(1) EXEMPTIONS.
(a)
Procedures. Exemptions
shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activities.
The dredging of a farm drainage ditch which was not a navigable stream before
ditching that meets all of the standards in par. (c), is exempt from the permit
requirements of s. 30.20(1) and (2), Stats., in accordance with s.
30.20(1g) (a),
Stats., manual dredging that meets all of the standards in par. (d) is exempt
from the permit requirements of s.
30.20(1) and (2), Stats., in accordance with s.
30.20(1g) (b)2, Stats.
Note: Eligibility for an exemption or general
permit does not automatically result in a federal permit or state water quality
certification for fill in wetlands. Some projects involving minimal wetland
fill may be eligible for authorization under a U.S. Army Corps of Engineers
general permit which has already been granted state water quality certification
or a general permit under s.
281.36(3g) (b),
Stats. (under development). All other projects affecting wetlands will require
individual water quality certification including public notice as required by
s. 401, Federal Clean Water Act, and s.
281.36(3b) (b),
Stats., and carried out under chs. NR 103 and 299. For further instructions,
see the department's website at http://dnr.wi.gov under the topic "Waterway and
Wetland Permits."
(c)
Standards for dredging of a farm drainage ditch which was not a
navigable stream before ditching. Dredging of a farm drainage ditch
which was not a navigable stream before ditching is eligible for an exemption
subject to the following limitation:
1. The
project is located in a navigable stream that does not have stream
history.
2. The applicant has
notified the department of the proposed project 10 days prior to
dredging.
3. The dredging may not
have a long-term adverse effect on cold-water fishery resource or may not
destroy cold water or warm water fish spawning beds or nursery areas.
4. The dredged material may not be
temporarily or permanently placed in a wetland, floodway or below the ordinary
high water mark of a navigable waterway.
5. The person conducting the dredging is the
riparian owner or has permission of the riparian owner to remove bottom
material.
6. 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. 6. a. to c. or h.
Decontamination shall include either subd. 6. d., e., f., g., or h. 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.
a.
Inspect all equipment used for constructing, operating, or maintaining the
project and remove all plants and animals, and other mud, debris,
etc.
b. 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.
c.
Dispose of plants and animals in the trash. An operator may not transfer plants
or animals or water from one navigable waterway to another.
d. Wash equipment at a temperature of not
less than 212 degrees Fahrenheit water (steam clean).
e. Wash equipment with soap and water or high
pressure water of not less than 2000 pounds per square inch.
f. 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.
g. 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).
h. 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.
(d)
Standards for manual dredging
activities. Manual dredging is eligible for an exemption subject to
the following limitations:
1. The dredging
operation meets the definition of manual dredging in s. NR 345.03(8).
2. The dredging may not be
located in an area of special natural resource interest, or where there are
public rights features as described in s. NR 1.06, or in perennial tributaries
to surface waters identified as trout streams by the department in s. NR 1.02(7).
3. The dredged material may
not contain any hazardous substance as defined in s. NR 345.03 (7).
4. For each riparian property, the amount of
bottom material dredged from a specific waterbody may not exceed 100 square
feet in surface area and one foot in depth in a calendar year.
5. Any dredged material removed from the
waterbody may not be temporarily or permanently placed in a wetland, floodway
or re-deposited below the ordinary high water mark of a navigable
waterway.
6. Erosion control
measures shall meet or exceed the technical standards for erosion control
approved by the department under subch. V of ch. NR 151. Any area where topsoil
is exposed during construction shall be immediately seeded and mulched or
riprapped to stabilize disturbed areas and prevent soils from being eroded and
washed into the waterway.
Note: These standards can be found at the
following website:
http://dnr.wi.gov/topic/stormwater/standards/.
7. Mechanical equipment may not be operated
below the ordinary high water mark or on the bed of a navigable
waterway.
8. The applicant is the
riparian owner or has permission of the riparian owner to remove bottom
material.
Note: When the state is the riparian property
owner, the requirements of s. NR 45.04 shall be met.
9. 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. 9. a. to c. or h. Decontamination shall
include either subd. 9. d., e., f., g., or h. 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.
a. Inspect all equipment used for
constructing, operating, or maintaining the project and remove all plants and
animals, and other mud, debris, etc.
b. 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.
c.
Dispose of plants and animals in the trash. An operator may not transfer plants
or animals or water from one navigable waterway to another.
d. Wash equipment at a temperature of not
less than 212 degrees Fahrenheit water (steam clean).
e. Wash equipment with soap and water or high
pressure water of not less than 2000 pounds per square inch.
f. 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.
g. 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).
h. 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.
