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HomeMy Public PortalAbout1988.04.06 Encroachment Permit IDL & Sports Marina=er a STANLEY F. HAMILTON DIRECTOR Sports Marina, Inc. P. O. Box 869 McCall, Idaho 83638 STATEHOUSE, BOISE, IDAHO 83720 June 10, 1988 Re: Encroachment Permit No. L-65-S•-372D Gentlemen: Enclosed is your fully executed copy of the above -mentioned encroachment permit for the purpose of installing a rubber tire and log breakwater, gas dock, 130 slip marina and a 46' x 110' retail sales building. Please read the permit carefully and comply with all of its terms. Also enclosed is receipt number 28532 for payment of your fees. LEN:lr Encls. cc: Payette Lakes Area Sincerely, LANCE E. NIELSEN, Chief Bureau of Navigable Waters BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor PETE T. CENARRUSA Secretary of State JIM JONES Attorney General JOE R. WILLIAMS State Auditor JERRYL.EVANS Sup't of Public Instruction KEEP IDAHO GREEN PREVENT WILDFIRE STATE OF .IDAHO DEPARTMENT OF LANDS STATEHOUSE, BOISE. IDAHO 83720 STANLEY F. HAMILTON DIRECTOR ENCROACHMENT PERMIT NO. L-6 5-s-372D Permission is hereby granted to RPnRTR MARTNA, Thy- , P. O. Box 869, MrCal 1 , Idaho 83638. to install a rubber tire and log hrpakwaFp,r, gac dock, 130-slip marina and 46' x 110' retail sales building. to be located as follows: Lakefront of City Street (East Lake St.) in front of lots 1-10, Block 4, McCall 1st Addition, Sec. 9, Township 18N, Range 3E, Valley County. • 1. All applicable provisions of the Rules for Regulation of Beds, Waters and Airspace over Navigable Lakes and Streams in the State of Idaho, are incorporated herein by reference and made a part hereof. 2. Construction will follow details and specifications shown on the approved drawings and data provided by the appi icant. Should such information and data prove to be materially false, incomplete and/or inaccurate, this authorization may be modified, suspended or revoked upon notice and hearing as provided for in the adopted rules. 3. This permit does not convey the State's title to or jurisdiction or management of lands lying below the natural or ordinary high water mark. 4. Acceptance of this permit constitutes Remission by the Permittee for representa- tives of the Department of Lands to come upon Permittee's lands at all reasonable times to inspect the encroachment authorized by this permit. 5. The Permittee assumes all liability for damages which may result from the exercise of this permit. 6. This permit does not relieve the Permittee from obtaining additional local or Federal permits as required. 7. This permit is not valid until the number assigned is displayed in letters not less than three inches in size upon the dock or piling. 8. If the activity authorized herein is not completed on or before the 2nd day of June 19 91 (three years from the date of.issuance of this permit), this permit shall automatically expire unless it was previously revoked or otherwise extended. SEE SPECIAL TERMS ON BACK. Identification No. L-6 S-5- 37Z--V Area STATE OF IDAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT ON A NAVIGABLE LAKE OR RESERVOIR Pursuant to Adopted Rules And Applicable Statutes (TY,P/E OR PRINT IN INK) 1. Name of applicant: <2 /N!-,�ic� / . C_ SD Post office address: MeMe/ /V/C Z.% 3" Telephone Number: G 3- 6/ 2. Name of lake or stream: Pcz,Oe�l/!L? d —2 3 Name and address of contrac r: /i ili fe9yv( (1-?A!ev1711 MGC f 1� 4. Proposed starting date of construction and installation: t1% 5. Property description: a4 ) — 1 L (-I Mo dt/ in (1/16 or Lot No.) of Section q , Township) , Range: ,. ,B.M. 6. Type of structure proposed: (Please check and attach a descriptive drawing.) Breakwater xj Dock piling Boathouse Excavation Other (Please specify) 7. Length of encroachment waterward from the ordinary highwater mark_ 3 S ` Bulkhead Fill 8. Width of encroachment at ordinary highwater mark: 3G9r , at maximum length: 300/ 9. Water depth at maximum length: 7,6 / 10. Signature of applicant: tit 11. STATEMENTS OF ADJACENT PROPERTY OWNERS Date: I, 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 the proposed encroachment as evidenced by accompanying plans which I have initialed and I offer no objection to the encroachment. Date Name SPORTS MAR/NA, INC. G �A :.v et 1� P. O. Box 869, McCall, Idaho 83638 (208) 634- 8S G . t le A ..%' �— Tice s 3 pka P To-rtee s pF4•1•41-e-d AIle. /vAfiy fled bvlt.ta 1- etiF °St d IJR EA lr u/A 7Ze(< S S i,100 /'.. AHAel,d t 6A ek 72„ - wAs%eRS t L- o c is S:cic %awl' ST A E oF IDAH O OF LANDS STATEHOUSE, 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. STATE BOARD OF LAND COMMISSIO JOHN V EVANS GOVERNOR AND PRESIDENT PETE T. CENARRUSA SECRETARY OF STATE WAYNE L KIDWELL ATTORNEY GENERAL JOE R. WILLIAMS STATE AUDITOR ROYTRUBY SUPT 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, Section 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 eilij �.,t r��eC'AL� yy// EQUAL OPPORTUNITY EMPLOYER Identification No. // fay Area STATE OF I DAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN F.NCROACIMENT ON A NAVIGABLE LAKE OR NAVIGABLE STREAM 1. Name of applicant Post office address Telephone number Fursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) S Q 1-1—L Lte A •L�y_ . p. 0. l3 a x '6 6 3 y- 3-9G o 2. Name of lake or stream: _ � �. [rl� �.. _ y /12 eC-/!/ -/4 /6 ! ..l tI .1. tributary to 3. Elevation of High Water Mark Low Water Mark 4. Property description t.- / ' in (1/16 or Lot No.) of Section Range , B.M. in S. Type of structure proposed (Please check): x Breakwater Dock Filing Boathouse. Excavation 404449,!,, er (Please specify) 6. Length of encroachment waterward from High W ter Mark 7. Width of encroachment at high water mirk 8. Water depth at maximum length at nigh watyY Signature of applicant 9. STATEMENTS OF ADJACENT PROPERTY OWNERS , Township County. • c c. I, CITY OF MCCALL to the property listed in the proposed encroachment offer no objection to the 1411.07 , Date , at maximum length Bulkhead Fill Date J1/_.ZJ am the owner of riparian or littoral property adjacent this application. 1 ,am familiar with the scope and location of as evidenced by accompanying plans whic_b_L_-have initialed and I encroachment. c]TY _OF`i79CALL " _ ivaine44' " BOX 1065 MCCALL, IDAHO AuuiccSS i 4 AN$ " MAYOR I, am the owner of riparian or .littoral property adjacent to the property listed in this application. I am familiar with the scope and locaticn of the proposed encroachment as evidenced by accompanying plans which I have initialed End I `bffer no objection to the encroachment. Date Name Address STANLEY F. HAMILTON DIRECTOR James Hardy dba Sports Marina, Inc. P.O. Box 869 McCall, ID 83638 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 '~ BOARD OF LAN[ COMMISSIONER.~ CECIL D. ANDRU~ Governor PETE T. CENARRUE December 2, 1992 Secretary of Slate LARRY ECHOHAW~ Attorney General J.D. WILLIAMS State Auditor JERRY L. EVANS Sup't of Public Instruction Dear Mr. Hardy: Re: Encroachment Permit L-65-S-372E Enclosed is your permit as amended in accordance with the application you filed with this office. Please comply with all special terms and conditions. You are required to record this new original permit with your respective county. The assigned number must be displayed upon the outermost area of your encroachment. Thank you for your cooperation. Sincerely, W. R. PITMAN, PE, Administrator Idaho Lake Protection Act WRP/mc enclosures C: Payette Lakes Surface Leasing Specialist, Boise US Coast Guard - Seattle, WA KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER IDAHO DEPARTMENT OF LAND I~" 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 ~ STANLEY F. HAMILTON BOARD OF LAND DIRECTOR COMMISSIONERS CECIL D. ANDRUS Governor ENCROACHMENT PERMIT NO. L-65-S-372E PETE T. CENARRUS.