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AB756,117 11Section 117 . 293.43 (5) of the statutes is created to read:
AB756,32,2012 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing
13examiner shall advise all persons present of their right to express their views either
14orally or in writing, under oath or otherwise, and of the legal effect of each form of
15testimony. All interested persons, at the hearing or at a time set prior to the hearing,
16shall be given an opportunity, subject to reasonable limitations on the presentation
17of repetitious or irrelevant material, to express their views on any aspect of the
18matters under consideration. The presentation of these views need not be under oath
19nor subject to cross-examination. A written record of unsworn testimony shall be
20made.
AB756,32,2421 (b) Persons who wish to participate as parties shall file a written notice with
22the hearing examiner setting forth their interest at least 30 days prior to the
23scheduled time of the hearing or prior to the scheduled time of any prehearing
24conference, whichever is earlier, unless good cause is shown.
AB756,33,4
1(c) The record shall consist of the contested case portion of the proceeding.
2Views given under par. (a) and all written comments submitted from any source shall
3be placed in the file of the proceeding and shall be given appropriate probative value
4by the hearing examiner or decisionmaker.
AB756,33,55 (d) Hearings conducted under this section may be continued for just cause.
AB756,33,126 (e) If evidence of conformance with applicable zoning ordinances as required
7by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the
8department shall close the record and continue the hearing. The duration of the
9continuance of the hearing shall be specified by the department at the time the
10continuance begins, after first requesting the applicant to state the anticipated time
11at which the evidence will be provided. The continuance may be extended by the
12department prior to its expiration upon notice to all parties if good cause is shown.
AB756,33,1513 (f) Each approval or denial of a license or permit considered at the hearing
14under this section shall be made in findings of fact, conclusions of law, and an order
15setting forth reasons with clarity and in detail.
AB756,118 16Section 118. 293.47 (1) (b) of the statutes is amended to read:
AB756,33,2117 293.47 (1) (b) “Geologic information" means information concerning
18descriptions of a nonferrous an ore body, descriptions of reserves, tonnages, and
19grades of nonferrous ore, descriptions of a drill core or bulk sample including
20analysis, and descriptions of drill hole depths, distances, and similar information
21related to the nonferrous ore body.
AB756,119 22Section 119 . 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB756,33,2523 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
24with respect to property specified in s. 41.41 (11), within 90 days of the completion
25of the public hearing record, the department shall issue the mining permit if it finds:
AB756,120
1Section 120. 293.49 (1) (a) 2m. of the statutes is repealed.
AB756,121 2Section 121 . 293.495 of the statutes is repealed.
AB756,122 3Section 122 . 293.50 of the statutes is created to read:
AB756,34,5 4293.50 Additional requirements on issuance of permits for mining of
5sulfide ore bodies.
(1) In this section:
AB756,34,116 (a) “Pollution" means degradation that results in any violation of any
7environmental law as determined by an administrative proceeding, civil action,
8criminal action or other legal proceeding. For the purpose of this paragraph,
9issuance of an order or acceptance of an agreement requiring corrective action or a
10stipulated fine, forfeiture, or other penalty is considered a determination of a
11violation, regardless of whether there is a finding or admission of liability.
AB756,34,1312 (b) “Sulfide ore body" means a mineral deposit in which metals are mixed with
13sulfide minerals.
AB756,34,15 14(2) The department may not issue a permit under s. 293.49 for the purpose of
15the mining of a sulfide ore body until all of the following conditions are satisfied:
AB756,34,2116 (a) The department determines, based on information provided by an applicant
17for a permit under s. 293.49 and verified by the department, that a mining operation
18has operated in a sulfide ore body which, together with the host rock, has a net acid
19generating potential in the United States or Canada for at least 10 years without the
20pollution of groundwater or surface water from acid drainage at the tailings site or
21at the mine site or from the release of heavy metals.
AB756,35,222 (b) The department determines, based on information provided by an applicant
23for a permit under s. 293.49 and verified by the department, that a mining operation
24that operated in a sulfide ore body which, together with the host rock, has a net acid
25generating potential in the United States or Canada has been closed for at least 10

