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3-SD-97-3086 Page 2 FINDINGS OF FACT (Facts which were considered in making this decision.) 1. Rodney Slotten has filed an application for an after-the-fact permit to place a culvert in Badger Mill Creek and associated fill in wetlands adjacent to Badger Mill Creek in the Town of Verona, Dane County, in the SW?4 of the SE' of Section 14, Township 6 North, Range 08 East. The project is located at 6654 Grandview Drive, Verona, WI 53593. 2. The project consisted of construction of a new runway at the Verona Air Park. The runway was relocated and extended in November 1996. The construction of the runway involved the placement of a 60-inch diameter by 300 feet long culvert pipe in Badger Mill Creek to carry flow under the new runway. The new relocated runway also included the placement of fill in approximately .88 acres of wetland adjacent to Badger Mill Creek. The purpose of the project was to create a safer runway. The original existing runway was shortened by the construction of the Verona 18-151 bypass. Badger Mill Creek is a navigable water of the state. 3. The Department has completed an investigation of the project site and has evaluated the project as described in the application and plans. 4. The proposed project will not materially obstruct navigation and will not be detrimental to other public interests if constructed in accordance with this permit. 5. The proposed project, if constructed in accordance with this permit, will not adversely affect water quality, will not increase water pollution in surface waters and will not cause environmental pollution as defined in Section 144.01(3), Wisconsin Statutes. 6. The project has been reviewed for compliance with Chapter NR 103, Wisconsin Administrative Code. The Department has determined that the proposed project is not wetland dependent and that a practicable alternative does not exist. The proposed project, if constructed in accordance with this permit, will not result in significant adverse impacts to the functional values of the affected wetlands, significant adverse impacts to water quality or other significant adverse environmental consequences. 7. The Department has determined-that granting or denying. this permit does not constitute a major state action significantly affecting the quality of the human environment. 8. The Department of Natural Resources and the applicant have completed all procedural requirements and the project as permitted will comply with all applicable requirements of Sections 1.11, 30.123 Wisconsin Statutes and Chapters NR 102, 103, 115, 116, 117, 150, 299 of the Wisconsin Administrative Code. CONCLUSIONS OF LAW (These are the legal reasons why the Department can make these decisions) 1. The Department has authority under the above indicated Statutes and Administrative Codes, to issue a permit for the construction and maintenance of this project. 2. The proposed project conforms with the standards of Chapters NR 103, 115, 116 and 117, Wisconsin Administrative Code.