~ Secretary of State LARRY ECHOHAWK Permission is hereby granted to .SPORTS MARINA, INC. c/o James Hardy Attorney General ~.D. W'LUAMS of P.O. Box 869 McCall, ID 83638 to maintain and extend existing S~,eA,di,or JERRY L. EVANS encroachment 100' west within existing breakwater; add 18 double slip,; Sup'to, Public Instruction located: Payette Lake adjacent to city of McCall, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County. All applicable provisions of the Rules for Regulation of Beds, Waters, and Airspace over Navigable Lakes and Streams in the State of Idaho are incorporated herein by reference and made a part hereof. Construction will follow details and specifications shown on the approved drawings and data provided by the applicant. Should such information and data prove to be materially false, incomplete and/or inaccurate, this authorization may be modified, suspended, or revoked in accordance with the Administrative Procedures Act, Idaho Code title 67, chapter 52. This permit does not convey the State's title to or jurisdiction or management of lands lying below the natural or ordinary high water mark. Se Acceptance of this permit constitutes permission by the Permittee for representatives of the Department of Lands to come upon Permittee's lands at all reasonable times to inspect the encroach- ment authorized by this permit. The Permittee assumes all liability for damages which may result from the exercise of this permit. This permit does not relieve the Permittee from obtaining additional local or federal permits as required. This permit is not valid until the enclosed permit tag is displayed on the outermost area of the encroachment. If the activity authorized herein is not completed on or before the _.2nd day of December , 1995 (three years from the date of issuance), this permit shall automatically expire unless it was previously revoked or'otherwise extended. KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER ENCROACHMENT PERMIT NO. L-65-S-372E December 2, 1992 Page two White bead foam flotation shall be completely encased in a manner that will maintain the structural integrity of the foam. The encasement shall be resistant to the entry of rodents. 10. This permit supersedes and voids any permit previously issued for this property unless otherwise noted. 11. Creosote or pentachlorophenol (Penta) treated piling and lumber shall not be used on, in, or over the water. Piling and lumber that are in continual contact with lakewaters shall not be treated with protection material. Treated materials not in contact with the water shall be completely dry before use in or near navigable water. Contact Idaho Department of Health and Welfare, Division of Environmental Quality, with questions regarding treated materials. 12. All construction material must be stockpiled landward of the ordinary high water mark. 13. The permittee shall maintain the structure or work authorized herein in a good and safe condition and in accordance with the plans and drawings attached hereto. 14. This permit is issued contingent upon the permittee's agreement to enter into a sovereign land lease when notified by the director that a lease is necessary to occupy state-owned lake or riverbeds. The lease will be consistent with other sovereign land leases and policy adopted by the State Board of Land Commissioners. .15. All construction shall be completed in accordance with descriptions and methods provided unless otherwise specified. Any changes shall be approved in writing by the department prior to construction. 16. Install a marine pump-out facility per Panhandle Health District Environ- mental Code Section 41.1.12.a. to pump out retention tanks on self-contained boats. The pump-out facility shall be operational at the time the marina first opens for business. 17. The conditions of the parking agreement between the Sports Harina and city of l~lcCall effective July 1, 1992, are made a part of this permit. STATE OF IDAHO ) ) ss COUNTY OF KOOTENAI ) FOR THE DIRECTOR, W. R. PITMAN, PE, Administrator Idaho Lake Protection Act Subscribed and sworn to before me this December , 1992. 2nd day No~ffy Public for Idaho J Residing at Post Falls, ~aho Commission expires: 1/24/98 dOIHT APPLICATION FOR PERMIT U.S. ARHY CORPS OF ENGINEERS ,.' ,.,*MO ... STATE OF IDAHO, DEPARTHENT OF WATER RESOURCES STATE OF IDAHO, DEPARTHENT OF LANDS The Department of the Army permit program ts authorized by Section 10 of the River and Harbor Act of 189g and Section 404 of the Clean Water Act.. These laws require permits authorizing structures and work tn or affecting navigable waters of the United States and the discharge of dredged or fill material Into waters of the United 5tateso Including their adjacent wetlands. State permits are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code) and the Idaho Lake Protection Act, Section 58-142 et. seq, Idaho Code. This application will meet the requirements of the above agencies. The applicant has sent copies of this application to the agenctes checked: ID Oept. Water Res. - Dolse[~ , Couer d'Alene~-] ; ID Dept. Lands l-~_ , Corps of Engineers - Walla Walla[~ . A PLEASE TYPE OR PRINT A Ir N lr U S- Corps of Engineers I Oate Received State of Idaho Date Received -U NAHE OF APPLICANT SPORTS ~RINA, INC. MAILING ADDRESS PO Box 869 McCall, ID 83638 Area Area PIIONE Work (208) ~3A-g'~l. Home (208) Date of Appltcattn. n March 20? 1992 634-595C Location where proposed activity exists or wtll occur. Name of waterway Payette Lakes HcCall ]n or near city or town Valley Idaho 83638 County State Zip Code 4. AUTIIORIZEO AGENT MAILING ADDRESS Area Area PHONE Work,( ) Home Tributary of Assessor's Desc. (Tax Number or Subdivision, Lot & Block fiD.) NW part of Gov't Lot 2 S9 T18N R3E Sec t ton Townsh i p Range Describe the proposed activity, Including description of the type of structures, tf any, to be erected on fills, or pile or float-supported platforms, if additional space ts needed use a separate sheet or Section 15 (Remarks). Oescrtl~e the proposed activity tn detatl: Extend encroachment lO0' West inside' of existing breakwater ~:or the addition of 18 boat slips ' ~scrt~e const~cttonmethods and equipment: Docks and s~ips will be prebuilt, floated into iposi~ion and a~ghor~d, Docks will be constructed.of lo8 and slips will be stvr,ofomm totally ~n~a~ed with wood. Length of project along the stream or extension Into lake or reservoir: Stream gradient: none Additional 100' for total of 495' WI11 material be placed Waterward of ordinary high water mark? ~111 material be placed tn adjacent ~etlands? Type of ftll mt, rial: none Volume of material to be placed none Wlll excavation be required? no Hethod of diverting flo~, ~t' needed: Hethod of controlling turbidity: none none none (I.e. sand, etc.) Hatertal Source: (cubic yards) Disposal Site Location: none "7. Preparation of drawings. P set or ortgfnal or good quality reproduct drawings must be attached to this dvpl~ Sion. NOTE: DRAWINGS NO L £R TXAH 8~ X ]! lflCIIES IX 5]ZF. See the ~..otructlon pamphlet for Instructions and ,, checklist for completing the drawings. 