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Planning and Zoning Department PLANNING AND ZONING DEPARTMENT PLANNING • ZONING AND CODE ADMINISTRATION • LAND & WATER CONSERVATION ON-SITE WASTE • GROUNDWATER MANAGEMENT • ECONOMIC AND BUSINESS PARK DEVELOPMENT 1462 STRONGS AVENUE, STEVENS POINT, WI 54481 • PHONE: 715-346-1334 • FAX: 715-346-1677 MEMORANDUM To: Portage County Planning and Zoning Committee From: Dan Bowers, Assistant Director Date: August 14, 2019 Re: Floodplain Zoning Ordinance Amendment In February of2019 Portage County Planning and Zoning received notice from the Wisconsin Department of Natural Resources (DNR) requiring Portage County to adopt dam failure analysis reports for three dams; Fountain Lake, Spring Creek and Jordan Pond. According to the letter Wisconsin Statutes chapter 87.30 and Wisconsin Administrative Code NR 116 require Portage County to "formally adopt the hydraulic shadows and corresponding data tables and dam failure profiles to the County's floodplain zoning ordinance within six (6) months". In addition, all local floodplain ordinances must meet the minimum requirements of the National Flood Insurance Program found in 44 CFR 59-72 and ch. NR 116, Wis. Admin Code. Communities can adopt higher regulatory standards to meet local conditions. To assist communities in writing a compliant floodplain ordinance, the DNR has developed two model ordinances. Portage County utilizes the Standard Model Floodplain Ordinance which has been updated as of July 2017. The proposed amendments to 7.6 Portage County Floodplain Zoning Ordinance follow the Model. Amendments to 7 .1 Portage County Zoning Ordinances are also being made for consistency purposes and to consolidate floodplain standards into 7.6. Excerpts of the three dam failure analysis reports are attached. The reports model a 100 year flood event with a dam failure resulting in an inundated area called a hydraulic shadow. A map of the hydraulic shadow for each of the dams is included. The hydraulic shadow must be regulated as a floodway according to the standards within the County Floodplain Ordinance. The Fountain Lake dam hydraulic shadow inundates lands owned entirely by the State of Wisconsin Department of Natural Resources known as the Emmons Creek Fishery Area. No structures are impacted. The Spring Creek dam hydraulic shadow inundates lands owned by Spring Creek Land and Power LLC, the owners of the dam, along with other privately owned lands. There appears to be three structures impacted by the hydraulic shadow. These structures would be treated as nonconforming structures in a Floodway District; would be allowed to continue as their current uses but modifications would be limited. The Jordan Pond dam hydraulic shadow inundates lands owned by the City of Stevens Point and other privately owned lands. The Portage County Floodplain Ordinance does not have jurisdiction within incorporated municipalities therefore the City of Stevens Point is not impacted by this Ordinance. There do not appear to be any structures impacted by the hydraulic shadow and much of the inundated lands are already mapped as a Zone A Flood Hazard Area which is regulated as a Floodway District. These lands are also currently zoned Conservancy by the Portage County Zoning Ordinance. The amendments to the Portage County Floodplain Ordinance text are intended to follow the DNR Model Floodplain Ordinance. The biggest change as a result of the Model Ordinance is the inclusion of provisions for Flooded Agriculture - Cranberry Farms (F A-C). According to the Model Ordinance "the intent of this district is to provide a consistent regulatory framework for both maintenance and development activities, which are required for the efficient management of a cranberry farming operation." There are a couple of existing cranberry operations in Portage County which may benefit from these provisions Portage County is required to adopt these provisions and other minimum provisions within the Model Ordinance in order to comply with State and Federal regulations and in order to maintain compliance with the National Flood Insurance Program so that property owners are able to obtain flood insurance. Portage County is allowed to be more restrictive than the minimum standards. For instance, the County could prohibit new development within the Floodfringe district similar to the Floodway district. With increasing pressure to develop more marginal lands combined with the increasing frequency and intensity of storm events the County may want to consider such provisions. The Planning and Zoning Committee will need to hold a public hearing on the proposed amendments and make a recommendation to the County Board. Once the County Board adopts the amendments a copy of the Ordinance must be sent to the DNR for review and approval by FEMA. If you have any comments, or need any additional information, please do not hesitate to