NR 151.225(5)(d)(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

NR 151.225(5)(e)(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

NR 151.23(1)(1) Applicability. This section applies to any transportation facility construction site that consists of one acre or more of land disturbing construction activity.

NR 151.23(1)(a)(a) Subsections (2), (3), (4), and (5) apply to all of the following:

NR 151.23(1)(a)1.1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 before January 1, 2011.

NR 151.23(1)(a)2.2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, before January 1, 2011.

NR 151.23(1)(b)(b) Subsections (2) (a), (b), and (cm), (3), (4m), (5), and (6) apply to all of the following:

NR 151.23(1)(b)1.1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 on or after January 1, 2011.

NR 151.23(1)(b)2.2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, on or after January 1, 2011.

NR 151.23(2)(a)(a) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity.

NR 151.23(2)(b)(b) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, and are in compliance with the performance standards of subch. III.

NR 151.23(2)(c)(c) Routine maintenance for transportation facilities that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

NR 151.23 NoteNote: Construction projects such as installations of utilities within a transportation right-of-way that are not directed and supervised by the Department of Transportation are subject to the performance standards of subch. III and are not subject to this subchapter.

NR 151.23(2)(cm)(cm) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance.

NR 151.23(3)(a)(a) The responsible party under s. NR 151.22 shall develop and implement a written design plan for each construction site. The plan shall incorporate the applicable requirements of this section.

NR 151.23(3)(b)(b) The plan required under s. NR 151.22 (2) (a) or (3) shall be properly installed to implement the plan under s. NR 151.22 (1) (a).

NR 151.23(4)(a)(a) BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, as specified in s. NR 151.22 (1) (a) or (3), until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination and shall be installed according to any associated implementation plan to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.

NR 151.23 NoteNote: Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in subch. V., may be used to calculate sediment reduction.

NR 151.23(4)(b)(b) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, based on an average annual rainfall, the design plan shall include a written and site-specific explanation why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.