NR 320.06 Note Note: In most cases, the pipe arch culvert is the recommended culvert design because it is effective in low clearance installations, generally requires less fill, and the wider bottom allows for the better retention of natural substrates.

NR 320.06(1)(d)3. 3. 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 320.06 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 320.06(1)(d)4. 4. 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 320.06(1)(d)5. 5. A deposit of sand, gravel or stone under s. 30.12 (1g) (a), Stats., may be associated with the replacement of a culvert provided the deposit is limited to the area immediately underneath or within 2 feet of the culvert.

NR 320.06(1)(d)6. 6. Dredging under s. 30.20 (1g) (b) 1., Stats., is allowed for the replacement of a culvert provided it is limited to the volume necessary to bury the culvert as required in subd. 2.

NR 320.06(1)(d)7. 7. 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. 7. a. to c. or h. Decontamination shall include either subd. 7. 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 320.06(1)(d)7.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 320.06(1)(d)7.b. b. Drain all water from equipment used in navigable waters.

NR 320.06 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 320.06(1)(d)7.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 320.06(1)(d)7.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

NR 320.06(1)(d)7.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

NR 320.06(1)(d)7.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 320.06 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 320.06(1)(d)7.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 320.06 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).

NR 320.06(1)(d)7.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 320.06 Note Note: See the department’s website at 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 320.06(1)(e) (e) Permit required.

NR 320.06(1)(e)1. 1. Activities that do not meet the standards in par. (c) or (d) or are otherwise determined ineligible for an exemption by the department require a general permit or individual permit.

NR 320.06(1)(e)2. 2. The department has the authority under s. 30.123 (6m), Stats., to require a permit in lieu of exemption.

NR 320.06(2) (2) General permits.

NR 320.06(2)(a) (a) Procedures.

NR 320.06(2)(a)1. 1. General permits shall be processed according to the procedures in ch. NR 300.

NR 320.06(2)(a)2. 2. If the department determines that a 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 320.06(2)(a)2.a. a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.

NR 320.06(2)(a)2.b. b. The project has received an incidental take authorization under s. 29.604, Stats.

NR 320.06(2)(a)3. 3. If the applicant modifies the project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department may consider the application complete or issue a general permit.