(e)
Standards for dredging necessary
to place or maintain an exempt structure under s.
30.20(1g) (b)1, Stats. The standards for this
activity are contained in the rules that describe the exempt structures.
Note: Chapters NR 320, 323, 326, 328 and 329
contain rules regarding various exempt activities including culvert
replacement, habitat structures, piers, boat shelters, riprap replacement,
intake and outfall structures and dry fire hydrants.
(f)
Permit required.
1. Activities which do not meet the standards
in par. (c), (d) or (e) are determined ineligible for an exemption by the
department shall require a general permit or contract or individual permit or
contract.
2. The department has the
authority under s. 30.20(1m),
Stats., to require a permit in lieu of exemption.
(2) GENERAL PERMITS.
(a)
Procedures.
1. General permits shall be processed
according to the procedures in ch. NR 300.
2. If the department determines that a
dredging proposal 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. The department may not consider the application
complete or issue a general permit until the applicant submits documentation to
demonstrate one of the following:
a. The
dredging project avoids impacts to the endangered or threatened species in
accordance with s. 29.604, Stats.
b. The dredging project has received an
incidental take authorization under s.
29.604,
Stats.
2m. If the
department determines that the dredging proposal submitted under this section
has the potential to impact an archaeological site or historic structure in
accordance with s. 44.40, Stats., the application
shall be deemed incomplete. The department may not consider the application
complete or issue a general permit until the applicant submits documentation to
demonstrate that the dredging project avoids impacts to the archaeological site
or historic structure, or completes and documents requested investigations of
archaeological sites or historic structures in accordance with s.
44.40, Stats. Reports of
completed archaeological or historic structures investigations for projects are
subject to departmental and Wisconsin Historical Society review and approval in
advance of permit issuance.
3. If
the applicant modifies their dredging project plans to meet the requirements of
subd. 2. or 2m., the modified plans shall be submitted before the department
can consider the application complete or issue a general permit.
4. General permit applications under par. (i)
for licensed aquatic nursery growers may be submitted to the department of
agriculture, trade and consumer protection. Applications shall be considered
received on the date they are received by the department.
Note: Applications may be obtained from the
department's regional headquarters or service centers, or on the department's
website at http://dnr.wi.gov under the topic "Waterway and Wetland Permits."
DATCP has agreed to send application forms and instructions provided by the
department to aquatic nursery growers along with license renewal forms. DATCP
will forward all applications to the department for
processing.
(b)
Applicable activities. Dredging that meets all of the
standards in par. (c) and either par. (d), (f), (h), (i), (im) or (ir) is
eligible for a general permit under ss.
30.20(1t) and
30.206, Stats. Dredging that
meets all of the standards in par. (c) and either par. (e) or (g) is eligible
for a general permit under ss.
30.20(1t) (a) and (am) and
30.206, Stats.
Note: Eligibility for an exemption or general
permit does not automatically result in a federal permit or state water quality
certification for fill in wetlands. Some projects involving minimal wetland
fill may be eligible for authorization under a U.S. Army Corps of Engineers
general permit which has already been granted state water quality certification
or a general permit under s.
281.36(3g) (b),
Stats. (under development). All other projects affecting wetlands will require
individual water quality certification including public notice as required by
s. 401, Federal Clean Water Act, and s.
281.36(3b) (b),
Stats., and carried out under chs. NR 103 and 299. For further instructions,
see the department's website at http://dnr.wi.gov under the topic "Waterway and
Wetland Permits."
Note: Effective Aug. 1, 2012, s.
30.20(1t)(b),
Stats., is repealed. As provided by s.
30.206(1r),
Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits
authorized by s. 30.20(1t) (b),
Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6,
2013. This permit is replaced with Statewide General Permit GP5-2013-WI
(WDNR-GP5-2013), which is found on the department website http://dnr.wi.gov
under the topic "Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless
renewed, modified, or revoked on or before that date.
(c)
General permit
standards. In order to be eligible for a general permit, projects must
meet all of the general permit standards in par. (c) in the addition to the
specific activity standards in par. (d), (e), (im) or (ir).
1. The applicant shall provide information
that the dredged material does not contain any hazardous substance as follows:
a. Through the collection and laboratory
analysis of the dredged material in compliance with ch. NR 347; or
b. Through the review of historical dredge
material information from the vicinity of the proposed project that was
collected and analyzed in accordance with ch. NR 347; or
c. By assessing the potential for hazardous
substances to be present based upon the characteristic of the watershed,
industrial and municipal discharges to the waterbody and dredge material data
from similar waterways.
