NR 329.04(2)(c) (c) General standards.

NR 329.04(2)(c)1. 1. 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.

NR 329.04 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 329.04(2)(c)2. 2. 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 construction or installation shall be restored.

NR 329.04(2)(c)3. 3. To protect fish habitat during spawning seasons, no general permit activity shall take place during the time period specified:

NR 329.04(2)(c)3.a. a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through May 15.

NR 329.04(2)(c)3.b. b. For all waters not identified under subd. 3. a. and located south of state highway 29, March 15 through May 15.

NR 329.04(2)(c)3.c. c. For all waters not identified under subd. 3. a. and located north of state highway 29, April 1 through June 1.

NR 329.04(2)(c)3.d. d. The applicant may request that the requirements in subd. 3. 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 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.

NR 329.04(2)(c)4. 4. 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. 4. a. to c. or h. Decontamination shall include either subd. 4. 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.

NR 329.04(2)(c)4.a. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.

NR 329.04(2)(c)4.b. b. Drain all water from equipment used in navigable waters.

NR 329.04 Note 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.

NR 329.04(2)(c)4.c. 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.

NR 329.04(2)(c)4.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

NR 329.04(2)(c)4.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

NR 329.04(2)(c)4.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 329.04 Note 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.

NR 329.04(2)(c)4.g. 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.

NR 329.04 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).

NR 329.04(2)(c)4.h. 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.

NR 329.04 Note 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.

NR 329.04(2)(d) (d) Ford standards.

NR 329.04(2)(d)1. 1. A ford may not be located in an area of special natural resource interest except for fords constructed for an agricultural use as defined in s. 30.40 (1), Stats. However, no ford may be placed within a public rights feature as described in s. NR 1.06.

NR 329.04(2)(d)2. 2. A ford may be placed and maintained only by a riparian.

NR 329.04(2)(d)3. 3. A ford shall be placed entirely within the riparian’s zone of interest, as determined by one of the methods outlined in ch. NR 326.

NR 329.04(2)(d)4. 4. A ford shall be designed and constructed to prevent structural failure and shall be maintained in good condition at all times.

NR 329.04(2)(d)5. 5. A ford shall only be located in a stream.

NR 329.04(2)(d)6. 6. A ford shall only be constructed where the stream width is less than 100 feet, the normal stream depth is less than 2 feet, and where the streambed does not contain more than 6 inches of soft sediment.