8. Purpose and Intended use: Commercl&l X Public Private Other Describe 9. Proposed Starting Date June 1992 Estimated Duration 15 months ]0. If any po,":i*)n of' the activity is complete Indicate month and year of completion Indicate tha~ existing ~ork on the drawings. ii. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins th wa t · ~ay, Millpond Construction - Kevin Muir PO Box 1/5~ McCa'fl', 'iD 8363U 208-347-25§~ 12. 13. LEGAL OWNER IF OTIIER THAN APPLICANT City, State, HAILING ADDRESS Zip Code : Area Area P,ONE ~ork ( ) .oma ( ) List other applications, approvals or certifications from other Federal, interstate, state, or local agencies for structures, constructions, discharges, deposits, or other activities described In this application. Issuing Aqenc~,, Type Approval Identification fiD. Date of Application Date of Approva_~l 14. Has any agency denied approval for the activity described herein or for any activity directly related to the actfv described herein? ~YES .~.NO.(If "Yes" explain) ' IS. Remarks or additional Information: ; 16. ~pplfcatlon Is hereby made for a pemit or pemlts to authorize the activities described herein.' I certify that ! familiar with the Information contained In this application, and that to the best of my knowledge and belief such Info.arian Is true, complete, and accurate. I further certify that I ~ssess the authority to undertake the prop. aFtivltles. I hereby grant to the agencies to which this application is made, the right to co~ upon the above- d~scribed location to Inspect the pro~sed or compl'eted work. ' ' Date Sl§~ture-of Applicant'(ReceiVed) ~f an authorized agent Is to be designated, item 4 and the folln~ The appllcatlon'must be signed by the applicant. Information should be completed. I hereby designate to act as my agent in matters related to this permit application, i under~tand that If a Federal permit Is ISsued, I must sign. the permit. Date Signature of Authorized Ageny (if appiicabi~) Signature of Applicant (if applicable) 18 U.S.C. Section 1001 provides that: Mhoever, tn any manner within the Jurisdiction of any department or agency o the United :~tates knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or m,i any false, ;tctJtlous, or fraudulent statements or representations or makes or uses any false wrttlng or document knowing same to Contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than SlO,O or imprisoned nob more than five .years, or both. Do not send h permit processing fee with this application. The appropriate fee will be assessed when a permit, is Issued. ,IP,I Form 304 May 87 (.Rev) NOT SEND PROCESSING FEE WITH APPLICATION IDt:R Form 3804 Hay 87 !';' ' ~,. 'WI 1't7~ 11 $1 ' ~ "· . g,,~t,'~? /,/of' Fo $ 18 19 2O 21 22 23 24 25 26 PARKING AGREEMENT THIS AGREEMENT, made and entered into as of the 1st day of July, 1992, by and between Sports Marina, Inc., an Idaho corporation, with its principal place of business in McCall, Valley County, Idaho, Post Office Box 869, McCall, Idaho 83638, (hereinafter referred to as "Marina") and the City of McCall, in the County of Valley, State of Idaho, Post Office Box 1065, McCall, Idaho 83638, (hereinafter referred to as "City"). RECITALS WHEREAS, the Marina is the Lessee from the City for the property, above the highwater mark of the Payette Lake, upon which the Marina is located, under a lease agreement dated the 7th day of April, 1969; and WHEREAS, the Marina has received a lease and permit from the Department of Lands for use and occupation of the lands, below the highwater mark of the Payette Lake, adjacent to the leased property; and' WHEREAS, the Marina has applied to the Department of Lands of the State of Idaho for expansion of its docking facilities, by Eighteen (18) slips; and WHEREAS, the City received notice from the Idaho Department of Lands of the application by Marina for expansion of its existing docking space and, as a riparian owner, the City was invited to make such comment or recommendations as it deemed appropriate; and WHEREAS, the matter was referred to the City's Traffic Advisory Committee and the Parks and Recreation Committee, which considered the application and made certain recommendations which were contained in the minutes of said meeting; and WHEREAS, the City Council reviewed the recommendations of said committees at its June 11, 1992 regularly scheduled meeting; and . WHEREAS, the City Council voted unanimously to recommend approval of the Marina's application, contingent upon preparation and execution of a written Agreement confirming parking and the use of the street frontage. NOW, THEREFORE, the parties agree as follows: 6 18 19 2O 21 22 23 24 25 26 1. As regards the issue of parking for the new marina slips, the Marina lessees shall be allowed to park in the area available on City owned property, to be developed for that use, adjacent to Railroad street, subject to the covenants and restrictions recited herein; 2. The Marina shall provide the City with a current list of the names and vehicle license plate numbers of each lessee of a marina slip, which list shall be used by the City to monitor the extent, if any, to which Marina lessees are violating the McCall Parking Ordinances; 3. The City shall promptly provide the Marina with a copy of any parking tickets or citations issued to any of the Marina's lessees as well as a copy of the Order or other document confirming the final disposition regarding each said citation; 4. The City shall promptly provide the Marina with notice of any complaint received regarding any alleged unauthorized parking by the Marina's lessees on private property; 5. The Marina shall incorporate into its marina slip leases, provisions providing for the right by the Marina to revoke a lease in the event that a lessee receives and is convicted of or pleads guilty to more than two (2) parking citations or tickets from the City of McCall during any calendar year for violations upon East Lake Street or Mill Road; and 6. In the event that a lessee or lessees of the Marina is convicted of or otherwise pleads guilty to a total of more than thirty (30) (i) parking citations or tickets from the City of McCall for parking violations, on East Lake Street or Mill Road, during the course of a calendar year, or (ii) the City receives signed, written complaints from private property owners, alleging unauthorized parking by Marina lessees on private property, in the immediate vicinity of the Marina, then the City shall have the right to require that the Marina provide up to eighteen (18) off-street private parking spaces for its marina lessees, which requirement shall not be imposed without prior written notice to the Marina and an opportunity for the Marina to be heard before the City Council. 7. The Marina shall actively promote and support a resolution to the McCall downtown parking problem. Parking Agreement - Page 2. 