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.

NR 345.04(2)(c)6.6. Dredging shall be conducted to minimize the re-suspension of sediment to the maximum extent practicable in accordance with the following:

NR 345.04(2)(c)6.a.a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, the total suspended solid concentrations may not exceed 40 mg/L.

NR 345.04(2)(c)7.7. 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 to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.

NR 345.04(2)(c)8.8. 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 345.04(2)(c)9.9. 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. 9. a. to c. or h. Decontamination shall include either subd. 9. 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 345.04(2)(c)9.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 345.04 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 345.04 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 345.04(2)(c)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(2)(c)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 NoteNote: 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(2)(c)10.10. If the project location is within the riparian zone, the applicant is the riparian owner or has permission of the riparian owner to dredge the bottom material.

NR 345.04 NoteNote: 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)(d)(d) Standards for installation of utility crossing. Dredging to install a utility crossing is eligible for a general permit subject to all of the following limitations:

NR 345.04(2)(d)1.1. The location of the utility crossing shall be located to reduce environmental impacts by minimizing the disturbance of the following: adjacent wetland corridors, banks with steep slopes and fish and wildlife habitat within the waterway.