2021/08/20 - OTHER - (NA) - State Permits

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FINDINGS OF FACT 1. David Suess has filed an application with this Department under sections 30.12(1) and 30.208 Wisconsin Statutes, to install rock riprap on the bank and bed of North Sand Lake located in the NW 1/4, NE 1/4, Section 25, Township 40, Range 15W, Town of Jackson, Burnett County. 2. The proposed plan is to install rip-rap on the 82 feet of shoreline located at 28011 Sand lake Road, Webster Wisconsin 54893. Filter fabric will be used as underlayment for the 8" - 24" stones. The stone will be delivered to the location by a construction pontoon which will be loaded at the public landing on the west side of the lake. This delivery method will prevent damage to the vegetation on the lake embankment where the work is proposed. 3. The Department has completed an investigation of the project site and has evaluated the project as described in the application and plans. 4. (North) Sand Lake, is a navigable water(and no bulkhead exists at the project site). 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 s. 283.01(6m), Wis. Stats. 6. The proposed project will not impact wetlands if constructed in accordance with this permit. 7. The Department of Natural Resources has determined that the agency's review of the proposed project constitutes an equivalent analysis action under s. NR 150.20(2), Wis. Adm. Code. The Department has considered the impacts on the human environment, alternatives to the proposed projects and has provided opportunities for public disclosure and comment. The Department has completed all procedural requirements of s. 1.11(2)(c), Wis. Stats., and NR 150, Wis. Adm. Code for this project. 8. The Department of Natural Resources has completed all procedural requirements and the project as permitted will comply with all applicable requirements of Sections 30.12(1) and 30.208, Wisconsin Statutes and Chapters NR 102, 103, and NR 328 of the Wisconsin Administrative Code. The applicant was responsible for fulfilling the procedural requirements for publication of notices under s. 30.208(5)(c)1 m., Stats., and was responsible for publication of the notice of pending application under s.30.208(3)(a), Stats. or the notice of public informational hearing under s.30.208(3)(c), Stats., or both. S. 30.208(3)(e), Stats., provides that if no public hearing is held, the Department must issue its decision within 30 days of the 30-day public comment period, and if a public hearing is held, the Department must issue its decision within 20 days after the 10-day period for public comment after the public hearing. S. 30.208(5)(bm), Stats., requires the Department to consider the date on which the department publishes a notice on its web site as the date of notice. 1. The structure or deposit will not materially obstruct navigation because the rock will be placed up on the existing bank. 2. The structure or deposit will not be detrimental to the public interest because fish and wildlife will still have access to the shoreline after placement of riprap and help prevent soil erosion. Conditions to protect habitat for sensitive species and timing restrictions for fisheries are incorporated into this permit. The erosion control structure should not interfere with typical navigational uses in this area. 3. The structure or deposit will not materially reduce the flood flow capacity of a stream because the rock will be placed on the shores of North Sand Lake.