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.

NR 345.04(2)(c)2. 2. To protect fish habitat during spawning seasons, the dredging may not occur during the following time periods:

NR 345.04(2)(c)2.a. a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through May 15.

NR 345.04(2)(c)2.b. b. For all waters not identified in subd. 2. a. and located south of state highway 29, March 15 through May 15.

NR 345.04(2)(c)2.c. c. For all waters not identified in subd. 2. a. and located north of state highway 29, April 1 through June 1.

NR 345.04(2)(c)2.d. d. The applicant may request that the requirement in subd. 2. a., b. or c. be waived by the department on a case-by-case basis, by submitting a written statement signed by the local department fisheries biologist, documenting consultation about the proposed dredging project, and that the local department fisheries biologist has determined that the requirements of this paragraph are not necessary to protect fish spawning for the proposed project.

NR 345.04(2)(c)3. 3. Any dredged material removed from the waterbody may not be permanently placed in a wetland, or floodway or re-deposited below the ordinary high water mark of a navigable waterway, except as provided for as backfill in accordance with par. (d) 9.

NR 345.04(2)(c)4. 4. Dredged material may be temporarily placed for not more than 8 hours within a wetland or below the ordinary high water mark of a navigable waterway if the material is placed on matting with appropriate erosion control to prevent runoff. Any areas used for temporary placement shall be completely restored within 24 hours.

NR 345.04(2)(c)5. 5. The project shall be conducted in a manner that prevents dispersal of sediment away from the project site. Temporary control measures such as silt curtains shall be used as needed, and shall be installed prior to dredging and removed from the waterbody no more than 24 hours after dredging is complete. Any temporary control measures shall follow all state lighting requirements and may not obstruct navigation.