2. To protect fish habitat during spawning
seasons, the dredging may not occur during the following time periods:
a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through
May 15.
b. For all waters not
identified in subd. 2. a. and located south of state highway 29, March 15
through May 15.
c. For all waters
not identified in subd. 2. a. and located north of state highway 29, April 1
through June 1.
d. The applicant
may request that the requirement in subd. 2. a., b. or c. be waived by the
department on a case-by-case basis, by submitting a written statement signed by
the local department fisheries biologist, documenting consultation about the
proposed dredging project, and that the local department fisheries biologist
has determined that the requirements of this paragraph are not necessary to
protect fish spawning for the proposed project.
3. Any dredged material removed from the
waterbody may not be permanently placed in a wetland, or floodway or
re-deposited below the ordinary high water mark of a navigable waterway, except
as provided for as backfill in accordance with par. (d) 9.
4. Dredged material may be temporarily placed
for not more than 8 hours within a wetland or below the ordinary high water
mark of a navigable waterway if the material is placed on matting with
appropriate erosion control to prevent runoff. Any areas used for temporary
placement shall be completely restored within 24 hours.
5. The project shall be conducted in a manner
that prevents dispersal of sediment away from the project site. Temporary
control measures such as silt curtains shall be used as needed, and shall be
installed prior to dredging and removed from the waterbody no more than 24
hours after dredging is complete. Any temporary control measures shall follow
all state lighting requirements and may not obstruct navigation.
6. Dredging shall be conducted to minimize
the re-suspension of sediment to the maximum extent practicable in accordance
with the following:
a. For trout streams
identified under s. NR 1.02 (7) and perennial tributaries to those trout
streams, the total suspended solid concentrations may not exceed 40
mg/L.
b. For all waters not
identified in subd. 6. a., the total suspended solid concentrations may not
exceed 80 mg/L.
7.
Erosion control measures shall meet or exceed the technical standards for
erosion control approved by the department under subch. V of ch. NR 151. Any
area where topsoil is exposed during construction shall be immediately seeded
and mulched to stabilize disturbed areas and prevent soils from being eroded
and washed into the waterway.
Note: These standards can be found at the
following website:
http://dnr.wi.gov/topic/stormwater/standards/.
8. Unless part of a permanent stormwater
management system, all temporary erosion and sediment control practices shall
be removed upon final site stabilization. Areas disturbed during removal shall
be restored.
9. 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. 9. a. to c.
or h. Decontamination shall include either subd. 9. d., e., f., g., or h. 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.
a.
Inspect all equipment used for constructing, operating, or maintaining the
project and remove all plants and animals, and other mud, debris,
etc.
b. 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.
c.
Dispose of plants and animals in the trash. An operator may not transfer plants
or animals or water from one navigable waterway to another.
d. Wash equipment at a temperature of not
less than 212 degrees Fahrenheit water (steam clean).
e. Wash equipment with soap and water or high
pressure water of not less than 2000 pounds per square inch.
f. 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.
g. 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).
h. 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.
10. If the project location is within the
riparian zone, the applicant is the riparian owner or has permission of the
riparian owner to dredge the bottom material.
Note: Effective Aug. 1, 2012, s.
30.20(1t)(b),
Stats., is repealed. As provided by s.
30.206(1r),
Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits
authorized by s. 30.20(1t) (b),
Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6,
2013. This permit is replaced with Statewide General Permit GP5-2013-WI
(WDNR-GP5-2013), which is found on the department website http://dnr.wi.gov
under the topic "Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless
renewed, modified, or revoked on or before that
date.
(d)
Standards for installation of utility crossing. Dredging to
install a utility crossing is eligible for a general permit subject to all of
the following limitations:
1. The location of
the utility crossing shall be located to reduce environmental impacts by
minimizing the disturbance of the following: adjacent wetland corridors, banks
with steep slopes and fish and wildlife habitat within the waterway.
2. The dredging may occur only to cross a
navigable stream no more than 35 feet across.
3. The general permit may authorize up to 10
waterway crossings that are part of a single project.
4. The size of the open trench or plowed
channel may not exceed 48 inches in width in perennial streams and 72 inches in
intermittent streams where no flow is present during construction.
5. The dredging shall conform to the
dimensions and elevations shown on the application.