contact me. 2 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Tony Evers, Governor 473 Griffith Avenue Preston D. Cole, Secretary Wisconsin Rapids WI 64494 Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Acc.ess via relay - 711 February 13, 2019 Mr. Jeff Schuler Portage County Planning and Zoning 1462 Strongs A venue Stevens Point WI 54481 Subject: Adoption of Dam Failure Shadows Dear Mr. Schuler: The Department of Natural Resources (Department) approved the dam failure analyses for the Fountain Lake and Spring Creek Dam. Fountain Lake is in Section 10, Town 21 North, Range 10 East, and Spring Creek Dam located in Section 7, Town 22 North, Range 10 East. The areas of potential dam failure inundation (hydraulic shadow) were sent to Tracy Pelky of your office on February 11, 2019 and February 13, 2019 through e-mails. Under the requirements of Chapter 87.30, Wisconsin Statutes and Chapter NR 116.05, Wisconsin Administrative Code, the materials that were submitted to your office need to be reviewed and any comments on the technical aspects of the study shall be provided to the Department within thirty (30) days from the date this decision was delivered. After the 30-day review and comment period, P011age County shall formally adopt the hydraulic shadows and corresponding data tables and dam failure profiles to the County's floodplain zoning ordinance within six (6) months. To assist you in the adoption process, refer to Wisconsin Administrative Code, Chapter NR 116 and the procedures outlined in "Floodplain and Shoreland Zoning: A Guidebook for Local Officials". Please pay particular attention to the Class 2 notice requirements for public hearings. The second publication must be at least one week before the hearing. After the County has approved the amendment, a certified copy of the ordinance, a notarized affidavit of publication of the public hearing and a notarized affidavit of publication of the ordinance adoption must be sent to the Department for final administrative review and approval. NOTICE OF APPEAL RIGHTS If you believe that you have a right to challenge this decision, you should know that the Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions must be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Depat1ment, to file your petition with the appropriate circuit court and serve the petition on the Depat1ment. Such a petition for judicial review must name the Department of Natural Resources as the respondent. dnr.wi.gov wisconsin .gov Naturally WISCONSIN Page2 To request a contested case hearing pursuant to section 227.42, Wis. Stats., you have 30 days after the decision is· mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources. All requests for contested case hearings must be made in accordance with section NR 2.05(5), Wis. Adm. Code, and served on the Secretary in accordance with section NR 2.03, Wis. Adm. Code. The filing of a request for a contested case hearing does not extend the 30-day period for filing a petition for judicial review. This decision was mailed on ?4 /~- U/f STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES For the Secretary By~~~~en,P.E. Water Management Engineer Wisconsin Depaiiment of Natural Resources C: Tracy Pelky- Portage County Planning and Zoning File Jordan Pond Dam Hydraulic Shadow 1tmUai Flood Elevation Miles 14.90 Cross Section ID 0 0.25 0.5 0.75 Flood Elevation Cross Sections The hydraulic shadow is remapped from a model prepared by Hydraulic Shadow (Floodway) Lampert and Lee in 1994. Cross sections are from the same model. Parcel Boundaries Map prepared by Portage County Planning and Zoning , August 13, 2019 - jh T ARCHITECTS - ENGINEERS - SURVEYORS Wisconsin Rapids (715) 424-3131 10968 Hwy. 54 East Stevens Point (715) 344-0068 Wisconsin Rapids, WI 54494-8709 FAX (715) 423-8774 May 19, 1994 Meg M. Galloway,P .E. Assistant State Dam Safety Engineer Bureau of Water Regulation & Zoning .Department ofNatural Resources 101 S. Webster St. Madison, WI 53 707 Subject: Jordan Dam, Field File #49.8, Big Plover River, Portage County Meg: Enclosed please find two copies of the revised report for this dam. This is intended to satisfy the appropria.t~ requirements of your letter to Roger Wrycza dated February 13, 1993 and the subsequent review letter. Please review and approve this document If you have questions, please contact me. RECEIVf:. M~'f 201994 · Joel Papke .P .E. cc: Gary Speckman w/enc. I .;i DAMBRK ANALYSIS INSPECTION REPORT JORDAN DAM PORTAGE COUNTY PARKS DEPARTMENT I :I .I LAMPERT, LEE AND ASSOCIATES 10968 HIGHWAY 54 EAST WISCONSIN RAPIDS, WI 54494 715-424-3131 715-344-0068 I. : J ! Table of Contents Item Page Dambrk Analysis Conclusions Dam Inspection Report 9 Recommended Maintenance 17 .' ~ Appendices I 'D \ A Drawings of Dam \. .·\ B County and City Zoning Maps and County Resolutions C Hydraulic Shadow Map D Dambrk Output .
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