITLE: Area Supervisor DL-1751-75 DATE._�� _ e•temb.er, .19 EF, BUREAU OF NAVIGABLE TERS STATE OF ][DAI-E 0 DEPARTMENT OF LANDS PAYETTE LAKES AREA OFFICE P.O. Box AS, McCall, Idaho 83.638 (208) 634-7125 ENCROACHMENT PERMIT No.L-65-S-475 Page 2 9. This permit does not relieve the permitee from obtaining additional local or Federal permits as required. 10. A11 health and Water Resources laws must be complied with. 11. A11 construction waste (i.e. wood chips) must be removed from lake the same day they are put there. No wood may be treated over the lakebed. 12. This permitis not valid until the number assigned is displayed in figures not less than three inches (3") in size on the mooring. 13. Only Coast Guard approved buoys will be allowed. The buoy must be spherical in shape and made of plastic or. foam. 14. As a condition of this permit, th.e Director may require a lease for us.e of any part of the State owned bed of the lake. EQUAL OPPORTUNITY EMPLOYER Ident: ration No. Area STATE OF IDAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT . ON A NAVIGABLE LAIC OR RESERVOIR Pursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) Name of applicant: G- � d-� Post office address: if /C (1. Telephone Number: 142- 2. Name of lake or stream: 41„ �� ;A? 3. Name and address of contractor: �� (1.1QeW /v\c. r2.(7 4. Proposed starting date of construction and installation: c c+ (- 118.. II --.. ^^ •Firs • � 5. Property description: '-Ts I "WNAl( (7j0n, fiL , .s- .. `..- (;<J 611/C1- - A4ete /-SI~: alell ,�v1 (11. A.1:411 in II p - (1/16 or Lot No.) of Section l , Township % ) , Range t ,B.M. 6. Type of structure proposed: (Please check and attach a descriptive drawing.) INITIAL CONSTRUCTION YES X NO Breakwater }‹, Dock • Bulkhead Piling Boathouse . Fill Excavation Other (Please specify) �1 7. Lencth of encroachment waterward from the ordinary highwater mark: / OO 8. Width of encroachment at ordinary highwater mark: / , at maximum Length: 9. Water depth at maximum length: 10. Signature of applicant: 11. STATEMENTS OF ADJACENT PROPERTY OWNERS am the owner of-ri-arian or littoral property adjacent to the ty lisfed in this application. I am f iliar with the scope and location of the p •t'r• s4( encroachment as evidenced b acc• . pan ng plans which I have initialed and I offer no otyj ection to the encroachment Date: .=5;cvqf E STATE oF IDAHO DEPARTMENT OF LANDS STATEIIOUSE, BOISE, IDAHO 83720 GORDON C. TROMBLEY DIRECTOR 12 July 1977 TO: Reviewing Agencies FROM: Department of Lands SUBJECT: L-65-S-372 Sports Marina, Inc. .0 STATE BOARD OF LAND COMMISSIONERS JOHN V. EVANS GOVERNOR AND PRESIDENT PETE T. CENARRUSA SECRETARY OF STATE WAYNE L. KIDWELL ATTORNEY GENERAL JOE R. WILLIAMS STATE AUDITOR ROY TRUBY SUP,' OF PUBLIC INSTRUCTION Attached is an application for an encroachment permit to construct and install mooring floats and a building addition to an existing structure covered under State of Idaho Permit No. PA-3. The installation will be adjacent to Lots 1-5, Block 4, First Addition to McCall, Settion 9, Township 18 North, Range 3 East, B.M., in Payette Lake. Please review this application and submit your comments and/or recommendations to us no later than 12 August 1977. Thank you. Very truly yours, DIVISION OF EARTH RESOURCES WILLIAM A. SCRIBNER, Chief Bureau of Navigable Waters WAS:ph Attachments cc: Department of Fish & Game Department of Health & Welfare / Valley County Planning & Zonings Payette Lakes Area 91T(} v= 6.1e( iL.1, .i/ EQUAL OPPORTUNITY EMPLOYER NOTICE OF APPLICATION Pursuant to Section 58-142 et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that SPORTS MARINA, INC. of Box 869, McCall, ID has made application to construct or install xC mooring floats and a building addition in Payette Lake Lots 1-5, Block 4, First adjacent to Addition to Mc�'>> >> Section Range 3 Baet B.M. in Valley 9 , Townshiplg North , County. Written objections to or requests for hearing in this matter must be on file with the Director, Department of Lands, Statehouse, Boise, ID 83720 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from the Director, Department of Lands. G. C. TROMBLEY Director Department of Lands DL - 1750A (74) CF:'•— 3) Identification No. 1. Name of applicant Post office address Area STATE OF IDAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT ON A NAVIGABLE LAKE OR NAVIGABLE STREAM Pursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) Prrt's f ritt4 2.-f _ po-a g67 Telephone number 6 3 y— s—g G O _ 2. Name of. lake or stream: J'Y� cc,� , ;274 � y / ; tributary to ( . 3. Elevation of High Water Mark 4. Property description _�,L,4.`eq04,4606_ Low Water Mark .in (1/16 or Lot No.) of Section Township -., c Range , B.M. in County. 