6. All equipment used for the project shall
be designed and properly sized to minimize to the extent practicable, the
amount of sediment that is resuspended into the water.
7. Any area within 75 feet of the ordinary
high water mark, where topsoil is exposed during construction, shall be
stabilized within 24 hours to prevent soil from being eroded and washed into
the waterway.
8. During
construction and installation of the utility crossing, the entire volume of the
stream flow shall be maintained downstream from the project site.
9. During excavation of the trench, dredged
material may be temporarily stockpiled in an upland area provided it is
separated from the stream by an installed silt fence or a protective, vegetated
buffer strip not less than 20 feet in width.
10. The trench excavation, filling and
installation of utility crossing the below the ordinary high mark shall be
completed within an 8-hour period.
11. In perennial streams, clean, washed
gravel or crushed stone or clean river stone originally removed from the
utility trench or plowed channel, shall be used as backfill material to replace
the excavated material. In intermittent streams with no flow present, the
originally removed material may be used as backfill material for the dredged
trench if the disturbed site is immediately stabilized.
12. When the dredging is complete, the
streambed contours shall be the same as the pre-construction
contours.
(e)
Standards for maintenance dredging in established drainage
districts. Dredging to maintain a district drain which is part of a
drainage district established under ch. 88, Stats., is eligible for a general
permit subject to the following limitations:
1. Unless the department previously
authorized the project under s.
30.20, Stats., the dredging may
not be located in an area of special natural resource interest.
2. Unless the department previously
authorized the project under s.
30.20, Stats., the dredging may
not be located where there are public rights features as described in s. NR 1.06.
3. Dredging shall comply with
s. ATCP 48.32.
4. Maintenance of
the district ditch and any structures in the ditch shall comply with the
established specifications and compliance plan under ss. ATCP 48.20 and
48.22.
5. Dredging may not exceed
the volume or extend beyond the dimensions of the previously dredged
project.
(f)
Standards for manual dredging.
1. A general permit, subject to all of the
following limitations may authorize manual dredging activities that do not meet
the exemption standards in s. NR 345.04 (1) (d).
2. The dredging operation meets the
definition of manual dredging in s. NR 345.03 (5).
3. For each riparian property, the amount of
bottom material removed from a waterbody may not exceed 10 cubic yards in a
calendar year.
4. The project may
not be located where there are public rights features as described in s. NR 1.06.
Note: When the state is the riparian property
owner, the requirements of ch. NR 45 shall be met.
(g)
Standards for maintenance
dredging of previously dredged areas. Maintenance dredging of material
from an area from which material has previously been removed is eligible for a
general permit subject to all of the following limitations:
1. Unless the department previously
authorized the project under s.
30.20, Stats., the dredging may
not be located in an area of special natural resource interest, or where there
are public rights features as described in s. NR 1.06.
3. Dredging may not exceed the volume or
extend beyond the dimensions of the previous dredge project.
4. The applicant has provided information
that the area meets the requirements of "previously dredged area" as follows:
a. The applicant can demonstrate that
previous removal of material was authorized by the department; or
b. The applicant can demonstrate historical
information documenting the previous removal of material including the date of
removal, the volume of material removed and location of the material
disposal.
5. Unless the
dredging project is for the removal of material associated with maintenance of
a harbor or marina located on Lake Michigan or Superior, the material removed
may not exceed 50,000 cubic yards.
(h)
Standards for jetting to harvest
aquatic plants, tubers or seeds. Jetting of the bottom sediments
during the harvesting of aquatic plants is eligible for a general permit which
will meet the substantive requirements of ch. NR 109, subject to all of the
following limitations:
1. The project shall be
in a location where the bed of the waterway is privately-owned or a location
where the bed of the waterway is publicly-owned if the department determines
that the project is consistent with the aquatic plant management activities
authorized under ch. NR 109.
Note: Under Wisconsin law, the bed of natural
lakes is publicly-owned, and the bed of rivers and streams is owned by the
adjacent riparian to the center of the river or stream. For impoundments or
raised lakes, the bed is privately owned to the edge of the natural
lakebed.
2. The applicant
shall be licensed by the department of agriculture, trade and consumer
protection as a nursery grower under s.
94.10, Stats.
3. All dislodged aquatic plants and floating
debris shall be removed from the waterbody at the end of each day.
4. The equipment and motors used for jetting
loose the aquatic plants shall conform to the following specifications:
a. The pumps may not exceed 6 1/2
horsepower.
b. The hoses may not
exceed 3 inches inside diameter.
c.