6 18 19 2O 21 22 23 24 25 26 8. The City shall be allowed to mark a pedestrian lane, no closer than twenty-one (21) feet to the existing building and no more than eight (8) feet in width, similar to and keeping with the marked walkways on the city street right- of-way of East Lake Street. The Marina shall not park or place boats for sale, dumpsters, merchandise, cartons and other personal property within said walkway. This provision shall be subject to review by the parties each year. 9. The parties shall inform and advise the Idaho Department of Lands that an agreement has been reached between the parties and the conditions set forth in the letter from the City of McCall, dated the 15th day of June, 1992, have been met. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the day and year first above written. SPORTS MARINA, INC. Pres~ent CITY OF McCALL, IDAHO By: M~ ATTEST: City ~erk Parking Agreement - Page 3. ti r=D ;AY A 90 5 14, Ident: ate®n a10. 2--65' ®37)(2) Area ICE /l F-71-`j' 4/0/i;/,'o rt . a L = i i STAT'F24, Wai0 DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT ON A NAVIGABLE LAKE OR RESERVOIR 1. Name of applicant: Post office aYd-ess: Telephone Number: 2. Name of lake or stream: Pursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) 73h, kP. 3. :lame and address of contractor: 4. Proposed starting date of construction and installation: ti / S. Property description: L.Ckke rU\-- Plce n (1 V-71: Y s 4-} rr .4 ; �l ) in 2 o -1-Z (1/16 or Lot No.) of Section ,Township /r/l! , Range 3� ,B.M. 6. Type of structure proposed: (Please check and attach a descriptive drawing.) Breakwater ^ Dock (EX rtn`,1011) Bulkhead Piling Boathouse Fill Excavation Other (Please specify) 7. Lenct`: of encroachment wateraard from the ordinary highwater mark: 8. Width of encroachment at ordinary highwater :ark: , at maximum length: 3. dater depth at maximum length; ;� l 10. Signature of applicant: Date: / - / i : ll. STATEMENTS OF ADJACENT PROPERTY OWNERS I, CITY OF MC CALL, IDAHO am the owner of riparian or 14 tt--- to the property listed in this application. I an familiar wit: the proposed encroachment as evidenced by accom yi^ pl- s offer no objection to the encroachment. 2 JUNE 87 Date pert/ adjacent nd location of initialed and I Bi ! Evans, Mayor City of McCall AddressP.O. BOX 1065 McCall Idaho 83638 I, am the owner of riparian or littoral property adjacent to the property listed in thie application. I am familiar with the scope and location of the proposed encroachment as evidenced by accompanying plans which T_ have initialed and i offer no objection to the encroachment. Date Application approved by Permit issued by Name Address Date Data DL-17 5 0- 7 7 INSTRUCTIONS CN REVERSE SIDE t" j 0�II,.I i r' J Ident: ation No. Area a°lGdf/l !-l1' l 4/a/7`iOn L:• (= 1 .J STAT'G'... 4 7 : 0 -DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO nxia AN ENCROACHMENT - ON A NAVIGABLE LAKE OR RESERVOIR Pursuant to Adopted Rules And applicable Statutes (TYKE OR PRINT IN INK) 1. Name of applicant: S C� ti1�� ��c� i 1Y),t � Tr,c c Post office address: n( 2(09. 4/ l n .n 1 i� � ci�, o 736 Telephone Number: i - , i - ` 2. Name of lake or stream: 3. Name and address of contractor: y e e /- ct k e 4. Proposed starting date of construction and installation: - / % �� 5. Property ' description: i_cl kel c01,1- U� %_c . � / '� �.r•,, t�� 1 �' (. (1 11 i -�1/ in O "� (1/16 or Lct No.) of Section , Township �r/1!, Range ?L` ,B.M. 6. Type of structure proposed: (Please check and attach a descriptive drawing.) Breakwater ^ Dock ("CX �0.n`�l0n) Bulkhead Piling Boathouse Fill Excavation Other (Please specify) 7. Lenc Z of encroachment wate_ward from the o_::.linary hichwa___ .:.ark: d //Of. 8. Width of encroachment at ordinary hig hwater mark: , at maximum length: 3. dater depth at maximum length; 10. Signature of applicant: l a9v � % Date: 11. STATEMENTS OF ADJACENT PROPERTY OWNERS I, CITY OF MC CALL, IDAHO am the owner of riparian or 14 t,.cr to the property listed in this application. I am familiar wit. the proposed encroachment as evidenced by accom yi- pl- s offer no objection to the encroachment. 2 JUNF 81 Date certy adjacent nd location of initialed and I . Evans, Mayor City of McCall adcressP.O. BOX 7065 McCall Idaho 83638 I, am the owner of riparian or littoral .roper:;, ad;acent to the property listed in thie application. I am familiar with the scope and Location of the proposed encroachment as evidenced by accompanying plans which I have initialed and i offer no objection to the encroachment. Date Application approved by Permit issued by Name Address Date Date DL-17 50- 7 7 INSTRUCTIONS ON REVERSE SIDE 13? BIB PAYETTE LAKE' 300' -4' ',I ,c-,r664-troctic-IA177 , � on • _t _y3 c 55' C 73` It EXISTING BUIL DWG i/o 27/ +79 V'1 WATER... �K I ,.. L -- EAST LA KE _ sr 14-30141. d argil ES la OR PATR ICIA F. HARDY 0 0 6 7 8 9 10 1 v C.— G•0 L c ,I ‹ S i_ p01.� • • IDAHO DEPARTMENT T OF LANDS STATE BOARD OF COMMI - TONERS STATEHOUSE, BOISE, IDAHO 83720 GORDON C. TROMBLEY DIRECTOR TO: FROM: SUBJECT: Reviewing Agencies Department of Lands Sports Marina, Inc. L-65-S-372-A May 6, 1981 JOHN V. EVANS GOVERNOR A PETE T. CENARR SECRETARY OF DAVID H. LEROY ATTORNEY G JOE R. WILLIA STATE AUD JERRY L. EVA SUP'T OF PUB Attached is an application from Sports Marina t% install additional boat moorage in Payette Lake adjacent to City Pro • rty in Lot 2, Section 9, Township 18 North, Range 3 East, B.M., in alley County. The Department of Lands solicits writt comments from other agencies prior to reviewing the application for a rmit. We would appreciate it if all comments be sent to his office n• later than June 6 1981_. If you have any questions concerning the applicion, we suggest you contact the applicant. Very truly yours, AM A. SCRIBNER, Chief Bureau of Navigable Waters WAS:bv Enc1s. cc: Department of Fish and Game Department of H & W - Environmental Services Payette Lakes Area City of McCall EQUAL OPPORTUNITY EMPLOYER June 1, 1992 TO: PARK AND RECREATION ADVISORY COMMITTEE TRANSPORTATION ADVISORY COMMITTEE FROM: CITY ADMINISTRATOR RE: ENCROACHMENT PERMIT APPLICATION, SPORTS MARINA The attached application was on the City Council's agenda for May 28. The Council referred this for review and recommendation to both advisory committees. The expectation is that parking, the park walkway, and other matters will be considered in this discussion. The date for response to the Idaho Department of Lands is June 22. The Council must receive your recommendations at their June 11 Council meeting to respond by that deadline. Bud IDAHO DEPARTMENT OF LANDS STANLEY F. HAMILTON DIRECTOR MEMORANDUM TO: 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 DATE: May 15, 1992 Idaho Department of Fish and Game, McCall Idaho Department of Health and Welfare, McCall United States Coast Guard - Seattle, WA Unites States Army Corps of Engineers, Boise (G. Martinez) Valley County Commissioners Millpond Construction City of McCall FROM: W. R. Pitman, PE, Manager �U Idaho Lake Protection Acttt() SUBJECT: NOTICE OF APPLICATION - L-65-S-372E - SPORTS MARINA INC. Enclosed is an application and plats requesting permission to expand existing marina in Payette Lake. Please submit your recommendations to me by June 22, 1992, regarding the likely effect of the proposed encroachment upon adjacent property, lake, and streambed value factors of navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, or water quality. If you have concerns or are opposed to the project as proposed, please list