NR 341.08 NoteNote: Where there is overlapping jurisdiction between ch. NR 216 and this chapter for sites with land disturbance of more than one acre, the department will develop consolidated procedures so that only one submittal will be required.

NR 341.08(1)(b)(b) If the department determines that a grading application 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 until the applicant submits documentation to demonstrate one of the following:

NR 341.08(1)(c)(c) If the applicant modifies their grading project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department can consider the application complete or issue a general permit.

NR 341.08(2)(2) Applicable activities. A grading project that meets the requirements in sub. (3) shall be eligible for general permit coverage under ss. 30.19 (3r) (b) and 30.206, Stats.

NR 341.08(3)(a)(a) Performance standards. The grading project meets the stormwater performance standards of ss. NR 151.11 and 151.12 for stormwater discharges from land disturbing construction activities for non-transportation projects and ss. NR 151.23 and 151.24 for transportation projects.

NR 341.08 NoteNote: The department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control erosion and sediment runoff. Contact the department storm water program in the Bureau of Watershed Management at (608) 267-7694 to obtain a copy of this list or visit the department’s stormwater website at www.dnr.wi.gov/org/water/wm/nps/stormwater.htm.

NR 341.08(3)(b)(b) Buffers on lakes and streams. An undisturbed, vegetated area is maintained or established adjacent to the waterway in accordance with the distances in s. NR 151.12 (5) (d) 1. a. to c. for protective areas around lakes or streams. In the absence of a specified distance in s. NR 151.12 (5) (d) 1. a. to c., the vegetated area may not be disturbed or must be established for 35 feet landward from the ordinary high water mark. Construction or land disturbance within this buffer may occur for an activity that is otherwise authorized under ch. 30 or 31, Stats., exempted under ch. 30, Stats., or is a stormwater best management practice designed to comply with ch. NR 151 or 216.

NR 341.08 NoteNote: The duff layer beneath a pine forest is easily washed away during increased flows due to construction and would therefore not be adequate buffer coverage.

NR 341.08 NoteNote: A grading project including placement of a road and culvert to cross a navigable waterway is not excluded from eligibility for this general permit if the culvert is authorized under ch. 30, Stats. This section does not prohibit a local ordinance from being more restrictive.

NR 341.08(3)(c)(c) Buffers on wetlands. The grading does not disturb an existing vegetated area in accordance with the distances in s. NR 151.12 (5) (d) 1. a. or d. to f. for protective areas around wetlands. Construction or land disturbance for a stormwater best management practice designed to comply with ch. NR 151 or 216 may occur within this buffer, but not within the wetland.

NR 341.08(3)(d)(d) Elevation change. The difference in elevation between pre- and post-construction contours does not exceed 5 feet within the bank area, except for areas immediately adjacent to exposed or walkout basements where the difference in elevation between pre-and post-construction contours may not exceed 10 feet within the bank area.

NR 341.08(3)(e)(e) Slope. The grading may not disturb or create a slope that exceeds 20% within the bank area.

NR 341.08(3)(f)(f) Revegetation. The vegetation plan required in s. NR 341.05 (2) (o) shall be implemented and monitored for one year after project completion. During the monitoring period, the grading site shall be inspected regularly, and any areas requiring additional stabilization or revegetation shall be addressed to ensure final stabilization. One year after project completion, a report and photographs shall be submitted to the department to demonstrate that the grading site is stabilized. If after one year, final stabilization has not been achieved or maintained, the department may require the landowner to submit a revised vegetation plan to the department, and implement the revised plan.

NR 341.08(3)(g)(g) Designated waters. The grading site is not located in or adjacent to any of the following:

NR 341.08(3)(h)(h) For grading projects on an outstanding or exceptional resource water under s. 281.15, Stats., upon receipt of a general permit application, the department shall conduct a site inspection.

NR 341.08(3)(i)(i) 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. 1. to 3. or 8. Decontamination shall include either subd. 4., 5., 6., 7., or 8. 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 341.08(3)(i)1.1. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.

NR 341.08 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.