The intake strainer may not exceed 3/ 8 inch mesh.
5. To provide for re-growth of aquatic
plants, the area dredged may not exceed 50 feet by 15 feet and an area 5 feet
in width shall be left undisturbed around all dredge sites regardless of its
size. Multiple areas 50 feet by 15 feet may be dredged within a waterbody if
consistent with subd. 6.
6. The
general permit authorizes up to 5 acres of jetting, but no more than 50% of the
aquatic vegetation from the waterbody.
7. Only one general permit shall be issued
for each area of a waterbody on an annual basis.
(i)
Standards for dredging less than
25 cubic yards from a river or stream. Dredging less than 25 cubic
yards is eligible for a general permit subject to all of the following
limitations:
1. The dredging may not be
located on a lake or impoundment, in an area of special natural resource
interest, or where there are public rights features as described in s. NR 1.06.
2. The bottom material shall
be dredged by mechanical operation of a bucket excavator or backhoe.
3. The dredged material may not be
temporarily stockpiled within 75 feet of the ordinary high water
mark.
4. The removal of bottom
material shall be located in less than 3 feet of water and within 50 feet of
the ordinary high water mark.
5.
The dredging may not result in water depth greater than 5 feet.
6. For each riparian property, the amount of
bottom material dredged from a waterbody may not exceed 25 cubic yards in a
calendar year.
(im)
Standards for removal of plant and animal nuisance deposits.
All of the following are standards for removal of plant and animal nuisance
deposits.
1. The removal shall only be
located in outlying waters.
2. This
general permit is for the one time removal of the plant and animal nuisance
deposit. Only 3 general permits for plant and animal nuisance deposits may be
issued for any area of a waterbody on an annual basis. For the general permit
requirements listed under this paragraph, an area of a waterbody is the
geographical location of the project as indicated on the general permit
application form.
Note: General permit application forms are
available at department service centers and on the department website at
http://dnr.wi.gov under the topic "Waterway and Wetland
Permits".
3. The project
area to which this general permit applies shall be under the same ownership as
the applicant.
4. The removal may
not be located where there are public rights features as described in s. NR 1.06 or in waters in ecologically significant coastal wetlands along Lakes
Michigan and Superior as identified in the Coastal Wetlands of Wisconsin
(DNR-CMP project).
Note: The Coastal Wetlands of Wisconsin's Great
Lakes can be found at the following website
http://dnr.wi.gov/topic/nhi/projects.html under the topic "Coastal
Wetlands".
5. The removal
shall only be located within the swash zone of the waterway.
6. The removal is limited to the plant and
animal nuisance deposit only. The removal of material other than plant and
animal nuisance deposits should be limited to the extent practicable and may
not exceed a de minimus amount.
Note: The material may contain trash which
should be removed along with the plant and animal nuisance
deposit.
7. The total amount
of material removed shall be less than 3000 cubic yards.
8. This general permit does not authorize the
redistribution of native lakebed material which includes sand, cobble, silt,
detritus, and other organic material or the placement of additional sand/stone,
etc.
9. Equipment used shall be
designed to skim only the plant and animal nuisance deposit off of the native
lakebed. The equipment shall be used in a manner that minimizes the impacts to
the native lakebed and surrounding vegetation.
10. Equipment used shall be low ground
pressure equipment, including wide-tire vehicles, and tracked equipment, to
minimize rutting. The equipment shall remove the material along a path parallel
to the shore within the swash zone. Equipment operation shall cease when
rutting occurs. Any rutting of the lakebed shall be immediately restored by the
operator of the vehicle.
Note: The depth of the rut is measured from the
original lakebed surface to the bottom of the depression. If individual lug
depressions are visible, the depth would be measured to the lesser of the two
depths (e.g., the top of the lug). Measurements are not
cumulative.
11. If the
removed material will be disposed of by landspreading, the material shall be
incorporated into the soil by plowing or disking within 24 hours.
12. Unless using a developed boat launch,
equipment used in the removal shall access the swash zone along one path
perpendicular to the shore. The chosen route shall minimize the impact to the
shoreline and vegetated lakebed.
Note: Note: Effective Aug. 1, 2012, s.
30.20(1t)(b),
Stats., is repealed. As provided by s.
30.206(1r),
Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits
authorized by s. 30.20(1t) (b),
Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6,
2013. This permit is replaced with Statewide General Permit GP5-2013-WI
(WDNR-GP5-2013), which is found on the department website http://dnr.wi.gov
under the topic "Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless
renewed, modified, or revoked on or before that date.
