NR 343.05(4)(a) (a) 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 343.05 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 343.05(4)(b) (b) 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.

NR 343.05 History History: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 343.06 NR 343.06 Construction site inspections and maintenance. Any person required to submit an application for a pond or artificial water body under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4).

NR 343.06 History History: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 343.07 NR 343.07 General permit.

NR 343.07(1) (1) Procedures.

NR 343.07(1)(a) (a) General permits shall be processed according to the procedures in ch. NR 300.

NR 343.07(1)(b) (b) If the department determines that a pond or artificial water body application 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 until the applicant submits documentation to demonstrate one of the following:

NR 343.07(1)(b)1. 1. The pond or artificial water body project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.

NR 343.07(1)(b)2. 2. The pond or artificial water body project has received an incidental take authorization under s. 29.604, Stats.

NR 343.07(1)(c) (c) If the applicant modifies the pond or artificial waterbody project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department may consider the application complete or authorized under a general permit.

NR 343.07(2) (2) Applicable activities. A pond or artificial water body project that meets the standards in sub. (3) shall be eligible for general permit coverage under ss. 30.19 (3r) (a) and (b) and 30.206, Stats.

NR 343.07(3) (3) General permit standards. The department may issue a general permit for the construction, dredging or enlargement of any part of a pond or artificial water body that meets all of the standards in par. (a) and either par. (b), (c) or (d) as follows:

NR 343.07(3)(a) (a) Standards for all pond construction under general permits.

NR 343.07(3)(a)1. 1. The site shall meet the construction site performance standards of s. NR 151.11 for land disturbing construction activities for non-transportation projects and s. NR 151.23 for transportation projects.

NR 343.07(3)(a)2. 2. The pond or artificial water body is designed in accordance with best management practices required for stormwater discharge permits under ch. NR 216, or to meet a local ordinance for stormwater management.

NR 343.07(3)(a)3. 3. The pond or artificial water body may not be associated with any metallic or non-metallic mining project.

NR 343.07(3)(a)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 343.07(3)(a)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 343.07(3)(a)4.b. b. Drain all water from equipment used in navigable waters.

NR 343.07 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 343.07(3)(a)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 343.07(3)(a)4.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

NR 343.07(3)(a)4.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

NR 343.07(3)(a)4.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 343.07 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 343.07(3)(a)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.