your specific reasons for concern or opposition and any facts or documentation to support your position. You should recommend alternate plans if they are economically feasible to accomplish the purpose of the proposed encroachment. You should also recommend any mitigation measures or special restrictions/provisions you would like included as part of the permit if one is issued. If you do not submit a comment, I will assume you have no objections to the application. If you have questions concerning the application, I suggest you contact the applicant. If the applicant cannot answer your questions, please contact me at 208/765-5235. me enclosures c: Surface Leasing Specialist - Boise Area Supervisor, Payette Lake BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor PETE T. CENARRUSA Secretary of State LARRY ECHOHAWK Attorney General J.D. WILLIAMS State Auditor JERRY L. EVANS Sup't of Public Instruction KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER JOINT APPLICATION FOR PERMIT U.S. ARMY CORPS OF ENGINEERS 1 , .1 AND STATE OF IDAHO. DEPARTMENT OF WATER RESOURCES STATE OF IDAHO, DEPARTMENT OF LANDS The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean Water Act. These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the discharge of dredged or fill material into waters of the United States. Including their adjacent wetlands. State permits are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code) and the Idaho Lake Protection Act, Section 58-142 et. seq. Idaho Code. This application will meet the requirements of the above agencies. The applicant has sent copies of this application to the agencies checked: ID Dept. Water Res. - Boise Q Couer d'Alene E] ; ID Dept. Lands [ , Corps of Engineers - Walla Walla �Q A PLEASE TYPE OR PRINT A G --- G E E t 1. Corps of Engineers l 2. State of Idaho l 4-65 5 :3 7 Z . ' . r r Date Received Date Received 3 23 - ? 2- u u s s r E 3. NAME OF APPLICANT MAILING ADDRESS SPORTS MARINA, INC. PO Box 869 McCall, ID 83638 Area Area PHONE Work (208) fi34—R361 Home (208) 634-5950 Date of Application March 20, 1992 4. AUTIIORIZED AGENT MAILING ADDRESS Area PHONE Work ( ) Area Home ( ) 5. Location where proposed activity exists or will occur. Name of waterway Payette Lakes McCall Tributary of Assessor's Desc. (Tax Number or Subdivision, Lot & Block No.) In or near city or town NW part of Gov't Lot 2 Valley Idaho 83638 S9 T18N R3E County State Zip Code Section Township Range 6. Describe the proposed activity, including description of the type of structures, if any, to be erected on fills. or pile or float -supported platforms. If additional space is needed, use a separate sheet or Section 15 (Remarks). Describe the proposed activity in detail: Extend encroachment 100' West inside of existing breakwater For the addition of 18 boat slips Describe construction methods and equipment: position and anchored. Docks will be constructed of log and slips will be styrofoam t9tally encas.ed with wood. Docks and slips will be prebuilt, floated into length of project along the stream or extension into lake or reservoir: Additional 100' for total of 495' Stream gradient: none W111 material be placed waterward of ordinary high water mark? none W111 material be placed In adjacent wetlands? none Type of fill material: none (i.e. sand, etc.) Material Source: Volume of material to be placed none (cubic yards) W111 excavation be required? no Disposal Site Location: Method of diverting flow, if needed: none Method of controlling turbidity: none 7. Preparation of drawings. One set of original or good quality reproducible drawings must be attached to this apple tlon. NOTE: DRAWINGS NO LARGER THAN 81 X 11 INCHES IN SIZE. See the instruction pamphlet for instructions and checklist for compTting the drawings. 8. Purpose and Intended use: Commercial X Describe Public Private Other 9. Proposed Starting Date June 1992 Estimated Duration 15 months 10. if any pnr':i)n of the activity is complete indicate month and year of completion Indicate this existing work on the drawings. 11. Names, addresses and telephone numbers of adjoining property owners. lessees, etc., whose property also adjoins tl: waterway. Millpond Construction - Kevin Muir PO Box 1/55 McCall, ID 83638 208-347-2568 12. LEGAL OWNER IF OTHER THAN APPLICANT City, State, MAILING ADDRESS Zip Code Area Area PHONE Work ( ) Home ( ) 13. List other applications, approvals or certifications from other Federal. interstate, state, or local agencies for structures, constructions. discharges, deposits. or other activities described in this application. Issuing Agency Type Approval Identification No. Date of Application Date of Approval 14. llas any agency deniedI- —a7pproval for the activity described herein or for any activity directly related to the actly described herein? 1-_.1 YES Eli NO .(If "Yes" explain) 15. Remarks or additional lnformatlon: 16. Application is hereby made for a permit or permits to authorize the activities described herein.' i certify that 1 familiar with the information contained in this application, and that to the best of my knowledge and belief such lnformatlon is true. complete, and accurate. i further certify that I possess the authority to undertake the prop aftivlttes. t hereby grant to the agencies to which this application is made. the right to come upon the above- dgscribed location to inspect the proposed or completed work. March 20, 1992 Date S g' ature of App cant Req red The application must be signed by the applicant. If an authorized agent is to be designated, item 4 and the folio% lnformatlon should be completed. I hereby designate to act as my agent in matters related to this permit application. I understand that if a Federal permit is Issued, I must sign the permit. • Date Signature of Authorized Ageny (if applicable) Signature of Applicant (If applicable) 18 U.S.C. Section 1001 provides that: Whoever. to any manner within the jurisdiction of any department or agency o the United 'states knowingly falsifies, conceals, or covers up by any trick. scheme. or device a material fact or and any false, fictitious. or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry. shall be fined not more than 110.0 or imprisoned not more than five .Tears. or both. 0o not send a permit processing fee with this application. Tho appropriate fee will be assessed when a permitis issued. DO NOT SEND PROCESSING FEE WITH APPLICATION - NPW Form 304 IDL:R Form 3804 May 87 (Rev) May 87 300 gb M b ���{f \.....-..�.. /l. - /sue R� r_- — • M +r-7.-4 -= : 1 a • p7' [7 • CI 11 II Mil: • • r r L f L r .• ri a ri,...1.4rii n `E "SriNG/ l3VIL DWG. fRoPosed Ntaoe.k Add•��,��� r_ New P:I•.:1 ANijOR ANcroots M 27?' u VI 11 11 II„ N I m �- Hisu WATLR MARK I 300' Not f o S tit ---� N. f''%*-47VS e4t1 v• k refr-ij 0-1-41)-r I I - rej 0 ?)c.) s_j_eocis 18 OFFICE OF THE CLERK BOX 1065 McCALL. IDAHO 83638 June 15, 1992 W.E. Pitman, Mgr. Lake Protection Act Idaho Department of Lands 1910 NW Boulevard, Suite 201 Coeur d'Alene, Idaho 83814-2615 RE: Encroachment Permit, Sports Marina, No.L-65-S-372-E Dear Mr. Pitman, On June 11, 1992, the McCall City Council heard the recommendations of its Transportation and Park and Recreation Advisory Committees which have reviewed this application with the applicant. The City Council then adopted the following as conditions of its approval of this permit. 