NR 345.04(2)(d)10. 10. The trench excavation, filling and installation of utility crossing the below the ordinary high mark shall be completed within an 8-hour period.

NR 345.04(2)(d)11. 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.

NR 345.04(2)(d)12. 12. When the dredging is complete, the streambed contours shall be the same as the pre-construction contours.

NR 345.04(2)(e) (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:

NR 345.04(2)(e)1. 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.

NR 345.04(2)(e)2. 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.

NR 345.04(2)(e)3. 3. Dredging shall comply with s. ATCP 48.32.

NR 345.04(2)(e)4. 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.

NR 345.04(2)(e)5. 5. Dredging may not exceed the volume or extend beyond the dimensions of the previously dredged project.

NR 345.04(2)(f) (f) Standards for manual dredging.

NR 345.04(2)(f)1. 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).

NR 345.04(2)(f)2. 2. The dredging operation meets the definition of manual dredging in s. NR 345.03 (5).

NR 345.04(2)(f)3. 3. For each riparian property, the amount of bottom material removed from a waterbody may not exceed 10 cubic yards in a calendar year.

NR 345.04(2)(f)4. 4. The project may not be located where there are public rights features as described in s. NR 1.06.

NR 345.04 Note Note: When the state is the riparian property owner, the requirements of ch. NR 45 shall be met.

NR 345.04(2)(g) (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:

NR 345.04(2)(g)1. 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.

NR 345.04(2)(g)3. 3. Dredging may not exceed the volume or extend beyond the dimensions of the previous dredge project.

NR 345.04(2)(g)4. 4. The applicant has provided information that the area meets the requirements of “previously dredged area” as follows:

NR 345.04(2)(g)4.a. a. The applicant can demonstrate that previous removal of material was authorized by the department; or

NR 345.04(2)(g)4.b. 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.

NR 345.04(2)(g)5. 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.

NR 345.04(2)(h) (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:

NR 345.04(2)(h)1. 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.

NR 345.04 Note 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.

NR 345.04(2)(h)2. 2. The applicant shall be licensed by the department of agriculture, trade and consumer protection as a nursery grower under s. 94.10, Stats.

NR 345.04(2)(h)3. 3. All dislodged aquatic plants and floating debris shall be removed from the waterbody at the end of each day.

NR 345.04(2)(h)4. 4. The equipment and motors used for jetting loose the aquatic plants shall conform to the following specifications:

NR 345.04(2)(h)4.a. a. The pumps may not exceed 6 ½ horsepower.