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g. Position in relation to lakes, rivers and other waters;
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h. Whether it provides habitat for or produces species of recreational, cultural
15or economic interest; and
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i. Whether the products of some wetlands species (e.g., wild rice, furbearers,
17fish) have special cultural value and/or provide a significant portion of the economic
18base for the people of a region.
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4. `Scarcity of wetland type.' Certain wetland types (e.g., fens, wild rice lakes)
20which are statewide or regionally scarce possess special resource significance.
21Scarcity or rareness depends on the frequency of occurrence of the type, the area of
22the type in existence prior to settlement, the historical conversion of the type and its
23resultant degree of destruction, and the amount of similar habitat in the present
24landscape of the region. In assessing the scarcity of a particular wetland, a
1comparative measure of the commonness among all wetland types and the degree to
2which wetlands of all types occur in the surrounding landscape should be considered.
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5. `Aquatic study areas, sanctuaries and refuges.' Through various local, state
4and federal actions, large areas of the nation's wetlands have been designated and
5preserved by public agencies for scientific study, and the protection of aquatic and
6terrestrial habitats. Many public and private groups have also established
7sanctuaries and refuges in wetlands. Wetland areas that are legally and/or
8administratively controlled as such, or that are included or nominated for inclusion
9in the national register of natural landmarks, could be comparatively important.
10Wetland areas of significant social, cultural, or historic value, such as known
11landmarks, are considered important.
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6. `The ecosystem concept in a regional context.' The previous subsections
13suggest that wetlands may not only have important functions within their
14boundaries, but may also interact with ecosystems of the surrounding region. The
15potential impact of wetland modification may influence distant wetlands if they are
16structurally and functionally related in the region. Similarly, the functions and
17values of any wetland may be affected by other existing and potential water resource
18activities in the region. Therefore, consideration should be given to those impacts
19which are shown to be of regional concern.
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(h) All wetlands which are to be used by the proposed activity shall be
21inventoried and analyzed pursuant to this chapter. The use of such wetlands shall
22be de minimis and, therefore, exempt from further application of this section, if the
23applicant demonstrates the following by a preponderance of evidence:
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11. The wetlands to be used are or can be made to be sufficiently hydrologically
2isolated from the surface and underground waters of the state so that no violations
3of applicable laws and regulations would result;
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2. The wetlands are not special or unique utilizing the result of the analysis
5made pursuant to this chapter; and
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3. The area of wetlands to be used shall not exceed 5 acres.
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7Section 192
. NR 132.17 (13) of the administrative code is amended to read:
AB917,65,168
NR 132.17
(13) Tailings transport systems, if not buried, should be designed
9to provide for emergency tailings conveyance or storage should a pipeline break,
10plug, freeze or require repairs and be made accessible for inspection, emergency
11repair and maintenance. Location of emergency spill areas must be consistent with
12the prevention of environmental pollution of surface waters and with the standards
13of
s. ss. NR 132.06 (4), 132.19
, and 182.07 (2). In the event of a power failure, tailing
14pipelines should be self draining to the tailings area or to an emergency spill area or
15standby pumps and pipelines or standby power should be provided. In some cases
16(e.g., a long pipeline over rough country), several spill areas may have to be provided.
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17Section 193
. NR 132.18 (1) (f) of the administrative code is amended to read:
AB917,65,1918
NR 132.18
(1) (f) Within wetlands, except pursuant to the
provisions under s.
19281.36 criteria established in s. NR 132.06 (4).
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20Section 194
. NR 182.07 of the administrative code is renumbered NR 182.07
21(1).
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22Section 195
. NR 182.07 (2) of the administrative code is created to read:
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NR 182.07
(2) Any proposal to establish a site or facility shall comply with the
24standards and procedures in s. NR 132.06 (4), relating to the minimization of
25disturbance to wetlands.