1years without the pollution of groundwater or surface water from acid drainage at
2the tailings site or at the mine site or from the release of heavy metals.
AB756,35,8 3(2m) (a) The department may not base its determination under sub. (2) (a) or
4(b) on any mining operation that has been listed on the national priorities list under
542 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer
6in business and has no successor that may be liable for any contamination from the
7mining operation and for which there are no other persons that may be liable for any
8contamination from the mining operation.
AB756,35,139 (b) The department may not base its determination under sub. (2) (a) or (b) on
10a mining operation unless the department determines, based on relevant data from
11groundwater or surface water monitoring, that the mining operation has not caused
12significant environmental pollution, as defined in s. 293.01 (4), from acid drainage
13at the tailings site or at the mine site or from the release of heavy metals.
AB756,35,15 14(3) This section applies without regard to the date of submission of the permit
15application.
AB756,123 16Section 123 . 293.51 (title) of the statutes is amended to read:
AB756,35,17 17293.51 (title) Bonds and other security.
AB756,124 18Section 124. 293.51 (1) of the statutes is amended to read:
AB756,36,919 293.51 (1) Upon notification that an application for a prospecting or mining
20permit has been approved by the department but prior to commencing prospecting
21or mining, the operator shall file with the department a bond conditioned on faithful
22performance of all of the requirements of this chapter and all rules adopted by the
23department under this chapter. The bond shall be furnished by a surety company
24licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
25certificates of deposit, or government securities with the department. Interest

1received on certificates of deposit and government securities shall be paid to the
2operator. The amount of the bond or other security required shall be equal to the
3estimated cost to the state of fulfilling the reclamation plan, in relation to that
4portion of the site that will be disturbed by the end of the following year. The
5estimated cost of reclamation of each prospecting or mining site shall be determined
6by the department on the basis of relevant factors including, but not limited to,
7expected changes in the price index, topography of the site, methods being employed,
8depth and composition of overburden and depth of nonferrous metallic mineral
9deposit being mined.
AB756,125 10Section 125 . 293.51 (1g) of the statutes is repealed.
AB756,126 11Section 126 . 293.51 (1m) of the statutes is repealed.
AB756,127 12Section 127 . 293.51 (1r) of the statutes is repealed.
AB756,128 13Section 128 . 293.51 (3) of the statutes is amended to read:
AB756,36,1714 293.51 (3) Upon approval of the operator's bond or other security under subs.
15(1), (1g), (1m), and (1r)
, mining application, and certificate of insurance, the
16department shall issue written authorization to commence mining at the permitted
17mining site in accordance with the approved mining and reclamation plans.
AB756,129 18Section 129 . 293.51 (5) of the statutes is repealed.
AB756,130 19Section 130 . 293.55 (1) (c) of the statutes is amended to read:
AB756,36,2320 293.55 (1) (c) Substantial changes. The department shall determine if any
21change in the mining or reclamation plans is substantial and provide notice of its
22determination in the same manner as specified under s. 293.43 (2m) (b) (3) (b) 1. to
233
.
AB756,131 24Section 131 . 293.55 (1) (d) of the statutes is amended to read:
AB756,37,6
1293.55 (1) (d) Notice. The department shall provide notice of any modification
2which involves an increase or decrease in the area of a mining site or a substantial
3change in the mining or reclamation plan in the same manner as an original
4application for a mining permit under s. 293.43 (2m) (3). If 5 or more interested
5persons do not request a hearing in writing within 30 days of notice, no hearing is
6required on the modification. The notice shall include a statement to this effect.
AB756,132 7Section 132. 293.65 (3) (a) of the statutes is amended to read:
AB756,37,128 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
9for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
10of all wells involved in the withdrawal of groundwater or the dewatering of mines
11exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
12pollutants resulting from the dewatering of mines.
AB756,133 13Section 133 . 293.65 (3) (b) of the statutes is amended to read:
AB756,38,1014 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
15withdrawal of groundwater for prospecting or mining purposes or the dewatering of
16mines will result in the unreasonable detriment of public or private water supplies
17or the unreasonable detriment of public rights in the waters of the state. No
18withdrawal of groundwater for prospecting or mining purposes or the dewatering of
19mines may be made to the unreasonable detriment of public or private water supplies
20or the unreasonable detriment of public rights in the waters of the state.
21Notwithstanding any limitation on approval conditions in s. 281.34, if the
22department determines that a proposed withdrawal of groundwater or dewatering
23of mines will result in the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state the
25department shall include conditions in the mining or prospecting permit or in an

1approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
2result in the unreasonable detriment of public or private water supplies or the
3unreasonable detriment of public rights in the waters of the state. These conditions
4may include a requirement that the applicant for the mining or prospecting permit
5or approval under s. 281.34 provide a replacement water supply of similar quality,
6provide an increased amount of water to the water supply, or temporarily augment
7the quantity of water in, or flowing into or from, the affected waters of the state that
8is of substantially similar quality and that has substantially similar characteristics
9to the water that was in the affected waters of the state before any proposed mining
10or prospecting activity began.
AB756,134 11Section 134 . 293.66 of the statutes is repealed.
AB756,135 12Section 135 . 293.81 of the statutes is amended to read:
AB756,39,3 13293.81 Exploring, bulk sampling, prospecting, and mining without
14authorization.
Any person who engages in exploration without a license or bulk
15sampling without the necessary license or approvals
shall forfeit not less than $100
16nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which
17unlicensed exploration or bulk sampling without the necessary license or approvals
18took place. Any person who authorizes or engages in prospecting without a
19prospecting permit or any operator who authorizes or engages in mining without a
20mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all
21profits obtained from such illegal activities and not more than $10,000 for each day
22during which the mine was in operation. The operator shall be liable to the
23department for the full cost of reclaiming the affected area of land and any damages
24caused by the mining operation. Each day's violation of this section shall be deemed
25a separate offense. If the violator is a corporation, limited liability company,

1partnership or association, any officer, director, member, manager or partner who
2knowingly authorizes, supervises or contracts for exploration, bulk sampling,
3prospecting, or mining shall also be subject to the penalties of this section.
AB756,136 4Section 136. 293.86 of the statutes is amended to read:
AB756,39,16 5293.86 Visitorial powers of department. Any duly authorized officer,
6employee or representative of the department may enter and inspect any property,
7premises or place on or at which any prospecting or metallic mining operation or
8facility is located or is being constructed or installed at any reasonable time for the
9purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
10289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant
11thereto. No person may refuse entry or access to any such authorized representative
12of the department who requests entry for purposes of inspection, and who presents
13appropriate credentials, nor may any person obstruct, hamper or interfere with any
14such inspection. The department shall furnish to the prospector or operator, as
15indicated in the prospecting or mining permit, a written report setting forth all
16observations, relevant information and data which relate to compliance status.
AB756,137 17Section 137 . 293.95 of the statutes is repealed and recreated to read:
AB756,39,19 18293.95 Review. Any person aggrieved by any decision of the department
19under this chapter may obtain its review under ch. 227.
AB756,138 20Section 138. Chapter 295 (title) of the statutes is amended to read:
AB756,39,2121 CHAPTER 295
AB756,39,2322 NONMETALLIC MINING RECLAMATION;
23 OIL AND GAS; FERROUS METALLIC MINING
AB756,139 24Section 139. 295.16 (4) (f) of the statutes is amended to read:
AB756,40,2
1295.16 (4) (f) Any mining operation, the reclamation of which is required in a
2permit obtained under ch. 293 or subch. III of ch. 295.
AB756,140 3Section 140. Subchapter III of chapter 295 [precedes 295.40] of the statutes
4is repealed.
AB756,141 5Section 141. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB756,40,196 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
7in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
829.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
9(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
10285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
11289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
12295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
13(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
14under sub. (2) for participation in the Environmental Compliance Audit Program
15corrects violations that it discloses in a report that meets the requirements of sub.
16(3) within 90 days after the department receives the report that meets the
17requirements of sub. (3), the regulated entity may not be required to forfeit more than
18$500 for each violation, regardless of the number of days during which the violation
19continues.
AB756,41,520 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
21(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
22(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
23(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
24(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
25291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)

11., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
2and (c), and 299.97 (1), if the department approves a compliance schedule under sub.
3(6) and the regulated entity corrects the violations according to the compliance
4schedule, the regulated entity may not be required to forfeit more than $500 for each
5violation, regardless of the number of days during which the violation continues.
AB756,142 6Section 142. 299.95 of the statutes is amended to read:
AB756,41,23 7299.95 Enforcement; duty of department of justice; expenses. The
8attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
9ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
10permits, and water quality certifications of the department, except those
11promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
12in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1),
13the
The circuit court for Dane county or for any other county where a violation
14occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
15or this chapter or the rule, special order, license, plan approval, permit, or
16certification by injunctional and other relief appropriate for enforcement. For
17purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
18the rule, special order, license, plan approval, permit or certification prohibits in
19whole or in part any pollution, a violation is considered a public nuisance. The
20department of natural resources may enter into agreements with the department of
21justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
22chapter. Any funds paid to the department of justice under these agreements shall
23be credited to the appropriation account under s. 20.455 (1) (k).
AB756,143 24Section 143. 323.60 (1) (gm) of the statutes is repealed.
AB756,144 25Section 144. 323.60 (5) (d) 3. of the statutes is amended to read:
AB756,42,10
1323.60 (5) (d) 3. All facilities with 10 or more employees in major group
2classifications 10 to 13 in the standard industrial classification manual, 1987
3edition, published by the U.S. office of management and budget, at which a toxic
4chemical is used at or above an applicable threshold quantity, except that compliance
5with the toxic chemical release form requirements under this subdivision is not
6required for the placement of a toxic chemical in a storage or disposal site or facility
7that is located at a facility with a permit under ch. 293 or a mining permit under
8subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
9by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s.
10293.01 (8),
or refuse, as defined in s. 293.01 (25) or 295.41 (41).
AB756,145 11Section 145. 706.01 (9) of the statutes is amended to read:
AB756,42,1312 706.01 (9) “Mining company" means any person or agent of a person who has
13a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.
AB756,146 14Section 146. 710.02 (2) (d) of the statutes is amended to read:
AB756,42,1615 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
16used for mining and associated activities under chs. 293 and 295.
AB756,147 17Section 147. 2013 Wisconsin Act 1, section 103 is repealed.
AB756,148 18Section 148 . NR 132.06 (4) of the administrative code is created to read:
AB756,43,1019 NR 132.06 (4) The department has been directed, pursuant to ch. 421, laws of
201977, to assure that mining activities conducted in this state result in a minimization
21of disturbance to wetlands. The legislature has also directed, in ch. 377, laws of 1977,
22that department rules relating to metallic mining wastes take into consideration the
23special requirements of metallic mining operations in the location, design,
24construction, operation and maintenance of sites and facilities for the disposal of
25such wastes as well as any special environmental concerns that will arise as a result

1of the disposal of the same. The department has established, in s. NR 1.95 an overall
2framework for its decisions affecting wetlands. It is, therefore, the intent of this
3subsection to implement these directives recognizing that, depending on the location
4and site conditions involved in a particular case, it may be relatively easy to avoid
5entirely the use of wetlands in some cases while being virtually impossible to avoid
6their limited and carefully contemplated use in others and that the goal of the siting
7process shall be the selection of sites that are most favorable taking into account all
8pertinent factors. For purposes, therefore, of administering these directives and
9rules and acting on permits, licenses and approvals, the following standards shall be
10applied:
AB756,43,1411 (a) The objective of the applicant's site selection process for mining facilities,
12and for the disposal or storage of wastes or materials produced by such activities,
13shall be the selection of a viable site that would result in the least overall adverse
14environmental impact.
AB756,43,2115 (b) The applicant's site selection process shall include the identification and
16analysis of various alternatives so that a legitimate comparison between the most
17viable sites can be made by the department, realizing that a comparison will be made
18between several sites, all of which may have some imperfections with regard to
19environmental acceptability and none of which, in some cases, may be found to be
20environmentally acceptable as a result of compliance with s. 1.11, Stats., and other
21applicable Wisconsin laws.
AB756,44,622 (c) To ensure compliance with the requirement to minimize the disturbance of
23wetlands, the applicant shall identify and the department shall analyze viable sites
24which would result in the least overall adverse environmental impact and which
25would also avoid the use of any wetlands. If such sites avoiding the use of wetlands

1cannot be identified pursuant to the standards in this subsection, then the applicant
2shall identify and the department shall analyze those viable sites which would result
3in the least overall adverse environmental impact and which would also utilize,
4consistent with minimizing total environmental impacts, the least acreage and the
5least valuable wetlands directly and which would cause the least adverse impact on
6the wetlands and waters of the state outside the proposed area of use.
AB756,44,117 (d) The use of wetlands for mining activities, including the disposal or storage
8of mining wastes or materials, or the use of other lands for such uses which would
9have a significant adverse effect on wetlands, are presumed to be unnecessary unless
10the applicant demonstrates, taking into account economic, environmental, technical,
11recreational and aesthetic factors, that the site proposed for use:
AB756,44,1212 1. Constitutes a viable site;
AB756,44,1413 2. Is the alternative which causes the least overall adverse environmental
14impact;
AB756,44,2115 3. Will be used in a manner so as to minimize the loss of wetlands functions
16which those wetlands may serve with respect to related wetlands or other waters of
17the state, or both, outside the proposed area of use. As used in this paragraph, a
18presumption shall not be construed to be a prohibition, but rather the creating of a
19burden of proof on the applicant to demonstrate by the preponderance of evidence
20that it has complied with all the siting principles and standards of this subsection.
21As used in this section, viable means technically and economically feasible.
AB756,45,1222 (e) With respect to mining activities sited, in whole or in part, in wetlands and
23predating these rules as well as ch. 377, laws of 1977, the use of such wetlands for
24such activities shall be deemed necessary hereunder and the site of such use shall
25be deemed a viable site. The standards of minimization herein established to the