1. That the permit not be effective unless and until an agreement relating to parking for the proposed expansion between the City and the applicant be signed and a copy of an executed agreement sent to the Idaho Department of Lands. (This agreement is expected to be similar to that executed between the City and the May Hardware Marina in 1991 for a similar expansion.) 2. That the permitee be required to keep boats for sale, dumpsters, merchandise, cartons, and other personal property out of a proposed walkway on the city street right-of-way of E. Lake St. along the entire length of the marinas lakefront location. The city intends to put an 8' wide pedestrian way along that perimeter, required by terms of a certain agreement with the Idaho Department of Parks and Recreation, and these uses conflict with that plan and this agreement. At no time should any commercial activity be permitted to obstruct this walkway. As the property owner, we will expect that these two conditions will be attached to any permit issued from your office. Thank you for this opportunity to respond. Sine, eDely, ~z~ Arfhu~ J. Sch~idt, City AdminiStrator cc Mayor Smith Bill Kirk, Chairman, Transportation Committee Kathy Killen, Chairman, Park and Recreation Advisory Committee Bill Petzak, IDOL, McCall Office STANLEY F. HAMILTON DIRECTOR James Hardy dba Sports Marina, Inc. P.O. Box 869 McCall, ID 83638 Dear Mr. Hardy: 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 December 2, 1992 Re: Encroachment Permit L-65-S-372E Enclosed is your permit as amended in accordance with the application you filed with this office. Please comply with all special terms and conditions. You are required to record this new original permit with your respective county. The assigned number must be displayed upon the outermost area of your encroachment. Thank you for your cooperation. Sincerely, W. R. PITMAN, PE, Administrator Idaho Lake Protection Act WRP/mc enclosures c: Payette Lakes Surface Leasing Specialist, Boise US Coast Guard - Seattle, WA BOARD OF LANE COMMISSIONERS CECIL D. ANDRUE. Governor PETE T. CENARRU` Secretary of State LARRY ECHOHAW Attorney General J.D. WILLIAMS State Auditor JERRY L. EVANS Sup't of Public Instruction KEEP IDAHO GREEN J PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER STANLEY F. HAMILTON DIRECTOR 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor ENCROACHMENT PERMIT NO. L-65-S-372E PETE T. CENARRUSt Secretary of State Permission is hereb LARRY ECHOHAWK y granted to SPORTS MARINA, INC. c/o James Hardy Attorney General J.D. WILLIAMS of P.O. Box 869 McCall, ID 83638 to maintain and extend existing State Auditor JERRY L. EVANS encroachment 100' west within existing breakwater; add 18 double slips S InstutcPonlic located: Payette Lake adjacent to city of McCall, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County. 1. A11 applicable provisions of the Rules for Regulation of Beds, Waters, and Airspace over Navigable Lakes and Streams in the State of Idaho are incorporated herein by reference and made a part hereof. 2. Construction will follow details and specifications shown on the approved drawings and data provided by the applicant. Should such information and data prove to be materially false, incomplete and/or inaccurate, this authorization may be modified, suspended, or revoked in accordance with the Administrative Procedures Act, Idaho Code title 67, chapter 52. 3. This permit does not convey the State's title to or jurisdiction or management of lands lying below the natural or ordinary high water mark. 4. Acceptance of this permit constitutes permission by the Permittee for representatives of the Department of Lands to come upon Permittee's lands at all reasonable times to inspect the encroach- ment authorized by this permit. 5. The Permittee assumes all liability for damages which may result from the exercise of this permit. 6. This permit does not relieve the Permittee from obtaining additional local or federal permits as required. 7. This permit is not valid until the enclosed permit tag is displayed on the outermost area of the encroachment. 8. If the activity authorized herein is not completed on or before the 2nd day of December , 1995 (three years from the date of issuance), this permit shall automatically expire unless it was previously revoked or otherwise extended. KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER ENCROACHMENT PERMIT NO. L-65-S-372E December 2, 1992 Page two 9. White bead foam flotation shall be completely encased in a manner that will maintain the structural integrity of the foam. The encasement shall be resistant to the entry of rodents. 10. This permit supersedes and voids any permit previously issued for this property unless otherwise noted. 11. Creosote or pentachlorophenol (Penta) treated piling and lumber shall not be used on, in, or over the water. Piling and lumber that are in continual contact with lakewaters shall not be treated with protection material. Treated materials not in contact with the water shall be completely dry before use in or near navigable water. Contact Idaho Department of Health and Welfare, Division of Environmental Quality, with questions regarding treated materials. 12. A11 construction material must be stockpiled landward of the ordinary high water mark. 13. The permittee shall maintain the structure or work authorized herein in a good and safe condition and in accordance with the plans and drawings attached hereto. 14. This permit is issued contingent upon the permittee's agreement to enter into a sovereign land lease when notified by the director that a lease is necessary to occupy state-owned lake or riverbeds. The lease will be consistent with other sovereign land leases and policy adopted by the State Board of Land Commissioners. 15. All construction shall be completed in accordance with descriptions and methods provided unless otherwise specified. Any changes shall be approved in writing by the department prior to construction. 16. Install a marine pump -out facility per Panhandle Health District Environ- mental Code Section 41.1.12.a. to pump out retention tanks on self-contained boats. The pump -out facility shall be operational at the time the marina first opens for business. 17. The conditions of the parking agreement between the Sports Marina and city of McCall effective July 1, 1992, are made a part of this permit. STATE OF IDAHO COUNTY OF KOOTENAI Subscribed December , 1992. FOR THE DIRECTOR By: Gil/ ,7` W. R. PITMAN, PE, Administrator Idaho Lake Protection Act ss and sworn to before me this 2nd day of �,.•'��"-^�.�.TI,1::.###�; a r Nota y Public for Idaho I77. Residing at Post Falls, Ulaho Commission expires: 1/24/98 1 . 1'; c)F A 6 E JOINT APPLICATION FOR PERMIT U.S. ARMY CORPS OF ENGINEERS AND STATE OF IDAHO. DEPARTMENT OF WATER RESOURCES STATE OF IDAHO. DEPARTMENT OF LANDS The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean Water Act.. These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the discharge of dredged or fill material into waters of the United States, including their adjacent wetlands. State permits are required under the State of Idaho. Stream Channel Protection Act (Title 42. Chapter 38, Idaho Code) and the Idaho Lake Protection Act. Section 58-142 et. seq. Idaho Code. This application will meet the requirements of the above agencies. The applicant has sent copies of this aapplication to the agencies checked: ID Dept. Water Res. - Boise [J Couer d'Alene Q ; ID Dept. Lands t� . Corps of Engineers - Walla Walla Q PLEASE TYPE OR PRINT C1. Corps of Engineers Date Received U c A r� E 2. State of Idaho A 4— t'o 5 S Date Received 3 -23 - ? 