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1Section
196. NR 182.08 (2) (d) 8. e. of the administrative code is amended to
2read:
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NR 182.08
(2) (d) 8. e. A table shall be provided showing existing water quality
4of all potentially affected surface waters. The table shall include those surface
5waters identified under s. NR 182.07
(1). Important aquatic habitat, such as class
6II trout stream or state scenic river, shall be indicated.
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7Section 197
.
Nonstatutory provisions.
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(1)
Rules. If the department of natural resources has promulgated rules under
92013 Wisconsin Act 1, section
103, on or before the effective date of this subsection,
10the department of natural resources shall promulgate rules that do all of the
11following:
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(a)
Revise the rules promulgated under
2013 Wisconsin Act 1, section
103 (1)
13(a) so that those rules apply to ferrous metallic mining.
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(b)
Revise the rules promulgated under
2013 Wisconsin Act 1, section
103 (1)
15(b) so that those rules are consistent with the repeal by this act of subch. III of ch.
16295.
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(c) Revise the rules promulgated under
2013 Wisconsin Act 1, section
103 (1)
18(c) so that the exemptions specified in those rules do not apply to ferrous mining and
19associated activities.
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(2)
Statement of scope. The department of natural resources shall present the
21statement of scope of the rules required under sub. (1
) to the governor for approval
22under s. 227.135 (2) no later than the 30th day after the effective date of this
23subsection. The department of natural resources shall submit in proposed form the
24rules required under sub. (1) to the legislative council staff under s. 227.15 (1) no
1later than the first day of the 5th month beginning after the governor approves the
2statement of scope of the rules.
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(3)
General program operations — federal funds. The authorized FTE
4positions for the department of natural resources are increased by 0.75 FED educator
5positions, to be funded from the appropriation under s. 20.370 (1) (my).
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(4)
General program operations — federal funds. The authorized FTE
7positions for the department of natural resources are increased by 9.25 FED science
8services positions, to be funded from the appropriation under s. 20.370 (3) (my).
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(5)
Indirect cost reimbursements. The authorized FTE positions for the
10department of natural resources are increased by 1.0 FED educator position, to be
11funded from the appropriation under s. 20.370 (9) (mz).
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(1)
General program operations — state funds; fish, wildlife, and parks.
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(a) In the schedule under s. 20.005 (3) for the appropriation to the department
15of natural resources under s. 20.370 (1) (mu), the dollar amount for fiscal year
162019-20 is increased by $495,400 to increase the authorized FTE positions for the
17department by 4.6 SEG science services positions. In the schedule under s. 20.005
18(3) for the appropriation to the department of natural resources under s. 20.370 (1)
19(mu), the dollar amount for fiscal year 2020-21 is increased by $495,400 to increase
20the authorized FTE positions for the department by 4.6 SEG science services
21positions.
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(b) In the schedule under s. 20.005 (3) for the appropriation to the department
23of natural resources under s. 20.370 (1) (mu), the dollar amount for fiscal year
242019-20 is increased by $344,600 to increase the authorized FTE positions for the
25department by 4.25 SEG educator positions. In the schedule under s. 20.005 (3) for
1the appropriation to the department of natural resources under s. 20.370 (1) (mu),
2the dollar amount for fiscal year 2020-21 is increased by $344,600 to increase the
3authorized FTE positions for the department by 4.25 SEG educator positions.
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(2)
General program operations — state funds; forestry. In the schedule
5under s. 20.005 (3) for the appropriation to the department of natural resources
6under s. 20.370 (2) (mv), the dollar amount for fiscal year 2019-20 is increased by
7$268,700 to increase the authorized FTE positions for the department by 2.5 SEG
8science services positions. In the schedule under s. 20.005 (3) for the appropriation
9to the department of natural resources under s. 20.370 (2) (mv), the dollar amount
10for fiscal year 2020-21 is increased by $268,700 to increase the authorized FTE
11positions for the department by 2.5 SEG science services positions.
