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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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.
NR 320.06(2)(b)(b) Applicable activities. A clear span bridge that meets all the standards in s. NR 320.04 and pars. (c) and (d) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats. A culvert placement that meets all the standards in par. (c) and either par. (e) or (f) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats. A temporary in-stream crossing that meets all the standards in pars. (c) and (g) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats.
NR 320.06 NoteNote: 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 320.06(2)(c)(c) General standards.
NR 320.06(2)(c)1.1. 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 placement, repair or removal of a structure shall be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.
NR 320.06 NoteNote: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.