NR 345.04(1)(d)9.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 345.04 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 345.04(1)(d)9.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 345.04 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).

NR 345.04(1)(d)9.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 345.04 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 345.04(1)(e) (e) Standards for dredging necessary to place or maintain an exempt structure under s. 30.20 (1g) (b) 1., Stats. The standards for this activity are contained in the rules that describe the exempt structures.

NR 345.04 Note Note: Chapters NR 320, 323, 326, 328 and 329 contain rules regarding various exempt activities including culvert replacement, habitat structures, piers, boat shelters, riprap replacement, intake and outfall structures and dry fire hydrants.

NR 345.04(1)(f) (f) Permit required.

NR 345.04(1)(f)1. 1. Activities which do not meet the standards in par. (c), (d) or (e) are determined ineligible for an exemption by the department shall require a general permit or contract or individual permit or contract.

NR 345.04(1)(f)2. 2. The department has the authority under s. 30.20 (1m), Stats., to require a permit in lieu of exemption.

NR 345.04(2) (2) General permits.

NR 345.04(2)(a) (a) Procedures.

NR 345.04(2)(a)1. 1. General permits shall be processed according to the procedures in ch. NR 300.

NR 345.04(2)(a)2. 2. If the department determines that a dredging proposal 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. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate one of the following:

NR 345.04(2)(a)2.a. a. The dredging project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.

NR 345.04(2)(a)2.b. b. The dredging project has received an incidental take authorization under s. 29.604, Stats.

NR 345.04(2)(a)2m. 2m. If the department determines that the dredging proposal submitted under this section has the potential to impact an archaeological site or historic structure in accordance with s. 44.40, Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate that the dredging project avoids impacts to the archaeological site or historic structure, or completes and documents requested investigations of archaeological sites or historic structures in accordance with s. 44.40, Stats. Reports of completed archaeological or historic structures investigations for projects are subject to departmental and Wisconsin Historical Society review and approval in advance of permit issuance.

NR 345.04(2)(a)3. 3. If the applicant modifies their dredging project plans to meet the requirements of subd. 2. or 2m., the modified plans shall be submitted before the department can consider the application complete or issue a general permit.

NR 345.04(2)(a)4. 4. General permit applications under par. (i) for licensed aquatic nursery growers may be submitted to the department of agriculture, trade and consumer protection. Applications shall be considered received on the date they are received by the department.

NR 345.04 Note Note: Applications may be obtained from the department’s regional headquarters or service centers, or on the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.” DATCP has agreed to send application forms and instructions provided by the department to aquatic nursery growers along with license renewal forms. DATCP will forward all applications to the department for processing.

NR 345.04(2)(b) (b) Applicable activities. Dredging that meets all of the standards in par. (c) and either par. (d), (f), (h), (i), (im) or (ir) is eligible for a general permit under ss. 30.20 (1t) and 30.206, Stats. Dredging that meets all of the standards in par. (c) and either par. (e) or (g) is eligible for a general permit under ss. 30.20 (1t) (a) and (am) and 30.206, Stats.

NR 345.04 Note Note: Eligibility for an exemption or general permit does not automatically result in a federal permit or state water quality certification for fill in wetlands. Some projects involving minimal wetland fill may be eligible for authorization under a U.S. Army Corps of Engineers general permit which has already been granted state water quality certification or a general permit under s. 281.36 (3g) (b), Stats. (under development). All other projects affecting wetlands will require individual water quality certification including public notice as required by s. 401, Federal Clean Water Act, and s. 281.36 (3b) (b), Stats., and carried out under chs. NR 103 and 299. For further instructions, see the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.”

NR 345.04 Note Note: Effective Aug. 1, 2012, s. 30.20(1t)(b), Stats., is repealed. As provided by s. 30.206(1r), Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits authorized by s. 30.20(1t) (b), Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6, 2013. This permit is replaced with Statewide General Permit GP5-2013-WI (WDNR-GP5-2013), which is found on the department website http://dnr.wi.gov under the topic “Waterway.” WDNR-GP5-2013-WI expires June 5, 2018, unless renewed, modified, or revoked on or before that date.

NR 345.04(2)(c) (c) General permit standards. In order to be eligible for a general permit, projects must meet all of the general permit standards in par. (c) in the addition to the specific activity standards in par. (d), (e), (im) or (ir).

NR 345.04(2)(c)1. 1. The applicant shall provide information that the dredged material does not contain any hazardous substance as follows:

NR 345.04(2)(c)1.a. a. Through the collection and laboratory analysis of the dredged material in compliance with ch. NR 347; or

NR 345.04(2)(c)1.b. b. Through the review of historical dredge material information from the vicinity of the proposed project that was collected and analyzed in accordance with ch. NR 347; or

NR 345.04(2)(c)1.c. c. By assessing the potential for hazardous substances to be present based upon the characteristic of the watershed, industrial and municipal discharges to the waterbody and dredge material data from similar waterways.