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(3)
Water resources management — lake, river, and invasive species
13management. In the schedule under s. 20.005 (3) for the appropriation to the
14department of natural resources under s. 20.370 (4) (aq), the dollar amount for fiscal
15year 2019-20 is increased by $28,900 to increase the authorized FTE positions for
16the department by 0.3 SEG science services position. In the schedule under s. 20.005
17(3) for the appropriation to the department of natural resources under s. 20.370 (4)
18(aq), the dollar amount for fiscal year 2020-21 is increased by $28,900 to increase the
19authorized FTE positions for the department by 0.3 SEG science services position.
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(4)
Recycling; administration. In the schedule under s. 20.005 (3) for the
21appropriation to the department of natural resources under s. 20.370 (4) (hq), the
22dollar amount for fiscal year 2019-20 is increased by $79,400 to increase the
23authorized FTE positions for the department by 1.0 SEG educator position. In the
24schedule under s. 20.005 (3) for the appropriation to the department of natural
25resources under s. 20.370 (4) (hq), the dollar amount for fiscal year 2020-21 is
1increased by $79,400 to increase the authorized FTE positions for the department
2by 1.0 SEG educator position.
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(5)
Natural resources magazine. In the schedule under s. 20.005 (3) for the
4appropriation to the department of natural resources under s. 20.370 (9) (iq), the
5dollar amount for fiscal year 2019-20 is increased by $81,700 to increase the
6authorized FTE positions for the department by 1.0 SEG educator position. In the
7schedule under s. 20.005 (3) for the appropriation to the department of natural
8resources under s. 20.370 (9) (iq), the dollar amount for fiscal year 2020-21 is
9increased by $81,700 to increase the authorized FTE positions for the department
10by 1.0 SEG educator position.
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(6)
Environmental quality — laboratory certification. In the schedule under
12s. 20.005 (3) for the appropriation to the department of natural resources under s.
1320.370 (9) (fj), the dollar amount for fiscal year 2019-20 is increased by $103,800 to
14increase the authorized FTE positions for the department by 1.25 PR science services
15positions. In the schedule under s. 20.005 (3) for the appropriation to the department
16of natural resources under s. 20.370 (9) (fj), the dollar amount for fiscal year 2020-21
17is increased by $103,800 to increase the authorized FTE positions for the department
18by 1.25 PR science services positions.
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(7)
General program operations, nonpoint source — environmental fund. In
20the schedule under s. 20.005 (3) for the appropriation to the department of natural
21resources under s. 20.370 (9) (mr), the dollar amount for fiscal year 2019-20 is
22increased by $50,400 to increase the authorized FTE positions for the department
23by 0.5 SEG science services position. In the schedule under s. 20.005 (3) for the
24appropriation to the department of natural resources under s. 20.370 (9) (mr), the
1dollar amount for fiscal year 2020-21 is increased by $50,400 to increase the
2authorized FTE positions for the department by 0.5 SEG science services position.
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(8)
General program operations — state funds; external services. In the
4schedule under s. 20.005 (3) for the appropriation to the department of natural
5resources under s. 20.370 (9) (mu), the dollar amount for fiscal year 2019-20 is
6increased by $220,000 to increase the authorized FTE positions for the department
7by 3.0 SEG educator positions. In the schedule under s. 20.005 (3) for the
8appropriation to the department of natural resources under s. 20.370 (9) (mu), the
9dollar amount for fiscal year 2020-21 is increased by $220,000 to increase the
10authorized FTE positions for the department by 3.0 SEG educator positions.
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(9)
Assistant attorney general and paralegal positions. In the schedule
12under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
13(1) (a), the dollar amount for fiscal year 2019-20 is increased by $195,400 to increase
14the authorized FTE positions for the department by 2.0 GPR assistant attorney
15general positions and 1.0 GPR paralegal position for environmental protection
16purposes. In the schedule under s. 20.005 (3) for the appropriation to the department
17of justice under s. 20.455 (1) (a), the dollar amount for fiscal year 2020-21 is
18increased by $195,400 to provide funding for the positions authorized under this
19subsection.