2- 3. NAME OF APPLICANT SPORTS MARINA, INC. MAILING ADDRESS PO Box 869 McCall, ID 83638 Area Area PHONE Work (208) _634-S f,L Home (208) 634-5950 Date of Application March 20, 1992 4. AUTHORIZED AGENT MAILING ADDRESS Area PHONE Work ( ) Area Home ( 5. Location where proposed activity exists or will occur. Name of waterway McCall Payette Lakes Tributary of In or near city or town Valley Assessor's Desc. (Tax Number or Subdivision, Lot & Block No.) NW part of Gov't Lot 2 Idaho 83638 S9 T18N R3E County State Zip Code Section Township Range 6. Describe the proposed activity, including description of the type of structures. if any, to be erected on fills, or pile or float -supported platforms. If additional space is needed, use a separate sheet or Section 15 (Remarks). Describe the proposed activity in detail: Extend encroachment 100' West inside of existing breakwater For the addition of 18 boat slips Describe construction methods and equipment: Docks and slips will be prebuilt, floated into position and anchored. Docks will be constructed of log and slips will be stvrofoam totally enraspd with wood. U s E Length of project along the stream or extension into lake or reservoir: Additional 100' for total of 495' Stream gradient: none Will material be placed waterward of ordinary high water mark? none W111 material be placed in adjacent wetlands? none Type of fill material: none (i.e. sand, etc.) Material Source: Volume of material to be placed none (cubic yards) Will excavation be required? no Disposal Site Location: Method of diverting flow, 1f needed: none Method of controlling turbidity: none 7. Preparation of drawings. (' set of original or good quality reproduci drawings must be attached to this appli tton. NOTE: DRAWINGS NO l. ER THAN 81/4 X 11 INCHES IN SIZE. See the i..,truction pamphlet for instructions and dheckllst for completing the drawings. 8. Purpose and intended use: Commercial X Public Private Other Describe • 9. Proposed Starting Date June 1992 Estimated Duration 15 months 10. If any pnr':1ln of the activity is complete indicate month and year of completion Indicate the existing work on the drawings. 11. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins tt: waterway. Construction — Kevin Muir PO Box 1/55 Mctra11, ID 83638 208-347-2568 T" 12. LEGAL OWNER IF OTHER THAN APPLICANT NAILING ADDRESS PHONE Area Work ( ) City, State, Zip Code Area • Home ( ) 13. List other applications, approvals or certifications from other Federal, interstate, state, or local agencies for structures, constructions, discharges, deposits, or other activities described In this application. issuing Agency Type Approval Identification No. Date of Application Date of Approval 14. Has any agency denied approval for the activity described herein or for any activity directly related to the activ described herein? Q YES El NO (If "Yes" explain) 15. Remarks or additional information: 16. Application 1s hereby made for a permit or permits to authorize the activities described herein.' 1 certify that l familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. i further certify that I possess the authority to undertake the propu aFtivltles. 1 hereby grant to the agencies to which this application Is made, the right to come upon the above - described location to inspect the proposed or completed work. • March 20, 1992 4) Date Sig of App cant Req red The application must be signed by the applicant. If an authorized agent is to be designated. Item 4 and the folio" information should be completed. i hereby designate to act as my agent in matters related to this permit application. 1 understand that if a Federal permit is issued, I must sign the permit. Date Signature of Authorized Ageny (if applicable) Signature of Applicant [[f applicable) 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency o the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or and any false, Fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry. shall be fined not more than $10,0 or imprisoned not more than five years. or both. Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permitis issued. DO NOT SEND PROCESSING FEE WITH APPLICATION NPII Form 304 IDI:R Form 3804 May 87 (Rev) May 87 (,' .J i u ►. i .� I !1 ' r 306 + r i Vie (iu . • r •1 a.. •m 1 M .Y N tL r L n [1 11 -61 KISTING/ 13 ViL DING 1 110. pRoposed Ncu) Doe_k nddr`�rn�r ® ANJAK ANer..„ V 30O' 27gI 'y1r If ,vet fo NIGu WOO? MA 1 � 6`11 `""ail e4t, t �s £ 4•^‘r►-t,.'VQ, arj• ° vd 3 a a 1 2 3 4 5 6 7 8 9 0 N `"gp, 10 � o 0 0 11 °'_C �C)a 12 cr) U- J �Q w 13 QUO w N 14 oQ 8E; 15 0 z 16 0 a P.O. BOX 17 18 19 20 21 22 23 24 25 26 PARKING AGREEMENT THIS AGREEMENT, made and entered into as of the 1st day of July, 1992, by and between Sports Marina, Inc., an Idaho corporation, with its principal place of business in McCall, Valley County, Idaho, Post Office Box 869, McCall, Idaho 83638, (hereinafter referred to as "Marina") and the City of McCall, in the County of Valley, State of Idaho, Post Office Box 1065, McCall, Idaho 83638, (hereinafter referred to as "City"). RECITALS WHEREAS, the Marina is the Lessee from the City for the property, above the highwater mark of the Payette Lake, upon which the Marina is located, under a lease agreement dated the 7th day of April, 1969; and WHEREAS, the Marina has received a lease and permit from the Department of Lands for use and occupation of the lands, below the highwater mark of the Payette Lake, adjacent to the leased property; and WHEREAS, the Marina has applied to the Department of Lands of the State of Idaho for expansion of its docking facilities, by Eighteen (18) slips; and WHEREAS, the City received notice from the Idaho Department of Lands of the application by Marina for expansion of its existing docking space and, as a riparian owner, the City was invited to make such comment or recommendations as it deemed appropriate; and WHEREAS, the matter was referred to the City's Traffic Advisory Committee and the Parks and Recreation Committee, which considered the application and made certain recommendations which were contained in the minutes of said meeting; and WHEREAS, the City Council reviewed the recommendations of said committees at its June 11, 1992 regularly scheduled meeting; and WHEREAS, the City Council voted unanimously to recommend approval of the Marina's application, contingent upon preparation and execution of a written Agreement confirming parking and the use of the street frontage. NOW, THEREFORE, the parties agree as follows: F 1 3 4 5 6 7 8 9 cnc°v 10 Qcam 11 QPoo owc -15 Q 12 wo (n _I z J .