1extent applicable to such preexisting activities by reason of s. 293.13 (2) (c) 8., Stats.,
2shall be so applicable only to the extent specified in s. 293.91 (2), Stats. Furthermore,
3any additional activities undertaken in wetlands by an applicant subsequent to the
4effective date of these rules, which additional activities are undertaken to bring
5activities of the applicant, which were sited in wetlands prior to these rules, into
6prompt compliance with chs. 30, 281 and 283, Stats., as well as regulations, orders
7and decisions thereunder, shall be deemed to be necessary so long as the applicant
8demonstrates that, taking into account economic, environmental, technical,
9recreational and aesthetic factors, the site proposed for use by such additional
10activities will be used in a manner so as to minimize the loss of wetlands and the net
11loss of functions which those wetlands may serve with respect to related wetlands
12or other waters of the state, or both, outside the proposed area of use.
AB756,45,1513 (f) The department shall give special consideration to a site where it finds that
14the degree of necessary improvement is of such extent and expense that compliance
15cannot be accomplished without affecting wetlands.
AB756,45,1816 (g) The applicant shall assist in the evaluation of environmental impacts as
17mandated herein. All of the applicable following wetlands functions and values shall
18be considered except as provided in par. (h):
AB756,46,919 1. `Biological functions.' Wetlands are environments in which a variety of
20biological functions occur. In many cases, wetlands are very productive ecosystems
21which support a wide diversity of aquatic and terrestrial organisms. Many wetland
22areas are vital spawning, breeding, nursery or feeding grounds for a variety of
23indigenous species. Wetlands are sometimes the habitats for state or federally
24designated rare, threatened or endangered species. Evaluation of the biological
25functions should include consideration of the kinds, numbers and relative

1abundance and distribution of plant and animal species supported by the area, net
2primary productivity of plant communities, wildlife production and use, and the
3kinds and amount of organic material transported to other aquatic systems as a
4potential energy source for consumer organisms in those systems. Habitat
5evaluation should consider the short- and long-term importance of the wetlands to
6both aquatic and terrestrial species. In addition, the evaluation should include any
7specialized wetland functions essential for an organism to complete its life cycle
8requirements such as cover, spawning, feeding and the like. Each wetland under
9consideration should be evaluated on a site specific basis.
AB756,46,2310 2. `Watershed functions.' In addition to their biological functions, wetlands
11may serve important physical and chemical functions with respect to other wetlands
12and waters of the state. A specific wetland, or set of wetlands, may play a critical role
13in maintaining the stability of the entire system to which it is physically and
14functionally related. This functional role may include the maintenance of both the
15hydrologic patterns and the physical and chemical processes of related wetlands and
16other related waters of the state. Evaluation of wetland functions requires a
17thorough analysis of the manner and extent to which the wetland serves to maintain
18the hydrologic, physical and chemical processes of the larger ecosystem to which it
19belongs. Factors to be considered in the evaluation process are discussed below. The
20use of non-wetland areas may alter the hydrologic, chemical and physical processes
21of wetlands outside the proposed area of use. The possibility of such impacts from
22the use area into wetlands and other waters of the state outside the proposed area
23of use should be carefully considered.
AB756,48,424 2c. `Hydrologic support functions.' A particular wetland may function to
25maintain the hydrologic characteristics, and thereby the physical and chemical