5. Type of structure proposed (Please check): Breakwater Dock sl. Piling Boathouse Bulkhead Fill Excavation ,tj�,�ow,� dr er (Please specify) 6. Length of encroachment waterward from High Water Mark 7. Width of encroachment at high water mark , at maximum lengti► • 8. Water depth at maximum length at nigh wat,r Signature of applicant 9. STATEMENTS OF ADJACENT PROPERTY OWNERS I, CITY OF MCCALL am the owner of riparian or littoral property adjacent to the property listed in this application. I .am familiar with the scope and location of tha proposed encroachment as evidenced by accompanying plans whicc aave initialed and I offer no objection to the encroachment. Uate CITY..OP— ALL Name��i .--- BOX 1065 MCCALL, IDAHO Date ?72/• ] % :;VANS; MAYOR City of .McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 November 14, 1984 Departmert of Motor Vehicles Boise, Idaho 83720 Dear Sirs: In regards to the Sports & Marina commerical establishment, the building and sales area is located below the high water mark of Payette Lake and therefore is unzoned. The City of McCall has no zoning jurisdiction for that area and therefore can only inform you that we have no objection,to the sale of motorcycles. In reviewing with the State Department of Lands the lease with Sports & Marina is a commerical one and does allow such sales, If this letter is not adequate for your Ime please contact our office for further information. Sincerely, Jim Smith City Administrator Robert H. Remaklus ROBERT H. REMAKLUS, LAWYER P.A. Professional Center Building Post Office Box 759 Cascade, Idaho 83611 Telephone 12081382-4267 October 31, 1984 Mr. Robie Russell Deputy Attorney General Statehouse Boise, Idaho 83720 Re: Sports Marina Lease Agreement Dear Mr. Russell: ily Enclosed is a photocopy of the lease agreement we have been discussing. Your particular attention is directed to the paragraph entitled ASSIGNING AND SUBLETTING ap- pearing on the fourth page thereof. At sometime in the past the lease was assigned to Sports Marina, Inc., and now the corporation As seeking permis- sion from the city to assign such lease to a new purchaser of the premises. Mr. Hardy has at all times until the pre- sent been an owner of the marina or the president of the corporation.. The present city council is seeking a more realisticrental for the premises before approving the assignment. Mr. Hardy and the new marina manager appeared at the last city council meeting to object. One of the principal ob- jections is that no other business in the city pays rent to the city to operate a business adjacent to a dedicated city street. The fact being that the structure is situ- ated over the surface of Big Payette Lake resting on piers and foundations located below the high water line. In order to more fully outline the factual situation I am also enclosing a plat of McCall's First Addition and a copy of an aerial photograph obtained from the County Assessor. Lake Shore Boulevard runs North and South and its width extends from the Westerly boundaries of Blocks 3, 4, 5 and 6 of McCall's First Addition Westerly to the high water line of Big Payette Lake. Mr. Robie Russell October 31, 1984 Page 2 I have marked Mr. Hardy's property in red, Lot 1 through 5 of Block 4, which is across Lake Shore Boulevard from the marina. The marina building does not extend along Lake Shore Boulevard as far as Mr. Hardy's property. .The leased property is shown by the broken lines extending West from the Hardy property lines. The aerial photo shows the boat slips and the marina build- ing. It also shows the area immediately South of the mar- ina building and boat ramp which has been filled in for boat and trailer parking. It is my understanding that County Waterways funds went to.pay for the fill. It is not part of the leased property. North of the building you can see on the aerial trees and bushes that are crowing in the street. The questions that immediately occurred to me are as follows: 1. Is the city as trustee of a dedicated street in the same position as a riparian or littoral owner? 2. Even if so, does the city in fact have anything to lease in this case? 3. Does the city have the right to require greater rent in return for permission to assign the lease? The question of a reasonable rental value may best be deferred until the foregoing questions are resolved. The limited research materials available here have not yielded much. Your assistance in determining the rights of the city herein shall be most appreciated. Perhaps the Deputy Attorneys General assigned to the State Land Department and the Water Resources Board can also help. In any event, I shall look forward to hearing from you. Thank you for your continued good counsel. Very truly yours, Robert H. Remaklus bb cc City Administrator Ey, 0 LaeeLezi Pub e 7601