�NQ O w c° 13 o Q OO Q w es, 14 wo< O m vo 15 0 a O z 16 O a 17 18 19 20 21 22 23 24 25 26 1. As regards the issue of parking for the new marina slips, the Marina lessees shall be allowed to park in the area available on City owned property, to be developed for that use, adjacent to Railroad street, subject to the covenants and restrictions recited herein; 2. The Marina shall provide the City with a current list of the names and vehicle license plate numbers of each lessee of a marina slip, which list shall be used by the City to monitor the extent, if any, to which Marina lessees are violating the McCall Parking Ordinances; 3. The City shall promptly provide the Marina with a copy of any parking tickets or citations issued to any of the Marina's lessees as well as a copy of the Order or other document confirming the final disposition regarding each said citation; 4. The City shall promptly provide the Marina with notice of any complaint received regarding any alleged unauthorized parking by the Marina's lessees on private property; 5. The Marina shall incorporate into its marina slip leases, provisions providing for the right by the Marina to revoke a lease in the event that a lessee receives and is convicted of or pleads guilty to more than two (2) parking citations or tickets from the City of McCall during any calendar year for violations upon East Lake Street or Mill Road; and 6. In the event that a lessee or lessees of the Marina is convicted of or otherwise pleads guilty to a total of more than thirty (30) (i) parking citations or tickets from the City of McCall for parking violations, on East Lake Street or Mill Road, during the course of a calendar year, or (ii) the City receives signed, written complaints from private property owners, alleging unauthorized parking by Marina lessees on private property, in the immediate vicinity of the Marina, then the City shall have the right to require that the Marina provide up to eighteen (18) off-street private parking spaces for its marina lessees, which requirement shall not be imposed without prior written notice to the Marina and an opportunity for the Marina to be heard before the City Council. 7. The Marina shall actively promote and support a resolution to the McCall downtown parking problem. Parking Agreement - Page 2. I 3 4 5 6 7 8 9 0 N 3 co s4. 10 5 �• - O O 11 P 2 N W Q v N ° LL 12 . Z J t- Q Q2O 13 O w N 14 O Q 4 O p ° 15 2 O Q z 16 O 2 a AND 17 18 19 20 21 22 23 ,4 25 26 8. The City shall be allowed to mark a pedestrian lane, no closer than twenty-one (21) feet to the existing building and no more than eight (8) feet in width, similar to and keeping with the marked walkways on the city street right- of-way of East Lake Street. The Marina shall not park or place boats for sale, dumpsters, merchandise, cartons and other personal property within said walkway. This provision shall be subject to review by the parties each year. 9. The parties shall inform and advise the Idaho Department of Lands that an agreement has been reached between the parties and the conditions set forth in the letter from the City of McCall, dated the 15th day of June, 1992, have been met. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the day and year first above written. Parking Agreement - Page 3. SPORTS MARINA, INC. By: President CITY OF McCALL, IDAHO By: ATTEST: STANLEY F. HAMILTON DIRECTOR Sports Marina, Inc. P. O. Box 869 McCall, Idaho 83638 STATEHOUSE, BOISE, IDAHO 837206"..""n BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor PETE T. CENARRUSA Secretary of State JIM JONES June 10, 1988 Attorney General JOE R. WILLIAMS Slate Auditor JERRY L. EVANS Sup't of Public Instruction Re: Encroachment Permit No. L-65-S-372D Gentlemen: Enclosed is your fully executed copy of the above -mentioned encroachment permit for the purpose of installing a rubber tire and log breakwater, gas dock, 130 slip marina and a 46' x 110' retail sales building. Please read the permit carefully and comply with all of its terms. Also enclosed is receipt number 28532 for payment of your fees. LEN:lr Encls. cc: Payette Lakes Area Sincerely, LANCE E. NIELSEN, Chief Bureau of Navigable Waters KEEP IDAHO GREEN PREVENT WILDFIRE STATE OF III1A]H[O DEPARTMENT OF LANDS STATEHOUSE, BOISE, IDAHO 83720 STANLEY F. HAMILTON DIRECTOR ENCROACHMENT PERMIT NO. L-65-S-372D Permission is hereby granted to SPORTS MARTNA, INr . P. O. Box 869, Mc -Call, Idaho 83638 130-slip marina and 46' x 110' retail sales building. to be located as follows: Lakefront of City Street (East Lake St.) in front of lots 1-10, Block 4, McCall 1st Addition, Sec. 9, Township 18N, Range 3E, Valley County. - 1. All applicable provisions of the Rules for Regulation of Beds, Waters and Airspace over Navigable Lakes and Streams in the State of Idaho, are incorporated herein by reference and made a part hereof. 2. Construction will follow details and specifications shown on the approved drawings and data provided by a applicant. Should such information and data prove t0 be materially false, incomplete and/or inaccurate, this authorization may be modified, suspended or revoked upon notice and hearing as provided for in the adopted rules. 3. This permit does not convey the State's title to or jurisdiction or management of lands lying below the natural or ordinary high water mark. 4. Acceptance of this permit constitutes Remission by the Permittee for representa- tives of the Department of Lands to come upon Permittee's lands at all reasonable times to inspect the encroachment authorized by this permit. 5. The Permittee assumes all liability for damages which may result from the exercise of this permit. 6. This permit does not relieve the Permittee from obtaining additional local or Federal permits as required. 7. This permit is not valid until the number assigned is displayed in letters not less than three inches in size upon the dock or piling. 8. If the activity authorized herein is not completed on or before the 2nd day of June 19 91 (three years from the date of -issuance of this permit), this permit shall automatically expire unless it was previously revoked or otherwise extended. SEE SPECIAL TERMS ON BACK. Identification No. L-6 5-- 5" 37z-17 Area STATE OF IDAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT ON A NAVIGABLE LAKE OR RESERVOIR 1. Name of applicant: Pursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) MCC// Z34.3 Post office address: P6L sS69 Telephone Number : G 3,4 23 g/ 2. Name of lake or stream: c� ��r/'-e 3.� Name and address of contrac£or: s /j 1//1),-) C ,V.. y r /t/l cc y- 4. Proposed starting date of construction and installation: iqn 5. Property description: a'9red rcca� vLd & ) i I— 1 17,5itrf' 4 Ma de 1 /ae-4,-, , &-t in (1/16 or Lot No.) of Section Township 1ci5-4y , Range3:C. ,B.M. 6. Type of structure proposed: (Please check and attach a descriptive drawing.) X Breakwater x� Dock Piling Excavation Bulkhead Boathouse Fi11 Other (Please specify) 7. Length of encroachment waterward from the ordinary highwater mark: 8. Width of encroachment at ordinary highwater mark: 3, at maximum length: 300 9. Water depth at maximum length: 349 / 10. Signature of applicant: Date: Date: 6 *7- g'K' 11. STATEMENTS OF ADJACENT PROPERTY OWNERS I, 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 the proposed encroachment as evidenced by accompanying plans which I have initialed and I offer no objection to the encroachment. Date Name ')E f "'477(°€l e4t, 7 15r 1y� I -r/ 1, vvi VA/ *1/in/ et2d5 SPORTS MAR/NA, INC P. O. Box 869, McCall, Idaho 83638 (208) 634- 8S C . r ir.A.,v • ;<—TI R is p Alicc,vAily Red peep ost c .:4 k u•a ?Ler,; Sy s f{ M 400, /_" G,kl. aA 1St. AN,*e • c t c dA Cr1 cnc Lock A/ T:t.tH S;dc wwrl EVIIMLIDE