1integrity of an entire aquatic ecosystem. Assessment of the hydrologic support
2function shall consider the effects that modifications of a particular area could have
3on the hydrologic relations to the whole wetland or aquatic ecosystem, and on the
4cumulative effects of piecemeal alterations. Evaluation of wetlands hydrologic
5functions shall include consideration of the wetland's location and topographic
6position, the areal extent of the wetland within the associated system, the degree of
7connection with other wetlands and waters of the state, and the hydrologic regime.
8Hydrologic regime refers to the hydrologic characteristics of a wetland such as the
9source of the water, its velocity, depth and fluctuation, renewal rate and temporal
10patterns on timing. The water source determines ionic composition, oxygen
11saturation, and potential pollutant load. Velocity affects turbulence and the ability
12of the water to carry suspended particulate matter. Water depth and fluctuation
13patterns have a critical influence on the vegetation, wildlife, and physical-chemical
14properties of the sediments and overlying waters. Renewal rate describes the
15frequency of replacement of the water which depends on water depth and volume,
16frequency of inundation and velocity. The temporal pattern refers to the frequency
17of inundation and its regularity or predictability. The hydrologic regime of a wetland
18influences the biological availability and transport of nutrients, detritus and other
19organic and inorganic constituents between the particular wetland and other water
20bodies. Other facets of the hydrologic regime may be considered in specific cases.
21The location and topographic position of any particular wetland in relation to other
22water systems determine in part the degree to which they are hydrologically
23connected. The strongest hydrologic connections are likely to occur between
24wetlands and other water systems which exchange water frequently and/or are
25nearest to each other. The areal extent of any particular wetland in relation to the

1total area of the surrounding watershed is an important criterion in evaluating the
2hydrologic support function. This includes the relative spatial relationships between
3specific areas under study and the total area of the adjacent wetland and any open
4water areas in the watershed.
AB756,48,115 2f. `Groundwater function.' Groundwater may discharge to a wetland,
6recharge from a wetland to another area, evaporate from, and/or flow through a
7wetland. The direction and rate of groundwater flow in a given wetland may change.
8The criteria that should be considered for their influence on the recharge potential
9include the total areal extent of wetlands and other waters in the particular drainage
10basin, and the hydrologic characteristics of the associated aquifer or aquifers
11including porosity, permeability and transmissivity.
AB756,48,2412 2i. `Storm and flood water storage.' Some wetlands may be important for
13storing water and retarding flow during periods of flood or storm discharge. Even
14wetlands without surface water connections to other water bodies may serve this
15function. Such wetlands can reduce or at least modify the potentially damaging
16effects of floods by intercepting and retaining water which might otherwise be
17channelled through open flow systems. The importance of a given wetland for storm
18and flood water storage may be modified by the cumulative effects of the proposed
19activities and previous activities within the watershed. The flood storage capacity
20of a particular wetland is primarily a function of its area, basin shape, substrate
21texture and previous degree of saturation. In general, the greater the area of the
22wetland and the coarser the texture of the substrate, the greater the potential for
23flood water storage, given unsaturated field conditions. Similarly, wetland
24vegetation is an important factor in reducing the energy of flood or storm water.
AB756,49,14
12m. `Shoreline protection.' Wetlands also function to dissipate the energy of
2wave motion and runoff surges from storms and snowmelt, and thus lessen the
3effects of shoreline erosion. Wave action shielding by wetlands is not only important
4in preserving shorelines and channels, but also in protecting valuable residential,
5commercial and industrial acreage located adjacent to the aquatic ecosystems. The
6capacity of a particular wetland to act as an erosional buffer for a shoreline depends
7on such factors as the vegetation characteristics, the shape and size of the wetland
8and the adjacent shoreline morphology. The protection of shorelines by wetlands
9depends primarily on the floristic composition, structure and density of the plant
10community. Shoreline morphology along with fetch, adjacent bottom topography
11and wetland vegetation are important considerations in evaluating a wetland for its
12shoreline protection functions. Wetlands along shorelines with long fetches are
13likely to be associated with major waters of the state and shall not be considered for
14use.
AB756,49,2415 2p. `Other watershed functions.' A wetland may perform a variety of other
16important functions within a watershed. Wetlands may degrade, inactivate, or store
17materials such as heavy metals, sediments, nutrients, and organic compounds that
18would otherwise drain into waterways. However, wetlands may subsequently
19release potentially harmful materials if the wetland soil is disturbed or its
20oxidation-reduction conditions altered. Potential alterations of these processes
21must be considered in the analysis, especially with regard to impacts on wetlands
22outside the proposed area of use. In assessing the importance of a particular wetland
23to the performance of watershed functions which influence the physical, chemical
24and biological properties of related waters, the following shall be considered:
AB756,49,2525 a. Density and distribution of plants;
AB756,50,1
1b. Area, depth and basin shape;
AB756,50,22 c. Hydrologic regime;
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