NR 151.23(4m)(b)4. 4. Notwithstanding subd. 1. or 2., if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

NR 151.23 Note Note: The department of natural resources has developed guidance document no. 3800-2017-03 to assist with compliance with the 5 tons per acre sediment performance standard.

NR 151.23 Note Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.

NR 151.23(4m)(c) (c) Preventive measures. The plan shall incorporate all of the following:

NR 151.23(4m)(c)1. 1. Maintenance of existing vegetation, especially adjacent to surface waters, whenever possible.

NR 151.23(4m)(c)2. 2. Minimization of soil compaction and preservation of topsoil.

NR 151.23(4m)(c)3. 3. Minimization of land disturbing construction activity on slopes of 20% or more.

NR 151.23(4m)(c)4. 4. Development of spill prevention and response procedures.

NR 151.23(5) (5) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state.

NR 151.23 Note Note: While regional treatment facilities are appropriate for control of post-construction pollutants, they should not be used for construction site sediment removal.

NR 151.23(6) (6) Implementation. The BMPs used to comply with this section shall be implemented as follows:

NR 151.23(6)(a) (a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin and in accordance with the plan developed under sub. (3).

NR 151.23(6)(b) (b) Erosion and sediment control practices shall be maintained until final stabilization.

NR 151.23(6)(c) (c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

NR 151.23(6)(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 151.23(6)(e) (e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

NR 151.23 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (1), (3) (a), (4) (title), (5), cr. (2) (cm), (4m), (6) Register December 2010 No. 660, eff. 1-1-11.

NR 151.24 NR 151.24 Post–construction performance standard.

NR 151.24(1) (1) Applicability. This section applies to a transportation facility that is or was subject to the construction performance standards of s. NR 151.23, except any of the following:

NR 151.24(1)(a) (a) A transportation construction site where the department has received a notice of intent for the construction project in accordance with subch. III of ch. NR 216 within 2 years after October 1, 2002.

NR 151.24(1)(b) (b) A transportation facility construction site that has undergone final stabilization within 2 years after October 1, 2002.

NR 151.24(1)(bm) (bm) A transportation post-construction site for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216 on or after January 1, 2011. Transportation post-construction sites for which the department received a notice of intent for the construction project, in accordance with subch. III of ch. NR 216, on or after January 1, 2011, shall meet the performance standards of ss. NR 151.242 to 151.249.

NR 151.24(1)(c) (c) Reconditioning or resurfacing of a highway.

NR 151.24(1)(d) (d) Minor reconstruction of a highway. Notwithstanding the exemption under this paragraph, the protective areas requirements in sub. (6) apply to minor reconstruction of a highway.

NR 151.24(1)(e) (e) A redevelopment transportation facility with no increase in exposed parking lots or roads.

NR 151.24(1)(f) (f) A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.

NR 151.24 Note Note: Projects that consist of only the construction of bicycle paths or pedestrian trails generally meet this exception as these facilities have minimal connected imperviousness.

NR 151.24(1)(g) (g) Protective area requirements under sub. (6) do apply to actions described in s. NR 151.20 (2).

NR 151.24(1)(h) (h) A transportation facility, the construction of which involves activity described in s. NR 151.23 (1) (a) 2. but that has less than one acre of land disturbing construction activity.