(1) PROCEDURES.
(a) General permits shall be processed
according to the procedures in ch. NR 300.
Note: Where there is overlapping jurisdiction
between ch. NR 216 and this chapter for sites with land disturbance of more
than one acre, the department will develop consolidated procedures so that only
one submittal will be required.
(b) If the department determines that a
grading application submitted under this section has the potential to impact an
endangered or threatened species in accordance with s.
29.604, Stats., the application
shall be deemed incomplete until the applicant submits documentation to
demonstrate one of the following:
1. The
grading project avoids impacts to the endangered or threatened species in
accordance with s. 29.604, Stats.
2. The grading project has received an
incidental take authorization under s.
29.604,
Stats.
(c) If the
applicant modifies their grading project plans to meet the requirements of par.
(b), the modified plans shall be submitted before the department can consider
the application complete or issue a general permit.
(2) APPLICABLE ACTIVITIES. A grading project
that meets the requirements in sub. (3) shall be eligible for general permit
coverage under ss. 30.19(3r) (b) and 30.206, Stats.
(3) STANDARDS. A grading project may be
authorized under this general permit if it meets all of the following
requirements:
(a)
Performance
standards. The grading project meets the stormwater performance
standards of ss. NR 151.11 and 151.12 for stormwater discharges from land
disturbing construction activities for non-transportation projects and ss. NR 151.23 and 151.24 for transportation projects.
Note: The department maintains a list of
technical standards that it has determined adequate and effective for designing
best management practices to control erosion and sediment runoff. Contact the
department storm water program in the Bureau of Watershed Management at (608)
267-7694 to obtain a copy of this list or visit the department's stormwater
website at http://www.dnr.wi.gov/org/water/wm/nps/stormwater.htm.
(b)
Buffers on lakes and
streams. An undisturbed, vegetated area is maintained or established
adjacent to the waterway in accordance with the distances in s. NR 151.12 (5)
(d) 1. a. to c. for protective areas around lakes or streams. In the absence of
a specified distance in s. NR 151.12 (5) (d) 1. a. to c., the vegetated area
may not be disturbed or must be established for 35 feet landward from the
ordinary high water mark. Construction or land disturbance within this buffer
may occur for an activity that is otherwise authorized under ch. 30 or 31,
Stats., exempted under ch. 30, Stats., or is a stormwater best management
practice designed to comply with ch. NR 151 or 216.
Note: The duff layer beneath a pine forest is
easily washed away during increased flows due to construction and would
therefore not be adequate buffer coverage.
Note: A grading project including placement of a
road and culvert to cross a navigable waterway is not excluded from eligibility
for this general permit if the culvert is authorized under ch. 30, Stats. This
section does not prohibit a local ordinance from being more
restrictive.
(c)
Buffers on wetlands. The grading does not disturb an existing
vegetated area in accordance with the distances in s. NR 151.12 (5) (d) 1. a.
or d. to f. for protective areas around wetlands. Construction or land
disturbance for a stormwater best management practice designed to comply with
ch. NR 151 or 216 may occur within this buffer, but not within the
wetland.
(d)
Elevation
change. The difference in elevation between pre- and post-construction
contours does not exceed 5 feet within the bank area, except for areas
immediately adjacent to exposed or walkout basements where the difference in
elevation between pre-and post-construction contours may not exceed 10 feet
within the bank area.
Note: This section does not prohibit a local
ordinance from being more restrictive.
(e)
Slope. The grading may
not disturb or create a slope that exceeds 20% within the bank area.
(f)
Revegetation. The
vegetation plan required in s. NR 341.05 (2) (o) shall be implemented and
monitored for one year after project completion. During the monitoring period,
the grading site shall be inspected regularly, and any areas requiring
additional stabilization or revegetation shall be addressed to ensure final
stabilization. One year after project completion, a report and photographs
shall be submitted to the department to demonstrate that the grading site is
stabilized. If after one year, final stabilization has not been achieved or
maintained, the department may require the landowner to submit a revised
vegetation plan to the department, and implement the revised plan.
(g)
Designated waters. The
grading site is not located in or adjacent to any of the following:
1. A state natural area designated or
dedicated under ss. 23.27 to
23.29, Stats.
2. A federal wild and scenic river designated
under s. 30.27, Stats., or 16 USC
1274(a)(8).
3. A state wild river designated under s.
30.26,
Stats.
(h) For grading
projects on an outstanding or exceptional resource water under s.
281.15, Stats., upon receipt of
a general permit application, the department shall conduct a site
inspection.
(i) To stop the spread
of invasive species and viruses from one navigable waterway to another
navigable waterway, all equipment or portions of equipment used for
constructing, operating, or maintaining the project, including tracked
vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and
pumps, shall be decontaminated for invasive species and viruses before and
after use or prior to use within another navigable waterway. Decontamination
activities shall be performed by taking actions specified in subd. 1. to 3. or
8. Decontamination shall include either subd. 4., 5., 6., 7., or 8. for any
equipment, or portions of equipment, that is used in non-frozen navigable
waters when the air temperature is above 19 degrees Fahrenheit at the time the
decontamination procedures take place.
1.
Inspect all equipment used for constructing, operating, or maintaining the
project and remove all plants and animals, and other mud, debris,
etc.
2. Drain all water from
equipment used in navigable waters.
Note: This does not apply to water in closed
engine cooling systems or water tanks, or containers of potable drinking water
or other beverages meant for human consumption. If a tanker truck discharges
water collected from navigable waters in upland areas, the tank does not
require disinfection.
3.
Dispose of plants and animals in the trash. An operator may not transfer plants
or animals or water from one navigable waterway to another.
4. Wash equipment at a temperature of not
less than 212 degrees Fahrenheit water (steam clean).
5. Wash equipment with soap and water or high
pressure water of not less than 2000 pounds per square inch.
6. Allow equipment to dry thoroughly for not
less than 5 days.
Note: Additional drying techniques including
drying through natural or mechanical means or changes in drying duration may be
submitted to the department for review and approval.
7. Disinfect equipment with 200 parts per
million (0.5 ounces per gallon) chlorine for not less than 10 minute contact
time. Every effort should be made to keep the disinfection solution and rinse
water out of surface waters.
Note: Chlorine refers to either household bleach
solution (5.25% chlorine) or granular chlorine (70% calcium
hypochlorite).
8. Follow the
most recent department approved disinfection protocols or department approved
best management practices for infested waters. The department shall maintain on
its website and make available at its offices a list of the most recent
disinfection protocols or department approved best management practices for
invasive species and viruses.
Note: See the department's website at
http://dnr.wi.gov under the topic "Waterway and Wetlands". Recommendations for
additional disinfection or decontamination protocols or department approved
best management practices may be submitted to the department for review and
approval to be added to this list.
(4) PLANS PART OF PERMIT. The general permit
shall require that the applicant comply with submitted project plans or
modified project plans as a condition of the permit.
(5) NON-COMPLIANCE WITH GENERAL PERMIT.
Activities which do not meet the requirements in sub. (3) or a general permit
issued by the department shall require an individual permit.
(6) INDIVIDUAL PERMIT. The department has
authority under s. 30.206(3r),
Stats., to require an individual permit in lieu of a general permit.