(ir)
Standards for using
motor vehicles for the management of non-native and invasive plant species
growing on the exposed lakebed of outlying waters. All of the
following are standards for using motor vehicles, as defined in s.
30.29, Stats., for the
management of non-native and invasive emergent plant species growing on exposed
lakebed.
1. The project shall be located on
the exposed lakebed of outlying waters.
2. The project shall be conducted when the
exposed lakebed is dry.
3. The
project area to which this general permit applies shall be under the same
ownership as the applicant.
4. The
use of the motor vehicle is for the purpose of controlling emergent invasive or
nonnative aquatic plant species as designated by the department under s.
23.24, Stats., and s. NR 109.07.
5. The use of the motor
vehicle is for mowing or spreading herbicide in conformance with a written
invasive or nonnative aquatic plant species control plan approved by the
department.
Note: An invasive or nonnative aquatic plant
species control plan, as required under s. NR 109.04 (3) and described in s. NR 109.09, must contain the following items: a description of the existing
condition including the types of plants present and their abundance; a strategy
for the control of the invasive or nonnative aquatic plant species; a plan for
the re-establishment of the native plant community; and a monitoring plan to
assess the success or failure of the control plan.
6. For projects requiring a permit under ch.
NR 107 or 109, before the department can consider the application complete or
issue a general permit under this section, the applicant shall submit
documentation to demonstrate that a permit under ch. NR 107 or 109 has been
applied for.
Note: The chemical treatment of aquatic plants
may require a permit under ch. NR 107 and physical removal of aquatic plants
may require a permit under ch. NR 109.
7. The motor vehicle may only be operated in
the specific area that is detailed in the approved invasive species control
plan or permit. This permit does not authorize the operation of any motor
vehicle in areas outside of those designated in the approved plan or
permit.
8. Equipment used shall be
low ground pressure equipment, including wide-tire vehicles, and tracked
equipment, to minimize rutting. Equipment operation shall cease when rutting
occurs. Any rutting of the lakebed shall be immediately restored by the
operator of the vehicle.
Note: The depth of the rut is measured from the
original lakebed surface to the bottom of the depression. If individual lug
depressions are visible, the depth would be measured to the lesser of the 2
depths (e.g., the top of the lug). Measurements are not
cumulative.
9. The motor
vehicle shall be used in a manner that minimizes the impacts to the native
lakebed material and any surrounding native vegetation.
10. To minimize impacts to small animals and
native plants and to prevent soil disruption and rhizome spread, the mowing
deck shall be set no lower than 4 inches above the ground when operating
equipment.
11. To protect wildlife
habitat during nesting seasons, the use of a motor vehicle to control emergent
invasive or nonnative aquatic plant species may only occur between August 1 st
and March 15 th of the subsequent year.
12. The applicant may request that the
requirement in subd. 11. be waived by the department on a case-by-case basis,
by submitting a written statement signed by the local department wildlife
biologist, documenting consultation about the proposed control plan, and that
the local department wildlife biologist has determined that the requirements of
subd. 11. are not necessary to protect wildlife habitat during the nesting
season for the proposed project.
(j)
Individual permit or contract
required.
1. Activities which do not
meet the standards in par. (c) and either par. (d), (e), (f), (g), (h), (i),
(im), (ir) or (j) shall require an individual permit or contract.
2. The department has authority under s.
30.206(3r),
Stats., to require an individual permit or contract in lieu of a general
permit.
(3)
INDIVIDUAL PERMITS.
(a)
Procedures.
1. Individual
permits shall be processed according to the procedures in ch. NR 300.
2. If the department determines that a
proposal 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. The department may not consider the application
complete or issue an individual permit until the applicant submits
documentation to demonstrate one of the following:
a. The project avoids impacts to the
endangered or threatened species in accordance with s.
29.604, Stats.
b. The project has received an incidental
take authorization under s.
29.604,
Stats.
3. If the
applicant modifies their project plans to meet the requirements of subd. 2.,
the modified plans shall be submitted before the department can consider the
application complete or issue an individual permit.
(b)
Applicable activities.
Any dredging which is not exempt under sub. (1) and is not authorized by a
general permit under sub. (2), requires authorization by an individual permit
pursuant to s. 30.20(1),
Stats.
(c)
Standards.
1. Dredging which
meets the standards in s.
30.20(2),
Stats., may be authorized under an individual permit or contract.
2. All applicable provisions in chs. NR 346
and 347 shall be met.
